Immigration

Employer Sanctions Repeal Act of 1991

United States · United States Congress · 20 September 1991

Employer Sanctions Repeal Act of 1991 - Repeals specified provisions of the Immigration and Nationality Act, the Immigration Reform and Control Act of 1986 (IRCA), and the United States Code relating to the unlawful employment of aliens. Repeals specified provisions of the Immigration and Nationality Act and IRCA relating to unfair immigration-related employment practices. Continues the duties of the Special Counsel for Immigration-Related Unfair Employment Practices regarding unfair immigration-related employment practices for one year after enactment of this Act, such duties thereafter to be assumed by the Civil Rights Division of the Department of Justice. Increases FY 1992 Border Patrol funding and personnel levels. Provides Border Patrol personnel training with respect to the rights and varied cultural backgrounds of aliens and citizens. Requires the Attorney General, in developing such training, to consult with organizations familiar with the varied cultural backgrounds of, or which have experience providing services to, such aliens and citizens. Authorizes appropriations. Increases FY 1992 personnel levels for: (1) the Wage and Hour Division within the Employment Standards Administration of the Department of Labor; (2) the Assistant United States Attorneys employed by the Department of Justice; and (3) the anti-smuggling program of the Immigration and Naturalization Service. Amends the Immigration and Nationality Act to increase penalties for bringing in or harboring certain aliens. Expresses the sense of the Congress that the Attorney General should initiate discussions with Mexico and Canada with regard to the smuggling of aliens into the United States. Authorizes appropriations.

Judicial Naturalization Amendments of 1991

United States · United States Congress · 19 September 1991

Judicial Naturalization Amendments of 1991 - Amends the Immigration and Nationality Act to confer naturalization authority upon the Attorney General and eligible naturalization courts under specified conditions. (Current law provides the Attorney General with sole naturalization authority.)

Employer Sanctions Repeal Act of 1991

United States · United States Congress · 19 September 1991

Employer Sanctions Repeal Act of 1991 - Repeals specified provisions of the Immigration and Nationality Act, the Immigration Reform and Control Act of 1986 (IRCA), and the United States Code relating to the unlawful employment of aliens. Repeals specified provisions of the Immigration and Nationality Act and IRCA relating to unfair immigration-related employment practices. Continues the duties of the Special Counsel for Immigration-Related Unfair Employment Practices regarding unfair immigration-related employment practices for one year after enactment of this Act, such duties thereafter to be assumed by the Civil Rights Division of the Department of Justice. Increases FY 1992 Border Patrol funding and personnel levels. Provides Border Patrol personnel training with respect to the rights and varied cultural backgrounds of aliens and citizens. Requires the Attorney General, in developing such training, to consult with organizations familiar with the varied cultural backgrounds of, or which have experience providing services to, such aliens and citizens. Authorizes appropriations. Increases FY 1992 personnel levels for: (1) the Wage and Hour Division within the Employment Standards Administration of the Department of Labor; (2) the Assistant United States Attorneys employed by the Department of Justice; and (3) the anti-smuggling program of the Immigration and Naturalization Service. Amends the Immigration and Nationality Act to increase penalties for bringing in or harboring certain aliens. Expresses the sense of the Congress that the Attorney General should initiate discussions with Mexico and Canada with regard to the smuggling of aliens into the United States. Authorizes appropriations.

For the relief of Florence Adeboyeku.

United States · United States Congress · 16 September 1991

Declares a named individual to have been lawfully admitted to the United States for permanent residence under the Immigration and Nationality Act.

To amend the Immigration and Nationality Act to provide for prompt parole into the United States of aliens in order to attend the funeral of an immediate blood relative in the United States.

United States · United States Congress · 16 September 1991

Amends the Immigration and Nationality Act to direct the Attorney General to provide, on an expedited basis, for the parole admission of an alien into the United States to attend the funeral of an immediate blood relative.

To delay until April 1, 1992, the implementation of provisions relating to O and P nonimmigrants.

United States · United States Congress · 11 September 1991

Delays temporarily the implementation of certain provisions of the Immigration and Nationality Act regarding the nonimmigrant admission of alien artists, athletes, entertainers, or fashion models ("O" and "P" visas).

To amend the Immigration and Nationality Act to authorize the nonimmigrant entry of spouses and children of alien members of the Armed Forces.

United States · United States Congress · 11 September 1991

Amends the Immigration and Nationality Act to establish as a class of nonimmigrant aliens the spouse or child of an alien member of the U.S. armed forces.

For the relief of Carmen Victoria Parini, Felix Juan Parini, and Sergio Manuel Parini.

United States · United States Congress · 2 August 1991

Provides for the naturalization under the Immigration and Nationality Act of three named individuals upon their taking the oath of allegiance to the United States.

Pollution Prevention, Community Recycling, and Incinerator Control Act

United States · United States Congress · 2 August 1991

Pollution Prevention, Community Recycling, and Incinerator Control Act - Amends the Solid Waste Disposal Act to prohibit the issuance of permits for construction or expansion to municipal solid waste incinerators. Prohibits Federal agencies, State or local governments, or other waste management jurisdictions from issuing permits to such incinerators after December 31, 1999, unless the applicant demonstrates and the State finds that: (1) an annual waste composition analysis of the solid waste generated within the area to be served by the facility is conducted by the applicant and by entities from which the facility accepts waste; (2) such entities divert specified percentages of glass, paper, metals, plastics, and yard and food waste to waste management methods other than incineration; (3) the facility will not interfere with diversion rates; (4) it is not feasible to manage the remaining solid waste through source reduction, reuse, or recycling; (5) the facility will not adversely affect the environment or human health and is not situated in a nonattainment area identified under the Clean Air Act; (6) the facility will not harm the local economy; (7) the full cost of the facility over its entire life will be less costly than reducing, recycling, or composting waste; (8) the waste management jurisdiction conducts a public participation process (including a technical assistance grant to local community groups concerned about the project); (9) the proposed construction or expansion is approved by the unit of local government in whose boundaries the facility would be sited; (10) firms operating the facility are in compliance with environmental and public health statutes, have paid outstanding fines for violations of such statutes, and make disclosure statements available; and (11) an approved environmental impact statement is completed. Directs the Administrator of the Environmental Protection Agency to: (1) promulgate standards for waste composition analyses; and (2) review diversion rates triennially and require higher rates, if feasible. Treats ash from municipal solid waste incinerators as a hazardous waste under the Solid Waste Disposal Act. Requires such ash to be managed in a monofill containing only such ash and designed to: (1) prevent the migration of constituents during the operation of the facility; and (2) prevent the infiltration of precipitation during any closure or postclosure monitoring period. Provides for compliance with such requirement by existing incinerators within three years of the enactment of this Act. Prohibits the use of such ash for any purpose. Prohibits the incineration of household hazardous waste, batteries, chlorinated plastics, consumer electronics, and yard waste in such incinerators. Prohibits the issuance of permits or prior approval for the construction or expansion of hazardous waste incinerators unless: (1) waste composition analyses are conducted by the applicant and generators of waste to be incinerated at the facility; (2) specified toxics use reduction requirements have been met and the facility will not interfere with the implementation of such requirements; (3) the facility will not adversely affect the environment or human health; (4) the facility will not harm the local economy; (5) there is no safer disposal or treatment technology available for any of the wastes; (6) the waste management jurisdiction conducts a public participation process (including a technical assistance grant to local community groups concerned about the project); (7) the proposed construction or expansion is approved by the unit of local government in whose boundaries the facility would be sited; (8) firms operating the facility are in compliance with environmental and public health statutes, have paid outstanding fines for violations of such statutes, and make disclosure statements available; and (9) an approved environmental impact statement is completed. Requires hazardous waste generators, as part of the permit process, to report annually on the use, and reduction of the use, of toxic or hazardous substances at their facilities. Directs permit applicants to demonstrate that the State in which the incinerator is located, and each State in which generators of hazardous waste to be incinerated at the facility are located, are implementing toxics use reduction programs. Applies this Act's requirements to any facility that burns hazardous waste.

Immigration Technical Corrections Act of 1991

United States · United States Congress · 1 August 1991

Immigration Technical Corrections Act of 1991 - Amends the Immigration and Nationality Act, as amended by the Immigration Act of 1990 and the Immigration Reform and Control Act of 1986, to make technical and transitional changes.

A bill to authorize certain elements of the Yakima River Basin Water Enhancement Project, and for other purposes.

United States · United States Congress · 31 July 1991

Directs the Secretary of the Interior to establish and administer a Yakima River Basin Water Conservation Program for the purpose of evaluating and implementing measures to improve the availability of water supplies for irrigation and the protection and enhancement of fish and wildlife resources, including wetlands, while improving the quality of water in the Yakima River basin. Authorizes the Secretary to make grants to eligible entities for the purpose of carrying out this Act. Requires the Program to encourage and provide funding assistance for the following phases of water conservation: (1) development of water conservation plans, consistent with specified guidelines discussed below, by individuals and areawide entities; (2) investigation of the feasibility of specific potential water conservation measures identified in the plans; (3) implementation of measures that have been identified in the plans and investigated for feasibility; and (4) post-implementation monitoring and evaluation of implemented measures. Directs the Secretary to establish the Yakima River Basin Conservation Advisory Group to provide assistance with respect to the Program. Directs the Secretary to adopt guidelines to be used in the administration of the Program. Sets forth the contents of such guidelines. Details the manner in which costs of the four phases are to be shared among Federal, State, and local sources. Requires the coordination of on-farm water management improvements with programs administered by the Secretary of Agriculture and State conservation districts. Authorizes appropriations to carry out the Program. Provides for the implementation by the Yakima Indian Nation of: (1) an irrigation demonstration project on the Yakima Indian Reservation that shall provide for the construction of distribution and on-farm irrigation facilities to use water savings resulting from system improvements to the Wapato Irrigation Project; and (2) a Toppenish Creek corridor enhancement project to demonstrate integration of management of agricultural, fish, wildlife, and cultural resources to meet tribal objectives. Authorizes appropriations to the Secretary for initiation, operation, and maintenance of such projects and for implementation of system improvements to the Wapato Irrigation Project. States that the Program is intended to result in reductions in water diversions allowing for changes in the present operation of the Yakima Federal Reclamation Project to improve instream flows in the Yakima River basin. Details the instream flows the Secretary is required to provide through the Yakima Project Superintendent, allowing flow increases to facilitate anadromous fish migration which, to the extent possible, are obtained through voluntary sale and leasing of water or water rights. Provides for review and adjustment of the water supply in the Yakima River basin set aside for the instream flows to be provided by the Secretary in order to meet water entitlements. Dedicates water savings resulting from improvements to the Wapato Irrigation Project to fish, wildlife, and on-reservation irrigation. Requires water accruing in the additional storage capacity of Lake Cle Elum that is made available pursuant to the modifications discussed below to be: (1) administered in accordance with the laws of the State of Washington; and (2) considered part of the Yakima River basin's water supply. Authorizes releases from other Yakima Project storage facilities to utilize the water described above, except that water deliveries to holders of existing water rights shall not be impaired. Authorizes appropriations for Chandler Power Canal operations for the delivery of water to the Kennewick Division. Authorizes appropriations for: (1) modifying the radial gates at Cle Elum Dam to provide additional storage capacity in Lake Cle Elum; (2) providing for shoreline protection of the Lake; (3) constructing juvenile fish passage facilities at the Dam; (4) operation and maintenance responsibilities of the Federal Government for the Dam; and (5) environmental mitigation. Provides for the enhancement of water supplies for Yakima River Basin tributaries for fish and wildlife and irrigation purposes. Requires a study to determine the measures to be implemented to enhance water supplies for such purposes on Taneum Creek. Authorizes appropriations for such enhancement and for the Taneum Creek study. Makes implementation of this Act contingent upon compliance by the Secretary with the National Environmental Policy Act of 1969. Authorizes appropriations for environmental compliance activities.

Access to Obstetrical Care Act of 1991

United States · United States Congress · 30 July 1991

Access to Obstetrical Care Act of 1991 - Requires the Secretary of Health and Human Services to provide for demonstration projects to reduce infant mortality by improving access in underserved areas to obstetric services for eligible pregnant women under title XIX (Medicaid) of the Social Security Act. Amends the Public Health Service Act to: (1) deem any officer, employee, or contractor of an entity receiving Federal funds, under provisions relating to migrant and community health centers and health services for the homeless, and who is a licensed health care practitioner to be an employee of the Public Health Service; and (2) subrogate to the United States any medical malpractice claim of such employee. Requires such entities to take certain actions regarding malpractice. Directs the Secretary of Health and Human Services to: (1) develop and make available to the public each year a compendium of State initiatives to address the obstetric access crisis; and (2) provide funding for a study, and report to the Congress on, obstetrical malpractice claims payment by Medicaid and private insurance companies.

To authorize certain elements of the Yakima River Basin Water Enhancement Project, and for other purposes.

United States · United States Congress · 30 July 1991

Directs the Secretary of the Interior to establish and administer a Yakima River Basin Water Conservation Program for the purpose of evaluating and implementing measures to improve the availability of water supplies for irrigation and the protection and enhancement of fish and wildlife resources, including wetlands, while improving the quality of water in the Yakima River basin. Authorizes the Secretary to make grants to eligible entities for the purpose of carrying out this Act. Requires the Program to encourage and provide funding assistance for the following phases of water conservation: (1) development of water conservation plans, consistent with specified guidelines discussed below, by individuals and areawide entities; (2) investigation of the feasibility of specific potential water conservation measures identified in the plans; (3) implementation of measures that have been identified in the plans and investigated for feasibility; and (4) post-implementation monitoring and evaluation of implemented measures. Directs the Secretary to establish the Yakima River Basin Conservation Advisory Group to provide assistance with respect to the Program. Directs the Secretary to adopt guidelines to be used in the administration of the Program. Sets forth the contents of such guidelines. Details the manner in which costs of the four phases are to be shared among Federal, State, and local sources. Requires the coordination of on-farm water management improvements with programs administered by the Secretary of Agriculture and State conservation districts. Authorizes appropriations to carry out the Program. Provides for the implementation by the Yakima Indian Nation of: (1) an irrigation demonstration project on the Yakima Indian Reservation that shall provide for the construction of distribution and on-farm irrigation facilities to use water savings resulting from system improvements to the Wapato Irrigation Project; and (2) a Toppenish Creek corridor enhancement project to demonstrate integration of management of agricultural, fish, wildlife, and cultural resources to meet tribal objectives. Authorizes appropriations to the Secretary for initiation, operation, and maintenance of such projects and for implementation of system improvements to the Wapato Irrigation Project. States that the Program is intended to result in reductions in water diversions allowing for changes in the present operation of the Yakima Federal Reclamation Project to improve instream flows in the Yakima River basin. Details the instream flows the Secretary is required to provide through the Yakima Project Superintendent, allowing flow increases to facilitate anadromous fish migration which, to the extent possible, are obtained through voluntary sale and leasing of water or water rights. Provides for review and adjustment of the water supply in the Yakima River basin set aside for the instream flows to be provided by the Secretary in order to meet water entitlements. Dedicates water savings resulting from improvements to the Wapato Irrigation Project to fish, wildlife, and on-reservation irrigation. Requires water accruing in the additional storage capacity of Lake Cle Elum that is made available pursuant to the modifications discussed below to be: (1) administered in accordance with the laws of the State of Washington; and (2) considered part of the Yakima River basin's water supply. Authorizes releases from other Yakima Project storage facilities to utilize the water described above, except that water deliveries to holders of existing water rights shall not be impaired. Authorizes appropriations for Chandler Power Canal operations for the delivery of water to the Kennewick Division. Authorizes appropriations for: (1) modifying the radial gates at Cle Elum Dam to provide additional storage capacity in Lake Cle Elum; (2) providing for shoreline protection of the Lake; (3) constructing juvenile fish passage facilities at the Dam; (4) operation and maintenance responsibilities of the Federal Government for the Dam; and (5) environmental mitigation. Provides for the enhancement of water supplies for Yakima River Basin tributaries for fish and wildlife and irrigation purposes. Requires a study to determine the measures to be implemented to enhance water supplies for such purposes on Taneum Creek. Authorizes appropriations for such enhancement and for the Taneum Creek study. Makes implementation of this Act contingent upon compliance by the Secretary with the National Environmental Policy Act of 1969. Authorizes appropriations for environmental compliance activities.

Hispanic Access to Higher Education Act of 1991

United States · United States Congress · 30 July 1991

Hispanic Access to Higher Education Act of 1991 - Amends the Higher Education Act of 1965 (HEA) to establish an integrated early outreach program. Directs the Secretary of Education (the Secretary) to make grants and contracts to specified types of entities for providing various educational services to develop the academic skills and self-confidence of program participants necessary for success in higher education. Requires that: (1) at least two-thirds of program participants be low-income, racial or ethnic minorities underrepresented in higher education who are first-generation college students; and (2) the remaining one-third of such participants be either low-income individuals or first-generation college students. Requires participants to have completed three years of elementary education, and be between eight and 19 years of age (unless such limitations would defeat program purposes). Requires annual program reports to include data on student academic progress, appropriate income measures, gender, English proficiency, and the racial and ethnic background of program participants and service providers. Authorizes appropriations. Directs the Secretary to conduct a biennial survey, through the National Center for Educational Statistics, of factors associated with participation of low-income and minority students in various types of postsecondary education. Sets forth requirements for development of such survey and types of data to be included. Establishes a demonstration program of Stafford student loan forgiveness for any borrower employed as a full-time teacher: (1) in a school which qualifies under HEA for loan cancellation for Perkins student loan recipients who teach at such schools; and (2) of mathematics, science, foreign languages, special education, bilingual education, or any other field where the State educational agency determines there is a shortage of qualified teachers. Directs the Secretary to assume the obligation to repay the following percentages of Stafford loans incurred during the borrower's last two undergraduate years: (1) 15 percent for the first or second academic year in which the borrower is a full-time teacher; (2) 20 percent for the third or fourth such years of teaching; and (3) 30 percent for the fifth year. Sets forth a special rule authorizing such repayments with respect to Stafford loans for a maximum of two years in returning to an institution of higher education after graduation to obtain a teaching certificate. Authorizes the Secretary to make grants to State educational agencies (SEAs) to conduct Teacher Corps activities. Bases the amount of such grants on relative school-age population. Directs the Secretary to use funds for such program to: (1) disseminate information nationally about the availability of Teacher Corps scholarships to individuals leaving the armed services; and (2) conduct activities, with SEA cooperation, which foster communications and meetings, including training, of Teacher Corps members. Authorizes each SEA receiving such a grant to use such funds for: (1) grants to local educational agencies (LEAs) for induction and mentor programs; (2) in-service and mentoring program for Teacher Corps members at State and local levels; (3) technical assistance to LEAs for Teacher Corps and induction programs; (4) evaluation of Teacher Corps membership applications and awarding Teacher Corps scholarships; (5) Teacher Corps awards to individuals in training to become a school psychologist, school social worker, or a school counselor; (6) ensuring that members understand repayment obligations resulting from noncompliance with scholarship conditions; (7) assistance for employment placement of Teacher Corps members; and (8) collection of scholarship repayments. Requires SEAs to give priority in awarding grants to LEAs with the greatest proportion of disadvantaged students, including racial and ethnic minorities. Allows each SEA to choose to administer such program through a preexisting experienced panel. Authorizes LEAs receiving grants to use such funds for: (1) induction programs for new Teacher Corps members and other new teachers; and (2) ensuring that Teacher Corps members participate in an induction program for at least one year, including working with a mentor teacher designated by the LEA. Allows such induction programs to be developed in cooperation with institutions of higher education. Requires the SEA, in cooperation with the State higher education agency, to select Teacher Corps members. Requires the SEA-established criteria to include specified factors. Requires special consideration for individuals who intend to teach limited English-proficient students, preschool age children, or students with disabilities (or to provide related services to students with disabilities). Requires priority consideration for individuals from disadvantaged backgrounds, including racial and ethnic minorities and individuals with disabilities, who are underrepresented in the teaching profession or the curricular areas in which they are preparing to teach. Sets forth application requirements for Teacher Corps membership, SEAs, and LEAs. Provides for Teacher Corps scholarships. Limits individual eligibility to a maximum of three years of specified types of programs of study. Limits individual scholarship amount and duration. Requires that such scholarships be considered in determining eligibility for HEA student assistance. Requires that total assistance not exceed need. Provides for continued eligibility. Sets forth scholarship conditions, including agreement to work as a teacher, upon completion of education, for five years in a school which qualifies for Perkins student loan cancellation under HEA, or to repay all or part of the scholarship, plus interest, if scholarship conditions are not complied with. Requires SEAs receiving Teacher Corps assistance to: (1) publicize availability of and application procedures for Teacher Corps scholarships, particularly among specified types of students and individuals; and (2) recruit minority students to participate in the Teacher Corps program. Authorizes appropriations. Prohibits any such funds from being appropriated unless the amount appropriated to carry out the Paul Douglas Congressional Teacher Scholarships program under HEA equals or exceeds a specified amount. Amends HEA to establish the Teacher Opportunity Corps (TOC) program, to encourage institutions of higher education to offer educational programs and financial assistance to enable paraprofessionals working in shortage area schools serving disadvantaged students to become certified teachers. Directs the Secretary to allocate TOC program grant funds to States according to the same formula under which States receive funding for education of disadvantaged children. Requires TOC grant program agreements to include provisions for administration and recordkeeping by the State education or higher education agency. Authorizes the Secretary to make grants to States to support TOC programs at institutions of higher education. Sets forth State grant application requirements and general criteria for State grants, including: (1) involvement of institutions of higher education and shortage area schools or school districts; (2) full creditability to a baccalaureate program leading to teacher certification; (3) a program evaluation system; and (4) appropriate credit for paraprofessional classroom experience as practice or student teaching. Requires any paraprofessional who receives student financial assistance under the TOC program to agree to act as a paraprofessional in a shortage area school for at least one year for each year of such assistance, within ten years after completing the postsecondary education. Requires repayment of all or part of such assistance, plus interest and reasonable collection costs, if the recipient fails to comply with this service requirement, except in specified circumstances. Requires that such student financial assistance supplement, but not supplant, other Federal or State assistance for which the student would otherwise qualify. Requires TOC program grants to be for a term of at least five years, subject to availability of appropriations. Allows States to use TOC program funds for: (1) student financial assistance to paraprofessionals to pay part or all of the costs of attendance (including child care) in postsecondary education programs required for teacher certification; (2) supportive services for such paraprofessionals during participation in such programs; and (3) payment of wage costs of substitute paraprofessionals to afford employed paraprofessionals release-time to attend postsecondary classes required for teacher certification. Authorizes appropriations. Revises HEA with respect to Special Programs for Student from Disadvantaged Backgrounds to require the Secretary to consider the geographic location of first-time applicants for such funding to ensure that projects are evenly distributed geographically and are able to service the needs of large concentrations of disadvantaged students. Includes community-based organizations among the entities which may receive grants and contracts for such programs. Authorizes the Secretary to compile data on the students served by the projects assisted. Requires such data to include specified minimum components. Revises HEA special programs for students whose families are engaged in migrant and seasonal farmwork. Expands eligibility for the high school equivalency program and the college assistance migrant program to include certain persons who have participated in specified programs under the Elementary and Secondary Education Act of 1965 or the Job Training Partnership Act. Extends the grant period from three to five years. Extends the authorization of appropriations for the high school equivalency program and the college assistance migrant program. Authorizes the Secretary to carry out a National Mini-Corps Program to: (1) provide certain migrant college students with training to help them serve as student or teacher role models, links to the community, and tutors and teachers of migrant children; (2) designate college coordinators at participating institutions to train, supervise, and assign migrant students in cooperation with the operating State agency in which migrant children with special needs have been identified; (3) provide academic assistance, home visits, parental involvement, parent-student advisement services, and family advocacy; (4) provide that the instructional services for migrant children are to be coordinated with the overall educational goals of the operating State agency; and (5) provide that migrant students participating in such programs work from ten to 15 hours per week and receive stipends for such services. Authorizes appropriations.

For the relief of Ghassan Hasbani.

United States · United States Congress · 30 July 1991

Declares a named individual to have been lawfully admitted to the United States for permanent residence under the Immigration and Nationality Act.

Job Training Reform Amendments of 1992

United States · United States Congress · 25 July 1991

Job Training Reform Amendments - Declares it to be the policy of the United States to: (1) provide financial assistance to States and local service delivery areas (SDAs) to meet the training needs of low-income adults and youth and assist them in obtaining unsubsidized employment; (2) increase funds available for programs of training services for the disadvantaged by at least ten percent of the baseline each fiscal year to provide for growth in the number of eligible adults and youth served beyond the current five percent of the eligible population in need of these services; and (3) encourage provision of longer and more comprehensive education, training, and employment services to the eligible population, with increased funding to maintin current service levels. Amends the Job Training Partnership Act (JTPA) to authorize appropriations. Defines "basic skills deficient" as reading or computing skills at or below 8th grade level. Adds the Association of Farmworker Opportunity Programs, the Center for Employment Training, and organizations serving older workers to the list of community-based organizations. Strikes from such list the National Urban Indian Council. Revises the definition of "economically disadvantaged" to: (1) refer to income guidelines promulgated each year by the Secretary of Health and Human Services; and (2) include those determined eligible for, even if not receiving, food stamps. Revises the definition of "supportive services" to include drug and alcohol abuse counseling and referral and individual and family counseling. Includes representatives of local welfare agencies on private industry councils (PICs). Applies the requirement for a job training plan to training services for the disadvantaged only. Revises requirements for the contents of such plans to provide for linkages with appropriate agencies and for outreach to recruit locally determined target groups. Revises requirements for training services for the disadvantaged performance standards to: (1) promote delivery of services to the hard-to-serve; and (2) add measurement of increased basic education attainment and occupational skills (as well as the current measurement of increased employment and earnings and reduced welfare dependency). Provides for the following additional factors in performance standards for youth programs: (1) attainment of employability competencies; (2) eighth grade, secondary and postsecondary school completion or its equivalent; and (3) enrollment in other education, training, or employment programs or apprenticeships, or enlistment in the Armed Forces. Requires the private industry council to determine levels for competency standards based on such factors as entry skill levels and other hiring requirements. Sets forth additional elements of performance standards. Retains the requirement that the Secretary prescribe performance standards relating gross program expenditures to various performance measures, but states that such standards shall not be taken into consideration in the award of incentive grants. Provides that Governor's incentive grant awards shall be to service delivery areas (SDAs) conducting adult and youth programs which: (1) meet specified performance standards established by the Secretary and exceed performance standards for long-term placement of hard-to-serve populations; (2) place participants in employment providing wages at placement exceeding the appropriate performance criteria, as well as employer-assisted employment benefits (including health benefits); (3) meet specified performance standards established by the Governor; and (4) establish linkages with other programs to avoid duplication and enhance delivery of services. Retains the requirement for the Secretary to prescribe performance standards for dislocated workers employment and training assistance based on placement and retention in unsubsidized employment. Eliminates, however, the requirement that such standards make appropriate allowance for the difference in cost resulting from serving workers receiving certain needs-related payments. Changes from discretionary to mandatory the authority of State Governors to prescribe within certain parameters, variations in performance standards for training services for the disadvantaged and for dislocated workers employment and training assistance. Directs the Secretary to: (1) provide information and technical assistance on performance standards adjustments; (2) collect data that identify hard-to-serve individuals and long-term welfare dependency; (3) provide guidance on setting performance goals at the service provider level that encourages increased service to the hard-to-serve, particularly long-term welfare recipients; and (4) review performance standards to ensure that they provide maximum incentive in serving the hard-to-serve, particulary long-term welfare recipients, including those receiving benefits under the aid to families with dependent children (AFDC) and supplement security income (SSI) programs of the Social Security Act. Authorizes Governors to prescribe additional performance standards for these programs, which must be reported in the coordination and special services plan. Directs the Secretary to prescribe performance standards for: (1) employment and training programs for Native Americans and migrant and seasonal farm workers; (2) the Jobs Corps; and (3) the jobs for employable dependent individuals incentive bonus program. Directs the Secretary to prescribe a system for variations in JTPA performance standards for special populations to be served. (Current law requires prescription of such variations, but without system.) Authorizes the Secretary to modify JTPA performance standards not more often than once every two program years (except that Job Corps standards may be modified each program year). Prohibits such modifications from being retroactive. Directs the Secretary to establish uniform criteria for determining SDA failure to meet performance standards and for requiring certain remedial responses. Sets forth required responses to failures to meet such standards, including a process for correction. Requires each State Governor to report annually on the final performance of each SDA and on the Governor's plans to provide technical assistance to SDAs failing to meet the prescribed uniform criteria. Directs the Secretary, upon determination that the Governor has not provided appropriate technical assistance, to provide such assistance using specified funds withheld from the State administration set-aside. Requires the Governor, if an SDA continues to fail to meet performance standards for two program years, to: (1) notify the Secretary and the SDA of the continued failure; and (2) develop and impose a reorganization plan. Directs the Secretary, if the Governor has not initiated such requirements within 90 days after the end of the second program year of such failure, to develop and impose such reorganization plan, using the specified withheld funds. Allows the alternative administrative entity under such reorganization plan to be a newly formed private industry council or any agency jointly selected by the Governor and the chief elected official of the largest local government in the SDA or substate area. Allows SDA to appeal for revision of such reorganization plans. Defines "employment," for purposes of JTPA performance standards, as employment for more than 20 hours per week. Requires selection of service providers to be made on a competitive basis and to include: (1) a determination of such provider's ability to meet program design specifications that take into account JTPA's purpose and the needs established in the Governor's coordination and special services plan; and (2) documentation of compliance with procurement standards established by the Secreary, including the reasons for selection. Revises limitations on certain costs for specified programs, including general administrative costs, combined administration and support services costs, and training-related services costs. Prohibits duplication of supportive services which are available free to participants through other services. Provides for recapture and reallotment of unexpended funds for training services for the disadvantaged youth program. Revises requirements for the Governor's coordination and special services plans to include descriptions of State coordination measures and projected grant uses. Includes State agencies primarily responsible for administration of programs for older workers among those which may be represented on the State Job Coordinating Council. Revises provisions for State education coordination and grants. Repeals specified provisions for training programs for older workers. Requires identification of any State- or SDA-rule, regulation, policy, or performance standard relating to administration and operation of programs funded by JTPA. Requires State labor market information programs to include training and technical assistance to support comprehensive career guidance and participant outcome activities for local programs assisted under JTPA. Revises program requirements for service delivery systems. Exempts normal tuition charges for training or education from certain requirements for a breakdown of cost components. Exempts from specified cost limitations certain administrative expenses related to training incurred by community-based organizations. Requires placements made in unsubsidized employment to be in job areas related to the training provided to the participant. Allows an SDA which is a city or a country to serve residents of either the city or the country if the city is located within the county and is a separate SDA. Limits the duration of on-the-job training to a period not in excess of that generally required for acquisition of skills needed for that position, but never exceeding six months. Requires on-the-job contracts to: (1) specify types and duration of training and other services; and (2) if an intermediary brokering contractor is used for placements, specify certain additional services and factors. Revises provisions relating to disposal of assets and program income. Prohibits JTPA funds from being used for employment generating activities, economic development activities, revolving loan funds, capitalization of businesses, contract bidding resource centers, activities to induce or encourage relocations resulting in loss of employment at the previous existing location, and similar activities that do not result in the direct creation of jobs into which program participants are placed. Prohibits the use for foreign travel of funds for: (1) training services for the disadvantaged; or (2) employment and training assistance for dislocated workers. Extends specified minimum wage exemptions to certain SDAs. Revises certain Federal and fiscal administrative provisions. Allows the use of certain advance payment methods when contracting with nonprofit organizations of demonstrated effectiveness. Requires States to establish fiscal control and fund accounting procedures to ensure proper disbursal and accounting of Federal funds. Requires the Secretary to establish procurement standards for States, local areas, and SDAs to ensure that specified criteria are met. Requires State Governors to: (1) conduct annual on-site monitoring of each SDA and substate area to ensure compliance with such procurement standards; (2) impose corrective action to secure prompt compliance; (3) impose specified sanctions in the event of failure to take required corrective action; and (4) certify biennially the State's implementation, monitoring, and enforcement of such standards. Directs the Secretary, upon determination that the Governor has not fulfilled such requirements, to impose such corrective actions and sanctions. Requires the Governor, in cases of failure to take required corrective actions for substantial violations of JTPA provisions or regulations, to direct the Governor to: (1) issue a notice of intent to revoke approval of all or part of the plan affected; or (2) impose a reorganization plan, which may include specified changes. Provides for appeals of corrective actions and sanctions. Directs the Secretary to take such actions if the Governor fails to do so promptly. Directs the Secretary to: (1) review the implementation of these requirements and report with recommendations to the Congress on the effectiveness of such provisions; and (2) provide for an independent study of the amount and use of program income received by service providers, and submit such study with recommendations to the Congress. Revises reporting, recordkeeping, and requirements investigative requirements. Requires recipients to maintain and provide to the Secretary standardized records of a sufficient number of individual participants to provide an adequate sample size to allow for preparation of national estimates to meet specified requirements. Requires the Secretary, Inspector General, or Comptroller General to furnish States or SDAs which are going to be investigated with the monitoring guides to be used by reviewers. Requires States, administrative entities conducting the program, and recipients (other than sub-recipients) to monitor the performance of service providers in complying with the agreements under JTPA. Requires Governors to ensure that requirements are established for retention of records for specified periods. Revises requirements for information in reports. Directs the Secretary to ensure that all elements required for reports are defined and reported uniformly. Revises provisions for training services for the disadvantaged adults and youth. Revises adult program allotment provisions to establish State set-asides for education, performance incentives, and auditing and administration. Allows individuals, whether employed or unemployed, to be eligible for adult program services as long as they are adults (age 22 or older) who are economically disadvantaged. Requires that at least 60 percent of program participants in each SDA be individuals who, in addition to being economically disadvantaged adults, are in one or more of the following categories: (1) basic skills deficient; (2) school dropouts; (3) recipients of cash welfare payments; (4) offenders; (5) individuals with disabilities; or (6) homeless. (Retains the current provision that allows up to ten percent of program participants in an SDA not to be economically disadvantaged if they have encountered barriers to employment.) Requires SDAs to: (1) make special efforts and expenditures to serve older workers; (2) coordinate delivery of such services with those under the Older Americans Act; and (3) give priority to service providers with demonstrated effectiveness in providing such services. Establishes adult program design requirements, including: (1) assessment of participants' skill levels and service needs; (2) development of service strategies to identify employment goals, appropriate achievement objectives, and appropriate services; (3) review of participant progress; and (4) if appropriate, basic (including language) and occupational skills training and supportive services. Requires that job search, skills training, job club, and work experience be accompanied by other services designed to increase a participant's basic education or occupational skills. Allows an exception from such combination requirement only if: (1) the participant's assessment and service strategy indicate that the additional services are not appropriate; and (2) the activities are not available to the participant through the Employment Service or other public agencies. Allows continued provision of counseling and supportive services to a participant for up to one year after termination from the program. Revises authorized services for which adult program funds may be used. Eliminates employment-generating activities from the list of such authorized services. Divides the lists of such services into direct training and training-related and supportive services. Requires SDAs to link with: (1) other specified Federal programs; and (2) State, local, and private programs, as appropriate. Allows an SDA to transfer up to ten percent of adult program funds to the youth program under certain conditions. Revises provisions for summer youth employment training programs to limit administrative costs to 15 percent. Requires SDAs to: (1) expend funds for basic and remedial education as described in the State job training plan; (2) assess participant skill levels and service needs and develop service strategy for participants; and (3) provide follow-up services for participants for whom a service strategy has been developed. Allows individual concurrent enrollment in such program and in disadvantaged youth programs. Sets forth provisions for the disadvantaged youth program. Revises allotment formulas to establish set-aside for State education coordination and grants. Revises eligibility requirements for in-school youth and out-of-school youth. Requires that at least 60 percent of the funds for in-school youth and for out-of-school youth, respectively, be used for participation of specified targeted groups. Establishes year-round program design requirements, including: (1) assessment of participants' skill levels and service needs; (2) development of service strategies to identify achievement objectives, appropriate employment goals, and appropriate services; (3) review of participant progress; and (4) if appropriate, basic skills training, occupational skills training, pre-employment and work maturity skills training, work experience combined with skills training, and supportive services. Requires that work experience, job search, job search skills training, and job club activities be accompanied by additional services which: (1) are designed to increase a participant's basic education or occupational skills; and (2) may be provided sequentially or concurrentllly, under other education and training programs. Allows continued provision of counseling and supportive services to a participant for up to one year after termination from the program. Requires SDAs to establish linkages with the appropriate educational agencies responsible for service to participants. Provides that authorized youth services may include, but need not be limited to, the services described under the headings of direct training, training related services, and participant support services under part A adult program provisions. Provides that additional authorized youth services may include specified features. Requires SDAs to link the youth program with: (1) other specified Federal education and training programs; and (2) as appropriate, State, local, and private programs. Allows an SDA to transfer up to ten percent of youth program funds to the adult program under certain conditions. Provides, with respect to employment and training assistance for dislocated workers, that an eligible dislocated worker participating in training (except on-the-job training) shall be deemed to be in training with the approval of the State agency for purposes of unemployment compensation. Extends the authorization for specified demonstration programs. Revises employment and training programs for Native American and migrant and seasonal farmworkers. Directs the Secretary to: (1) designate a single organizational unit to have as its primary responsibility the administration of all Native American programs authorized under JTPA; and (2) promote recruitment and promotion of Indians, Native Alaskans, and Native Hawaiians to positions in such unit. Authorizes the Secretary to waive, under the migrant and seasonal farmworker programs, the requirement of biennial competition for grants for those grantees that: (1) have performed satisfactorily on their existing grant; and (2) submit a satisfactory two-year plan for the succeeding period. Requires JTPA grants for Native American programs and for migrant and seasonal farmworker programs to be consistent with specified standard competitive procurement procedures and auditing procedures. Amends provisions for the Job Corps. Revises the age limits for participation in the Job Corps to allow not more than 20 percent of the enrollees to be from age 22 through 24. Declares that JTPA allows participants to participate concurrently or sequentially in both the Job Corps and training services for the disadvantaged. Increases from ten to 20 percent the allowable number of nonresidential participants enrolled in the Job Corps in any year. Requires that, in enrolling nonresident participants, priority be given to those eligible individuals who are single parents with dependent children. Prohibits use of Department of Labor funds to contract with a nongovernmental agency to administer or manage a Civilian Conservation Center of the Job Corps on public land. Directs the Secretary, as practicable, to provide child care at or near Job Corps centers for individuals who require such care for their children in order to participate in the Job Corps. Requires each Job Corps center to provide alcohol and drug abuse counseling and referral to participate who need such services. Directs the Secretary to provide all nonprofit Job Corps contractors with an equitable and negotiated management fee of not less than one percent of the contract amount. Revises provisions for national activities, including research, demonstration, training and technical assistance. Directs the Secretary to provide guidance and technical assistance to State and SDAs relating to documentation of participants' eligibility for training services for the disadvantaged. Directs the Secretary to: (1) lead the Departments of Labor of Education, of Health and Human Services, and other appropriate departments in identifying a core set of consistently defined data elements for employment and training programs; and (2) report to the Congress on recommended data elements and definitions. Revises provisions for labor market information. Directs the Bureau of Labor Statistics, in cooperation with the States, to engage in research and demonstration on organizing and making accessible nationwide information on quarterly earnings, establishment and industry affiliation, and geographic location of employment, for feasibility determination and/or policy research and program evaluation purposes, while ensuring confidentiality and privacy. Directs the Secretary to report to the Congress within 12 months on the costs and benefits of such a database under the cooperative labor information program. Includes the Secretary of Health and Human Services among those with whom the Secretary is to cooperate in reviewing and coordinating labor market information systems. Directs the Secretary, through the National Occupational Information Coordinating Committee (NOICC), to report biennially to the Congress on development and maintenance of a common core of labor market information. Increases the authorization of funding for NOICC. Directs NOICC to: (1) give special attention to career development; and (2) conduct research and demonstrations to improve coordination and compatibility of Federal or State human resources data systems, including economic development assistance systems, and to provide support to States in implementing system enhancements. Establishes a new Youth Opportunities Unlimited Program. Authorizes the Secretary to establish such national program of Youth Opportunities Unlimited (YOU) grants to pay 50 percent of the cost of comprehensive education, training, and employment services for youth in high poverty areas in urban and rural areas. Requires such grants to be awarded to the local service delivery area (on behalf of the participating community) in which the target area is located (or to designated grantees if the target area is in a farmworker community, Indian reservation, or Alaskan native village). Authorizes the Secretary to select as grant recipients up to 25 communities in the first year after the program is in effect. Requires that at least one, but not more than three, of such grants be awarded to: (1) designated representatives of Indian reservations and Alaskan native villages; and (2) designated representatives of farmworkers. Makes such grants cover a three-year period, with each year conditional upon compliance. Authorizes participating communities to apply for grants for use on behalf of target areas. Requires that a designated area have not more than 25,000 population, except in the case of single school districts. Makes all youth aged 14 through 21 in the target area eligible to participate in assisted programs and activities. Requires each participating community to develop an integrated service delivery system in each target area which meets specified minimum criteria for services. Requires such programs to also have an education component, outreach and recruitment efforts, youth program models, and measurable goals and outcomes. Sets forth requirements for maintenance of State and local funding levels, limitations on use of program funds, applications, and Federal and local shares. Directs the Secretary to provide for technical assistance, independent evaluations, and a report. Reserves funds for such program. Establishes a new microenterprise grants program. Directs the Secretary, to make grants in limited amounts to not more than ten States per year to implement and enhance community-based microenterprise activities. Requires that such activities produce substantial benefits for persons whose annual income does not exceed the poverty line. Authorizes use of such grants for staff entry level training, technical assistance, and support programs and counseling. Sets forth application and selection requirements. Requires State matching funds and annual reports. Defines microenterprise as a commercial enterprise: (1) with five or fewer employees, one or more of whom owns the enterprise; and (2) none of the owners of which has income exceeding the poverty line.

O and P Nonimmigrant Amendments of 1991

United States · United States Congress · 25 July 1991

Amends the Immigration and Nationality Act with respect to the admission of "O" and "P" nonimmigrants (aliens of extraordinary ability, entertainers, and athletes). Establishes within the Immigration and Naturalization Service an employment qualifications evaluation officer corps to act on "O" and "P" visa petitions. Repeals the numerical limitation on "P" nonimmigrants. Treats fashion modeling as a specialty occupation for nonimmigrant admissions purposes.

Miscellaneous and Technical Immigration and Naturalization Amendments of 1991

United States · United States Congress · 25 July 1991

Judicial Naturalization Amendments of 1991 - Amends the Immigration and Nationality Act to confer naturalization authority upon the Attorney General and eligible naturalization courts under specified conditions. (Current law provides the Attorney General with sole naturalization authority.)

Fruit and Vegetable Producers Emergency Assistance Act of 1991

United States · United States Congress · 24 July 1991

Fruit and Vegetable Producers Emergency Assistance Act of 1991 - Title I: Emergency Crop Loss Assistance - Subtitle A: Fruits and Vegetables - Provides disaster payments for and prevented planting credit for fruit and vegetable producers who suffered 1991 crop reductions due to 1990 or 1991 adverse weather conditions. Bases payment rates on crop loss percentages. Makes payments on a crop-by-crop basis. Prohibits 1991 payments unless a producer agrees to obtain 1992 and 1993 crop insurance, with specified exceptions. Authorizes 1991 crop quality reduction payments for producers incurring specified crop production deficiencies. Limits the Federal share of such assistance to 50 percent. Reduces disaster payments for producers receiving Federal crop insurance payments. Sets forth provisions regarding: (1) program fund transfers; (2) de minimis yields; and (3) producer eligibility. Prohibits double payments on replanted acreage. Subtitle B: Administrative Provisions - Sets forth provisions regarding: (1) timing and manner of assistance; (2) use of the Commodity Credit Corporation; (3) duplicative payments; and (4) authorization of emergency designation of outlays. Title II: Other Emergency Provisions - Provides disaster assistance loan guarantees (through the Rural Development Insurance Fund) for rural businesses adversely affected by 1990 or 1991 weather conditions. Limits: (1) individual guarantees to $500,000; and (2) aggregate program guarantees to $300,000,000. Amends the Food, Agriculture, Conservation, and Trade Act of 1990 to authorize disaster assistance for rehabilitation or restoration of damaged trees. Increases assistance limits. Amends the emergency grants for low-income migrant and seasonal worker program to: (1) increase assistance limits; (2) include packing house workers; and (3) provide housing cost assistance.

Older Americans Act Amendments of 1992

United States · United States Congress · 23 July 1991

Older Americans Act Amendments of 1991 - Title I: Amendments to the Older Americans Act of 1965 - Amends the Older Americans Act (the Act) of 1965 to state that the Administration on Aging (Administration) shall be under the direct authority and supervision of the Secretary of Health and Human Services and that the Commissioner on Aging shall report directly to the Secretary on all matters relating to the Act, including policy, budget, and administration of programs. Expands the functions of the Associate Commissioner on American Indian, Alaska Native, and Native Hawaiian Aging to include serving as the advocate in the States for older Indians, Native Hawaiians, and Alaska Natives. Modifies the duties and functions of the Administration to include: (1) establishing the National Ombudsman Resource Center to provide training and information to State Long-Term Ombudsmen and the National Center on Elder Abuse to assist State Long-Term Ombudsmen in the prevention of elder abuse; (2) providing for the establishment of the National Commission on Board and Care Facility Quality to assist State and local entities in the implementation of State and local board and care facility quality standards; (3) issuing regulations with regard to conflicts of interest; and (4) designing and implementing uniform data collection procedures for use by State agencies in providing to the Administration information on programs and activities funded under the Act. Requires coordination between the Commissioner and Federal agencies proposing or administering related programs or services. Revises provisions relating to the Federal Council on the Aging to, among other changes: (1) require the Council to serve as a direct advisor to the Commissioner on matters affecting the special needs of older individuals for services and assistance under the Act; and (2) reauthorize and extend the Council through FY 1995. Authorizes the Commissioner to designate a Federal office in the Administration, directed by an officer or employee with nutritional science and planning expertise, to coordinate and assist the: (1) delivery of nutrition services under the Act; (2) implementation of Federal dietary, nutritional, and health services standards for nutritional planning; and (3) establishment of guidelines for monitoring compliance of such nutritional services with the Act's requirements. Authorizes the Commissioner to establish a policy, and be responsible for advocating, guiding, coordinating, and assisting under the Act Federal and State efforts to create opportunities for older individuals to participate in multigenerational activities. Requires the evaluation of programs for their effectiveness in targeting for services low-income minority older individuals. Requires a Commissioner evaluation of nutrition services provided during FY 1992 through 1993. Requires the Secretary to: (1) submit to the President, the Speaker of the House, and the President pro tempore of the Senate recommendations to improve nutrition service programs provided under the Act; and (2) require the Commissioner to implement such recommendations. Changes funding provisions under provisions regarding the evaluation of such programs. Establishes in the Administration the Office of Federal Long-Term Care Ombudsman to be headed by the Federal Long-Term Care Ombudsman who shall: (1) advocate, monitor, and coordinate Federal and State activities of long-term care ombudsmen under the Act; (2) administer the National Ombudsman Resource Center; (3) report annually to the Congress on the effectiveness of services under State long-term care ombudsman programs; and (4) have authority to investigate the violation of any Federal law administered by the Department of Health and Human Services (HHS) that may adversely affect older individuals. Authorizes appropriations for salaries and expenses of the Administration through FY 1995. Reauthorizes and extends title III (Grants for State and Community Programs on Aging) programs through FY 1995. Increases the minimum State allotment for outreach services for the Supplemental Security Income and Medicaid programs (titles XVI and XIX, respectively, of the Social Security Act) and the Food Stamp program. Changes the requirements with respect to a State agency's development of a formula for the distribution of title III grant funds to require the formula to take into account the State's low-income minority elderly. Requires the Commissioner to consider the effectiveness of State and local efforts to target older individuals with the greatest economic need (including low-income minority individuals) and older individuals with the greatest social need (including minority individuals) to receive services under the Act in preparing his report on evaluations to be included in the annual report to the Congress on Administration activities. Makes miscellaneous and technical amendments to area and State plan provisions, including conforming changes to reflect the above-mentioned conflict of interest prohibitions to maintain integrity in all contractual and commercial relationships under the Act. Sets new limits on the amount of funds a State may elect to transfer between the programs under part B (Supportive Services) and part C (Nutrition Services) under title III of the Act for FY 1992 through 1994. Caps at 30 percent the maximum amount of funds a State may elect to transfer between subpart I (Congregate Nutrition Services) and subpart II (Home Delivered Nutrition Services) of part C. Ties the funding for disaster relief reimbursements to the total appropriation for title IV of the Act. Authorizes appropriations for FY 1992 through 1995 for food donated to nutrition serices programs for older individuals. Prohibits the cents per meal level under the program for donating surplus commodities to older individuals from being reduced below 65.66 cents per meal during FY 1992 through 1995. Provides for an annual adjustment for inflation in the elderly meals reimbursement rate for surplus commodities. Requires the supportive services designed to encourage and assist older individuals to use the facilities and services available to them to include language translation services to assist older individuals with limited-English speaking ability to obtain services under the title III State grant program. Includes as supportive services under such program: (1) counseling relating to pension rights and benefits; and (2) information concerning prevention, diagnosis, and treatment of age-related diseases. Changes the name of the program under part F of title III of the Act from the Preventive Health Services program to the Disease Prevention and Health Promotion Services program and outlines specific program services, including informational services relating to Alzheimers disease, to be provided at senior centers and other appropriate sites and programs that provide nutrition services under part C. Adds a new part H under title III of the Act entitled "Supportive Activities for Caregivers Who Provide In-Home Services to Frail Older Individuals." Outlines the supportive activities which may be included under such part, including the provision of information to frail older individuals and their families regarding how to obtain in-home and respite services. Amends title IV (Training, Research, and Discretionary Projects and Programs) of the Act to revise the authorities for education and training, and for R & D, demonstration projects, and other activities. Authorizes grants to minority educational institutions to provide education and training to prepare students for careers in the field of aging. Authorizes demonstration projects for: (1) information and counseling related to pension benefits; (2) foreclosure and eviction assistance and relief services; (3) multigenerational activities; and (4) enhancing private resources in order to provide additional services under the title III State grant program. Authorizes appropriations for FY 1992 through 1995 to carry out title IV of the Act. Requires the Commissioner to submit annually to the Speaker of the House and the President pro tem of the Senate a report that describes each completed project funded under title IV. Requires the Commissioner to: (1) establish by regulation and implement a process to evaluate the results of projects and programs carried out under title IV; and (2) make available to the public each such evaluation and to use it to improve services delivered, or the operation of programs and projects carried out, under the Act. Amends the Older American Community Service Employment Act to make the Older American Community Service Employment Program (the program) applicable to unemployed low-income persons who have poor employment prospects and are fifty-five years of age or older. Revises provisions outlining the authority of the Secretary of Labor with respect to the execution of agreements for furthering the goals and purposes of the program and payment of projects costs to: (1) condition payment of project costs upon the Secretary's determination that the project will prepare an assessment of the participant's skills and talents, need for supportive services, and physical capabilities, except under prescribed conditions; and (2) require (currently, authorize) the Secretary to increase the amount available for paying project administration costs whenever the Secretary determines that it is necessary to carry out the project. Requires the coordination of second career training and job placement experimental projects with training programs for older individuals under the Job Training Partnership Act. Requires the Secretary to coordinate the administration of the program with the Commissioner's administration of the title III, IV, and X programs under the Older Americans Act of 1965 to facilitate access to services under such titles by individuals eligible for employment opportunities under the program. Requires the Secretary to promote and coordinate carrying out projects under the program jointly with programs, projects, or activities under other Acts that provide training and employment opportunities to eligible individuals. Requires additional considerations, including the relative distribution of eligible minority individuals, in making an equitable distribution of assistance for community service employment programs for older Americans among areas within each State. Authorizes appropriations for FY 1992 through 1995 for community service employment for older Americans. Permits certain legalized aliens to receive assistance under the Older Americans Community Service Act of 1965 without such assistance being considered prohibited public assistance under the Immigration and Nationality Act. Provides for dual eligibility with respect to community service employment projects carried out jointly with programs under the Job Training Partnership Act. Amends the Older Americans Act of 1965 to place restrictions on grants to eligible tribal organizations to pay all of the costs for delivery of supportive and nutrition services for older Indians. Requires applications for such grants to contain assurances that the tribal organization will coordinate such services with services provided under the title III State grant program in the same geographic area. Requires similar assurances with respect to applications by organizations for grants under the Native Hawaiian program. Authorizes increased appropriations to carry out the Indian and Native Hawaiian programs under title X (Grants for Native Americans) through FY 1995 of which: (1) 90 percent shall be available to carry out the Indian program; and (2) ten percent shall be available to carry out the Native Hawaiian program. Title II: 1993 National Conference on Aging - Amends the Older Americans Act Amendments of 1987 to direct the President to convene a 1993 National Conference on Aging. Revises Conference administrative provisions, including those regarding conference and related administrative committees. Replaces references in Conference reporting provisions to the Secretary of HHS with references to the new Governing Committee created under the above mentioned administrative provisions to direct the Conference to, among other changes, make the Committee responsible for formulating and approving the Conference's final report. Authorizes appropriations for FY 1992 and 1993 to carry out the Conference. Title III: Amendments to the Native American Programs Act of 1974 - Native American Programs Act Amendments of 1991 - Amends the Native American Programs Act (the Act) of 1974 to establish in HHS' Office of the Administration for Children and Families an Administration for Native Americans as the agency responsible for carrying out Native American programs under the Act. Directs the Secretary to establish an intra-agency task force to review and comment on all policies and practices of agencies in HHS relating to programs affecting Indians, Alaskan Natives, and Native Hawaiians. Extends a demonstration project involving the establishment of a revolving loan fund to promote the economic development of Native Hawaiians. Authorizes appropraitions for FY 1992 for carrying out such project. Repeals provisions regarding the deposit of unneeded monies as miscellaneous receipts in the Treasury. Revises congressional reporting requirements applicable to such project to require annual reports on administration of the project along with specified information concerning loans from the fund. Mandates (currently, authorizes) the provision of technical assistance and training for Native American projects receiving financial assistance under the Act. Requires such projects to be evaluated not less frequently than at three-year intervals. Authorizes appropriations for FY 1992 through 1995 to carry out the provisions of the Act (other than provisions concerning grants to improve tribal regulation of environmental quality). Title IV: General Provisions - States that any authority to enter into contracts under any amendment made by this Act shall be effective only to the extent or in such amounts as are provided in advance in appropriations Acts. Sets forth the effective dates of this Act and its amendments.

William Ho-Gonzalez, of Virginia, to be Special Counsel for Immigration-Related Unfair Employment Practices for a term of four years, vice Lawrence J. Siskind, resigned.

United States · United States Senate · 22 July 1991

Comprehensive Border Control Act of 1991

United States · United States Congress · 22 July 1991

Comprehensive Border Control Act of 1991 - Directs the Commissioner of the Immigration and Naturalization Service to make specified improvements in border enforcement and security (such as border barriers and lights and sensors). Authorizes appropriations to increase border patrol personnel to specified levels. Provides for a specified assignment of personnel to the San Diego sector by the end of FY 1993. Directs the Secretary of Health and Human Services (Secretary) to develop social security cards resistant to tampering or counterfeiting. Amends the Immigration and Nationality Act, effective on October 1, 1993, to reduce the number of required work documents. Directs the Attorney General to make a study of birth certificate improvements. Directs the Attorney General and the Secretary to conduct demonstration projects to determine the feasibility of using a telephone system to verify alien employment eligibility. Directs the Administrator of General Services to: (1) develop a plan to establish or improve ports of entry, including an additional port of entry at San Diego, California; and (2) study the use of nongovernmental entities in border facility construction and management. Directs the Secretary to study and develop a test program to allow expanded use of State legalization assistance grants (SLAG) by alien-impacted communities. Directs the Comptroller General to study health care costs for undocumented aliens.

Immigration Service Volunteer Assistance Act

United States · United States Congress · 16 July 1991

Immigration Service Volunteer Assistance Act - Amends the Immigration and Nationality Act to authorize the Immigration and Naturalization Service to accept volunteer services. Authorizes appropriations.

Terrorist Alien Removal Act

United States · United States Congress · 15 July 1991

Terrorist Alien Removal Act of 1991 - Amends the Immigration and Nationality to establish removal procedures for alien terrorists, including a special removal hearing open to the public. Sets forth provisions with respect to: (1) the introduction of evidence; (2) the burden of proof; and (3) appeals. Directs the Chief Justice of the United States to designate five district court judges from five of the U.S. judicial circuits, to serve five-year terms, who shall constitute a court with jurisdiction to conduct all matters and proceedings authorized under this title. Sets forth provisions with respect to the retention of an alien in custody (including affording a reasonable opportunity for such alien to communicate with and receive visits from family members, to communicate with an attorney, and to contact an appropriate diplomatic or consular official of the alien's country), the deportation of such alien to the alien's or a third country, and the transfer of such alien to the custody of State authorities, as appropriate. Grants exclusive jurisdiction to the U.S. Court of Appeals for the Federal Circuit to review excludability orders. Provides for a ten-year prison sentence, to run concurrently with any other sentence, and a fine, for entering (or attempting to enter) the United States subsequent to exclusion or removal.

Job Training Partnership Act Amendments of 1991

United States · United States Congress · 27 June 1991

Job Training Partnership Act Amendments of 1991 - Title I: Amendments to the Job Training Partnership Act - Amends the Job Training Partnership Act (the Act) to authorize appropriations for: (1) Training Services for the Disadvantaged, Adult Opportunity Program; (2) the Youth Opportunity Program; (3) Employment and Training Assistance for Dislocated Workers (other than provisions for clean air employment transition assistance); (4) Federally Administered Programs (Employment and Training Programs for Native Americans and Migrant and Seasonal Farmworkers; Veterans' Employment Programs; National Activities; Labor Market Information; National Commission for Employment Policy; Training to Fulfill Affirmative Action Obligations); and (5) Job Corps. Authorizes appropriations for the new Youth Opportunities Unlimited Program. Defines "basic skills deficient" as reading or computing skills at or below 8th grade level. Adds organizations serving older workers to the list of community-based organizations. Strikes from such list the National Urban Indian Council. Revises the definition of "economically disadvantaged" to refer to income guidelines promulgated each year by the Secretary of Health and Human Services. Revises the definition of "supportive services" to include drug and alcohol abuse counseling and referral and individual and family counseling. Includes representatives of local welfare agencies on private industry councils (PICs). Revises requirements for service delivery area (SDA) job training plans. Revises requirements for performance standards to add measurement of increased basic education attainment and occupational skills (as well as the current measurement of increased employment and earnings and reduced welfare dependency). Provides for the following additional factors in performance standards for youth programs: (1) attainment of employment competencies; (2) secondary and postsecondary school completion or its equivalent; and (3) enrollment in other training programs or apprenticeships, or enlistment in the armed forces. Authorizes the Secretary of Labor (the Secretary) to prescribe variations on such standards for youth programs to reflect the differences between in-school and out-of-school programs. Requires PICs to determine levels for competency standards, based on factors such as entry skill levels and other hiring requirements. Directs Governors to award incentive funds to SDAs for achieving performance standard levels. Changes from discretionary to mandatory the authority of State Governors to prescribe variations in performance standards within certain parameters. Requires selection of service providers on a competitive basis to the maximum extent possible. Requires such selection process to include: (1) determination of the service provider's ability to meet program design specifications; and (2) documentation of compliance with procurement standards. Requires, with specified exceptions, that all expenditures under the Act be charged to appropriate cost categories. Establishes new cost categories and cost limitations for the Adult Opportunity and Youth Opportunity Programs. Requires the Governor's coordination and special services plan to include descriptions of State coordination measures and projected grant uses. Renames the State job training coordinating council the State human resource investment council. Revises specified provisions for State education coordination and grants. Repeals specified provisions for training programs for older workers. Revises program requirements for service delivery systems. Exempts normal tuition charges for training or education from certain requirements for a breakdown of cost components. Limits the duration of on-the-job training to a period not in excess of that generally required for acquisition of skills needed for that position, but never exceeding six months. Requires on-the-job contracts to: (1) specify types and duration of training and other services; and (2) if an intermediary brokering contractor is used for placements, specify certain additional services and factors. Allows a public or private nonprofit entity to retain any income earned under any program under the Act if it is used to carry out the program, even though financial assistance has expired. Requires States to establish fiscal control and fund accounting procedures to ensure proper disbursal and accounting of Federal funds. Requires the Governor to establish procurement standards for States, local areas, and SDA's to ensure that specified criteria are met. Revises reporting and recordkeeping requirements. Requires recipients to maintain and provide to the Secretary standardized records of a sufficient number of individual participants to provide an adequate sample size to allow for preparation of national estimates to meet specified requirements. Requires States, administrative entities conducting the program, and recipients (other than sub-recipients) to monitor the performance of service providers. Requires Governors to ensure that requirements are established for retention of records for specified periods. Revises training services for disadvantaged adults and renames them the Adult Opportunity Program. Sets forth new eligibility requirements and a new formula for the allotment of funds to the disadvantaged adult program. Requires that the following features be included in all individual adult programs: (1) assessment of skill levels and service needs; (2) service strategy; (3) progress review; and (4) where appropriate, basic and occupational skills training. Requires SDAs to link with: (1) other specified Federal programs; and (2) State, local, and private programs, as appropriate. Allows an SDA to transfer up to ten percent of adult program funds to the youth program under certain conditions. Revises training services for disadvantaged youth and renames them the Youth Opportunity Program. Sets forth new eligibility requirements and a new formula for the allotment of funds to the disadvantaged youth program. Requires that the following features be included in all individual youth programs: (1) assessment of skill levels and service needs; (2) service strategy; (3) progress review; and (4) where appropriate, training in basic, occupational, pre-employment, and work maturity skills, work experience combined with skills training, and supportive services. Requires SDAs to link the youth program with: (1) other specified Federal programs; and (2) as appropriate, State, local, and private programs. Allows an SDA to transfer up to ten percent of youth program funds to the adult program under certain conditions. Provides, with respect to employment and training assistance for dislocated workers, that an eligible dislocated worker participating in training (except on-the-job training) shall be deemed to be in training with the approval of the State agency for purposes of unemployment compensation. Increases from ten to 20 percent of total enrollment the allowable number of nonresidential participants enrolled in the Job Corps in any year. Requires that, in enrolling nonresident participants, priority be given to those eligible individuals who are single parents with dependent children. Establishes a new Youth Opportunities Unlimited Program. Authorizes the Secretary to establish such national program of Youth Opportunities Unlimited (YOU) grants to pay 50 percent of of the cost of comprehensive education, training, and supportive services for youth in high poverty areas in urban and rural areas. Requires such grants to be awarded to the local service delivery area (on behalf of the participating community) in which the target area is located (or to designated grantees if the target area is in a migrant worker community, Indian reservation, or Alaskan native village). Authorizes the Secretary to select as grant recipients up to 25 communities in the first year after the program is in effect. Makes such grants cover a three-year period, with each year conditional upon compliance. Authorizes participating communities to apply for grants for use on behalf of target areas. Requires that a designated target area have not more than 25,000 population. Requires that program funds be used for services to youth ages 14 through 21. Provides for payments, Federal share, reporting, and Federal responsibilities. Title II: State Human Resource Investment Council - Requires each State which receives assistance under an applicable program to establish a single State human resource investment council to review and advise on coordination of applicable programs under: (1) the Adult Education Act; (2) the Carl D. Perkins Vocational and Applied Technology Education Act; (3) the Job Training Partnership Act; (4) the Rehabilitation Act of 1973; (5) the Wagner-Peyser Act; (6) the JOBS program of the Social Security Act; and (7) specified provisions of the Food Stamp Act of 1977.

Rural Schools of America (RSA) Act of 1991

United States · United States Congress · 27 June 1991

Rural Schools of America (RSA) Act of 1991 - Title I: Rural School Improvement - Authorizes appropriations for this title. Directs the Secretary of Education (the Secretary) to reserve five percent of specified funds for competitive grant awards to exemplary school programs. Directs the Secretary to allot, from remaining amounts, to each eligible local educational agency (LEA) with an approved application an amount based on that LEA's relative allocation under certain provisions of the Elementary and Secondary Education Act of 1965 for education of disadvantaged children (ESEA title I chapter 1). Provides for annual payments to eligible LEAs with approved applications if they comply with certain data collection requirements to monitor progress toward meeting national education goals, and demonstrate such progress. Requires each such LEA to reserve up to five percent of its allotment to make as many grants as practicable, for authorized activities, to community-based organizations or nonprofit partnerships between the LEA and an area-wide collaborative of private sector businesses. Sets limits on the time and the amount of funds to be used for planning purposes. Requires LEAs to use funds under this title to meet national education goals through programs designed to: (1) increase the academic achievement of rural school children to at least the national average; (2) prepare all rural children for school; (3) increase the graduation rates of rural students to at least the national average; (4) prepare rural school graduates to enter higher education, pursue careers, and exercise their responsibilities as citizens; (5) recruit and retain qualified teachers; and (6) decrease the use of drugs and alcohol by rural students, and enhance their physical and emotional health. Sets forth program accountability requirements: (1) in general, for initial grants, renewal grants, and renewal of school participation; (2) for achievement, including demonstration of improvement; and (3) for data collection certification and to monitor progress in achieving national education goals. Authorizes the Secretary to make, from reserved funds, competitive incentive awards to individual schools participating in projects assisted under this title that demonstrate exemplary progress in meeting specified program requirements. Directs the Secretary, by January 1, 1993, to report on the impact of Federal regulations, guidelines, and policies on rural public schools. Requires LEAs desiring to receive an allotment under this Act to establish a local advisory group to: (1) advise on design and conduct of a needs assessment for participating schools; (2) assist in planning for community-wide collaboration in service delivery for youths in participating schools; (3) advise the LEA and the community on how they can work together to use multiple service providers; and (4) advise and assist program implementation and review program evaluation; (5) review and approve community-based organizations' applications; (6) advise on strategies for increasing parental involvement and the number of school volunteers and role models; and (7) review community-based programs' progress or national education goals. Allows use of a comparable existing local advisory group to comply with such requirement. Sets forth special rules relating to ranking of schools to determine relative need, in general, on the basis of achievement, poverty, and racial isolation. Requires each LEA receiving a grant to serve between ten and 20 percent of its schools. Requires eligible LEAs to have flexibility to serve homeless children, desegregating students, immigrants, migrants, or other highly mobile populations, within the program assisted under this title. Deems any approved program for any school served under certain ESEA title I chapter 1 provisions to be sufficient to meet the application and program accountability requirements of this title. Title II: School Building Repair and Renovation - Authorizes appropriations to assist eligible LEAs in repairing and renovating instructional facilities in rural schools. Directs the Secretary to make allotments to State educational agencies based on relative allocations to LEAs under ESEA title I chapter 1. Directs each SEA after after being allowed to reserve one percent of such funds for administrative expenses, to allot the remainder to eligible LEAs, which shall use half of such allotment for programs for school building repair and renovation, and half for programs for school environmental concerns and safety improvements. (Authorizes the SEA to waive such 50 percent division in certain cases.) Directs the SEA to allocate such funds on the basis of the number of: (1) children from families below the poverty line; (2) school buildings used for instructional purposes; and (3) school buildings more than 25 years old used for instructional purposes. Limits the period covered by a grant application to three years, and requires annual review. Lists types of programs eligible LEAs must conduct with their allotments for: (1) repair and renovation of school buildings; and (2) improvements related to environmental concerns and safety. Title III: Evaluation of Results - Subtitle A: Assistant Secretary - Amends the Department of Education Organization Act to establish an Assistant Secretary for Rural Education in the Department of Education. Subtitle B: Rural School Research and Evaluation - Authorizes appropriations to carry out this subtitle. Directs the Secretary to establish for each region a National Rural Regional Education Research Center (Center), to be operated by the appropriate regional educational laboratory. Requires each Center to: (1) conduct independent research in rural education and distance learning technologies; (2) evaluate progress toward the national education goals of rural schools receivng funds under title I of this Act; (3) be rural education clearinghouses for research findings, policies, and practices; (4) develop measurements of rural schools' progress; (5) disseminate evaluation and research results to other centers and rural school districts and parents; (6) arrange collaboration and consortia among rural schools in the region for joint research and evaluation; (7) replicate successful models and program approaches; (8) provide technical assistance and outreach services for schools; (9) provide staff training; and (10) develop curricula to assist rural schools in moving toward meeting the national education goals. Requires each Center to reserve 25 percent of funds received under this subtitle for direct grants to rural eligible LEAs within its region, which are participating in a program assisted under title I of this Act, to conduct local school district research and evaluation of efforts toward meeting the national education goals. Title IV: General Provisions - Establishes the Interagency Council on Rural Schools to: (1) review Federal programs to determine effects on and rural schools' ability to meet national education goals; (2) track school progress toward and such goals; (3) solicit advice and information for rural education experts and rural school representatives on improvement of Federal programs; (4) review Federal regulations for duplication or contradiction; (5) report annually to the Congress and the President on rural school progress; (6) review and recommend improvement for streamlining of Federal data collection in rural schools; and (7) conduct research to help rural school practitioners improve school performance. Directs the President to conduct a White House Conference on Rural Education before October 30, 1994. Requires the Conference to: (1) develop recommendations and strategies for improving rural education; (2) marshal the forces of the private sector, governmental agencies at all levels, parents, teachers, communities, and education officials to assist rural schools in meeting national goals; and (3) conduct initial planning for a permanent national advisory commission on rural education. Requires reports to the President. Authorizes appropriations for such Conference. Establishes the Carl D. Perkins National Commission on Rural Education (the Commission). Directs the Commission to: (1) study specified issues relating to rural schools; and (2) report, and recommend changes in Federal legislation, to the President and appropriate congressional committees. Terminates the Commission three years after its first meeting. Authorizes appropriations for the Commission. Requires eligible LEAs to use Federal funds received under this Act only to supplement but not supplant non-Federal funds.

Families in Need Act of 1991

United States · United States Congress · 26 June 1991

Families in Need Act of 1991 - Title I: Housing - Amends the United States Housing Act of 1937 to increase and extend the authorization for increases in budget authority for assistance under specified provisions relating to rental certificates and other existing housing programs. Amends the Stewart B. McKinney Homeless Assistance Act to allow the provision of technical assistance and modify set-asides relating to homeless pregnant and postpartum women. Allows, in certain circumstances, reduction of matching funds requirements relating to acquisition and/or rehabilitation of an existing structure for supportive housing. Mandates a program to provide supportive services to such women, including room and board, prenatal care, substance abuse treatment, various counseling and education, and transportation to other facilities. Authorizes appropriations. Amends the Family Violence Prevention and Services Act to include in the emphases States will give in the distribution of State demonstration grant funds that of: (1) medical referrals; and (2) projects serving pregnant women and women with dependent children. Authorizes appropriations to carry out the Act. Title II: Access to Health Care, Childhood Immunizations, Program Simplification and Outreach for Women and Infants - Amends provisions of the Public Health Service Act relating to migrant and community health centers and health services for the homeless to mandate the use of certain funds to expand existing comprehensive perinatal care programs. Requires that migrant and community health centers and entities providing health services for the homeless be permitted to participate in a specified bulk vaccine purchasing program. Adds references to obstetric provider shortage areas and pediatric provider shortage areas to provisions relating to health professional shortage areas. Authorizes assistance to eligible National Health Service Corps members in paying the costs of certain malpractice insurance. Authorizes appropriations. Authorizes grants to States for the establishment of State programs to award compensation to eligible individuals providing obstetric services to assist in paying malpractice insurance costs. Authorizes appropriations. Authorizes the Domestic Volunteer Service Act of 1973 to mandate an expansion of volunteer outreach targeted at communities with high concentrations of pregnant women who receive inadequate prenatal care. Authorizes appropriations. Amends the Public Health Service Act to authorize grants for satellite health centers or mobile clinics to expand the availability of obstetric and primary care in health professional shortage areas, medically underserved areas, obstetric professional shortage areas, or pediatric professional shortage areas. Authorizes appropriations. Authorizes grants to States for the establishment of Statewide computerized Federal and State program eligibility programs which would: (1) permit access to recipient- or applicant-specific information on all Federal and State programs and to submit applications on-line for Federal programs; and (2) provide for the processing of electronic claims for reimbursement to health care providers under programs administered by the State. Authorizes appropriations. Mandates establishment of a National Infant Health Public Information Campaign. Requires the Centers for Disease Control to: (1) coordinate nationwide birth defects surveillance, prevention, epidemiology, and other activities; and (2) serve as the national clearinghouse for data generated from birth defects monitoring programs. Authorizes grants and cooperative agreements, with regard to birth defects, for monitoring programs, epidemiological research, prevention demonstration projects, and public information and education. Directs the Secretary of Health and Human Services to: (1) develop, evaluate, and implement birth defects prevention strategies; and (2) convene an annual birth defects conference. Authorizes appropriations. Title III: Nutrition - Amends the Child Nutrition Act of 1966 to authorize appropriations to carry out the special supplemental food program for women, infants, and children (WIC Program).

A bill to prohibit the payment of Federal benefits to illegal aliens.

United States · United States Congress · 26 June 1991

Prohibits the payment of: (1) direct Federal financial or social insurance benefits to illegal aliens; or (2) unemployment benefits to aliens without employment authorization.

To establish the National Commission on American Labor Law.

United States · United States Congress · 25 June 1991

Establishes the National Commission on American Labor Law (the Commission). Directs the Commission to evaluate all aspects of labor law to determine any necessary changes so that labor and civil rights, working conditions, and U.S. workers' standard of living can be maintained or enhanced with the simultaneous promotion and growth of U.S. businesses domestically and in international markets. Requires the Commission to include in its evaluation laws and regulations relating to: (1) labor-management relations; (2) work place health and safety; (3) work place discrimination; (4) wages, benefits, and disability compensation; (5) worker training, retraining, and skill enhancement; (6) immigration and the use of foreign workers; and (7) procurement and contracting. Sets forth provisions for Commission membership, Director and staff, experts and consultants, and powers. Requires the Commission to report, with recommendations for legislative or administrative action within three years after enactment of this Act, to the President and each House of the Congress. Terminates the Commission 90 days after its submission of its final report. Authorizes appropriations.

To direct the Attorney General to establish in Lake County, Indiana an office of the Immigration and Naturalization Service.

United States · United States Congress · 24 June 1991

Directs the Attorney General to establish an Immigration and Naturalization Service office in Lake County, Indiana.

A bill for the relief of Chi Hsii Tsui, Jin Mie Tsui, Yin Whee Tsui, Yin Tao Tsui, and Yin Chao Tsui.

United States · United States Congress · 20 June 1991

Declares five named individuals to have been lawfully admitted to the United States for permanent residence under the Immigration and Nationality Act.

Strategy to Eliminate Crime in the Urban and Rural Environment Act of 1991

United States · United States Congress · 20 June 1991

Strategy to Eliminate Crime in the Urban and Rural Environment Act of 1991 - Title I: Rural Crime Prevention Strategy - Requires the Director of the National Institute of Justice to conduct a national assessment of the nature and extent of rural crime in the United States, the needs of law enforcement and criminal justice professionals in rural States and communities, and promising strategies to respond effectively to those challenges, including: (1) the problem of clandestine drug laboratories; (2) other environmental crimes, such as the dumping of toxic waste; (3) the cultivation of illegal crops, such as marihuana; (4) the problems of drug and alcohol abuse in rural communities; (5) the problems of family violence and child abuse; (6) the problems of juvenile delinquency and vandalism; (7) the access of law enforcement and criminal justice professionals in rural communities to the services of crime laboratories, the Automated Fingerprint Identification System, and other technological support, and to professional training and development; and (8) the special problems of drug abuse in jurisdictions with populations of 50,000 or less. Requires the Director to: (1) submit the national assessment to the President and the Congress within 12 months; and (2) disseminate the results through programs of training and technical assistance, as well as through reports, publications, and clearinghouse services. Authorizes the Director to make grants to local law enforcement agencies for pilot programs and field tests of particularly promising strategies and models, which could then serve as the basis for demonstration and educational programs under the Bureau of Justice Assistance (BJA) discretionary grant program, such as programs to develop and demonstrate new or improved approaches or techniques for rural criminal justice systems. Authorizes appropriations. Title II: Violent Felonies Against the Elderly - Amends the Federal criminal code to establish a mandatory sentence for the commission of a felony against an individual age 65 or older. Sets limitations on the discretion of the court with respect to suspending such sentence, authorizing probation or parole, allowing the defendant to serve consecutive sentences, and accepting plea agreements. Authorizes appeals on the grounds that a sentence is less severe than that required under this Act. Amends the Federal Rules of Criminal Procedure to: (1) preclude either the defendant or the court from waiving a presentence investigation and report unless there is sufficient information in the record for the court to determine whether a mandatory sentence pursuant to this Act must be imposed; (2) require such report to contain verified information as to whether any victim of the offense had attained age 65 on the date that the offense was committed; and (3) make an exception to the general rule authorizing plea bargain discussions in cases involving the commission of a felony against individuals age 65 and older. Title III: Child Abuse, Sexual Violence, and Violence Against Women - Amends the Federal Rules of Evidence to allow evidence of similar offenses in criminal or civil sexual assault and child molestation cases. National Child Abuser Registration Act of 1991 - Authorizes a State child abuse information repository (State repository) to report child abuser information to the National Crime Information Center. Directs the Attorney General to establish guidelines for the reporting of such information. Specifies that such guidelines shall require that: (1) a reporting State ensure that reports of all convictions under the criminal child abuse law of the State are maintained by a State repository; and (2) a State repository maintain close liaison with the National Center on Child Abuse and Neglect and the National Center for Missing and Exploited Children for exchange of information and technical assistance in cases of child abuse. Requires the Attorney General to publish an annual statistical summary of the child abuser information reporting under this Act. Makes compliance with this Act a condition to the receipt by a State of any grant, cooperative agreement, or other assistance under the Victims of Crime Act (VCA) and the Child Abuse Prevention and Treatment Act. Amends the Controlled Substances Act (CSA) to provide for increased penalties for distribution of a controlled substance to a woman while she is pregnant. Expresses the sense of the Congress that, for purposes of determining child custody, credible evidence of physical abuse of a spouse should create a statutory presumption that it is detrimental to the child to be placed in the custody of the abusive spouse. Amends Federal criminal code provisions relating to sexual abuse to double the maximum imprisonment for violation of such provisions after a prior conviction under Federal or State law for such an offense. Adds to such provisions a special definition of "sexual act" applicable to individuals under the age of 16. Authorizes the court to order the payment of restitution for victims of sex offenses. Amends the Higher Education Act of 1965 to add sexual assault or any other abusive sexual conduct to the list of offenses regarding which certain institutions are required to collect and disclose statistics. Requires each institution to report the statistics to parents or guardians of students as well as to other groups specified by current law. Amends the Federal criminal code to require that a person charged with an offense under provisions relating to sexual abuse be tested for the human immunodeficiency virus: (1) before release pending trial; and (2) six months and twelve months after the initial test. Requires results to be provided to the judicial officer or court and disclosed only to the victim, the attorney for the Government, and the person tested. Requires the U.S. Sentencing Commission to enhance the sentence guidelines if the offender had reason to know that he was infected, except where the offender did not engage or attempt to engage in conduct creating a risk of transmission. Amends the Victims' Rights and Restitution Act of 1990 to require a governmental department or agency to pay for up to two tests for a sexual assault victim in the twelve months following the assault. Establishes the National Task Force on Violence Against Women to develop a uniform Federal, State, and local law enforcement strategy aimed at protecting women against violent crimes, punishing persons who commit such crimes, and enhancing the rights of the victims. Authorizes appropriations. Domestic Violence Prevention Act of 1991 - Amends the Family Violence Prevention and Services Act to add increasing public awareness as a purpose of State demonstration grants. Authorizes grants for public information campaigns regarding domestic violence. Requires a State grant recipient to establish a Commission on Domestic Violence. Requires a specified minimum percentage of funds for demonstration grants for prevention of, and provision of immediate shelter and other assistance to, victims of family violence and their dependents to be used for rural areas. Limits law enforcement training grants to private nonprofit organizations that have certain experience. Authorizes appropriations to carry out the Act. Amends the Federal Rules of Criminal Procedure to modify the number of peremptory challenges available to specified parties when the offense charged is punishable by imprisonment for more than one year. Amends the Federal criminal code to: (1) prohibit peremptory jury challenges on the basis of race, color, or any other classification that could not lawfully be used by a prosecutor; and (2) give the prosecutor the same right as the defense attorney to challenge the exercise of peremptory challenges on this ground, with the court applying the same standards and granting the same relief. Enacts rules, to be known as the Rules of Professional Conduct for Lawyers in Federal Practice, and includes them as an appendix to provisions of the U.S. Code relating to the judiciary and judicial procedure. Applies the rules to proceedings before a U.S. court or a Federal agency that carries out adjudicatory or quasi-adjudicatory functions. Includes rules relating to: (1) various types of litigation abuses (including conduct to increase litigation expenses or with no substantial purpose other than to distress another person); (2) expediting litigation (including not attempting to delay or prolong proceedings for specified reasons); and (3) a duty to prevent the commission of a crime (including allowing or requiring disclosure of information.) Requires a protective order issued by a court of a State to have the same full faith and credit in a court in another State as in a court of the issuing State. Title IV: Law Enforcement Officers Bill of Rights - Amends the Omnibus Crime Control and Safe Streets Act of 1968 (Omnibus Act) to require a five percent reduction in certain assistance under such Act for any law enforcement agency which fails to have in effect a law enforcement officer's bill of rights providing for: (1) investigations for alleged malfeasance, misfeasance, or nonfeasance of official duty; (2) the representation of law enforcement officers on police complaint review boards; (3) opportunities for a hearing; (4) summary punishment, administrative action, and emergency suspension; (5) the recovery of damages for civil suits brought for violations of these rights; (6) notice of disciplinary actions to be taken against such officers; and (7) a prohibition against retaliation for exercising rights. Title V: Victims' Bill of Rights - Amends the Federal criminal code to require (currently, authorize) the court to order restitution of the victim of the offense of which a defendant is convicted when such defendant is being sentenced for specified offenses. Authorizes a court to order restitution of any person who, as shown by a preponderance of the evidence, was harmed physically, emotionally, or pecuniarily by unlawful conduct of the defendant during the criminal episode during which the offense occurred or during the course of a scheme, conspiracy, or pattern of unlawful activity related to the offense. Directs the court: (1) to order restitution to a victim in the full amount of the victim's losses as determined by the court without consideration of the economic circumstances of the offender or the fact that a victim is entitled to receive compensation for a loss from insurance or any other source; and (2) upon determination of the amount owed to each victim, to specify in the restitution order the manner of and schedule for restitution in consideration of the financial resources and other assets, projected earnings and other income, and financial obligations of the offender, including obligations to dependents. Specifies that: (1) a restoration order may direct the offender to make a single, lump-sum payment, partial payments at specified intervals, or such in-kind payments as may be agreeable to the victim and the offender; and (2) such in-kind payments may be in the form of the return or replacement of property, or services rendered to the victim or another person or organization. Provides that when the court finds that more than one: (1) offender has contributed to the loss of a victim, the court may make each offender liable for payment of the full amount of restitution or may apportion liability among the offenders to reflect the level of contribution and economic circumstances of each offender; and (2) victim has sustained a loss requiring restitution by an offender, the court shall order full restitution of each victim but provide for different payment schedules to reflect the economic circumstances of each victim. Sets forth provisions regarding: (1) compensation with respect to losses from insurance or other sources; (2) set-offs against amounts later recovered as compensatory damages by the victim in Federal and State civil proceedings; and (3) payment by the offender to the clerk of the court for accounting and payment in accordance with this Act. Specifies that a restitution order shall constitute a lien against all property of the offender and may be recorded in any Federal or State office for the recording of liens against real or personal property. Makes compliance with the schedule of payments and other terms of a restitution order a condition of any probation, parole, or other form of release of an offender. Specifies actions the court may take, including revocation of probation or supervised release, if a defendant fails to comply with a restitution order. Provides for enforcement of restitution orders. Authorizes: (1) a victim or the offender to petition the court to modify a restitution order in view of a change in the economic circumstances of the offender; and (2) the court to refer any issue arising in connection with a proposed restitution order to a magistrate or special master for proposed findings of fact and recommendations as to disposition, subject to a de novo determination of the issue by the court. Authorizes the court: (1) to require the defendant to reimburse the victim for necessary child care, transportation, and other expenses related to participation in the investigation or prosecution of, or attendance or proceedings related to, the offense; and (2) if the defendant is delinquent in making restitution pursuant to an established payment schedule, after a hearing, to suspend the defendant's eligibility for all Federal benefits until such time as the defendant demonstrates to the court good-faith efforts to return to such schedule. Amends the Federal Rules of Criminal Procedure to authorize the court: (1) before imposing sentence for a crime of violence or sexual abuse, to address the victim personally if the victim is present at the sentencing hearing and determine if the victim wishes to make a statement and present any information in relation to the sentence; and (2) upon a motion that is filed jointly by the defendant and the attorney for the Government, to hear in camera such a statement by the victim. Repeals: (1) the current $150,000,000 cap on the Crime Victims Fund under the VCA; and (2) sunset provisions under such Act. Modifies the formula for the distribution of sums deposited into the Fund to provide that: (1) seven percent of the total funds deposited in a fiscal year be available for child abuse prevention and treatment grants; (2) four percent be available for training and technical services to victim assistance programs and for financial support of services to victims of crime by victim assistance programs; and (3) 89 percent be available for crime victim compensation and victim assistance programs. (Current law provides a complex formula for the distribution of funds depending on the amount deposited in the Fund.) Authorizes the Director of the Office for Victims of Crime to retain any amount in excess of 110 percent of the total deposited in the previous fiscal year as a reserve for those years in which there is a shortfall in the Fund, provided that the reserve not exceed $20,000,000. Provides that the first $6,200,000 above $150,000,000 deposited in the Fund through FY 1995, and the first $3,000,000 for each fiscal year thereafter, be available to the judicial branch for administrative costs. Increases the Federal share of victim compensation programs from 40 to 45 percent of the amounts awarded by each program during the preceding fiscal year. Allows up to five percent of a victim compensation program grant to be used for administrative costs. Specifies that if the compensation paid by an eligible crime victim compensation program would cover costs that a Federal program, or a federally financed State or local program, would otherwise pay: (1) such victim compensation program shall not pay such compensation; and (2) the other program shall make its payments without regard to the existence of the crime victim compensation program. Authorizes the Director to use unspent compensation funds for assistance programs in either the year such funds are not spent or in the following year. Requires crime victim assistance chief executives to give particular attention to children who are victims of violent street crime. Authorizes the use of grants under this Act for demonstration projects. Allows up to five percent of a victim assistance program grant to be used for administrative costs. Makes biannual reports under such Act due on May 31 (currently, such reports are due December 31). Requires grantees to certify that no grant funds will be used to supplant State and local funds, but rather will supplement those otherwise available funds. States that specified allocation provisions under this title shall take effect in a fiscal year upon certification by the Director that there are sufficient funds in the Victims Assistance Fund and the Victims Compensation Fund at the end of the previous fiscal year so that such allocations will not reduce the current funding levels in such funds. Title VI: Gangs and Juvenile Offenders - Requires that juveniles found guilty of specified serious crimes be fingerprinted and photographed and that such information and records of the adjudication be sent to the Federal Bureau of Investigation. Authorizes reporting, retention, disclosure, and availability of juvenile records permitted under the law of the State in which a Federal juvenile proceeding takes place. Repeals provisions that authorize prejudgement probation for certain drug offenders convicted of possession of a controlled substance and require expungement of records for such offenders under 21 years of age at the time of the offense. Adds certain cocaine and drug conspiracy and attempt offenses committed by juveniles to the list of crimes authorizing prosecution as an adult if the Attorney General certifies that there is a substantial Federal interest in the case that justifies adult prosecution. Sets forth criteria for determining whether a juvenile should be prosecuted as an adult. Defines "serious drug offense" under the Federal criminal code to include any act of juvenile delinquency that if committed by an adult would be a serious drug offense under such provisions. Increases the penalty for: (1) interstate and foreign travel or transportation in aid of racketeering enterprises; and (2) conspiracy to commit murder for hire. Specifies that: (1) whoever is convicted of a felony crime of violence for the benefit of, or in association with any criminal street gang, shall in addition to the punishment provided by law for such crime, be fined, imprisoned for up to three years, or both; and (2) any imprisonment imposed under this provision shall not run concurrently with that imposed for the underlying crime. Title VII: Death Penalty - Capital Punishment Procedures Act of 1991 - Amends the Federal criminal code to establish criteria for the imposition of the death penalty for Federal crimes. Requires the Government, for any offense punishable by death, to serve notice upon the defendant a reasonable time before trial or acceptance of a plea, that it intends to seek the death penalty and the aggravating factors upon which it will rely. Requires a separate sentencing hearing before a jury, or the court upon motion by the defendant, when the defendant is found guilty or pleads guilty to an offense punishable by death. Allows the defendant and the Government to present any information relevant to sentencing, without regard to the rules of evidence, but permits evidence to be excluded where its probative value is substantially outweighed by the danger of creating unfair prejudice, confusing the issues, or misleading the jury. Specifies mitigating factors which the defendant must establish by a preponderance of the information and aggravating factors which the Government must prove beyond a reasonable doubt. Sets forth special aggravating factors for: (1) homicide and the attempted murder of the President; and (2) drug offenses punishable by the death penalty (such factors include previous serious drug felony convictions, use of a firearm in committing or furthering certain continuing criminal enterprises, use of minors in trafficking, and lethal adulteration of controlled substances). Directs the court, or the jury by unanimous vote, to impose the death penalty upon a finding of at least one aggravating and no mitigating factor, or one or more aggravating factors which outweigh any mitigating factors. States that no person who was under 18 years of age at the time of the offense may be sentenced to death. Requires the court to instruct the jury not to consider the race, color, religion, national origin, or sex of the defendant or victim in its consideration of the sentence. Establishes procedures for appeal from a death sentence. Requires the court of appeals, upon consideration of the record and the information and procedures of the sentencing hearing, to affirm the decision if: (1) the sentence was not imposed under the influence of passion, prejudice, or any other arbitrary factor; (2) the information supports the finding of aggravating factors; and (3) the proceedings did not involve any other prejudicial error requiring reversal of the sentence that was properly preserved for and raised on appeal. Requires the court to provide a written explanation of its determination. Sets forth procedures for the implementation of the sentence of death. Limits the circumstances under which the offense of delivering defense information to aid foreign governments is punishable by death. Provides for the imposition of the death penalty for: (1) murder committed by prisoners in Federal prisons; (2) kidnappings which result in the death of any person; (3) hostage takings which result in the death of any person; (4) attempting to kill the President of the United States (if such attempt results in bodily injury or comes dangerously close to causing the President's death); (5) "murder for hire"; (6) murder in the aid of a racketeering activity; (7) engaging in a criminal enterprise activity which results in death; (8) specified violations of the CSA, the Controlled Substances Import and Export Act, and the Maritime Drug Law Enforcement Act; (9) murders in connection with sexual assaults and child molestations; and (10) civil rights murders and certain murders involving damage to religious property or obstruction of persons in the free exercise of religious beliefs. Increases the minimum sentence to life imprisonment for the crime of bank robbery which results in death. Provides for appointment of counsel in Federal cases where a defendant is charged with a crime with respect to which a sentence of death is sought and is or becomes financially unable to obtain adequate representation. Sets forth additional provisions with respect to: (1) representation before and after review of judgement; (2) standards for competence of counsel; and (3) claims of ineffectiveness of counsel. Sets forth provisions with respect to: (1) deadlines for collateral attacks on judgements imposing a sentence of death; and (2) stays of execution. Title VIII: Imposition of Mandatory Minimum Sentences Without Release - Amends the Federal criminal code to establish the following penalties for offenses committed during and in relation to any crime of violence or drug trafficking crime, or during and in relation to any felony punishable under certain provisions relating to counterfeiting and forgery, in addition to the punishment provided for such crime. Provides that whoever: (1) uses, carries, or otherwise possesses a firearm shall be sentenced to imprisonment for ten years without release; (2) discharges a firearm with intent to injure another person shall be sentenced to imprisonment for 20 years without release; or (3) uses, carries, or otherwise possesses a firearm that is a machine gun or is equipped with a firearm silencer or muffler shall be sentenced to imprisonment for 30 years without release. Sets penalties for second, third, and subsequent convictions. Prohibits the release of any person convicted for any reason during a term of imprisonment imposed under this title. Amends the CSA to increase the sentences for distributing illegal drugs to persons under age 21 and for employing persons under 18 years of age in drug operations to up to ten years without release for a first offense and up to 20 years without release for a second offense. Prohibits the court from placing such persons on probation or suspending the sentence. Prohibits their release during the term of the sentence. Increases prison sentences for trafficking in marihuana and specified categories of controlled substances. Establishes mandatory sentences, in addition to any other sentence imposed for the underlying possession or distribution, of: (1) one year imprisonment without release in a case involving possession of a controlled substance within a Federal prison or other Federal detention facility; and (2) ten years without release in a case involving the smuggling of a controlled substance within such prison or facility. Prohibits the court from placing such individuals on probation or suspending the sentence. Prohibits such person from being eligible for parole during such term of imprisonment. Amends the Immigration and Nationality Act to: (1) require the deportation of aliens convicted of drug trafficking crimes or crimes of violence or for commission of an aggravated felony; and (2) increase the penalty (currently, 15 years for individuals whose deportation was subsequent to certain felony convictions) to 20 years without release, and to life imprisonment without release for a second violation, without probation, suspension of sentence, or early release, for reentry of a deported alien whose deportation was subsequent to a conviction for a drug trafficking crime or crime of violence. Grants priority for Federal drug law enforcement assistance funds from BJA grant programs to States having laws providing for mandatory minimum sentences, elimination of early release, and payment of trial costs and mandatory fines by individuals convicted of specified controlled substance violations. Revises the formula for determining the amount distributed from the Drug Control and System Improvement Grant Program. Title IX: Mandatory Judicial Reforms - Amends the Federal criminal code to bar the exclusion of evidence obtained as a result of a search or seizure carried out under circumstances justifying an objectively reasonable belief that it was in conformity with the fourth amendment. Specifies that: (1) Federal law does not require the exclusion of evidence in a proceeding in any court under circumstances in which the evidence would be admissible in a proceeding in a Federal court pursuant to this title; and (2) firearms seized by Federal law enforcement officers for use as evidence against a defendant who is being prosecuted for a crime of violence or serious drug offense, or who is ineligible to possess such firearm under the Federal criminal code, shall not be excluded in U.S. court proceedings on the ground that the search or seizure was in violation of the fourth amendment. Directs the Attorney General to promulgate rules and regulations relating to compliance by law enforcement officers of the Department of Justice with the fourth amendment, including: (1) the training of such officers in the law of search and seizure; (2) procedures and standards of conduct to be observed in carrying out searches and seizures; (3) procedures for reporting and investigating incidents involving possible violations of legal or administrative requirements relating to searches and seizures; (4) sanctions to be imposed when such violations are determined to have occurred; and (5) standards and procedures for settling claims for damages by victims of unlawful searches and seizures. Authorizes the head of any other Federal department or agency to promulgate rules and regulations relating to compliance with the fourth amendment by law enforcement officers of such department or agency. Directs the Attorney General, and any other Federal department or agency head that promulgates such rules or regulations, to: (1) establish a review board to consider all allegations of fourth amendment violations by law enforcement officers of such department or agency and to recommend or impose appropriate sanctions in cases where violations are determined to have occurred; and (2) report annually to the Congress concerning allegations and claims relating to search and seizure violations by law enforcement officers of such department or agency, the actions taken on such allegations and claims, and the bases for such actions. Authorizes charging such a review board with recommending the settlement of claims for damages by victims of unlawful searches and seizures. Specifies that evidence shall not be excluded on the ground that it was obtained in violation of a statute, an administrative rule or regulation, or a rule of procedure unless exclusion is expressly authorized by statute or by a rule prescribed by the Supreme Court pursuant to statutory authority. Amends the Federal judicial code to establish a one-year statute of limitations for habeas corpus actions brought by State prisoners. Vests authority to issue certificates for probable cause for appeal of habeas corpus orders exclusively in the courts of appeals. Permits denial on the merits of habeas corpus writs notwithstanding the failure to exhaust State remedies. Prohibits the granting of a habeas corpus writ with respect to any claim which has been fully and fairly adjudicated in State proceedings. Sets forth provisions with respect to the appointment counsel. Amends the Federal judicial code to set forth special habeas corpus procedures in capital cases. Applies such procedures to Federal habeas corpus cases brought by prisoners in State custody who are subject to a capital sentence. Makes the applicability of such procedures contingent upon a State establishing a mechanism for the appointment, compensation, and payment of reasonable litigation expenses of competent counsel in State post-conviction proceedings brought by indigent prisoners whose capital convictions and sentences have been upheld on direct appeal to the court of last resort in the State or have otherwise become final for State law purposes. States that the rule of court on statutes establishing such mechanism must provide standards of competency for the appointment of such counsel. Directs that any such mechanism must offer counsel to all State prisoners under capital sentence and must provide for the entry of an order by a court of record: (1) appointing counsel to represent the prisoner upon a specified finding; (2) finding that the prisoner has rejected the offer of counsel and made the decision with an understanding of its legal consequences; or (3) denying the appointment of counsel upon a finding that the prisoner is not indigent. Provides for a mandatory stay of execution during the post-conviction review initiated pursuant to this title. Details conditions which will cause such stay to expire. Prohibits a Federal court, if one of such conditions has occurred, from entering a stay of execution or granting relief in a capital case unless: (1) the basis for the stay and request for relief is a claim not previously presented in the State or Federal courts; (2) the failure to raise the claim was the result of State action in violation of the Constitution or laws of the United States, was the result of a recognition by the Supreme Court of a new Federal right that is retroactively applicable, or is due to the fact that the claim is based on facts that could not have been discovered through the exercise of reasonable diligence in time to present the claim for State or Federal post-conviction review; and (3) the facts underlying the claim would be sufficient, if proven, to undermine the court's confidence in the jury's determination of guilt on the offense for which the death penalty was imposed. Imposes time limits on filing for habeas corpus relief. Requires such time limits to be tolled under specified conditions. Requires the district court, upon the development of a complete evidentiary record, to rule on the merits of the claims properly before it. Makes the requirement for a certificate of probable cause inapplicable, with exceptions, where: (1) a second or successive petition is filed; and (2) certain requirements under a unitary review procedure (i.e., a State procedure that authorizes a person under sentence of death to raise, in the course of direct review of judgment, such claims as could be raised on collateral attack) are met. Sets forth time limits for determining petitions. Specifies that the adjudication of petitions or motions involving habeas corpus in capital cases shall be granted priority by the district court and court of appeals over all noncapital matters. Amends the CSA to require: (1) the court, prior to sentencing on a conviction in a Federal court of a felony under such Act, to compile a list of assets owned by the defendant not subject to forfeiture; and (2) upon request of the Attorney General, the court to direct the defendant to provide proof that any asset owned by the defendant not on such list was legally obtained. Authorizes the Attorney General to seize assets that the defendant does not prove were legally obtained. Requires the proceeds from such assets to be deposited in the Department of Justice Assets Forfeiture Fund and to be available for transfer to the building and facilities account of the Federal prison system. Sets forth provisions regarding the term of appointment, authority, and jurisdiction of special masters. Requires the Administrative Office of the United States Courts to publish annually a report on the sentencing patterns of Federal judges. Amends the Federal criminal code to prohibit the Federal courts, until five years after the enactment of this Act, from: (1) holding prison crowding unconstitutional under the eighth amendment except to the extent that an individual plaintiff inmate proves that the crowding causes the infliction of cruel and unusual punishment; and (2) placing an inmate ceiling on any Federal, State, or local detention facility as an equitable measure for conditions that violate the eighth amendment unless crowding itself is inflicting cruel and unusual punishment on individual prisoners. Requires that each Federal court order seeking to remedy an eighth amendment violation be reopened at the behest of a defendant for recommended alteration at a minimum of two-year intervals. Applies this title to all outstanding court orders on the date of enactment of this Act. Permits any State or municipality to seek modification of any outstanding eighth amendment decree pursuant to this Act. Directs the Attorney General to take steps, consistent with security considerations, to ensure that sufficient facilities exist to house individuals whom the courts have ordered incarcerated. Requires: (1) the Secretary of Defense, the Commission on Alternative Utilization of Military Facilities, and the Director of the Bureau of Prisons to identify suitable military installations and examine the feasibility of using temporary facilities for housing prisoners; and (2) the Director to report to the Congress within 90 days. Amends the Defense Authorization Amendments and Base Closure and Realignment Act to require the Secretary to notify the Attorney General and the Governor of each of the U.S. territories and possessions (currently, all departments and instrumentalities within the Department of Defense (DOD)) of the availability of any real property or facility located at a military installation to be closed. Authorizes the transfer of such property to the Attorney General, a State, territory, or possession, or the District of Columbia for use as a correctional institution. Requires the Director to: (1) review current construction standards and methods used in building Federal prisons; (2) examine and recommend cost cutting measures that could be employed in prison construction; and (3) submit the results to the Congress. Authorizes the Attorney General to contract for private construction and operation of Federal prisons. Requires the use of creative and cost-effective private financing alternatives and private prison construction and operation where possible. Specifies that operating costs of privately-operated prisons shall be covered through rent charged to Government units placing inmates in prisons. Requires the Administrator of the General Services Administration to identify at least 20 parcels of surplus Federal property which the Attorney General has certified are not needed for Federal correctional facilities but which may be suitable for State or local correctional facilities. Makes property determined to be in excess of Federal needs that may be suitable for use as correctional facilities available during the period beginning on the date of enactment of this Act and ending five years after such date to the Attorney General, or secondarily, to a State, the District of Columbia, or a local government. Permits State and local governments to use Federal temporary incarceration facilities, when they are not needed to accommodate Federal prisoners, for incarcerating prisoners at a per diem fee payable to the Bureau of Prisons. Requires every person who, during the period beginning on the date of enactment of this Act and ending five years after such date, is convicted in Federal court of committing a crime of violence against a person or a drug trafficking crime (other than simple possession), to be sentenced to and serve no less than five years' imprisonment. Prohibits any such person from being released from custody for any reason prior to completion of the sentence unless the sentence imposed is greater than five years and is not a mandatory minimum sentence without release. Title X: Prisoner and Prison System Reforms - Expresses Federal policy that: (1) prisoners shall work absent medical certification of 100 percent disability, security considerations, or disciplinary action; and (2) States and local governments have the same authority to require all convicted prisoners to work. Provides for the deposit in a separate fund in the Treasury of funds generated from prison labor for prison construction and operating expenses or payment of judgments. Specifies that prisoners shall be paid a share of funds generated by their labor. Amends the Adult Education Act to require each State correctional system and each local jail or detention center with an inmate population of over 150 to have in effect a mandatory functional literacy program in at least one major correctional facility, subject to specified requirements and exceptions. Authorizes the Attorney General to enter into contracts with private businesses for the use of inmate skills that may be of commercial use to such businesses. Sets forth provisions with respect to security requirements involved in the use of convict labor. Provides for the withholding of prisoners' Federal benefits to offset incarceration costs. Directs the Attorney General to establish a program of drug testing of targeted classes of arrestees, prisoners, and persons on release. Amends the Omnibus Act to bar Federal funding under the Drug Control and System Improvement Grant Program for States failing to have an analogous State program. Specifies that, beginning two years after the enactment of this Act: (1) a request for Federal drug law enforcement assistance funds from the BJA grant programs by a State whose law provides mandatory work requirements, mandatory education requirements, and drug testing of prisoners shall receive priority over a request by a State whose law does not so provide; and (2) the formula for distributing the amount of funds to be distributed from the Drug Control and System Improvement Grant Program to State and local governments shall be adjusted by reducing by ten percent the amount of funds that would be allocated to States whose laws do not so provide and allocating the amount of the reduction pro rata to other States.

A bill for the relief of Michael Houtmeyers.

United States · United States Congress · 18 June 1991

Waives limitations of the Immigration and Nationality Act on the adjustment of status of a named individual.

Maternal and Early Childhood Health Care Act of 1991

United States · United States Congress · 18 June 1991

Maternal and Early Childhood Health Care Act of 1991 - Amends the Public Health Service Act to provide for the use of certain funds appropriated for migrant health centers (MHCs), community health centers (CHCs), and programs for health services for the homeless for: (1) the development and operation of Comprehensive Perinatal and Early Childhood Health Programs (CPECHPs); and (2) expanding services for pregnant women and children where MHCs and CHCs are already operating Comprehensive Perinatal Care Programs. Provides for grants to MHCs, CHCs, and homeless health service programs for the CPECHPs. Directs the Secretary of Health and Human Services, through the Centers for Disease Control (CDC), to provide vaccines to the health department of each State or large city operating an immunization project. Amends the Vaccine and Immunization Amendments of 1990 to direct the Secretary, through the CDC, to: (1) make grants to States (currently, to public and nonprofit private entities) for demonstration projects to provide, without administrative charge (currently, without charge), immunizations to children not over two years old; and (2) provide immunizations related to certain programs under the Public Health Service Act and the Child Nutrition Act of 1966; and (3) maintain private physician participation in immunization services and to encourage private physicians to provide such services to infants and children enrolled under title XIX (Medicaid) of the Social Security Act. Authorizes appropriations.

For the relief of Michael Houtmeyers.

United States · United States Congress · 18 June 1991

Waives limitations of the Immigration and Nationality Act on the adjustment of status of a named individual.

ADAMHA Reorganization Act

United States · United States Congress · 17 June 1991

Alcohol, Drug Abuse, and Mental Health Administration Reorganization Act of 1991 - Title I: Administration and Institutes - Subtitle A: Restructuring - Amends the Public Health Service Act to remove provisions relating to the administration, institutes, and research of the Alcohol, Drug Abuse, and Mental Health Administration. Establishes, as an agency of the Public Health Service, the Alcohol, Drug Abuse and Mental Health Services Administration (ADAMHSA). Sets forth its general duties. Authorizes appropriations. Mandates: (1) grants to prevent and treat substance abuse among high risk youth; (2) grants for providing pregnant and postpartum women and their children substance abuse prevention, education, and treatment services, including primary health care, comprehensive social services, support services, counseling, housing, and case management; (3) grants to improve the provision of substance abuse treatment services, including through focusing on specified populations, treatment and vocational training in exchange for service, projects operated by community and migrant health centers, and treatment campus projects; (4) grants for drug and alcohol treatment services to individuals under criminal justice supervision; (5) grants to increase the number of full-time substance abuse treatment and prevention providers and the number of health professionals providing treatment and prevention as a component of primary health care; and (6) grants to States to expand their substance abuse treatment capacity. Authorizes appropriations. Authorizes: (1) grants or contracts for outreach to intravenous drug abusers to prevent exposure to and transmission of the etiologic agent for acquired immune deficiency syndrome; (2) grants, contracts, and cooperative agreements to develop and expand mental health and substance abuse treatment for homeless individuals; and (3) grants to communities for the development of comprehensive long-term strategies for the prevention of substance abuse and evaluation of different community approaches to such prevention. Authorizes appropriations. Authorizes grants for demonstration projects for: (1) community services for seriously mentally ill individuals and their families, seriously emotionally and mentally disturbed children and youth and their families, and seriously mentally ill homeless and elderly individuals; (2) the prevention of youth suicide; (3) recognition, assessment, treatment, and clinical management of depressive disorders; (4) the prevention of sex offenses and treatment and assistance to sex offense victims; (5) mental health services to family violence victims; and (6) prevention services for individuals at risk of developing mental illness. Authorizes appropriations. Requires: (1) the appointment of one or more advisory councils for ADAMHSA; (2) peer review of services grants, cooperative agreements, and contracts administered through ADAMHSA. Requires peer review approval for assistance under, and both peer review and advisory council approval for assistance over, a specified amount. Mandates a process to respond to misconduct in projects receiving funds under specified provisions. Authorizes and regulates the use of experts and consultants. Establishes within ADAMHSA the Office for Special Populations to take specified actions with regard to women, minorities, and the elderly. Establishes in the National Institutes of Health the National Institute on Alcohol Abuse and Alcoholism (NIAAA), the National Institute on Drug Abuse (NIDA), and the National Institute of Mental Health (NIMH), requiring comprehensive research on cause, diagnosis, epidemiology, prevention, and treatment, including services research. Authorizes appropriations. Includes in the purpose of NIMH the study of psychological, social, and legal factors that influence behavior. Authorizes grants, cooperative agreements, and contracts through NIAAA, NIDA, and NIMH relating to research and demonstrations relative to the cause, diagnosis, treatment, control, and prevention of mental illness and substance abuse. Directs the Secretary of Health and Human Services to establish, through NIAAA, NIDA, and NIMH, National Health and Substance Abuse Education Programs to disseminate information on improved treatment and family assistance methods and to support training. Authorizes the Secretary, through NIAAA and NIDA, to designate National Substance Abuse Research Centers for interdisciplinary research on substance abuse and other biomedical, behavioral, and social issues. Mandates annual grants to Centers. Establishes in NIDA the Medication Development Program to take specified steps regarding: (1) medication to treat the symptoms and disease of alcohol and drug abuse and addiction and related mental disorders; and (2) supporting training in such areas. Mandates related grants or contracts and cooperative agreements. Subtitle B: Miscellaneous Provisions - Replaces provisions titled "Miscellaneous Provisions Relating to Substance Abuse and Mental Health" with provisions directing the Secretary, through the ADAMHSA Administrator, as feasible and on request of a State, to make technical assistance available for specified purposes, including: (1) program management and evaluation; (2) accreditation or licensure of facilities and personnel; and (3) improving the scope of mental health and substance abuse health insurance offered in the State. Makes the Secretary, through the Administrator, responsible for fostering substance abuse prevention and treatment programs and services in State and local governments and private industry. Mandates: (1) development of model programs suitable for replication on a cost-effective basis in different types of businesses and governmental entities; and (2) dissemination of information on the model programs. Prohibits denial or deprivation of Federal civilian employment or a Federal professional or other license or right solely on the grounds of prior substance abuse, except for employment in specified Federal agencies, any other Federal department or agency designated for purposes of national security by the President, or any Federal position determined to be sensitive. Prohibits discrimination against substance abusers who are suffering from medical conditions in admission or treatment, solely because of their substance abuse, by any private or public general hospital, or outpatient facility receiving any Federal support. Prohibits disclosure of patient information maintained in connection with substance abuse prevention, training, treatment, or research which is conducted or assisted by any Federal department or agency, subject to specified exceptions. Provides for monetary penalties. Mandates: (1) data collection on the national incidence and prevalence of the various forms of mental illness and substance abuse; and (2) competitive grants for epidemiological and longitudinal studies of infants and the families of infants with fetal cocaine and fetal alcohol syndromes. Authorizes appropriations. Provides, if the Secretary determines that a disease or disorder within the jurisdiction of ADAMHSA constitutes a public health emergency, for: (1) expediting peer and advisory committee review; (2) waiving advertising requirements for proposals for contracts; (3) increasing existing grants and contracts; and (4) disseminating information. Subtitle C: Transfer Provisions - Provides for the transfer from the Alcohol, Drug Abuse, and Mental Health Administration (ADAMHA) to: (1) ADAMHSA of authorities, responsibilities, services, personnel, assets, liabilities, orders, regulations, legal actions, and other matters; and (2) the appropriate Directors of NIAAA, NIDA, and NIMH all research related functions of ADAMHA. Subtitle D: Conforming Amendments - Amends specified provisions of the Public Health Service Act relating to projects for assistance in transition from homelessness and provisions relating to alternative utilization of military facilities to substitute references to the Administrator of ADAMHSA for references to: (1) the Director of the National Institute of Mental Health; and (2) the National Institute of Mental Health, the National Institute on Alcohol Abuse and Alcoholism, and the National Institute on Drug Abuse. Directs the Secretary to carry out provisions relating to alcohol and drug abuse and mental health services block grants through the Administrator. Subtitle E: Miscellaneous Provisions - Directs the Secretary to try to get alternative Federal funding for grantees receiving assistance under the community youth activity program under the Anti-Drug Abuse Act of 1988. Requires that the peer review systems, advisory councils, and scientific advisory committees used by NIAAA, NIDA, and NIMH before the transfer of those Institutes to NIH be used by those Institutes after the transfer. Title II: Reauthorization and Improvement of Alcohol and Drug Abuse and Mental Health Service Block Grant Program - Authorizes appropriations for the alcohol and drug abuse and mental health service block grant provisions of the Public Health Service Act. Revises the formula for determining the amount of block grant allotments. Requires that unobligated block grant funds remain available to a State if the Secretary finds that the funds were obligated but subsequently unobligated due to the State's diligence in carrying out the purposes of such provisions. Directs (currently, authorizes) the Secretary to waive a requirement (to spend at least 50 percent of specified funds reserved to carry out certain drug abuse activities) if the Secretary determines that the incidence of intravenous drug abuse in a State does not require that level of funding. Allows block grant allotments to be used for: (1) grants to community health centers for services relating to seriously (currently, chronically) mentally ill individuals; (2) grants to underserved populations of mentally ill individuals in State and local correctional facilities; (3) renovation that makes land or a facility suitable for use under such block grant provisions, including removing hazards or making the land or facility accessible to disabled persons; and (4) programs of treatment for adult and juvenile substance abusers in State and local criminal and juvenile justice systems. Replaces provisions prohibiting the use of block grant funds for the distribution of needles or bleach in connection with the use of illegal drugs with a provision prohibiting the use of such funds for any program prohibited by specified provisions (relating to needle or syringe distribution) of the Health Omnibus Programs Extension of 1988. Amends provisions limiting the percentage of block grant funds a State may use for administration to prohibit including in administrative expenses reasonable expenses incurred for training. Prohibits substance abuse treatment facilities and mental health treatment facilities receiving assistance under Public Health Service Act block grant provisions from discriminating against mentally ill substance abusers. Requires a State to maintain spending levels for alcohol and drug abuse and community mental health services at least at the level (currently, the average level) the State maintained during the previous two years. Removes a provision allowing waiver of that requirement due to extraordinary economic conditions in the State. Adds a requirement that the State mental health planning council comment on the State plan required under specified provisions. Requires a State, on request of the council, to submit the comments to the Secretary with the State plan. Requires development and implementation by a State, and annual approval by the Secretary, of a statewide Substance Abuse Prevention and Treatment Plan. Directs the Secretary, in making grants under existing provisions for the development of State comprehensive mental health services plans, act through the Administrator of ADAMHSA. Title III: Studies - Requires the Director of the NIDA to report to specified congressional committees on the role of the private sector in the development of anti-addiction medications, including legislative proposals designed to encourage private sector development of such medications. Requires the Commissioner of the Food and Drug Administration to report to specified congressional committees on the process by which anti-addiction medications receive marketing approval. Declares that it is the sense of the Congress that the Medications Development Division of the NIDA shall devote special attention and adequate resources to the development of specified medications relating to drug abuse. Requires the Directors of NIAAA, NIDA, and NIMH to establish a panel of independent experts in pharmacotherapeutic treatment of drug addiction to report to the appropriate congressional committees on the national strategy for developing such treatments. Requires the report to be made available to the public. Directs the Secretary to report to the appropriate congressional committees on a uniform definition of "serious mental illness." Requires the ADAMHSA Administrator, acting jointly with the NIMH Director, to report to the appropriate congressional committees on the most effective methods for, and the obstacles to, providing mental health services to individuals residing in correctional facilities.

To provide that immigration judges, for purposes of determining compensation, be treated in the same manner as administrative law judges.

United States · United States Congress · 12 June 1991

Provides that immigration judges shall, for purposes of determining their pay, be treated in the same manner as administrative law judges. Specifies that in making initial pay adjustments for immigration judges after this Act takes effect, the rate of basic pay for any such judge shall, upon conversion to the new pay system, be at least equal to the rate which was payable to that individual immediately before such conversion.

Higher Education Act Amendments of 1991

United States · United States Congress · 12 June 1991

Higher Education Act Amendments of 1991 - Amends the Higher Education Act of 1965 (HEA) to revise and reauthorize its programs. Title I: Access and Retention - Establishes a new HEA title I, Access and Retention, to provide special programs and projects: (1) to identify and encourage students from low-income or educationally disadvantaged backgrounds who have potential for postsecondary and graduate education; and (2) to prepare students from such backgrounds for such education. (Replaces the current title I, Postsecondary Programs for Nontraditional Students.) Establishes a new Precollege Outreach Program of grants to States (replacing the current part A program) to support outreach services for individuals from low-income and educationally disadvantaged backgrounds in order to help them successfully complete secondary education and begin and succeed in postsecondary education. Authorizes States to make subgrants to eligible entities to carry out one or more of such services. Provides for a gradually declining Federal share of project costs, from 90 percent in the first year, with five percent reductions in succeeding years leveling off at 70 percent for the fifth year and thereafter. Includes among criteria to be used by the State agency in selecting projects the degree to which an applicant's service area include large numbers of low-income or first-generation college students. Prohibits an institution of higher education from using such grant funds for recruitment of students to enroll at that institution. Authorizes appropriations. Establishes a new Student Support Service Program of grants to institutions of higher education (replacing the current part B Natinal Programs) to support individuals pursuing postsecondary education programs who are first-generation college students or from low-income or educationally disadvantaged backgrounds. Directs the Secretary, in making such grant awards, to give highest priority to projects at institutions with the lowest educational and general expenditures per full-time equivalent student. Sets forth types of authorized services to assist in motivating and preparing students for postsecondary education. Authorizes appropriations. Establishes a new Ronald E. McNair Graduate Outreach Program of grants to institutions of higher education (combining and replacing certain current part C programs) for services to eligible individuals from low-income and educationally disadvantaged backgrounds to prepare them for graduate, professional, and doctoral study. Directs the Secretary not to make such a grant award without assurances that: (1) at least two-thirds of project participants will be first-generation college students from low-income families; (2) remaining participants will be from a group underrepresented in graduate education; (3) participants will be enrolled in a degree program, at an institution of higher education; and (4) participants in summer research internships will have completed their sophomore year in postsecondary education. Sets forth authorized uses of grant funds, including opportunities for research or other scholarly activities, summer internships, and fellowships. Authorizes appropriations. Title II: National Graduate Fellowships Program - Repeals HEA titles II (Academic Library and Information Technology Enhancement) and IX (Graduate Programs). Establishes a new HEA title II, National Graduate Fellowships Program, for competitive grants to institutions of higher education to provide financial support to highly qualified individuals in graduate studies in areas of national need (including individuals from groups traditionally underrepresented in such studies in such areas). Designates each fellowship recipient a National Graduate Fellow. Limits the fellowship stipend to five years. Authorizes the Secretary to award continuation grants to institutions demonstrating satisfactory progress. Requires institutions receiving them to give preference in awarding fellowship stipends to students who have received National Graduate Fellowships and who demonstrate satisfactory progress in their studies. Sets forth reporting requirements. Directs the Secretary to make new grants under title II only to the extent that funds remain from continued prior funding under HEA to recipients of graduate fellowship assistance for: (1) the Foreign Language and Areas Studies Fellowship Program; (2) the Patricia Roberts Harris Fellowship Program; (3) the Jacob K. Javits Fellows Program; or (4) the Graduate Assistance in Areas of National Need Program. Requires institutions receiving title II grants to give preference in awarding fellowships to students who previously received such assistance under a listed program. Allows a student who received such assistance to subsequently receive a National Graduate Fellowship, but limits the combined period of assistance to not more than five years. Authorizes appropriations. Title III: Institutional Aid - Revises HEA title III, Institutional Aid. Eliminates provisions for special consideration for certain activities. Deems these simply as allowable program activities.) Revises eligibility criteria for institutions to require that their average educational and general expenditures be lower, by a percentage determined annually, than the same expenditures per full-time equivalent undergraduate student of institutions that offer similar instruction. Eliminates as a requirement for such assistance that such institutions are to have been authorized for the preceding five years to offer a specified degree program and accredited or making reasonable progress toward accreditation. Eliminates provisions for waivers of such requirement for institutions with specified percentages of minority students. Limits grant awards to only one such grant, with a maximum five-year duration, to any eligible institution, except that a one-year planning grant may be awarded for preparing plans and applications. Requires: (1) grant applications to describe measurable goals for the institution's management and academic programs, and a plan for achieving them; and (2) continuation applications to demonstrate progress toward achieving them. Revises the program of grants to strengthen Historically Black Colleges and Universities. Allows the use of grant funds to establish or improve a development office to strengthen or improve contributions from alumni and the private sector. Prohibits awarding to any one undergraduate institution: (1) more than two such grants for a period not to exceed ten years from September 30, 1987; or (2) any grant exceeding five years. Requires grant applications to describe measurable goals for the institution's financial management as well as academic goals, and plans to achieve them. Revises and renames a certain program Endowment Challenge Grants for Institutions Eligible for Assistance. Increases the amount (from $10,000,000 to $20,000,000) which appropriations for such grants must exceed before the Secretary may make a two-to-one matching endowment grant exceeding $1,000,000 to an institution. Gives priority for endowment grants to applicants that have received another title III grant within the preceding five years. Revises title III general provisions. Authorizes appropriations. Title IV: Student Assistance - Part A: Grants to Students - Amends HEA title IV (Student Assistance) with respect to the program of Grants to Students in Attendance at Institutions of Higher Education. Subpart 1: Pell Grants - Extends Pell Grant program authority through FY 1997. Eliminates a requirement that the Secretary make an advance payment to eligible institutions of at least 85 percent of the amount each institution requests as needed to pay Pell Grants to eligible students. Revises requirements for the amount of Pell Grants. Sets the amount of an award to a student at the lesser of: (1) the specified maximum award less the expected family contribution; or (2) the percentage (based on family-income level) of the amount of the student's need for financial assistance (i.e. cost of attendance minus expected family contribution). Increases the maximum award amount to $3,700 for 1992-3 and the four succeeding award years. Sets forth a table of percentages of student need for award computation. Increases the minimum allowable award from $200 to $400. Eliminates certain restrictions on the award of Pell Grants to students attending on a less than half-time basis. Revises the period of eligibility for Pell Grants. Limits such period to the full-time equivalent of three academic years in the aggregate in the case of all undergraduate degree or certificate programs normally requiring two years or less. Specifies that longer eligibility periods for longer programs are cumulative and include periods for which the student received a Pell Grant under shorter programs Revises requirements for adjustments for insufficient appropriations for the Pell Grant program. Provides for reduction of all awards by a percentage determined in accordance with a schedule of reductions by the Secretary. (Currently certain awards are held harmless.) Increases the minimumm allowable Pell Grant, under such reduction formula, from $100 to $200. Eliminates certain limitations on the availability of Pell Grant funds when excess amounts are available at the end of a fiscal year. Subpart 2: Supplemental Educational Opportunity Grants - Extends the authorization of appropriations for the Supplemental Educational Opportunity Grants (SEOG) program, but reduces the amount of funding. Reduces the Federal share of SEOG awards to not more to not more than 50 percent in FY 1992 and thereafter. (Current law provides for a maximum Federal share of 85 percent in FY 1991, and allows an even greater Federal share if the Secretary determines it warranted.) Subpart 3: Repeals - Repeals authority for the following programs: (1) Grants to States for State Student Incentives (SSI); (2) Special Programs for Students from Disadvantaged Backgrounds (TRIO programs); (3) Assistance to Institutions of Higher Education (including the Veterans Education Outreach Program); and (4) Special Child Care Services for Disadvantaged College Students. Subpart 4: Presidential Achievement Scholarship Program - Creates a Presidential Achievement Scholarship Program to award scholarships to Pell Grant recipients who demonstrate high levels of academic achievement. Authorizes appropriations. Allows Presidential Achievement Scholars to receive up to four scholarships, each for one academic year, for full-time undergraduate study (or five scholarships for full-time undergraduate study programs that require attendance for five academic years). Bases eligibility in the first year of postsecondary education on the student's receiving a Pell Grant and either: (1) ranking, or having ranked, in the top ten percent, by grade point average, of his or her high school graduating class; or (2) achieving at least the announced minimum score on one of the nationally administered, standardized tests identified by the Secretary. Bases eligibility after the first year on the student's receiving a Pell Grant and: (1) being enrolled in a program of study of at least two years that lead to a degree or certificate; and (2) ranking in the top 20 percent, by cumulative grade point average or equivalent, of his or her postsecondary education class as of the last academic year of study completed. Provides that a student's eligibility for such a scholarship does not depend on receipt of scholarship or Pell Grant in the previous academic year. Requires full-time attendance at the institution as a condition for receiving such a scholarship. Directs the Secretary to establish scholarship award procedures, including deadlines for consideration of students. Requires disbursement of scholarship proceeds to the institutions, but not until the student recipients are enrolled. Sets such scholarship award at $500 for any academic year. Reduces such amount by the amount it exceeds the student's cost of attendance by itself or when combined with other Federal or non-Federal grant or scholarship assistance in the the academic year. Provides for proportionate reductions in each award to adjust for insufficient appropriations. Subpart 5: National Science Scholars Program - Creates a National Science Scholars Program to award scholarships to outstanding students, selected by the President, for the study of physical, life, or computer sciences, mathematics, or engineering. Authorizes appropriations. Provides for an initial award for the first year of undergraduate study and a continuation award for the remaining three (or four) years, as appropriate. Allows National Science Scholars to use such award to attend any defined institution of higher education. Requires the Director of the National Science Foundation (NSF Director) and the Secretary to jointly establish criteria for selection of scholars for initial year awards. Requires such criteria to include potential to successfully complete a postsecondary program, and motivation to pursue a career, in such fields. Allows consideration to be given to individual financial need and to the nondiscriminatory promotion of participation by minorities and individus with disabilities. Requires States to establish a nominating committee, if they desire to qualify student residents for selection. Requires each State nominating committee to submit to the President nominations of from four to ten individuals from each congressional district. Requires priority ranking of such nominations. Requires the President to select and announce two such scholars for each academic year from each congressional district. Directs the Secretary to make continuation awards of additional scholarships to recipient of initial awards who meet specified requirements. Requires disbursement of scholarship proceeds to the institutions, but not until the student recipients are enrolled. Requires the NSF Director and the Secretary to encourage the support and assistance of civic groups, the business community, professional associations, institutions of higher education, and others in providing scholarship assistance to National Science Scholarship finalists. Sets forth eligibility requirements for initial and continuation awards. Allows the Secretary to waive full-time attendance requirements in unusual circumstances. Directs the Secretary to determine circumstances for eligibility reinstatement after an interruption of schooling for personal reasons. Requires the Secretary annually to notify all public and private secondary schools and all institutions of higher education in each State of the availability of such scholarships. Sets such a scholarship award at $6,000 for any academic year. Reduces such amount by the amount it exceeds the student's cost of attendance by itself or when combined with other Federal and non-Federal grant or scholarship assistance in the academic year. Provides for proportionate reductions in each award to adjust for insufficient appropriations. Requires priority consideration to be given students receiving such scholarships, to the extent they are otherwise qualified, for federally financed summer employment in federally funded research and development centers that complements and reinforces their educational program. Requires Federal agencies to participate actively in providing appropriate summer employment opportunities for such students. Repeals provisions of the Excellence in Mathematics, Science, and Engineering Education Act of 1990 which currently authorize the National Science Scholars Program. Subpart 6: Special Programs for Students Whose Families Are Engaged in Migrant and Seasonal Farmwork - Revises the Special Programs for Students Whose Families Are Engaged in Migrant and Seasonal Farmwork. Renames certain grants as grants to build the program capacity of educational agencies, institutions, and organizations to operate high school equivalency programs (HEP) and college assistance migrant programs (CAMP) for migrant students. Makes State and local educational agencies (as well as as institutions of higher education and private nonprofit organizations) eligible for such HEP grants. Allows provision of HEP services to individuals 16 years of age or older, or beyond the State age of compulsory school attendance, and not currently enrolled in school. (Current laws requires 17 years of age or over.) Limits authorized CAMP services, with specified exceptions, to those services necessary to assist migrant students in completing their first year of college. Requires CAMP grantees to provide follow-up services for migrant students after their first year of college. Authorizes use of up to ten percent of the CAMP grant for such follow-up services. Requires such follow-up services to include: (1) monitoring and reporting on student academic progress; and (2) referring students to providers of counseling services, academic assistance, or financial aid. Requires each project application to include a long-range management plan describing how the applicant will, over the grant period, gradually assume financial responsibility to provide services substantially similar to those proposed in the application. Requires the Secretary in making grants, to consider the geographic distribution of the persons to be served by grantees. Requires grant awards to be one-time, nonrenewable grants for: (1) a five-year period for first-time grantees; and (2) a three-year period for previous grantees. Provides for a Federal share of 90 percent in the first year, declining to 50 percent in the last year of such grants. Retains the $150,000 minimum allocation for each project. Extends the authorization of appropriations for the the HEP and CAMP programs. Subpart 7: Robert C. Byrd Honors Scholarship Program - Revises the Robert C. Byrd Honors Scholarship Program, particularly the formula for allocation of such scholarship program funds among States. Bases such allocation on relative population ages five through 17. Provides that each State shall receive at least ten scholarships. Allocates to the State $1,500 per scholarship. Eliminates a requirement that ten such scholars be selected for each congressional district. Requires the State education agency to adopt selection procedures to ensure an equitable geographic distribution of awards within the State. Eliminates requirements for an award ceremony. Extends the authorization of appropriations for the Robert C. Byrd Honors Scholarship Program. Part B: Guaranteed Student Loans - Revises the Robert T. Stafford Student Loan program. Extends the authorization for, and the amount of, new loan principal that may be made to students covered by Federal loan insurance. Increases the annual and aggregate loan limits under the Stafford loan and the Supplemental Loans for Students (SLS) programs. Requires lenders to: (1) offer Stafford and SLS loan borrowers the option of repaying such loans on a graduated repayment schedule under specified conditions; (2) obtain the borrower's authorization for entry of judgment against the borrower in the event of default; and (3) obtain the borrower's driver's license number, if any, at the time of loan application (for the parent loan PLUS program, as well). Eliminates a provision which allowed an institution to refuse to certify a student's eligibility for a loan, or allowed it to certify a lesser amount, under specified conditions. Revises loan deferment provisions. Retains deferment while the borrower is in specified courses of study. Replaces the various current categorical deferments with a hardship deferment of up to three years in the aggregate. Requires the lender to grant specified forbearance if the borrower is a Peace Corps or VISTA volunteer does not qualify for such hardship deferment. Revises provisions for Federal reinsurance coverage. Revises the period in which guaranty agencies must file reinsurance claims. Revises requirements for calculation and payment of such reinsurance. Requires in the case of Stafford, SLS, and PLUS loan applicants over age 21, that the lender: (1) obtain a credit report; and (2) require a cosigner for such applicants who have adverse credit histories. Allows the lender to charge such applicants for the actual cost of such credit reports, up to $25. Requires a 60-day delayed disbursement of Stafford or SLS loans to first-year undergraduates at institutions with default rates of 30 percent or greater. (Retains the current 30-day delayed disbursement for first-year undergraduates at institutions with default rates less than 30 percent.) Revises provisions for eligibility limitations, suspensions, terminations, other hearing procedures, and fines for lenders or institutions that violate program requirements. Sets forth conflict-of-interest restrictions on guaranty agency officers and employers. Prohibits any guaranty agency from permitting any of its officers or employees, or any member of their immediate families, to have a direct financial interest in, or serve as an officer or employee of, any lender, secondary market, contractor, or service with which the guaranty agency does business. Includes financial information among the information the Secretary may reasonably require from a guaranty agency to carry out the student loan programs and protect the U.S. financial interest. Revises the administrative cost and collection retention allowances for guaranty agencies. Revises provisions for oversight of guaranty agencies. Authorizes the Secretary to require a guaranty agency to submit and implement a management plan if the ratio of its reserve funds to outstanding guarantees is less than a set level, or if its administrative or financial condition jeopardizes its continued ability to perform its responsibilities under its guaranty agreement. Authorizes the Secretary to terminate the guaranty agreement with any agency that fails to submit an acceptable management plan or fails to improve substantially its condition in accordance with such a plan. Authorizes the Secretary to assume guaranty agency functions of agencies whose agreements are terminated by the Secretary or themselves. Limits the Secretary's liability for any outstanding liabilities of a guaranty agency, the functions of which the Secretary has assumed, to the fair market value of assets assigned by the agency to the Secretary, minus any necessary liquidation or administrative costs. Requires State backing of designated guaranty agencies. Requires each State to guarantee, with its full faith and credit or the equivalent, all student loans guaranteed by the guaranty agency designated for that State for borrowers attending eligible institutions in that State. Provides that a State may elect to guarantee, in addition, student loans guaranteed by any other guarantee agency for borrowers who are attending eligible institutions in that State. Requires the State, if such a guaranty agency backed by the State is unable to discharge its insurance obligation, to be responsible for discharging them, as well as administrative costs associated with transferring the guaranty agency's operations to another entity. Directs the Secretary, if a State discharges such insurance obligations, to pay the State the amount the guaranty agency would otherwise have received as reimbursement. Directs the Secretary, unless a State demonstrates by January 1, 1994, that it is backing the designated guaranty agency, to assess institutions of higher education participating in the student loan program that are located in that State a fee based on the risk of financial loss to the Federal Government that the State would otherwise assume. Requires such fees to be deposited in the student loan insurance fund. Requires a State to pay a share of default costs in specified circumstances. Allows a State to charge a fee to an institution of higher education in the State participating in the loan program according to an approved fee structure based on the institution's cohort default rates and the State's risk of loss under such requirement Eliminates the student loan program eligibility of foreign institutions (but not of study abroad that is part of the curriculum of U.S. institutions). Revises the definition of cohort default rate. Reduces the special allowance rates for holders of loans for which the cohort default rate exceeds 20 percent. Requires the Student Loan Marketing Association (Sallie Mae) to notify the Secretary, within 15 days, when: (1) it makes a loan or extends any other form of credit to a guaranty agency; (2) its cumulative loans or other forms of credit outstanding to any one lender exceed $50,000,000; or (3) it makes any additional loans or other forms of credit to a lender whose cumulative outstanding loans from it exceed $50,000,000. Requires Sallie Mae's annual report on its operations and activities: (1) to be submitted to the Secretary and the Congress (currently the President and the Congress); and (2) to include specific information regarding its investments and debts, the characteristics of its student loan portfolio, and other data which the Secretary may reasonably require. Part C: Work-Study Programs - Extends the authorization of appropriations for Work-Study Programs (but reduces the amount of such funding). Lowers the maximum Federal share of the the compensation of students employed in the work-study program to 50 percent for FY 1992 and succeeding fiscal years. (Current law sets it at 70 percent for academic year 1990-1991 and succeeding academic years.) Eliminates special incentives (such as increased Federal administrative allowance and increased Federal share of student compensation for community service-learning jobs under the work-study program. Lowers the maximum Federal share of the cost of any job location and development program, under the work-study program from 80 percent to 50 percent. Prohibits students attending proprietary institutions of higher education from being employed by such institutions under the work-study program (but allows them to participate in work-study program employment by a government agency or a private nonprofit organization). Reduces from $200 to $100 the amount of work-study program compensation in excess of need that a student may receive. Eliminates provisions for private sector employment agreements under the work-study program. Part D: Income Contingent Loan Program - Extends through FY 1996 the authorization of appropriations for the Income Contingent Direct Loan Program (ICL program) (and increases the amount of such funding). Eliminates the limitation that the Secretary may not enter into ICL agreements with more than ten institutions of higher education. Makes consortia of institutions of higher education (as well as single institutions) eligible to participate in the ICL program. Provides for an aggregate ICL loan limit of $50,000 for individual graduate and professional students, including any such loans made to such persons before they become graduate or professional students. Provides for an annual limit of $10,000 on ICL loans to graduate and professional students. (Retains current limits for undergraduates.) Requires ICL applicants to provide their driver license number, if any. Requires institutions to: (1) obtain a credit report on any ICL applicant over age 21; and (2) require any such applicant with an adverse credit history to obtain a cosigner. Requires the Secretary to report to the Congress on the cost-effectiveness of the ICL program, its impact on participating institutions and students, and the feasibility of extending it to a loan program of general applicability. Part E: Perkins Loan Program - Authorizes appropriations for the Perkins Loan Program, but only for reimbursement of institutions for Perkins loans that are cancelled for certain public service. Terminates the authorization of appropriations for: (1) Federal contributions to student loan funds established under such program; and (2) continuation loans to certain students who have received earlier Perkins Loans. Revises provisions for terms of such loans and cancellation for public service. Extends provisions for distribution of assets from such student loan funds. Repeals provisions for allocation of funds. Part F: Need Analysis - Revises provisions for need analysis to apply them to all need-based student assistance programs, including Pell Grants (which currently have a separate need analysis system). Revises the definitions of cost of attendance and family contribution, as well as provisions for data elements used in determining the expected family contribution. Revises the formula for calculation of the expected family contribution for a dependent student to eliminate references to the student's spouse. Allows application of any parents' negative available income: (1) to reduce the parents' income supplement amount from assets; and (2) if there is any negative amount remaining after that is reduced to zero, to increase the allowances against the dependent student's income. Revises the minimum dependent student contribution to be the greater of: (1) specified amounts that vary according to family total income; or (2) 70 percent of the student's total income, minus the adjustment to student income. Eliminates certain exceptions to the general need analysis calculation for dislocated workers and displaced homemakers. Excludes from the calculation of net worth the net value of the principal place of residence for the families of dependent students and for independent students, if their adjusted gross income is less than $20,000. Revises the tables for determination of standard maintenance allowance, employment expense allowance, adjusted net worth of business and of farm, asset protection allowance, and parents' assessment from available income. Revises the asset protection allowance to provide for consideration of the average age of both parents. Revises provisions for family contribution for married or single independent students without dependents (including various revisions similar to those described for dependent students). Includes married, as well as unmarried, students under this category of independent students without dependents. Revises provisions for minimum student contribution under this category. Revises tables for determining various allowances and other factors. Revises provisions relating to the family contribution for married or single independent students with dependents (including provisions similiar to those in other categories). Revises tables for determining various allowances and other factors. Eliminates certain restrictions on the Secretary's authority to prescribe regulations to carry out need analysis requirements. Revises provisions relating to development of revised tables of assessment rates for purposes of such need analysis. Authorizes the Secretary to prescribe regulations specifying situations in which the data elements considered in determining a student's expected family contribution may be modified to accommodate the special circumstances of the student. Part G: General Provisions - Revises general provisions relating to student assistance programs. Includes as an institution of higher education for the student assistance programs any institution that provides programs of at least six months (or 600 clock hours) that prepare students for gainful employment in recognized occupations, and that has been in existence for at least two years. Makes ineligible for student assistance program participation for specified periods any institution whose cohort default rate equals or exceeds a specified threshold percentage. Revises provisions for proprietary institutions of higher education. Authorizes the Secretary, if a particular category of proprietary institution does not meet specified student assistance program requirements because there is no nationally recognized accrediting agency or association qualified to accredit such institutions, to: (1) appoint an advisory committee to recommend qualifying standards; and (2) determine whether the particular schools meet them. Provides for reduction of student assistance loan award maximums for short-term programs. Revises provisions relating to a master calendar. Revises provisions for a common financial reporting form for determination of expected family contribution. Requires students, in order to remain eligible for assistance, to satisfy specified minimum academic achievement standards, including an academic standing above the bottom ten percent of their postsecondary class. Directs the Secretary to implement a system of verification of immigration status. Revises requirements for borrower information to be submitted to the institution during the exit interview. Eliminates certain provisions for training in financial aid and student support services. Requires any institution participating in any student assistance program to have in effect a fair and equitable refund policy and to provide a written statement of it, with examples, to prospective students. Revises provisions for student assistance program participation agreements. Requires the institution to acknowledge the authority of the Secretary, guaranty agencies, accrediting agencies, and State licensing bodies to share with each other any information pertaining to the institution's eligibility to participate in such programs. Prohibits institutions from providing any incentive payments for securing enrollments to any persons or entities engaged in any student recruiting or admission activities or in making decisions regarding the award of student financial assistance. Eliminates the requirement that hearings be on the record, with respect to program participation limitation, suspension, or termination procedures. Authorizes the Secretary to conditionally certify an institution's eligibility to participate in student assistance programs, under specified circumstances. Provides for loan collection wage garnishment. Authorizes a guaranty agency, or the Secretary where appropriate, to garnish the disposable pay of an individual to collect the amount owed or the required repayment, subject to certain conditions. Provides for data matching. Authorizes the Secretary to obtain from Federal or State agencies specified information relating to an individual for student loan collection purposes. Directs the Secretary of Labor to enter into an agreement to provide prompt access for the Secretary to wage and unemployment compensation claims information and data maintained by or for the Department of Labor or State employment security agencies. Subjects to specified criminal penalties attempts to commit specified offenses. Amends the Higher Education Technical Amendments of 1991 to make permanent the elimination of limitations on actions to collect defaulted student loans or grant overpayments. Title V: Education Recruitment, Retention, and Development - Establishes a new Partnerships for Innovative Teacher Education program, replacing the current Midcareer Teacher Training for Nontraditional Students program. Authorizes the Secretary to make grants to and contracts with State and local educational agencies, institutions of higher education, and consortia of such institutions and agencies to plan, establish, and operate teaching schools to develop and put into practice the best knowledge about teaching. Provides that such awards shall be for a term of three years, with renewals for two additional years under specified conditions. Provides for applications, priorities, uses of funds by award recipients, and authorized activities of such teaching schools. Authorizes appropriations. Sets the Federal share at 75 percent for the first three years and 50 percent for the final two years. Repeals provisions for School, College, and University Partnerships. Retains Professional Development and Leadership Programs. Authorizes appropriations to complete the final year of funding for the territories under provisions for Leadership in Educational Administration Development. Repeals provisions for Professional Development Resource Centers and Leadership in Educational Administration Development. Retains Teacher Scholarships and Fellowships. Renames the Congressional Teacher Scholarship Programs the Paul Douglas Teacher Scholarship Program. Makes such scholarships available to outstanding high school graduates who demonstrate an interest in teaching. Authorizes appropriations. Revises requirements for the teaching service obligation of certain scholarship recipients, repayment conditions, assurances of pursuing a teaching career, and maintenance of academic achievement. Revises the Christa McAuliffe Fellowship Program to authorize appropriations. Bases allotment of funds on the number of public school teachers in each State and other specified jurisdictions. Authorizes the Secretary, in extraordinary circumstances, to waive or defer all or a portion of the service requirement, or to allow fellows to fulfill their service requirement by teaching in another school or school district. Requires States, in making fellowship awards, to give priority to applicants proposing fellowship projects involving pursuit of eligible activities on a full-time basis as part of a sabbatical. Eliminates the requirement that announcement of such awards be made in a public ceremony. Repeals provisions for State Task Forces on Teacher Training. Title VI: International Education Programs - Revises the International and Foreign Language Studies program for graduate and undergraduate language and area centers to eliminate stipends and allowances for: (1) individuals undergoing advanced training; and (2) students beginning their third year of graduate training. Repeals provisions for grants to institutions of higher education or public or private nonprofit library institutions or consortia to acquire, maintain bibliographic data on, preserve, and make available to researchers and scholars certain periodicals published outside the United States which are not commonly held by U.S. academic libraries. Authorizes appropriations to carry out International Education Programs. Title VII: College Facilities Loans and Insurance - Revises and redesignates the Construction, Reconstruction, and Renovation of Academic Facilities Loans and Insurance program to: (1) provide higher education institutions with access to private capital construction debt through the College Construction Loan Insurance Association; and (2) provide for servicing of the remaining loan portfolio of the Higher Education Facilities Loans, College Housing Loans, and College Housing and Academic Facilities Loans authorized before the effective date of this Act. Repeals the authorization of appropriations and other provisions for: (1) Grants for the Construction, Reconstruction, and Renovation of Undergraduate Academic Facilities; (2) Grants for Construction, Reconstruction, and Renovation of Graduate Academic Facilities; (3) Loans for Construction, Reconstruction, and Renovation of Academic Facilities; (4) Grants to Pay Interest on Debt; (5) Housing and Other Educational Facilities Loans; and (6) Special Programs. Authorizes appropriations for remaining programs. Title VIII: Cooperative Education - Extends the authorization of appropriations for Cooperative Education (but reduces the amount of such funding). Eliminates certain reservations of funds for specified categories of projects. (Retains the current division of 75 percent of funds for grants for cooperative education programs and 25 percent for demonstration and innovation projects, training and resource centers, and research.) Defines cooperative education as the provision of alternating or parallel periods of academic study and public and private employment in order to give students work experience related to their academic or occupational objectives and an opportunity to earn the funds necessary for continuing and completing their education. Revises matching requirements for cooperative education grants. Requires grant applicants to describe fiscal support plans to ensure that such programs shall continue beyond the five-year period of Federal assistance at not less than the level of expenditures for the initial year of Federal assistance. Authorizes the Secretary to elect not to make a continuation award to a fund recipient that has failed to maintain such fiscal effort in years after the grant period. Requires each recipient to document to the Secretary its maintenance of fiscal effort beyond the five-year period of Federal assistance. Revises grant application requirements to require descriptions of: (1) the extent to which programs in the academic discipline for which the application is made have had a favorable reception by public and private sector employers; and (2) the plans the applicant will carry out to evaluate their cooperative education program at the end of the grant period. Eliminates certain factors for special consideration of applications. Directs the Secretary to give special consideration to applications which demonstrate a commitment to serving disadvantaged students and students with disabilities. Revises provisions relating to the duration of grants. Provides that: (1) only institutions that have received such a grant before enactment of this Act shall be eligible to receive one additional continuation grant of not more than five years; and (2) all other institutions may receive only a single five-year grant. Revises provisions for training and resource centers to provide that their improvement of materials used in cooperative education programs shall take place in conjunction with other specified activities. Title IX: Postsecondary Improvement Programs - Revises provisions for the Fund for the Improvement of Postsecondary Education (FIPSE). Repeals consultation provisions which prohibit any FIPSE grant or contract unless it has been submitted to the appropriate State entity and that entity has had an opportunity to submit comments and recommendations to the Secretary. Specifies that the Secretary appoints the Director of the National Board of FIPSE. Revises Board functions and repeals a requirement for a minimum number of Board meetings annually. Eliminates provisions requiring the Director to establish grant and contract review and evaluation procedures, and prohibiting such procedures from being subject to any review outside of officials responsible for FIPSE administration. Extends the authorization of appropriations for the FIPSE program. Revises and renames the Minority Science and Engineering Programs the Minority Science Improvement Program. Repeals a requirement that the Secretary submit to the Congress an annual list of grantees. Directs the Secretary in cooperation with the heads of other Federal departments and agencies that operate programs similar to the Minority Science Improvement Program, to report to the President before 1995, summarizing and evaluating those programs. Repeals provisions for Science and Engineering Access Programs. Requires grant recipients, in order to remain eligible to receive funds, to demonstrate to the Secretary that they are making reasonable progress toward achieving the project goals. Repeals specified provisions: (1) relating to procedures for grant and contract review; and (2) for the Advisory Board for the Minority Science and Engineering Improvement Programs. Extends the authorization of appropriations for the Minority Science Improvement Program. (Eliminates provisions allocating funds and providing an additional appropriation for new activities specifically aimed at increasing the participation of minority students in scientific and engineering research careers.) Revises and renames the Innovative Projects for Community Services and Student Financial Independence programs the Innovative Projects for Community Services, whose purpose shall be to support innovative projects to encourage student participation in community service projects, including literacy projects. Provides that the Secretary (rather than the FIPSE Board Director) shall establish the procedures under which the FIPSE Board approves Innovative Projects grant and contract applications. Extends the authorization of appropriations for Innovative Projects for Community Services (and increases the amount of such funding to reflect the incorporation of certain functions of the Student Literacy Corps eliminated by this Act). Title X: Partnerships for Economic Development and Urban Community Service - Repeals the Partnerships for Economic Development and Community Service program. Title XI: General Provisions - Revises the definition of institution of higher education. Requires such institutions, in order to be eligible to participate in HEA programs, to comply with such minimum State licensing standards as the Secretary may prescribe by regulation and which the relevant State licensing body is to impose upon institutions it licenses. Revises the alternative accreditation process. Authorizes the Secretary, if a particular category of institutions is not accredited because no nationally recognized accrediting agency or association is qualified to do so, to appoint an advisory committee to: (1) recommend standards to qualify institutions in such category to participate in HEA programs; and (2) review whether particular institutions meet such standards. Requires an institution, if it is accredited by more than one accrediting body, to designate, for HEA eligibility purposes, one such body as it primary accreditor, on either an institutionwide or program basis. Deems such an institution no longer accredited for purposes of HEA eligibility for a 24-month period if its accreditation is terminated for cause by the primary accreditor, or if it withdraws from such accreditation voluntarily under a show cause or suspension order, unless such accreditation is restored by the same accreditor during such 24-month period. Revises provisions relating to treatment of territories and territorial student assistance. Changes from mandatory to discretionary the Secretary's authority to waive the eligibility criteria of any postsecondary education program administered by the Department of Education where such criteria does not take into account the unique circumstances of specified U.S. territories. Eliminates provisions for: (1) promulgation of certain regulations; and (2) an authorization of appropriations for supporting the cost of providing postsecondary education programs on Guam for nonresident students from specified U.S. territories. Extends the authorization for the continued existence of the National Advisory Committee on Accreditation and Institutional Eligibility. Revises provisions for peer review of applications to authorize the Secretary to use up to one-half of one percent of appropriations, for discretionay grants, contracts, or cooperative agreements to provide for the panels of readers required to review the applications for such grants, contracts, and agreements. Provides for sharing of institutional eligibility information by the Secretary, guaranty agencies, accrediting agencies, and State licensing bodies. Makes ineligible for any HEA assistance any individual who is in default on any loan made, insured, or guaranteed by the Federal Government, unless satisfactory repayment arrangements are made. Repeals provisions for: (1) a Joint Study Commission on Postsecondary Institutional Recognition; and (2) regional technology transfer centers. Title XII: Effective Dates - Sets forth effective dates for various provisions of this Act.

Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1992

United States · United States Congress · 11 June 1991

Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1992 - Title I: Department of Justice and Related Agencies - Department of Justice and Related Agencies Appropriations Act, 1992 - Makes FY 1992 appropriations to the Department of Justice for: (1) Office of Justice programs; (2) general administration, including the Office of Inspector General; (3) the United States Parole Commission; (4) legal activities; (5) interagency law enforcement; (6) the Federal Bureau of Investigation (FBI); (7) the Drug Enforcement Administration (DEA); (8) the Immigration and Naturalization Service; and (9) the Federal Prison System. Allows a percentage of the total income of the Working Capital Fund to be retained for the acquisition of capital equipment and for the improvement and implementation of the Department's financial management and payroll/personnel systems. Allows unobligated balances for FY 1992 to be transferred to such Fund for such purposes. Amends the Immigration and Nationality Act to make funds available from the Immigration Legalization Fund for grants, contracts, and cooperative agreements to community-based organizations for outreach programs to be administered by the Office of Special Counsel for Immigration-Related Unfair Employment Practices. Authorizes the Federal Prison Industries, Incorporated, to make expenditures within the limits of funds and borrowing authority available to carry out its program. Limits the administrative expenses of such corporation. Continues certain authorities for FBI and DEA undercover investigative operations. Prohibits the use of funds to pay for an abortion, except where the life of the mother would be endangered if the fetus were carried to term or in the case of rape. Prohibits the use of funds to require any person to perform, or facilitate the performance of, any abortion. Makes appropriations for the following related agencies for FY 1992: (1) the Commission on Civil Rights; (2) the Equal Employment Opportunity Commission; (3) the Federal Communications Commission; (4) the Federal Maritime Commission; (5) the Federal Trade Commission; (6) the Securities and Exchange Commission; and (7) the State Justice Institute. Title II: Department of Commerce - Department of Commerce Appropriations Act, 1992 - Makes FY 1992 appropriations to the Department of Commerce for: (1) the National Institute of Standards and Technology; (2) the National Oceanic and Atmospheric Administration; (3) general administration, including the Office of Inspector General; (4) the Bureau of the Census; (5) economic and statistical analysis; (6) the International Trade Administration; (7) export administration; (8) the Minority Business Development Agency; (9) the United States Travel and Tourism Administration; (10) the Patent and Trademark Office; (11) the Technology Administration; (12) the National Telecommunications and Information Administration; and (13) the Economic Development Administration. Prohibits the use of funds under this Act to support the hurricane reconnaissance aircraft and activities that are under the control of the United States Air Force or the United States Air Force Reserve. Prohibits the use of funds to reimburse the Unemployment Trust Fund or any other account of the Treasury to pay unemployment compensation for temporary census workers for services performed after April 20, 1990. Sets forth conditions under which foreign companies are eligible to receive assistance under the Advanced Technology program. Title III: The Judiciary - Judiciary Appropriations Act, 1992 - Appropriates FY 1992 funds for activities of the Judiciary, including: (1) the Supreme Court; (2) the U.S. Court of Appeals for the Federal Circuit; (3) the U.S. Court of International Trade; (4) the Courts of Appeals, district courts, and judicial services; (5) the Administrative Office of the United States Courts; (6) the Federal Judicial Center; and (7) the U.S. Sentencing Commission. Makes funds available for the Temporary Emergency Court of Appeals and the Special Court established under the Regional Rail Reorganization Act of 1973. Directs the Judicial Conference of the United States to prescribe reasonable fees for public access to case information through automatic data processing equipment. Title IV: Related Agencies - Appropriates FY 1992 funds for: (1) the Maritime Administration of the Department of Transportation; (2) the Christopher Columbus Quincentenary Jubilee Commission; (3) the Commission on Agricultural Workers; (4) the Commission on the Bicentennial of the United States Constitution; (5) the Commission on Security and Cooperation in Europe; (6) the Competitiveness Policy Council; (7) the Marine Mammal Commission; (8) the Martin Luther King, Jr. Federal Holiday Commission; (9) the Office of the United States Trade Representative; (10) the Legal Services Corporation; and (11) the Small Business Administration. Title V: Department of State and Related Agencies - Department of State and Related Agencies Appropriations Act, 1992 - Appropriates FY 1992 funds for: (1) the Department of State for the administration of foreign affairs; (2) the Arms Control and Disarmament Agency; (3) the Board for International Broadcasting; (4) the Commission for the Preservation of America's Heritage Abroad; (5) the International Trade Commission; (6) the Japan-United States Friendship Commission; (7) the United States Information Agency; and (8) the Eisenhower Exchange Fellowship Program. Title VI: General Provisions - Sets forth limitations and prohibitions on the use of funds appropriated by this Act. Requires FY 1992 pay raises to be absorbed within the levels appropriated in this Act. Prohibits the use of funds to implement the Chief Financial Officers Act of 1990 (Public Law 101-576).

Biden-Thurmond Violent Crime Control Act of 1991

United States · United States Congress · 6 June 1991

Violent Crime Control Act of 1991 - Title I: Safer Streets and Neighborhoods - Safer Streets and Neighborhood Act of 1991 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 (Omnibus Act) to: (1) authorize appropriations ($1,000,000,000 for FY 1992 and such sums as necessary in FY 1993 and 1994) for grants to State and local law enforcement agencies; and (2) continue the Federal-State funding formula for such agencies for FY 1992. Title II: Death Penalty - Federal Death Penalty Act of 1991 - Amends the Federal criminal code to establish criteria for the imposition of the death penalty for Federal crimes. Requires the Government, for any offense punishable by death, to serve notice upon the defendant a reasonable time before trial or acceptance of a plea, of its intention to seek the death penalty and of the aggravating factors upon which it will rely. Requires a separate sentencing hearing before a jury, or the court upon motion by the defendant, when the defendant is found guilty or pleads guilty to an offense punishable by death. Allows the defendant and the Government to present any information relevant to sentencing, without regard to the rules of evidence, but permits information to be excluded where its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury. Specifies mitigating factors which the defendant must establish by a preponderance of the information and aggravating factors which the Government must prove beyond a reasonable doubt. Includes as threshold aggravating factors for homicide that the defendant: (1) intentionally killed the victim; (2) intentionally inflicted serious bodily injury which resulted in the death of the victim; (3) intentionally participated in an act, contemplating that the life of a person would be taken, and the victim died as a direct result of the act; (4) attempted to kill the President of the United States; or (5) intentionally engaged in an act constituting reckless disregard for human life, knowing that the act created a grave risk of death to someone other than the participants, and the victim died as a direct result of the act. Sets forth special aggravating factors with respect to the crimes of treason, espionage, homicide, and attempted murder of the President. States that no person who was less than 18 years of age at the time of the offense may be sentenced to death. Prohibits the execution of mentally retarded persons or pregnant women. Directs the court, or the jury by unanimous vote, to impose the death penalty upon a finding that such sentence is justified based on consideration of both the aggravating and mitigating factors. Requires the court to instruct the jury: (1) not to consider the race, color, national origin, creed, or sex of the defendant or any victim in its consideration of the sentence; and (2) that it is not required to return a death sentence. Establishes procedures for appeal from a death sentence. Requires the Court of Appeals to review the record, address all substantive and procedural issues raised on appeal, and consider whether such sentence was imposed under the influence of passion, prejudice, or any other arbitrary factor and whether the evidence supports the special finding of the existence of the required aggravating factor. Specifies that whenever such court finds that the sentence was imposed under such influence, the admissible evidence adduced does not support such special finding, or other legal error requires reversal of the sentence, the court shall remand the case for reconsideration or impose a sentence other than death (and, in any other case, remand for reconsideration.) Requires the court to provide a written explanation of its determination. Prohibits requiring any employee of any State department of corrections, the Federal Bureau of Prisons, or any provider of services under contract to participate in any execution if participation is contrary to his or her moral or religious convictions. Bars the imposition of a death sentence for a death-eligible offense committed in Indian country unless the Indian tribe having criminal jurisdiction over land and persons subject to such jurisdiction has elected to have this title apply in such cases. Limits the circumstances under which the offense of delivering defense information to aid foreign governments is punishable by death. Provides for the imposition of the death penalty for: (1) murders committed by prisoners in Federal correctional institutions; (2) kidnappings which result in the death of any person; (3) attempting to kill the President of the United States (if such attempt results in bodily injury or comes dangerously close to causing the President's death); (4) murder for hire; (5) murder in the aid of a racketeering activity; (6) engaging in a criminal enterprise activity which results in death; and (7) other specified offenses, including civil rights murders and certain murders involving damage to religious property or obstruction of persons in the free exercise of religious beliefs. Racial Justice Act of 1991 - Amends the Federal judicial code to prohibit the imposition or execution of sentences of death under color of State or Federal law in a racially discriminatory pattern. Specifies that to establish such a pattern: (1) ordinary methods of statistical proof shall suffice; and (2) it shall not be necessary to show discriminatory intent on the part of any individual or institution. Specifies that: (1) to establish a prima facie showing of a racially discriminatory pattern it shall suffice that death sentences are being imposed or executed upon persons of one race with a frequency disproportionate to their representation among the number of persons arrested for, charged with, or convicted of death-eligible crimes, or as punishment for crimes against persons of one race with a frequency that is disproportionate to their representation among persons against whom death-eligible crimes have been committed; and (2) to rebut such a showing, a State or Federal entity must establish by clear and convincing evidence that identifiable and pertinent nonracial factors persuasively explain the observable racial disparities comprising the pattern. Requires any State or Federal entity that provides for the death penalty to designate a central agency to collect and maintain pertinent data on the charging, disposition, and sentencing patterns for all cases of death-eligible crimes. Directs each such entity to: (1) monitor compliance by local officials and agencies; (2) devise and distribute to every local official or agency responsible for the investigation or prosecution of death-eligible crimes a standard form to collect pertinent data; (3) maintain, compile, and index such forms and data and make them available to the public; (4) maintain a centralized, alphabetically indexed file of all police and investigative reports transmitted to it by local officials or agencies in every case of death-eligible crime; and (5) allow access to its file of police and investigative reports to the counsel of record for persons charged with death-eligible crimes. Requires each local official responsible for the investigation or prosecution of death-eligible crimes to: (1) complete such form on every case of death-eligible crime; (2) transmit such form to the central agency within three months after disposition of each such case; and (3) transmit to such agency a copy of all police and investigative reports made in connection with each case of death-eligible crime. Requires such data to include, at a minimum: (1) pertinent demographic information on all persons charged with the crime and all victims (including race, sex, age, and national origin); (2) information on the principal features of the crime; (3) information on the aggravating and mitigating factors of the crime, including the background and character of every person charged with the crime; and (4) a narrative summary of the crime. Requires the court to appoint counsel for those financially unable to retain counsel and to furnish investigative, expert, or other services as necessary for the development of the claim of any such person, subject to certain limitations. Specifies that no determination on the merits of a factual issue made by a State court pertinent to any claim under this Act shall be presumed to be correct unless: (1) the State is in compliance with the provisions of this Act; (2) the determination was made in a proceeding in a State court in which the person asserting the claim was afforded rights to counsel and to the furnishing of investigative, expert, and other such services which were substantially equivalent to those provided in this Act; and (3) the determination is one which is otherwise entitled to be presumed correct under the criteria specified under Federal habeas corpus provisions. Title III: Death Penalty for Murder of Law Enforcement Officer Act - Authorizes the death penalty for the murder of: (1) Federal law enforcement officials; and (2) State law enforcement officers working with Federal agents. Title IV: Death Penalty for Drug Criminals Act - Death Penalty for Drug Criminals Act of 1991 - Amends the Controlled Substances Act (CSA) to authorize the death penalty for first degree murders committed in the course of: (1) drug distribution conspiracies; (2) drug import and export conspiracies; (3) drug distribution to minors, near schools, or while employing minors; and (4) export, import, or distribution of major quantities of drugs. Title V: Prevention and Punishment of Terrorist Acts - Subtitle A: Aviation Terrorism - Amends the Federal criminal code to set forth penalties for performing or attempting an act of violence against a person at an airport serving international civil aviation which causes or is likely to cause serious injury or death; destroying or seriously damaging the facilities of, or a civil aircraft not in service at, such airport; or disrupting the services of such airport, if such an act endangers or is likely to endanger safety. Amends the Federal Aviation Act to delete a limitation on the applicability of aircraft piracy provisions to situations where the place of takeoff or of actual landing of the aircraft on board which the offense is committed is situated outside the territory of the State of registration of such aircraft. Makes the willful violation of certain Federal Aviation Administration regulations relating to airport and airline security punishable by a fine, imprisonment for up to one year, or both. Subtitle B: Maritime Terrorism - Act for the Prevention and Punishment of Violence Against Maritime Navigation and Fixed Platforms - Amends the Federal criminal code to establish penalties for acts of violence against maritime navigation, such as seizing control of a ship by force, threat, or intimidation, performing acts of violence against persons on board a ship that are likely to endanger safe navigation, and destroying or seriously damaging maritime navigational facilities that are likely to endanger safe navigation. Sets forth analogous provisions with respect to maritime fixed platforms. Declares that all the territorial sea of the United States, as defined by Presidential Proclamation 5928 of December 27, 1988: (1) is part of the United States, subject to its sovereignty; and (2) for purposes of Federal criminal jurisdiction, is within the special maritime and territorial jurisdiction of the United States. Sets forth additional provisions with respect to U.S. jurisdiction over the territorial sea and over crimes against U.S. nationals on foreign vessels. Subtitle C: Terrorism Offenses and Sanctions - Establishes criminal penalties for: (1) committing, or attempting to commit, torture outside the United States (with jurisdiction over the prohibited activity if the alleged offender is a U.S. national or is present in the United States, irrespective of the nationality of the victim or the alleged offender); (2) using weapons of mass destruction against a U.S. national outside of the United States, any person within the United States, or any property that is owned, leased, or used by the United States or any U.S. department or agency; and (3) committing certain homicides and attempted homicides involving firearms in Federal facilities. Increases penalties for international terrorist acts. Provides for the imposition of the death penalty for terrorist murders. Subtitle D: Preventing Domestic and International Terrorist Acts - Part I: Attacking the Infrastructure of Terrorist Organizations - Makes it a Federal criminal offense for an individual, within the United States and acting as an agent of a foreign power, to provide material support or resources (including currency, securities, communications equipment, facilities, weapons, personnel, and other physical assets), or to conceal or disguise the nature, location, source, or ownership of such support or resources, knowing that such resources or support are intended to be used to commit a terrorist act. Provides for the civil and criminal seizure and forfeiture of any real or personal property used or intended for use for, or constituting or derived from the gross profits or other proceeds obtained from, specified violations related to terrorist acts, or to facilitate the concealment or an escape from the commission of such violations. Part II: Cooperation of Witnesses in Terrorist Investigations - Alien Witness Cooperation Act of 1991 - Authorizes the Attorney General to waive immigration admission, and other legal, requirements and grant permanent resident status for alien witnesses who cooperate with the Government in Federal or State prosecutions. Bars the granting of such status to an alien who would be excluded because of felony convictions unless the Attorney General determines that the granting of such status to such alien is necessary in the interests of justice and comports with the safety of the community. Limits the number of aliens and members of their immediate families entering the United States under such authority to 200 persons in any single fiscal year. Makes the decision to grant or deny permanent resident status under this Act at the discretion of the Attorney General and not subject to judicial review. Subtitle E: Preventing Economic Terrorism - Makes it a Federal criminal offense to counterfeit, or to make, deal, or possess any plate or other item used in the counterfeiting of, U.S. securities abroad. Establishes an Economic Terrorism Task Force to: (1) assess the threat of terrorist actions directed against the U.S. economy and the adequacy of existing policies and procedures designed to prevent such actions; and (2) recommend administrative and legislative responses to prevent such actions. Sets forth provisions: (1) regarding the makeup of such Task Force; (2) making provisions of the Federal Advisory Committee Act inapplicable to such Task Force; and (3) establishing reporting requirements. Specifies that if the report of the Task Force is classified, an unclassified version shall be prepared for public distribution. Subtitle F: Authorizations to Expand Counter-Terrorist Operations by Federal Agencies - Authorizes appropriations for counter-terrorist operations and programs. Title VI: Drive-By-Shooting Act - Drive-By-Shooting Prevention Act of 1991 - Sets penalties for any individual who, in furtherance or to escape detection of a major drug offense, with intent to intimidate, harass, injure, or maim, fires a weapon into a group of two or more people causing: (1) grave risk to human life (a fine and up to 25 years' imprisonment); or (2) death (a fine, life imprisonment, or, in a case of first degree murder, a sentence of death). Title VII: Assault Weapons - Antidrug, Assault Weapons Limitation Act of 1991 - Amends the Federal criminal code to prohibit the transfer, importation, receipt, or possession of any assault weapon, except: (1) by the Federal, State, or local government; and (2) with respect to weapons lawfully possessed before enactment of this Act. Specifies firearms to be included as assault weapons. Authorizes the Secretary of the Treasury to recommend to the Congress the addition or deletion of firearms to be designated as assault weapons. Increases the length of imprisonment for an individual who uses or carries an assault weapon during and in relation to the commission of a crime of violence or a drug trafficking crime. Prohibits the sale, shipment, or delivery (or purchase, possession, or acceptance of delivery) of an assault weapon to (or by) any person who does not fill out a specified form. Establishes recordkeeping requirements. Directs the Secretary to prescribe regulations for the request and delivery of such form. Directs the Attorney General to: (1) investigate and study the effect of this title on violent and drug trafficking crime; and (2) submit to the Senate a report on its findings. Establishes penalties for knowingly failing to acquire the proper form with respect to the lawful transfer, transport, shipping, receipt, or possession of an assault weapon. Specifies the effective period of this title. Title VIII: Police Corps and Law Enforcement Training and Education Act - Police Corps and Law Enforcement Training and Education Act - Establishes within the Department of Justice (DOJ) an Office of the Police Corps and Law Enforcement Education to be headed by a Director. Requires a State that desires to participate in the Police Corps program or the Law Enforcement Scholarship program to designate a lead agency and submit a State plan containing assurances with respect to: (1) lead agency cooperation with other State and local agencies; (2) the State advertising of the assistance available; (3) State screening and selection of law enforcement personnel for participation in the program; and (4) compliance with other specified requirements. Subtitle A: Police Corps Program - Authorizes the Director to award scholarships (including direct payments to institutions and reimbursement of educational costs) to participants who agree to work for four years in a State or local police force after completion of a baccalaureate program and police corps training, subject to specified conditions. Sets forth provisions with respect to: (1) scholarship assistance for dependent children of law enforcement officers; (2) the selection of participants; (3) minority recruitment; and (4) leaves of absence. Requires the Director to establish up to three training centers to provide basic law enforcement training to State Police Corps program participants. Requires participants to attend two eight-week training sessions at such training centers and to meet certain performance standards in order to remain in the Police Corps program. Requires the Director to pay participants a weekly stipend during training. Requires a State, in order to participate in the Police Corps program, to submit a plan for implementing such program to the Director for approval. Requires such plan to: (1) include assurances that participants will receive additional State or local training after completing Federal training which shall count toward the four-year service obligation; and (2) provide that program participants shall be assigned to community and preventive patrol in geographic areas with the greatest need for additional law enforcement personnel. Provides for the swearing in of participants as members of the police force to which they are assigned after completing Federal training and meeting the requirements of that police force. Authorizes appropriations. Subtitle B: Law Enforcement Scholarship Program - Directs each State to pay from funds under this Act the Federal share (not more than 60 percent) of the cost of awarding scholarships to in-service law enforcement personnel for further education. Sets forth State plan requirements, including identifying model curricula and existing programs and providing assurances that the State will promote cooperative agreements to enhance law enforcement personnel recruitment efforts in high schools and community colleges. Sets forth application requirements. Grants priority in awarding scholarships to members of underrepresented groups and to those pursuing an undergraduate degree. Requires each individual awarded a scholarship to work in a law enforcement position in the State which made the award for a period of one month for each credit hour of financial assistance (with a six-month minimum and two-year maximum). Authorizes appropriations. Subtitle C: Reports - Sets forth provisions requiring: (1) annual reports by the Director to the Attorney General, the President, and specified Members of Congress; and (2) a special report by the Attorney General to the Congress on a plan to expand scholarship assistance to eligible Federal law enforcement officers. Title IX: Police Officers' Bill of Rights Act of 1991 - Police Officers' Bill of Rights Act of 1991 - Amends the Omnibus Act to provide that, except when on duty or acting in an official capacity, no law enforcement officer (officer) shall be prohibited from engaging in political activity or be denied the right to refrain from engaging in such activity. Sets forth minimum standards that shall apply when an officer is under investigation or is subjected to questioning under circumstances that could lead to disciplinary action, including that: (1) questioning be conducted at a reasonable hour, and take place at the offices of those conducting the investigation, with exceptions; (2) the officer under investigation be informed in writing of the nature of the investigation prior to questioning; (3) any questioning be for a reasonable period of time, allowing for reasonable periods for rest and personal necessities; (4) such questioning be recorded in full in writing or by electronic device, and a copy of the transcript made available to the officer under investigation; and (5) the officer be entitled to the presence of counsel or other individual at the questioning. Requires the law enforcement agency to notify the officer that such officer is entitled to a hearing by a hearing officer or board, with exceptions for summary punishment or emergency suspension for misconduct. Specifies that an emergency suspension shall not affect the officer's health benefits. Sets forth provisions: (1) with respect to the composition of a disciplinary hearing board and procedures for a disciplinary hearing; and (2) limiting the penalty to that which was recommended by the trial board. Provides for notice of disciplinary action. Bars any penalty or threat of penalty against the officer for the exercise of rights under this Act. Prohibits: (1) a law enforcement agency from inserting any adverse material into the file of an officer unless such officer has had an opportunity to review and comment in writing on the adverse material; (2) requiring or requesting an officer to disclose personal property, income, assets, sources of income, debts, or expenditures (including those of any household member) unless the information is necessary in investigating a violation of law, rules, or regulation with respect to the performance of official duties, or where such disclosure is required by Federal, State, or local law; and (3) a State from having more than two legislative sessions to enact a Law Enforcement Officers' Bill of Rights that provides rights substantially similar to those afforded under this Act. Authorizes a cause of action in State court by the officer for recovery of damages and full reinstatement against a law enforcement agency that materially violates rights afforded under this Act, subject to specified limitations. Specifies that the sovereign immunity of a State shall not apply in the case of such a violation. Specifies that this Act does not preempt State law or collective bargaining agreements or discussions that provide rights for officers that are substantially similar to those afforded by this Act. Title X: Federal Law Enforcement Agencies - Federal Law Enforcement Act of 1991 - Authorizes appropriations for the Drug Enforcement Administration (DEA), the Federal Bureau of Investigation (FBI), the Immigration and Naturalization Service (INS), U.S. attorneys, U.S. marshals, the Bureau of Alcohol, Tobacco, and Firearms, U.S. courts, and defender services. Title XI: Habeas Corpus Reform Act - Habeas Corpus Reform Act of 1991 - Amends the Federal judicial code to set forth special habeas corpus procedures in capital cases. Applies such procedures to Federal habeas corpus cases brought by prisoners in State custody who are subject to a capital sentence. Makes the applicability to such procedures contingent upon a State establishing a mechanism for the appointment, compensation, and payment of reasonable fees and litigation expenses of competent counsel consistent with this Act. Sets forth procedures for the appointment of counsel or for allowing a prisoner to proceed pro se. Provides for a mandatory stay of execution during the post-conviction review initiated pursuant to this Act. Details conditions which will cause such stay to expire. Prohibits a Federal court, if one of such conditions has occurred, from entering a stay of execution or granting relief in a capital case unless: (1) the basis for the stay and request for relief is a claim not previously presented by the prisoner in the State or Federal courts, and the failure to raise the claim is the result of State action in violation of the Constitution or laws of United States, is the result of Supreme Court recognition of a new Federal right that is retroactively applicable, or is based on a factual predicate that could not have been discovered through the exercise of reasonable diligence; (2) the facts underlying the claim would be sufficient, if proven, to undermine the court's confidence in the jury's determination of guilt on the offense for which the death penalty was imposed; or (3) a stay and consideration of the requested relief are necessary to prevent a miscarriage of justice. Imposes time limits on filing for habeas corpus relief. Requires such time limits to be tolled under specified conditions. Requires the district court, upon the development of a complete evidentiary record, to rule on the merits of the claims properly before it. Authorizes a district court to refuse to consider a claim under this Act if: (1) the prisoner previously failed to raise the claim in State court at the time and in the manner prescribed by State law; (2) the State courts, for that reason, refused or would refuse to entertain the claim; and (3) such refusal would constitute an adequate and independent State law ground that would foreclose direct review of the State court judgment in the U.S. Supreme Court. Provides an exception to such authorization. Makes the requirement for a certificate of probable cause inapplicable, with an exception. States that a mechanism for the provision of counsel services to indigents sufficient to invoke the provisions of this Act shall provide for counsel to indigents: (1) charged with offenses for which capital punishment is sought; (2) who have been sentenced to death and who seek appellate or collateral review in State court; and (3) who have been sentenced to death and who seek certiorari review in the U.S. Supreme Court. Prescribes minimum qualifications for appointed counsel. Authorizes payment of fees and expenses for investigative, expert, or other services reasonably necessary for the representation of the defendant. Allows the court to fix the compensation to be paid to an attorney appointed under this Act. Specifies which law is applicable in Federal habeas corpus proceedings. Title XII: Punishment of Gun Criminals - Gun Criminals Punishment Act of 1991 - Subtitle A: Increased Penalties for Gun Offenses - Requires that any individual who, during and in relation to any crime of violence or drug trafficking crime, discharges a firearm that kills another person: (1) if the killing is a first degree murder, be sentenced to death, life imprisonment, or any term of years, fined, or both; and (2) if the killing is other than a first degree murder, be fined, imprisoned for life or any term of years, or both. Increases penalties to be imposed in addition to penalties provided for a crime of violence or drug trafficking crime for discharging, using, carrying, or otherwise possessing a firearm during and in relation to such crime to five to ten years for firearm, ten to 15 years for an assault weapon, short-barreled rifle, or short-barreled shotgun, and 30 years for a machine gun, destructive device, or firearm equipped with a silencer or muffler. Requires an individual to be sentenced to life imprisonment for a second conviction of such an offense if the firearm is an assault weapon. Directs the U.S. Sentencing Commission to promulgate, or amend existing, guidelines to provide for a sentencing enhancement in accord with such provisions. Subtitle B: Firearms and Related Amendments - Establishes penalties for possessing (current law covers only using and carrying) an explosive during the commission of a felony. Provides for 20 years imprisonment for using, carrying, or possessing an explosive, in the case of a second or subsequent conviction. Amends the Federal criminal code to prohibit the transfer of firearms to non-residents of the State in which the transferor resides. Specifies that if a conviction was for a violent felony involving the threatened or actual use of a firearm or explosives, or was for a serious drug offense, such person shall be considered convicted for purposes of this Act irrespective of any pardon, setting aside, expunction, or restoration of civil rights. Permits the judicial officer to consider pretrial detention with respect to certain firearms and explosives offenses. Sets forth penalties for smuggling firearms in aid of drug trafficking and for theft of firearms and explosives. Provides for the mandatory revocation of the supervised release of an individual for possession of a firearm. Increases penalties for making knowingly false, material statements in connection with the acquisition of a firearm from a licensed dealer. Amends the Internal Revenue Code of 1986 to: (1) change from six to five years the statute of limitations for certain firearms offenses; and (2) provide for the summary forfeiture of unregistered National Firearms Act weapons, with provision for reimbursement for innocent owners. Makes it unlawful for felons and others to possess explosives. Authorizes the summary destruction of explosives subject to forfeiture under specified circumstances. Sets forth requirements for reimbursement of the value of destroyed property. Makes it unlawful to knowingly possess stolen firearms, ammunition, or explosives. Adds using a firearm in the commission of counterfeiting or forgery (current law specifies only "whoever, during and in relation to any crime of violence or drug trafficking crime") among offenses which, if the offender uses or carries a firearm, will subject such person to an enhanced sentence. Provides for a mandatory five year penalty for firearms possession by violent felons and serious drug offenders. Modifies provisions regarding the reporting of multiple firearms sales to: (1) cover sales during any 30 consecutive days (currently, during any five consecutive business days); and (2) require each licensee to forward a copy of the report to the chief law enforcement officer of the place of residence of the unlicensed person not later than the close of business on the date that the multiple sale or disposition occurs. Subjects individuals who conspire to commit a firearms or explosives offense to the same penalties as those prescribed for the underlying offense. Provides for a fine or up to ten years imprisonment, or both, for stealing a firearm or explosive from specified individuals, such as a licensed importer, manufacturer, or dealer. Makes it unlawful for any person (current law specifies licensee) to distribute explosive materials to specified classes of individuals. Defines "burglary" to mean any crime punishable by a term of imprisonment exceeding one year and consisting of entering or remaining surreptitiously within a building that is the property of another with intent to engage in conduct constituting a Federal or State offense. Prohibits the court from placing on probation or suspending the sentence of any person sentenced pursuant to (currently, convicted of) a provision enhancing penalties for the use of a firearm during and in relation to any crime of violence or drug trafficking crime. Bars the sale of firearms and explosives to, or possession of firearms and explosives by, persons convicted of a violent or serious drug misdemeanor. Subtitle C: Prohibited Gun Clips and Magazines - Includes ammunition feeding devices (AFDs) within the definition of firearms for purposes of Federal firearms laws. Defines an AFD to include any detachable magazine, feed strip, or similar device which has a capacity of, or which can be readily converted to accept, more than 15 rounds of ammunition, with exceptions. Prohibits the importation, manufacture, transfer, receipt, or possession of AFDs, with exceptions. Requires the Secretary of the Treasury to maintain a central registry of all such devices transferred after the effective date of this Act which, after such transfer, are not under the control of the United States or any State or political subdivision. Specifies that such registry shall include: (1) identification of the device; (2) date of registration; (3) identification and address of the person entitled to possess the device; and (4) such other information as may be required by regulations promulgated by the Secretary. Establishes additional registration procedures. Requires all AFDs to be identified by a serial number and such other identification as the Secretary may prescribe. Provides for criminal penalties for violation of provisions of this Act relative to AFDs. Authorizes specified individuals engaged in the manufacture or importation of AFDs requiring a license to continue to engage in such business pending final action on the application. Title XIII: Prison for Violent Drug Offenders - Authorizes appropriations for the construction, and operation for one year, of ten regional prisons. Sets forth provisions with respect to the location and population of such prisons, prisoner eligibility (State and Federal prisoners with release dates of not more than two years from the date of assignment to the prison who have long-term drug abuse problems and serious criminal histories, and who agree to the assignment), State responsibilities, and the powers of the Director of the Bureau of Prisons (e.g., to return any prisoner not complying with program requirements and conditions.) Requires any State seeking to refer a State prisoner to a regional prison to submit to such Director an aftercare plan setting forth the provisions that the State will make for the continued treatment of the prisoner in a therapeutic community following release and providing for vocational job training where appropriate. Title XIV: Boot Camps - Directs the Attorney General, within one year, to establish within the Bureau of Prisons ten military-style boot camp prisons. Sets forth provisions with respect to prison capacity, proportion of State to Federal prisoners, and eligibility requirements. Authorizes appropriations. Title XV: Youth Violence Act - Subtitle A: Increasing Penalties for Employing Children to Distribute Drugs Near Schools and Playgrounds - Amends the CSA to increase the penalty for employing, using, inducing, or coercing individuals under age 18 to violate provisions of such Act, or to assist in avoiding detection or apprehension for certain offenses under such Act by Federal, State, or local law enforcement officials. Subtitle B: Antigang Grants - Amends the Juvenile Justice and Delinquency Prevention Act of 1974 to authorize the Administrator of the Office of Juvenile Justice and Delinquency Prevention to make grants to States and units of general local government to assist them in planning, coordinating, and evaluating projects to reduce the formation or continuation of juvenile gangs and the use and sale of illegal drugs by juveniles. Specifies the allocation (50-50) of funds available to each State for juvenile drug supply and drug demand reduction programs. Directs the Administrator to give priority to programs aimed at juvenile involvement in organized gang- and drug-related activities. Authorizes appropriations. Sets forth provisions with respect to application, and review and approval, procedures. Subtitle C: Juvenile Penalties - Amends the Federal criminal code to: (1) add certain firearms offenses to the offenses over which the United States has juvenile delinquency jurisdiction; and (2) provide for the treatment of violent juveniles who commit firearms offenses as adults under certain circumstances. Specifies factors to be considered in transferring a juvenile to adult status. Classifies as serious drug offenses for purposes of the Armed Career Criminal Act of 1984 serious drug offenses committed by juveniles. Title XVI: Rural Crime and Drug Control Act - Subtitle A: Fighting Drug Trafficking in Rural Areas - Amends the Omnibus Act to authorize appropriations, and increase the base allocation, for rural drug enforcement assistance. Directs the Attorney General to establish a Rural Drug Enforcement Task Force in each of the Federal judicial districts which encompass significant rural lands. Specifies the membership of such task forces. Directs the Attorney General to cross-designate up to 100 Federal officers with jurisdiction to enforce CSA provisions on non-Federal lands to the extent necessary to effect the purposes of this title. Requires the Director of the Federal Law Enforcement Training Center to develop a specialized course of instruction devoted to training law enforcement officers from rural agencies in the investigation of drug trafficking and related crimes. Authorizes appropriations. Subtitle B: Increasing Penalties for Certain Drug Trafficking Offenses - Ice Enforcement Act of 1991 - Amends the CSA to increase penalties for specified offense involving crystalline methamphetamine. Subtitle C: Rural Drug Prevention and Treatment - Amends the Public Health Service Act to require the Director of the Office for Treatment Improvement to establish a program to provide grants to hospitals, community health centers, and other appropriate entities that serve nonmetropolitan areas to assist in developing and implementing projects that provide, or expand the availability of, substance abuse treatment services. Authorizes appropriations. Requires the alcohol and drug abuse information clearinghouse required to be established under the Public Health Service Act to: (1) gather information pertaining to Alcohol, Drug Abuse, and Mental Health Administration and other rural drug abuse treatment and education projects operating throughout the United States; and (2) disseminate information to rural hospitals, community health centers, community mental health centers, treatment facilities, community organizations, and other interested individuals. Subtitle D: Rural Land Recovery Act - Specifies that each of the Rural Drug Enforcement Task Forces shall include one Director of Rural Land Recovery. Directs State and Federal prosecutors, when bringing charges against the operators of such laboratories, to include, in addition to drug-related charges, counts involving infringements of applicable environmental protection laws, including illegal disposal of hazardous waste and knowing endangerment of the environment. Authorizes such prosecutors and private citizens to bring suit against the operators of such laboratories for environmental and health-related damages caused by the operators in their manufacture of illicit substances. Title XVII: Drug Emergency Areas Act of 1991 - Drug Emergency Areas Act of 1991 - Amends the National Narcotics Leadership Act of 1988 to replace language with respect to the designation of high intensity drug trafficking areas with provisions authorizing the President to declare a State or part of a State to be a drug emergency area. Requires requests for such a declaration to be made, in writing, by the Governor or chief executive officer of any affected State or local government and forwarded to the President through the Director of National Drug Control Policy. Allows cities, counties, or States to submit a joint request. Requires requests to be based on a written finding that the emergency is of such severity and magnitude that Federal assistance is necessary to ensure an effective response. Prohibits the President from limiting declarations made under this Act to highly-populated centers of drug trafficking, drug use, or drug-related violence. Requires the President to consider applications from governments of less populated areas where the magnitude and severity of such activities are beyond the capability of the State or local government to respond. Requires Governors or chief executive officers, as part of such requests and as a prerequisite to such assistance, to: (1) take appropriate action under State or local law to respond to the crisis and furnish information on the nature and amount of State and local resources which have been or will be committed to alleviating the emergency; (2) certify that State and local government obligations and expenditures will comply with all applicable cost-sharing requirements; and (3) submit a detailed plan outlining the State or local government's short- and long-term plans to respond to the emergency. Requires the Director to review requests submitted and forward the application to the President, along with a recommendation. Authorizes the President to make grants to State or local governments of up to $50,000,000 for any single emergency. Limits the Federal share to 75 percent of the costs necessary to implement the short- and long-term plan. Limits the duration of assistance to a drug disaster area to one year, after which the Governors or chief executive officers may apply for an extension of up to 180 days. Requires any State or local government receiving Federal assistance to balance the allocation of such assistance evenly between drug supply and demand reduction efforts, unless State or local conditions dictate otherwise. Authorizes the President to: (1) direct any Federal agency to utilize its authorities and resources to support State and local efforts; and (2) provide technical and advisory assistance. Title XVIII: Drunk Driving Child Protection Act - Drunk Driving Child Protection Act of 1991 - Amends the Assimilative Crimes Statute to require the imposition of a Federal penalty (if not already imposed by a State) of one year imprisonment and a $1,000 fine, or both, in addition to any term of imprisonment under State law for driving under the influence of drugs or alcohol if a minor (other than the offender) was present in the vehicle at the time of the offense. Amends the common carrier provisions of the Federal criminal code to increase the penalty for operating a common carrier under the influence of drugs or alcohol if a minor (other than the offender) is present in the vehicle by up to one year's imprisonment (or if serious bodily injury of a minor is caused, five years; or if death of a minor is caused, ten years) and an additional $1,000 fine, or both. Defines "minor" as a person less than 18 years of age. Expresses the sense of the Congress that, in determining child custody and visitation rights, the courts should take into consideration the history of drunk driving of any person involved in the determination. Title XIX: Commission on Crime and Violence - Establishes the National Commission on Crime and Violence in America to: (1) develop a comprehensive crime control plan to serve as a blueprint for action in the 1990s; (2) bring attention to successful models and programs; (3) reach beyond the traditional criminal justice community for ideas; and (4) recommend improvements in local, State, and Federal coordination. Sets forth the composition of the Commission, its responsibilities, administrative provisions, reporting requirements, and termination date. Title XX: Protection of Crime Victims - Victims' Rights and Restitution Act of 1991 - Amends the Victims of Crime Act of 1984, as amended, to eliminate the cap on the crime victims fund. Requires (current law authorizes) the court to order restitution payments for specified violations of the Federal criminal code and the Federal Aviation Act of 1958. Authorizes the court, in addition to ordering restitution of the victim of the offense of which a defendant is convicted, to order restitution of persons harmed physically, emotionally, or pecuniarily by defendant's unlawful conduct during which the offense occurred or during the course of a scheme, conspiracy, or pattern of unlawful activity related to the offense. Sets forth additional provisions with respect to determination of amounts owed to the victim, set-offs, enforcement of restitution orders, and procedures for issuing such orders. Title XXI: Crack House Eviction Act - Amends the CSA to authorize: (1) the Attorney General to bring a civil action against violators of prohibitions against maintaining places for the manufacture, distribution, or use of controlled substances; and (2) the court to assess a civil penalty of up to $100,000 and grant such other relief, including injunctions and evictions, as appropriate. Directs the Attorney General to: (1) aggressively pursue the use of criminal penalties, civil injunctions, forfeiture sanctions, and other remedies against drug offenders; and (2) report annually to the Congress on the manner and extent to which such remedies are being used and their effect in curtailing drug trafficking. Title XXII: Organized Crime and Dangerous Drugs Division - Subtitle A: Establishment of an Organized Crime and Dangerous Drugs Division in the Department of Justice - Justice Department Organized Crime and Drug Enforcement Enhancement Act of 1991 - Establishes within DOJ the Organized Crime and Dangerous Drugs Division, consisting initially of specified offices within the Criminal Division of DOJ and the Organized Crime Drug Enforcement Task Force Program. Transfers to such Division all functions, personnel, and available funds of such offices and program. Requires such Division to be headed by an Assistant Attorney General for the Organized Crime and Dangerous Drug Division and a Deputy Assistant. Establishes within such Division such sections and offices as the Attorney General deems appropriate to maintain or increase the level of enforcement activities with respect to criminal racketeering, narcotics trafficking, money laundering, asset forfeiture, international crime, and civil enforcement. Directs the Attorney General to establish at least 20 field offices of the Division to be known as Organized Crime and Dangerous Drug Strike Forces. Sets forth additional provisions with respect to coordination of field activities and the transfer of staff assigned to the Task Forces to the Division (designated the Criminal Narcotics Section). Specifies that the agents assigned to the Strike Forces shall be dedicated exclusively to, and located with, the Strike Forces and shall be given credit for the work of the Strike Forces. Requires the Assistant Attorney General for Organized Crime and Dangerous Drugs to report to the Congress on the areas of the United States that may require increased assistance from DOJ through the establishment of additional strike forces. Authorizes appropriations for salaries and expenses of the Division for FY 1992, subject to certain limitations. Subtitle B: International Prosecution Teams - Requires the Division to include at least ten International Drug Enforcement Teams: (1) devoted exclusively to investigating, prosecuting, and supporting the investigation and prosecution of international drug cases; and (2) responsible for developing expertise in handling civil and criminal cases involving extradition, money laundering, drug-related corruption, and other complex cases relating to international drug trafficking. Specifies relationships of team members and goals, including improved coordination and cooperation between the United States and foreign countries in the suppression of international money laundering and narcotics trafficking. Title XXIII: Exclusionary Rule - Amends the Federal criminal code to bar the exclusion of evidence obtained as a result of a search or seizure that was in violation of the fourth amendment to the Constitution if the search or seizure was carried out in reasonable reliance on a warrant that was issued by a detached and neutral magistrate and that was ultimately found to be invalid, unless: (1) the judicial officer in issuing the warrant was materially misled by information in an affidavit that the affiant knew was false or would have known was false except for his reckless disregard of the truth; (2) the judicial officer provided approval of the warrant without exercising a neutral and detached review of the application for the warrant; (3) the warrant was based on an affidavit so lacking in indicia of probable cause as to render official belief in its existence entirely unreasonable; or (4) the warrant is so facially deficient that the executing officers could not reasonably presume it to be valid. Title XXIV: Drug Testing - Federal Prisoner Drug Testing Act of 1991 - Amends the Federal criminal code to require, as a condition of probation, supervised release, or parole, that the defendant pass a drug test prior to the imposition of sentence, refrain from any unlawful use of a controlled substance, and submit to at least two periodic drug tests (as determined by the court, with respect to probation or supervised release, and by the U.S. Parole Commission, with respect to parole) for use of a controlled substance. Specifies that no action may be taken against a defendant pursuant to such a drug test unless the test confirmation is a urine drug test confirmed using gas chromatography/mass spectrometry techniques or one determined to be of equivalent accuracy. Title XXV: Maximum Penalty Increases for Violent Crimes - Increases the maximum penalty for: (1) assaults against specified classes of individuals; (2) manslaughter; (3) certain civil rights violations (including damage to religious property); (4) interstate and foreign travel or transportation in aid of racketeering enterprises; and (5) conspiracy to commit murder for hire. Specifies that, in determining the equitable share of proceeds for a State or local law enforcement agency from a drug-related asset seizure under CSA provisions, the Attorney General shall not retain more than ten percent of the total proceeds to cover the costs of administrative expenses. Title XXVI: Obstruction of Justice - Increases penalties for obstruction of justice offenses against court officers and jurors and for retaliatory killings of witnesses, victims, and informants. Title XXVII: Brady Handgun Violence Prevention Act - Brady Handgun Violence Prevention Act - Makes it unlawful for any licensed importer, manufacturer, or dealer to sell, deliver, or transfer a handgun to an unlicensed individual unless: (1) after the most recent proposal of such transfer by the individual, the transferor has received a statement of eligibility from the individual, has notified the chief law enforcement officer for such individual's place of residence about the proposed transfer, and either has received a response indicating that such transfer is not prohibited by law or has not received a response indicating otherwise within seven days; (2) the individual has presented to the transferor a statement from the officer, issued in the past ten days, that the individual requires a handgun because of a threat to him or his family; (3) the individual has presented to the transferor a permit to possess a handgun that has been issued in the past five years by the State in which the transfer is to take place under a State law which requires law enforcement verification of the individual's legal qualification to possess a handgun; (4) State law either requires a waiting period of at least seven days or requires that an authorized government official verifies that the information available to such official does not indicate that possession of a handgun by the purchaser would be unlawful; or (5) the transferor has received a report from any system of felon identification established by the Attorney General under the Anti-Drug Abuse Act of 1988 that the individual's possession or receipt of the handgun would not violate Federal, State, or local law. Requires the statement of eligibility to include a statement that the individual: (1) is not under indictment for and has not been convicted of a crime punishable by imprisonment for a term exceeding one year; (2) is not a fugitive; (3) is not an unlawful user of, or addicted to, a controlled substance; (4) has not been adjudicated as a mental defective or committed to a mental institution; (5) is not an alien who is illegally in the United States; (6) has not been dishonorably discharged from the armed forces; and (7) is not a person who has renounced U.S. citizenship. Requires any transferor who, after a transfer, receives a report from such officer that receipt or possession of the handgun by the individual violates the law, to: (1) furnish information about the transfer and the individual to the chief law enforcement officer of the transferor's place of business and the individual's place of residence; and (2) keep confidential any information received which is not otherwise available to the public, with exceptions. Requires a transferor to retain a copy of the individual's statement and retain evidence of compliance with the requirement under this Act with respect to the furnishing of a copy of the statement to the chief law enforcement officer of the place of residence of the individual within one day after furnishing such statement. Requires the law enforcement officer to destroy any copy of the individual's sworn statement and any record containing information derived from such statement within 30 days, unless such officer determines that the transaction would violate Federal, State, or local law. Specifies that a chief law enforcement officer shall not be liable to any person for action taken by the officer to ascertain whether a transferee of a handgun has a criminal record or whether there is any other legal impediment to the transferee receiving a handgun under any Federal, State, or local law, except a law that specifically provides for such liability. Directs the Attorney General, subject to appropriations, to make a grant to an eligible State for the direction of a computerized criminal history record system or improvement of an existing system and to defray the cost to State and local law enforcement agencies in conducting background checks on prospective handgun purchasers. Specifies the allocation of grant funds. Authorizes appropriations.

Higher Education Act Amendments of 1991

United States · United States Congress · 6 June 1991

Higher Education Act Amendments of 1991 - Amends the Higher Education Act of 1965 (HEA) to revise and reauthorize its programs. Title I: Access and Retention - Establishes a new HEA title I, Access and Retention, to provide special programs and projects: (1) to identify and encourage students from low-income or educationally disadvantaged backgrounds who have potential for postsecondary and graduate education; and (2) to prepare students from such backgrounds for such education. (Replaces the current title I, Postsecondary Programs for Nontraditional Students.) Establishes a new Precollege Outreach Program of grants to States (replacing the current part A program) to support outreach services for individuals from low-income and educationally disadvantaged backgrounds in order to help them successfully complete secondary education and begin and succeed in postsecondary education. Authorizes States to make subgrants to eligible entities to carry out one or more of such services. Provides for a gradually declining Federal share of project costs, from 90 percent in the first year, with five percent reductions in succeeding years leveling off at 70 percent for the fifth year and thereafter. Includes among criteria to be used by the State agency in selecting projects the degree to which an applicant's service area include large numbers of low-income or first-generation college students. Prohibits an institution of higher education from using such grant funds for recruitment of students to enroll at that institution. Authorizes appropriations. Establishes a new Student Support Service Program of grants to institutions of higher education (replacing the current part B National Programs) to support individuals pursuing postsecondary education programs who are first-generation college students or from low-income or educationally disadvantaged backgrounds. Directs the Secretary, in making such grant awards, to give highest priority to projects at institutions with the lowest educational and general expenditures per full-time equivalent student. Sets forth types of authorized services to assist in motivating and preparing students for postsecondary education. Authorizes appropriations. Establishes a new Ronald E. McNair Graduate Outreach Program of grants to institutions of higher education (combining and replacing certain current part C programs) for services to eligible individuals from low-income and educationally disadvantaged backgrounds to prepare them for graduate, professional, and doctoral study. Directs the Secretary not to make such a grant award without assurances that: (1) at least two-thirds of project participants will be first-generation college students from low-income families; (2) remaining participants will be from a group underrepresented in graduate education; (3) participants will be enrolled in a degree program at an institution of higher education; and (4) participants in summer research internships will have completed their sophomore year in postsecondary education. Sets forth authorized uses of grant funds, including opportunities for research or other scholarly activities, summer internships, and fellowships. Authorizes appropriations. Title II: National Graduate Fellowships Program - Repeals HEA titles II (Academic Library and Information Technology Enhancement) and IX (Graduate Programs). Establishes a new HEA title II, National Graduate Fellowships Program, for competitive grants to institutions of higher education to provide financial support to highly qualified individuals in graduate studies in areas of national need (including individuals from groups traditionally underrepresented in such studies in such areas). Designates each fellowship recipient a National Graduate Fellow. Limits the fellowship stipend to five years. Authorizes the Secretary to award continuation grants to institutions demonstrating satisfactory progress. Revises institutions receiving them to give preference in awarding fellowship stipends to students who have received National Graduate Fellowships and who demonstrate satisfactory progress in their studies. Sets forth reporting requirements. Directs the Secretary to make new grants under title II only to the extent that funds remain from continued prior funding under HEA to recipients of graduate fellowship assistance for: (1) the Foreign Language and Areas Studies Fellowship Program; (2) the Patricia Roberts Harris Fellowship Program; (3) the Jacob K. Javits Fellows Program; or (4) the Graduate Assistance in Areas of National Need Program. Requires institutions receiving title II grants to give preference in awarding fellowships to students who previously received such assistance under a listed program. Allows a student who received such assistance to subsequently receive a National Graduate Fellowship, but limits the combined period of assistance to not more than five years. Authorizes appropriations. Title III: Institutional Aid - Revises HEA title III, Institutional Aid. Eliminates provisions for special consideration for certain activities. (Deems these simply as allowable program activities.) Revises eligibility criteria for institutions to require that their average educational and general expenditures be lower, by a percentage determined annually, than the same expenditures per full-time equivalent undergraduate student of institutions that offer similar instruction. Eliminates as a requirement for such assistance that such institutions are to have been authorized for the preceding five years to offer a specified degree program, and accredited or making reasonable progress toward accreditation. Eliminates provisions for waivers of such requirement for institutions with specified percentages of minority students. Limits grant awards to only one such grant, with a maximum five-year duration, to any eligible institution, except that a one-year planning grant may be awarded for preparing plans and applications. Requires: (1) grant applications to describe measurable goals for the institution's management and academic programs, and a plan for achieving them; and (2) continuation applications to demonstrate progress toward achieving them. Revises the program of grants to strengthen Historically Black Colleges and Universities. Allows the use of grant funds to establish or improve a development office to strengthen or improve contributions from alumni and the private sector. Prohibits awarding to any one undergraduate institution: (1) more than two such grants for a period not to exceed ten years from September 30, 1987; or (2) any grant exceeding five years. Requires grant applications to describe measurable goals for the institution's financial management as well as academic goals, and plans to achieve them. Revises and renames a certain program Endowment Challenge Grants for Institutions Eligible for Assistance. Increases the amount (from $10,000,000 to $20,000,000) which appropriations for such grants must exceed before the Secretary may make a two-to-one matching endowment grant exceeding $1,000,000 to an institution. Gives priority for endowment grants to applicants that have received another title III grant within the preceding five years. Revises title III general provisions. Authorizes appropriations. Title IV: Student Assistance - Part A: Grants to Students - Amends HEA title IV (Student Assistance) with respect to the program of Grants to Students in Attendance at Institutions of Higher Education. Subpart 1: Pell Grants - Extends Pell Grant program authority through FY 1997. Eliminates a requirement that the Secretary make an advance payment to eligible institutions of at least 85 percent of the amount each institution requests as needed to pay Pell Grants to eligible students. Revises requirements for the amount of Pell Grants. Sets the amount of an award to a student at the lesser of: (1) the specified maximum award less the expected family contribution; or (2) the percentage (based on family-income level) of the amount of the student's need for financial assistance (i.e. cost of attendance minus expected family contribution). Increases the maximum award amount to $3,700 for 1992-3 and the four succeeding award years. Sets forth a table of percentages of student need for award computation. Increases the minimum allowable award from $200 to $400. Eliminates certain restrictions on the award of Pell Grants to students attending on a less than half-time basis. Revises the period of eligibility for Pell Grants. Limits such period to the full-time equivalent of three academic years in the aggregate in the case of all undergraduate degree or certificate programs normally requiring two years or less. Specifies that longer eligibility periods for longer programs are cumulative and include periods for which the student received a Pell Grant under shorter programs Revises requirements for adjustments for insufficient appropriations for the Pell Grant program. Provides for reduction of all awards by a percentage determined in accordance with a schedule of reductions by the Secretary. (Currently certain awards are held harmless.) Increases the minimumm allowable Pell Grant, under such reduction formula, from $100 to $200. Eliminates certain limitations on the availability of Pell Grant funds when excess amounts are available at the end of a fiscal year. Subpart 2: Supplemental Educational Opportunity Grants - Extends the authorization of appropriations for the Supplemental Educational Opportunity Grants (SEOG) program, but reduces the amount of funding. Reduces the Federal share of SEOG awards to not more to not more than 50 percent in FY 1992 and thereafter. (Current law provides for a maximum Federal share of 85 percent in FY 1991, and allows an even greater Federal share if the Secretary determines it warranted.) Subpart 3: Repeals - Repeals authority for the following programs: (1) Grants to States for State Student Incentives (SSI); (2) Special Programs for Students from Disadvantaged Backgrounds (TRIO programs); (3) Assistance to Institutions of Higher Education (including the Veterans Education Outreach Program); and (4) Special Child Care Services for Disadvantaged College Students. Subpart 4: Presidential Achievement Scholarship Program - Creates a Presidential Achievement Scholarship Program to award scholarships to Pell Grant recipients who demonstrate high levels of academic achievement. Authorizes appropriations. Allows Presidential Achievement Scholars to receive up to four scholarships, each for one academic year, for full-time undergraduate study (or five scholarships for full-time undergraduate study programs that require attendance for five academic years). Bases eligibility in the first year of postsecondary education on the student's receiving a Pell Grant and either: (1) ranking, or having ranked, in the top ten percent, by grade point average, of his or her high school graduating class; or (2) achieving at least the announced minimum score on one of the nationally administered, standardized tests identified by the Secretary. Bases eligibility after the first year on the student's receiving a Pell Grant and: (1) being enrolled in a program of study of at least two years that lead to a degree or certificate; and (2) ranking in the top 20 percent, by cumulative grade point average or equivalent, of his or her postsecondary education class as of the last academic year of study completed. Provides that a student's eligibility for such a scholarship does not depend on receipt of scholarship or Pell Grant in the previous academic year. Requires full-time attendance at the institution as a condition for receiving such a scholarship. Directs the Secretary to establish scholarship award procedures, including deadlines for consideration of students. Requires disbursement of scholarship proceeds to the institutions, but not until the student recipients are enrolled. Sets such scholarship award at $500 for any academic year. Reduces such amount by the amount it exceeds the student's cost of attendance by itself or when combined with other Federal or non-Federal grant or scholarship assistance in the the academic year. Provides for proportionate reductions in each award to adjust for insufficient appropriations. Subpart 5: National Science Scholars Program - Creates a National Science Scholars Program to award scholarships to outstanding students, selected by the President, for the study of physical, life, or computer sciences, mathematics, or engineering. Authorizes appropriations. Provides for an a initial award for the first year of undergraduate study and continuation award for the remaining three (or four) years, as appropriate. Allows National Science Scholars to use such award to attend any defined institution of higher education. Requires the Director of the National Science Foundation (NSF Director) and the Secretary to jointly establish criteria for selection of scholars for initial year awards. Requires such criteria to include potential to successfully complete a postsecondary program, and motivation to pursue a career, in such fields. Allows consideration to be given to individual financial need and to the nondiscriminatory promotion of participation by minorities and individus with disabilities. Requires States to establish a nominating committee, if they desire to qualify student residents for selection. Requires each State nominating committee to submit to the President nominations of from four to ten individuals from each congressional district. Requires priority ranking of such nominations. Requires the President to select and announce two such scholars for each academic year from each congressional district. Directs the Secretary to make continuation awards of additional scholarships to recipient of initial awards who meet specified requirements. Requires disbursement of scholarship proceeds to the institutions, but not until the student recipients are enrolled. Requires the NSF Director and the Secretary to encourage the support and assistance of civic groups, the business community, professional associations, institutions of higher education, and others in providing scholarship assistance to National Science Scholarship finalists. Sets forth eligibility requirements for initial and continuation awards. Allows the Secretary to waive full-time attendance requirements in unusual circumstances. Directs the Secretary to determine circumstances for eligibility reinstatement after an interruption of schooling for personal reasons. Requires the Secretary annually to notify all public and private secondary schools and all institutions of higher education in each State of the availability of such scholarships. Sets such a scholarship award at $6,000 for any academic year. Reduces such amount by the amount it exceeds the student's cost of attendance by itself or when combined with other Federal and non-Federal grant or scholarship assistance in the academic year. Provides for proportionate reductions in each award to adjust for insufficient appropriations. Requires priority consideration to be given students receiving such scholarships, to the extent they are otherwise qualified, for federally financed summer employment in federally funded research and development centers that complements and reinforces their educational program. Requires Federal agencies to participate actively in providing appropriate summer employment opportunities for such students. Repeals provisions of the Excellence in Mathematics, Science, and Engineering Education Act of 1990 which currently authorize the National Science Scholars Program. Subpart 6: Special Programs for Students Whose Families Are Engaged in Migrant and Seasonal Farmwork - Revises the Special Programs for Students Whose Families Are Engaged in Migrant and Seasonal Farmwork. Renames certain grants as grants to build the program capacity of educational agencies, institutions, and organizations to operate high school equivalency programs (HEP) and college assistance migrant programs (CAMP) for migrant students. Makes State and local educational agencies (as well as as institutions of higher education and private nonprofit organizations) eligible for such HEP grants. Allows provision of HEP services to individuals 16 years of age or older, or beyond the State age of compulsory school attendance, and not currently enrolled in school. (Current laws requires 17 years of age or over.) Limits authorized CAMP services, with specified exceptions, to those services necessary to assist migrant students in completing their first year of college. Requires CAMP grantees to provide follow-up services for migrant students after their first year of college. Authorizes use of up to ten percent of the CAMP grant for such follow-up services. Requires such follow-up services to include: (1) monitoring and reporting on student academic progress; and (2) referring students to providers of counseling services, academic assistance, or financial aid. Requires each project application to include a long-range management plan describing how the applicant will, over the grant period, gradually assume financial responsibility to provide services substantially similar to those proposed in the application. Requires the Secretary in making grants, to consider the geographic distribution of the persons to be served by grantees. Requires grant awards to be one-time, nonrenewable grants for: (1) a five-year period for first-time grantees; and (2) a three-year period for previous grantees. Provides for a Federal share of 90 percent in the first year, declining to 50 percent in the last year of such grants. Retains the $150,000 minimum allocation for each project. Extends the authorization of appropriations for the the HEP and CAMP programs. Subpart 7: Robert C. Byrd Honors Scholarship Program - Revises the Robert C. Byrd Honors Scholarship Program, particularly the formula for allocation of such scholarship program funds among States. Bases such allocation on relative population ages five through 17. Provides that each State shall receive at least ten scholarships. Allocates to the State $1,500 per scholarship. Eliminates a requirement that ten such scholars be selected for each congressional district. Requires the State education agency to adopt selection procedures to ensure an equitable geographic distribution of awards within the State. Eliminates requirements for an award ceremony. Extends the authorization of appropriations for the Robert C. Byrd Honors Scholarship Program. Part B: Guaranteed Student Loans - Revises the Robert T. Stafford Student Loan program. Extends the authorization for, and the amount of, new loan principal that may be made to students covered by Federal loan insurance. Increases the annual and aggregate loan limits under the Stafford loan and the Supplemental Loans for Students (SLS) programs. Requires lenders to: (1) offer Stafford and SLS loan borrowers the option of repaying such loans on a graduated repayment schedule under specified conditions; (2) obtain the borrower's authorization for entry of judgment against the borrower in the event of default; and (3) obtain the borrower's driver's license number, if any, at the time of loan application (for the parent loan PLUS program, as well). Eliminates a provision which allowed an institution to refuse to certify a student's eligibility for a loan, or allowed it to certify a lesser amount, under specified conditions. Revises loan deferment provisions. Retains deferment while the borrower is in specified courses of study. Replaces the various current categorical deferments with a hardship deferment of up to three years in the aggregate. Requires the lender to grant specified forbearance if the borrower is a Peace Corps or VISTA volunteer does not qualify for such hardship deferment. Revises provisions for Federal reinsurance coverage. Revises the period in which guaranty agencies must file reinsurance claims. Revises requirements for calculation and payment of such reinsurance. Requires in the case of Stafford, SLS, and PLUS loan applicants over age 21, that the lender: (1) obtain a credit report; and (2) require a cosigner for such applicants who have adverse credit histories. Allows the lender to charge such applicants for the actual cost of such credit reports, up to $25. Requires a 60-day delayed disbursement of Stafford or SLS loans to first-year undergraduates at institutions with default rates of 30 percent or greater. (Retains the current 30-day delayed disbursement for first-year undergraduates at institutions with default rates less than 30 percent.) Revises provisions for eligibility limitations, suspensions, terminations, other hearing procedures, and fines for lenders or institutions that violate program requirements. Sets forth conflict-of-interest restrictions on guaranty agency officers and employers. Prohibits any guaranty agency from permitting any of its officers or employees, or any member of their immediate families, to have a direct financial interest in, or serve as an officer or employee of, any lender, secondary market, contractor, or service with which the guaranty agency does business. Includes financial information among the information the Secretary may reasonably require from a guaranty agency to carry out the student loan programs and protect the U.S. financial interest. Revises the administrative cost and collection retention allowances for guaranty agencies. Revises provisions for oversight of guaranty agencies. Authorizes the Secretary to require a guaranty agency to submit and implement a management plan if the ratio of its reserve funds to outstanding guarantees is less than a set level, or if its administrative or financial condition jeopardizes its continued ability to perform its responsibilities under its guaranty agreement. Authorizes the Secretary to terminate the guaranty agreement with any agency that fails to submit an acceptable management plan or fails to improve substantially its condition in accordance with such a plan. Authorizes the Secretary to assume guaranty agency functions of agencies whose agreements are terminated by the Secretary or themselves. Limits the Secretary's liability for any outstanding liabilities of a guaranty agency, the functions of which the Secretary has assumed, to the fair market value of assets assigned by the agency to the Secretary, minus any necessary liquidation or administrative costs. Requires State backing of designated guaranty agencies. Requires each State to guarantee, with its full faith and credit or the equivalent, all student loans guaranteed by the guaranty agency designated for that State for borrowers attending eligible institutions in that State. Provides that a State may elect to guarantee, in addition, student loans guaranteed by any other guarantee agency for borrowers who are attending eligible institutions in that State. Requires the State, if such a guaranty agency backed by the State is unable to discharge its insurance obligation, to be responsible for discharging them, as well as administrative costs associated with transferring the guaranty agency's operations to another entity. Directs the Secretary, if a State discharges such insurance obligations, to pay the State the amount the guaranty agency would otherwise have received as reimbursement. Directs the Secretary, unless a State demonstrates by January 1, 1994, that it is backing the designated guaranty agency, to assess institutions of higher education participating in the student loan program that are located in that State a fee based on the risk of financial loss to the Federal Government that the State would otherwise assume. Requires such fees to be deposited in the student loan insurance fund. Requires State to pay a share of default costs in specified circumstances. Allows a State to charge a fee to an institution of higher education in the State participating in the loan program, to an approved fee structure based on the institution's cohort default rates and the State's risk of loss under such requirement. Eliminates the student loan program eligibility of foreign institutions (but not of study abroad that is part of the curriculum of U.S. institutions). Revises the definition of cohort default rate. Reduces the special allowance rates for holders of loans for which the cohort default rate exceeds 20 percent. Requires the Student Loan Marketing Association (Sallie Mae) to notify the Secretary, within 15 days, when: (1) it makes a loan or extends any other form of credit to a guaranty agency; (2) its cumulative loans or other forms of credit outstanding to any one lender exceed $50,000,000; or (3) it makes any additional loans or other forms of credit to a lender whose cumulative outstanding loans from it exceed $50,000,000. Requires Sallie Mae's annual report on its operations and activities: (1) to be submitted to the Secretary and the Congress (currently the President and the Congress); and (2) to include specific information regarding its investments and debts, the characteristics of its student loan portfolio, and other data which the Secretary may reasonably require. Part C: Work-Study Programs - Extends the authorization of appropriations for Work-Study Programs (but reduces the amount of such funding). Lowers the maximum Federal share of the the compensation of students employed in the work-study program to 50 percent for FY 1992 and succeeding fiscal years. (Current law sets it at 70 percent for academic year 1990-1991 and succeeding academic years.) Eliminates special incentives (such as increased Federal administrative allowance and increased Federal share of student compensation for community service-learning jobs under the work-study program. Lowers the maximum Federal share of the cost of any job location and development program, under the work-study program from 80 percent to 50 percent. Prohibits students attending proprietary institutions of higher education from being employed by such institutions under the work-study program (but allows them to participate in work-study program employment by a government agency or a private nonprofit organization). Reduces from $200 to $100 the amount of work-study program compensation in excess of need that a student may receive. Eliminates provisions for private sector employment agreements under the work-study program. Part D: Income Contingent Loan Program - Extends through FY 1996 the authorization of appropriations for the Income Contingent Direct Loan Program (ICL program) (and increases the amount of such funding). Eliminates the limitation that the Secretary may not enter into ICL agreements with more than ten institutions of higher education. Makes consortia of institutions of higher educations (as well as single institutions) eligible to participate in the ICL program. Provides for an aggregate ICL loan limit of $50,000 for individual graduate and professional students, including any such loans made to such persons before they become graduate or professional students. Provides for an annual limit of $10,000 on ICL loans to graduate and professional students. (Retains current limits for undergraduates.) Requires ICL applicants to provide their driver license number, if any. Requires institutions to: (1) obtain a credit report on any ICL applicant over age 21; and (2) require any such applicant with an adverse credit history to obtain a cosigner and report to the Congress on the cost-effectiveness of the ICL program, its impact on participating institutions and students, and the feasibility of extending it to a loan program of general applicability. Part E: Perkins Loan Program - Authorizes appropriations for the Perkins Loan Program, but only for reimbursement of institutions for Perkins loans that are cancelled for certain public service. Terminates the authorization of appropriations for: (1) Federal contributions to student loan funds established under such program; and (2) continuation loans to certain students who have received earlier Perkins Loans. Revises provisions for terms of such loans and cancellation for public service. Extends provisions for distribution of assets from such student loan funds. Repeals provisions for allocation of funds. Part F: Need Analysis - Revises provisions for need analysis to apply them to all need-based student assistance programs, including Pell Grants (which currently have a separate need analysis system). Revises the definitions of cost of attendance and family contribution, as well as provisions for data elements used in determining expected family contribution. Revises the formula for calculation of the expected family contribution for a dependent student to eliminate references to the student's spouse. Allows application of any parent's negative available income: (1) to reduce the parent's income supplement amount from assets; and (2) if there is any negative amount remaining after that is reduced to zero, to increase the allowances against the dependent student's income. Revises the minimum dependent student contribution to be the greater of: (1) specified amounts that vary according to family total income; or (2) 70 percent of the student's total income, minus the adjustment to student income. Eliminates certain exceptions to the general need analysis calculation for dislocated workers and displaced homemakers. Excludes from the calculation of net worth the net value of the principal place of residence for the families of dependent students and for independent students, if their adjusted gross income is less than $20,000. Revises the tables for determination of standard maintenance allowance, employment expense allowance, adjusted net worth of business and of farm, asset protection allowance, and parent's assessment from available income. Revises the asset protection allowance to provide for consideration of the average age of both parents. Revises provisions for family contribution for married or single independent students without dependents (including various revisions similar to those described for dependent students). Includes married, as well as unmarried, students under this category of independent students without dependents. Revises provisions for minimum student contribution under this category. Revises tables for determining various allowances and other factors. Revises provisions relating to the family contribution for married or single independent students with dependents (including provisions similiar to those in other categories). Revises tables for determining various allowances and other factors. Eliminates certain restrictions on the Secretary's authority to prescribe regulations to carry out need analysis requirements. Revises provisions relating to development of revised tables of assessment rates for purposes of such need analysis. Authorizes the Secretary to prescribe regulations specifying situations in which the data elements considered in determining a student's expected family contribution may be modified to accommodate the special circumstances of the student. Part G: General Provisions - Revises general provisions relating to student assistance programs. Includes as an institution of higher education for the student assistance programs any institution that provides programs of at least six months (or 600 clock hours) that prepare students for gainful employment in recognized occupations, and that has been in existence for at least two years. Makes ineligible for student assistance program participation for specified periods any institution whose cohort default rate equals or exceeds a specified threshold percentage. Revises provisions for proprietary institutions of higher education. Authorizes the Secretary, if a particular category of proprietary institution does not meet specified student assistance program requirements because there is no nationally recognized accrediting agency or association qualified to accredit such institutions, to: (1) appoint an advisory committee to recommend qualifying standards; and (2) determine whether the particular schools meet them. Provides for reduction of student assistance loan award maximums for short-term programs. Revises provisions relating to a master calendar. Revises provisions for a common financial reporting form for determination of expected family contribution. Requires students, in order to remain eligible for assistance, to satisfy specified minimum academic achievement standards, including an academic standing above the bottom ten percent of their postsecondary class. Directs the Secretary to implement a system of verification of immigration status. Revises requirements for borrower information to be submitted to the institution during the exit interview. Eliminates certain provisions for training in financial aid and student support services. Requires any institution participating in any student assistance program to have in effect a fair and equitable refund policy and to provide a written statement of it, with examples, to prospective students. Revises provisions for student assistance program participation agreements. Requires the institution to acknowledge the authority of the Secretary, guaranty agencies, accrediting agencies, and State licensing bodies to share with each other any information pertaining to the institution's eligibility to participate in such programs. Prohibits institutions from providing any incentive payments for securing enrollments to any persons or entities engaged in any student recruiting or admission activities or in making decisions regarding the award of student financial assistance. Eliminates the requirement that hearings be on the record, with respect to program participation limitation, suspension, or termination procedures. Authorizes the Secretary to conditionally certify an institution's eligibility to participate in student assistance programs, under specified circumstances. Provides for wage garnishment for loan collection. Authorizes a guaranty agency, or the Secretary where appropriate, to garnish the disposable pay of an individual to collect the amount owed or the required repayment, subject to certain conditions. Provides for data matching. Authorizes the Secretary to obtain from Federal or State agencies specified information relating to an individual for student loan collection purposes. Directs the Secretary of Labor to enter into an agreement to provide prompt access for the Secretary to wage and unemployment compensation claims information and data maintained by or for the Department of Labor or State employment security agencies. Subjects to specified criminal penalties attempts to commit specified offenses. Amends the Higher Education Technical Amendments of 1991 to make permanent the elimination of limitations on actions to collect defaulted student loans or grant overpayments. Title V: Education Recruitment, Retention, and Development - Establishes a new Partnerships for Innovative Teacher Education program, replacing the current Midcareer Teacher Training for Nontraditional Students program. Authorizes the Secretary to make grants to and contracts with State and local educational agencies, institutions of higher education, and consortia of such institutions and agencies to plan, establish, and operate teaching schools to develop and put into practice the best knowledge about teaching. Provides that such awards shall be for a term of three years, with renewals for two additional years under specified conditions. Provides for applications, priorities, uses of funds by award recipients, and authorized activities of such teaching schools. Authorizes appropriations. Sets the Federal share at 75 percent for the first three years and 50 percent for the final two years. Repeals provisions for School, College, and University Partnerships. Retains Professional Development and Leadership Programs. Authorizes appropriations to complete the final year of funding for the territories under provisions for Leadership in Educational Administration Development. Repeals provisions for Professional Development Resource Centers and Leadership in Educational Administration Development. Retains Teacher Scholarships and Fellowships. Renames the Congressional Teacher Scholarship Programs the Paul Douglas Teacher Scholarship Program. Makes such scholarships available to outstanding high school graduates who demonstrate an interest in teaching. Authorizes appropriations. Revises requirements for the teaching service obligation of certain scholarship recipients, repayment conditions, assurances of pursuing a teaching career, and maintenance of academic achievement. Revises the Christa McAuliffe Fellowship Program to authorize appropriations. Bases allotment of funds on the number of public school teachers in each State and other specified jurisdictions. Authorizes the Secretary, in extraordinary circumstances, to waive or defer all or a portion of the service requirement, or to allow fellows to fulfill their service requirement by teaching in another school or school district. Requires States, in making fellowship awards, to give priority to applicants proposing fellowship projects involving pursuit of eligible activities on a full-time basis as part of a sabbatical. Eliminates the requirement that announcement of such awards be made in a public ceremony. Repeals provisions for State Task Forces on Teacher Training. Title VI: International Education Programs - Revises the International and Foreign Language Studies program for graduate and undergraduate language and area centers to eliminate stipends and allowances for: (1) individuals undergoing advanced training; and (2) students beginning their third year of graduate training. Repeals provisions for grants to institutions of higher education or public or private nonprofit library institutions or consortia to acquire, maintain bibliographic data on, preserve, and make available to researchers and scholars certain periodicals published outside the United States which are not commonly held by U.S. academic libraries. Authorizes appropriations to carry out International Education Programs. Title VII: College Facilities Loans and Insurance - Revises and redesignates the Construction, Reconstruction, and Renovation of Academic Facilities Loans and Insurance program to: (1) provide higher education institutions with access to private capital construction debt through the College Construction Loan Insurance Association; and (2) provide for servicing of the remaining loan portfolio of the Higher Education Facilities Loans, College Housing Loans, and College Housing and Academic Facilities Loans authorized before the effective date of this Act. Repeals the authorization of appropriations and other provisions for: (1) Grants for the Construction, Reconstruction, and Renovation of Undergraduate Academic Facilities; (2) Grants for Construction, Reconstruction, and Renovation of Graduate Academic Facilities; (3) Loans for Construction, Reconstruction, and Renovation of Academic Facilities; (4) Grants to Pay Interest on Debt; (5) Housing and Other Educational Facilities Loans; and (6) Special Programs. Authorizes appropriations for remaining programs. Title VIII: Cooperative Education - Extends the authorization of appropriations for Cooperative Education (but reduces the amount of such funding). Eliminates certain reservations of funds for specified categories of projects. (Retains the current division of 75 percent of funds for grants for cooperative education programs and 25 percent for demonstration and innovation projects, training and resource centers, and research.) Defines cooperative education as the provision of alternating or parallel periods of academic study and public and private employment in order to give students work experience related to their academic or occupational objectives and an opportunity to earn the funds necessary for continuing and completing their education. Revises matching requirements for cooperative education grants. Requires grant applicants to describe fiscal support plans to ensure that such programs shall continue beyond the five-year period of Federal assistance at not less than the level of expenditures for the initial year of Federal assistance. Authorizes the Secretary to elect not to make a continuation award to a fund recipient that has failed to maintain such fiscal effort in years after the grant period. Requires each recipient to document to the Secretary its maintenance of fiscal effort beyond the five-year period of Federal assistance. Revises grant application requirements to require descriptions of: (1) the extent to which programs in the academic discipline for which the application is made have had a favorable reception by public and private sector employers; and (2) the plans the applicant will carry out to evaluate their cooperative education program at the end of the grant period. Eliminates certain factors for special consideration of applications. Directs the Secretary to give special consideration to applications which demonstrate a commitment to serving disadvantaged students and students with disabilities. Revises provisions relating to the duration of grants. Provides that: (1) only institutions that have received such a grant before enactment of this Act shall be eligible to receive one additional continuation grant of not more than five years; and (2 all other institutions may receive only a single five-year grant. Revises provisions for training and resource centers to provide that their improvement of materials used in cooperative education programs shall take place in conjunction with other specified activities. Title IX: Postsecondary Improvement Programs - Revises provisions for the Fund for the Improvement of Postsecondary Education (FIPSE). Repeals consultation provisions which prohibit any FIPSE grant or contract unless it has been submitted to the appropriate State entity and that entity has had an opportunity to submit comments and recommendations to the Secretary. Specifies that the Secretary appoints the Director of the National Board of FIPSE. Revises Board functions and repeals a requirement for a minimum number of Board meetings annually. Eliminates provisions requiring the Director to establish grant and contract review and evaluation procedures, and prohibiting such procedures from being subject to any review outside of officials responsible for FIPSE administration. Extends the authorization of appropriations for the FIPSE program. Revises and renames the Minority Science and Engineering Programs the Minority Science Improvement Program. Repeals a requirement tht the Secretary submit to the Congress an annual list of grantees. Directs the Secretary in cooperation with the heads of other Federal departments and agencies that operate programs similar to the Minority Science Improvement Program, to report to the President before 1995, summarizing and evaluating those programs. Repeals provisions for Science and Engineering Access Programs. Requires grant recipients, in order to remain eligible to receive funds, to demonstrate to the Secretary that they are making reasonable progress toward achieving the project goals. Repeals specified provisions: (1) relating to Procedures for grant and contract review; and (2) for the Advisory Board for the Minority Science and Engineering Improvement Programs. Extends the authorization of appropriations for the Minority Science Improvement Program. (Eliminates provisions allocating funds and providing an additional appropriation for new activities specifically aimed at increasing the participation of minority students in scientific and engineering research careers.) Revises and renames the Innovative Projects for Community Services and Student Financial Independence programs the Innovative Projects for Community Services, to support innovative projects to encourage student participation in community service projects, including literacy projects. Provides that the Secretary (rather than the FIPSE Board Director) shall establish the procedures under which the FIPSE Board approves Innovative Projects grant and contract applications. Extends the authorization of appropriations for Innovative Projects for Community Services (and increases the amount of such funding to reflect the incorporation of certain functions of the Student Literacy Corps eliminated by this Act). Title X: Partnerships for Economic Development and Urban Community Service - Repeals the Partnerships for Economic Development and Community Service program. Title XI: General Provisions - Revises the definition of institution of higher education. Requires such institutions, in order to be eligible to participate in HEA programs, to comply with such minimum State licensing standards as the Secretary may prescribe by regulation and which the relevant State licensing body is to impose upon institutions it licenses. Revises the alternative accreditation process. Authorizes the Secretary, if a particular category of institutions is not accredited because no nationally recognized accrediting agency or association is qualified to do so, to appoint an advisory committee to: (1) recommend standards to qualify institutions in such category to participate in HEA programs; and (2) review whether particular institutions meet such standards. Requires an institution, if it is accredited by more than one accrediting body, to designate, for HEA eligibility purposes, one such body as it primary accreditor, on either an institutionwide or program basis. Deems such an institution no longer accredited for purposes of HEA eligibility for a 24-month period if its accreditation is terminated for cause by the primary accreditor, or if it withdraws from such accreditation voluntarily under a show cause or suspension order, unless such accreditation is restored by the same accreditor during such 24-month period. Revises provisions relating to treatment of territories and territorial student assistance. Changes from mandatory to discretionary the Secretary's authority to waive the eligibility criteria of any postsecondary education program administered by the Department of Education where such criteria does not take into account the unique circumstances of specified U.S. territories. Eliminates provisions for: (1) promulgation of certain regulations; and (2) an authorization of appropriations for supporting the cost of providing postsecondary education programs on Guam for nonresident students from specified U.S. territories. Extends the authorization for the continued existence of the National Advisory Committee on Accreditation and Institutional Eligibility. Revises provisions for peer review of applications to authorize the Secretary to use up to one-half of one percent of appropriations, for discretionay grants, contracts, or cooperative agreements to provide for the panels of readers required to review the applications for such grants, contracts, and agreements. Provides for sharing of institutional eligibility information by the Secretary, guaranty agencies, accrediting agencies, and State licensing bodies. Makes ineligible for any HEA assistance any individual who is in default on any loan made, insured, or guaranteed by the Federal Government, unless satisfactory repayment arrangements are made. Repeals provisions for: (1) a Joint Study Commission on Postsecondary Institutional Recognition; and (2) regional technology transfer centers. Title XII: Effective Dates - Sets forth effective dates for various provisions of this Act.

Smith-Wyden Rural Health Care Improvement Act of 1991

United States · United States Congress · 6 June 1991

Smith-Wyden Rural Health Care Improvement Act of 1991 - Title I: Tax Provisions - Amends the Internal Revenue Code to allow a tax credit for family practice physicians, nurse practitioners, and certified physicians' assistants who serve in rural and medically underserved areas. Allows such individuals a tax deduction for education loan interest. Title II: Other Provisions - Amends the Public Health Service Act to authorize appropriations for FY 1992 for area health education centers. Deems physicians or other licensed health care practitioners employed in federally-funded migrant health centers, community health centers, and centers to provide health services to the homeless as Public Health Service employees for purposes of liability claims of medical malpractice. Requires such health entities to have implemented appropriate policies and procedures to assure against malpractice.

HealthAmerica: Affordable Health Care for All Americans Act

United States · United States Congress · 5 June 1991

HealthAmerica: Affordable Health Care for All Americans Act - HealthAmerica Act - Title I: Amendments to Public Health Service Act - Amends the Public Health Service Act to create a new title on basic health benefits for employees and their families. Requires each employer, with regard to each of its full-time employees and their families, and allows an employer, with regard to all of its part-time employees and their families, to: (1) enroll them in a health benefit plan under provisions of this Act; or (2) make a contribution for coverage of the employees and their families under the public health insurance plan added by this Act to the Social Security Act. Requires employers making a contribution to follow prescribed procedures to facilitate enrollment of its employees, including distributing and submitting enrollment forms and withholding and submitting payroll deductions. Requires, beginning seven years after enactment of this Act, that an individual seeking benefits under a Federal program certify possession of health insurance meeting minimum standards under this Act. Conditions claiming of a personal exemption deduction under the Internal Revenue Code on the individual filer certifying coverage meeting such standards. Title II: Requirements for Health Benefit Plans - Allows, except for provisions of title III of this Act relating to small and medium-sized business insurance, an employer to meet the requirements of this title through any health benefit plan. Exempts, in certain circumstances, employers in the State of Hawaii from the requirements of this title so long as the Hawaii Prepaid Health Care Act remains in effect. Requires that enrollment of an employee include enrollment of the employee's family and prohibits waiver of enrollment of the employee or the employee's family, subject to exception to avoid duplicate enrollment. Permits variations in premiums, deductibles, copayments, and coinsurance which are actuarially equivalent to the requirements in certain provisions of this title. Establishes an Advisory Board to develop actuarial equivalency standards and to deal with other matters concerning the administration of this title. Sets forth general requirements for plan coverage, including, subject to certain limitations, inpatient and outpatient hospital care, inpatient and outpatient physician services, diagnostic tests, prenatal and well-baby care, preventive services (limited to well child care, pap smears, and mammograms), and inpatient and outpatient mental disorder care. Prohibits limitations on the amount, scope, and duration of certain benefits. Allows such limitations on specified other benefits. Allows a plan to: (1) provide benefits through managed care systems; (2) select particular providers or types, classes, or categories of providers; and (3) establish different levels of payment for different providers. Allows an employer to establish a fee schedule or other basis for payment different from charges, provided the payment is sufficient to achieve adequate access to plan services without additional out-of-pocket expenses, but for permitted copayments and deductibles. Requires inpatient mental health care to include payment for professional services by a physician or a licensed or certified clinical psychologist. Requires plan coverage to include outpatient services by a licensed or certified clinical psychologist or a provider with training and education equivalent to a licensed clinical social worker. Mandates reports to the Congress regarding: (1) possible changes to the preventive services covered; and (2) the cost-effectiveness and desirability of coverage of colorectal cancer, prostate cancer, and osteoporosis screening and of coverage of outpatient prescription drugs. Specifies when plan coverage must begin in various circumstances. Prohibits preexisting condition limitations or exclusions. Allows a part-time employee who is charged an increased premium under specified provisions of this Act to waive enrollment. Requires the employer, in such case, to pay, under title V of this Act, the minimum amount the employer would have paid toward coverage if the employee had not waived enrollment. Requires continuation of employee or family coverage during a period of hospitalization. Permits a plan to require an enrollee to pay premiums, deductibles, copayments, and coinsurance amounts, subject in each case to certain limits. Limits out-of-pocket expenses. Mandates administration of certain requirements and standards of this title by the State agency designated by the State's chief executive officer. Requires certain notice to the employee, including plan contents, the availability of premium and cost-sharing subsidies, and employer failure to make premium payments. Provides for establishment of model plan language. Requires each plan to designate an individual to answer questions on the plan. Requires the State administering authority to assist employees regarding their rights under the plans. Provides for review of denied claims. Allows an employer to offer a nonmanaged care plan as well as a managed care plan. Allows an employee, if no unmanaged plan is offered, to use nonparticipating providers. Allows a plan to provide for cost-sharing of up to 200 percent of the normal or minimum plan if nonparticipating providers are used. Provides for a civil monetary penalty on an employer, up to a specified percentage of all wages paid by the employer for the year, for failure to comply with specified provisions of this Act. Requires penalties collected to be credited to the public health insurance plan established by this Act. Makes an employer that knowingly does not comply with specified provisions of this Act liable for damages, including health care costs, to the employee or the family of the employee. Allows the employee or family to bring a civil action to recover damages. Title III: Special Assistance for Small and Medium Sized Businesses - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to declare that certain provisions of ERISA supersede any State law relating to benefits under title II of this Act. Includes benefit plans under that title in the ERISA definitions of "employee welfare benefit plan" and "welfare plan." Subtitle A: Reform of Small Group Insurance - Amends the Public Health Service Act to create a new part, and amends (using similar language) the Social Security Act to create a new title, on group health insurance standards. Prohibits issuing a health benefit plan in a State, or offering a new contract under such a plan with respect to a small employer (defined as having fewer than 100 employees), unless the plan meets certain standards under this Act. Provides for: (1) complaints by individuals and entities respecting potential violations of certain requirements of this subtitle; (2) investigations and related procedures; and (3) enforcement, including cease and desist orders, civil monetary penalties, and orders to take other corrective action. Requires penalties collected to be credited to the AmeriCare Trust Fund. (Provides, in the amendments to the Social Security Act, but not in the amendments to the Public Health Service Act, for imposition on a carrier that is not in compliance with provisions of this subtitle of an excise tax, as provided in subtitle B of this title.) Directs the Secretary to request the National Association of Insurance Commissioners (NAIC) to develop a model Act and model regulations to implement requirements of this subtitle. Requires establishment of a toll-free telephone number to: (1) handle consumer complaints or inquiries; and (2) provide information to small employers and consumers about carriers that offer plans in the area. Mandates periodic audits of State regulatory programs by the Comptroller General to determine compliance with provisions of this subtitle. Sets forth transitional provisions applicable only to plans offered to small employers during the first four years after the effective date of these provisions, including: (1) allowing, in certain circumstances, preexisting condition exclusion; and (2) requiring making available equivalent coverage during any waiting period before the individual may be covered by the plan. Requires carriers offering a plan to small employers to: (1) register with State regulatory authorities; and (2) offer the same plan to any other small employer in the community. Allows: (1) health maintenance organizations (HMOs) to have geographic and size limitations; and (2) carriers to require participation by a minimum percentage of employees. Requires, at the option of the business, plan renewability under the same terms as for issuance, except for rates and administrative changes. Regulates rate changes. Requires premiums for plans offered to small employers to be based on a single cohesive rating system applied consistently for all small employer groups and designed not to treat groups, after the fourth year after enactment of this Act, differently based on health status or risk status. Requires the lowest rate for plans with similar benefits within a block of business to be the same for all small employers. Limits the percentage by which the premium rate for the most expensive block of business may exceed the rate for the least expensive block of business. Allows limited variation in premium rates for: (1) different age and gender groups; and (2) employers who elect, under provisions of this Act, reimbursement under title XVIII (Medicare) of the Social Security Act. Requires plans offered to small employers to permit enrollment and compute premiums based on four specified beneficiary classes. Requires plans offered to small employers to: (1) cover all basic health services specified in title II of this Act; and (2) not impose cost-sharing in excess of that permitted by title II (with regard to the amendments to the Public Health Service Act) or in excess of that permitted by the Social Security Act, as amended by title VI of this Act (with regard to the amendments to the Social Security Act.) Requires the carrier, except HMOs, to offer to the small employer a plan that only provides basic services and maximum cost-sharing. Requires a carrier (other than an HMO or a reinsurance carrier) which offers a managed care plan to an employer that is not a small employer to make a managed care plan available to small employers in the same community. Requires the NAIC to develop a model to standardize benefits offered to small employers to promote consumer understanding and comparison among plans. Requires each carrier offering a plan to small employers under subtitle E (relating to payment for services at Medicare rates) of this title to offer the employer the option of having payment at rates no higher than the rates established by title II of this Act (with regard to the amendments to the Public Health Service Act) or by title XVIII (Medicare) of the Social Security Act (with regard to the amendments to the Social Security Act). Applies, with regard to an employer who elects such option, the limits on charges that may be made under Medicare to individuals receiving benefits under the plan. (Applies, with regard to the amendments to the Social Security Act, the sanctions imposed under Medicare and title XI (general provisions and peer review) of the Social Security Act to violations of these limits.) Requires the NAIC to develop models of legislation for the enactment of health insurance policy reinsurance systems for use by States, including plans offered to small employers. Specifies three models which must be included. Requires any system enacted to provide for an adjustment in reinsurance premiums charged to HMOs that takes into account specified factors. Subtitle B: Tax Equity for Small and Medium-Sized Business - Amends the Internal Revenue Code to allow self-employed individuals to take a deduction for 100 percent of the cost of health insurance coverage for the individual and the individual's family under subtitle A of this title or under AmeriCare. (Current law allows a deduction of 25 percent of the cost of health insurance coverage.) Provides for a deduction for certain group health plan contributions for the benefit of self-employed individuals. Imposes an excise tax on an entity's violation of the Social Security Act, as amended by subtitle A of this title. Subtitle C: Opportunity for Voluntary Provision of Coverage - Prohibits requiring a medium-sized employer (defined as having between 25 and 100 employees) to provide a health benefit plan under title II of this Act or make a contribution under title V of this Act until the fifth calendar year after enactment of this Act. Ties application to medium-sized employers of the requirement to provide coverage or make a contribution to the number of uninsured employees of all such employers, during or after those four years, as compared to the number of such employees when this Act is enacted. Delays application to small employers of the requirement to provide coverage or make a contribution until the sixth calendar year after enactment of this Act. Ties application of the requirement to the change in the number of uninsured employees of small employers in the first five years. Subtitle D: Small Business Tax Credit - Amends the Internal Revenue Code to allow an eligible small business (defined as having no more than 60 employees) a tax credit for a percentage of health plan expenses. Reduces the percentage as the number of employees increases and as the expanded profit ratio increases. Subtitle E: Additional Assistance to Small and Medium-Sized Businesses - Makes businesses with fewer than 100 employees that did not provide coverage in the year before enactment of this Act eligible to buy private coverage from a small or medium-sized business insurer under which health service providers are paid at rules based on Medicare rates. Allows a small employer that employs fewer than 25 employees and that has been an employer for not more than three years to: (1) not provide coverage or make a contribution for the first two years of being an employer; and (2) make a contribution at one-half the normal rate. Establishes a small and medium-sized business advisory committee. Authorizes appropriations. Title IV: Reducing Health Care Cost Inflation - Subtitle A: Outcomes Research and Practice Guideline Development and Dissemination - Amends the Public Health Service Act to require the Administrator for Health Care Policy and Research to: (1) develop an initial set of guidelines for at least three clinical treatments or conditions that account for a significant portion of national health expenditures, have a significant variation in treatment, or otherwise meet specified needs and priorities; and (2) develop outcomes research and practice parameters for mental health services, including regarding childhood attention deficit disorders and manic depression. Amends the Social Security Act to increase the authorization of appropriations to carry out provisions relating to research on outcomes of health care services and procedures. Modifies the percentages which are, during FY 1993 and 1994, to be appropriated from the Federal Supplementary Medical Insurance Trust Fund. Subtitle B: Federal Health Expenditure Board - Amends the Public Health Service Act to establish as an independent agency in the executive branch the Federal Health Expenditure Board. Amends the Public Health Service Act and, using similar language, the Social Security Act to require the Board to take specified actions, including: (1) developing national health care expenditure, access, and quality goals; (2) convening and overseeing negotiations between providers and purchasers to develop payment rates regarding those expenditure goals; (3) establishing recommended payment levels and other recommended measures; (4) developing State and regional goals; (5) establishing uniform billing and claim forms and mandatory reporting requirements; and (6) recommending rates, budgets, and other measures. Mandates that the Board require negotiations regarding physician and hospital care. Allows the Board to require negotiations concerning other health care sectors. Declares that the Board shall determine which individuals, organizations, and institutions are eligible for representation by negotiators. Sets forth procedures and requirements regarding approval of an organization or individual as a negotiator. Sets forth requirements regarding payment systems adopted for hospitals or physicians. Requires the Board, when negotiators for a sector fail to reach an agreement, to promulgate regulations recommending advisory rates and other matters to achieve the goals. Allows, with regard to the amendments to the Public Health Service Act, purchasers and providers to combine for the purpose of agreeing to pay or charge at the recommended rates. Allows, with regard to the amendments to the Social Security Act, purchasers to combine for such purpose. Makes a provider assessing or a purchaser paying rates other than those required: (1) ineligible for any assistance under the Public Health Service Act (with regard to the amendments to the Public Health Service Act) or for any assistance under the Social Security Act (with regard to the amendments to the Social Security Act); and (2) liable to the United States for a civil monetary penalty. Provides for temporary injunctive relief. Requires the Board to promulgate regulations recommending nonbinding rates for all Federal programs that reimburse providers on a fee, charge, or cost basis or charge third-party providers on such basis. Exempts from that requirement: (1) with regard to the amendments to the Public Health Service Act, programs under titles XVIII (Medicare), XIX (Medicaid), or XXI (AmeriCare) of the Social Security Act; and (2) with regard to the amendments to the Social Security Act, programs under such title XVIII. Prohibits, through the fifth fiscal year after enactment of these provisions, Federal payments from rising as a result of such rates. Allows a State consortium, with the approval of the Board, to establish an alternative payment system, rates and methods for achieving Board goals. Requires the Board to establish a system of uniform billing and reporting to enable the Board to determine the progress in meeting the goals, enable providers and purchasers to provide and obtain efficiently provided care, and reduce administrative costs of the health care system. Directs the Secretary to develop and implement methodologies that will measure the effectiveness of the health care service provided by health care providers. Amends Federal law to add members of the Board to the list of positions paid at levels III and IV of the Executive Schedule. Amends the Social Security Act to require the Board to make recommendations regarding hospital and physician services, including modifications of the prospective payment system and the physician payment system. Prohibits, through the fifth fiscal year after enactment of these provisions, the recommendations from increasing Federal payments. Subtitle C: State Purchasing Consortia - Amends the Public Health Service Act to mandate establishment in each State of a consortium open to all providers and purchasers of health insurance and health care in the State. Directs the Secretary of Health and Human Services to make a grant to each State for establishment and initial operation of the consortium. Amends the Public Health Service Act and, using similar language, the Social Security Act to set forth the mandatory consortium functions, including: (1) enrolling all small share health insurance companies in the State as consortium members; (2) establishing a claim payment fund and payment procedures, with the fund to be capitalized through public and private contributions and assessments by the consortium on such enrollees; (3) developing and using uniform billing and claim forms and procedures consistent with subtitle B of this title; and (4) attempting to reduce administrative costs and burdens on enrollees and providers through specified measures. Lists optional consortium functions, including: (1) permitting insurers with a large market share in a State to participate in the consortium; and (2) convening negotiations with providers, purchasers, and others on service availability, coverage and reimbursement levels, and claim submission and payment procedures. Exempts such negotiations, if authorized by the State, from Federal anti-trust laws. Declares that the Consumer Product Safety Act and other Federal consumer protection laws apply to the mandatory consortium functions. Allows States to enter into an agreement for the establishment of a regional consortium. Declares that a State that fails to comply with the requirements regarding consortia shall be ineligible: (1) with regard to the amendments to the Public Health Service Act, to receive assistance under that Act; and (2) with regard to the amendments to the Social Security Act, to receive payments to States under provisions of that Act, as amended by title VI of this Act. Amends the Public Health Service Act to authorize appropriations to carry out provisions relating to the consortia. Subtitle D: Cost Control Grant Program - Amends the Public Health Service Act to authorize grants and contracts for the development, demonstration, and evaluation of innovative methods for reducing health care costs. Provides for the establishment of a clearinghouse and other activities to disseminate information on successful health care cost control methods. Authorizes appropriations. Subtitle E: Malpractice Reform - Authorizes grants to States for programs for medical malpractice reforms. Requires programs receiving grants to include alternative dispute resolution methods. Allows the programs to include medical practice guidelines. Requires a grant to be either: (1) a planning grant, for up to two years; or (2) an operational grant, for up to five years. Authorizes appropriations. Provides for the collection and analysis of data and issues related to: (1) ineffective or unnecessary testing; (2) the occurrence of malpractice and malpractice awards; (3) licensing and disciplining; and (4) malpractice insurance. Authorizes appropriations. Subtitle F: Reducing the Administrative Cost of Assuring Appropriate Utilization of Health Care Services and Improving the Quality of Health Care Services - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to contract with the quality improvement board in each State to review the quality of health care provided by professionals and institutions in the State and to establish mechanisms to encourage continuous quality improvement. Amends the Public Health Service Act and, using similar language, the Social Security Act to set forth board duties, including: (1) adopting practice guidelines and quality improvement guidelines; (2) recommending continuous quality improvement measures; (3) reviewing provider performance, with the board allowed to certify a provider as an outstanding provider; and (4) data collection. Prohibits a plan from: (1) denying payment for any service performed or ordered by a provider certified as outstanding; and (2) denying coverage on the basis that the service is not medically necessary. Authorizes planning grants to facilitate the establishment of a board in each State. Authorizes appropriations. Subtitle G: Use of Practice Guidelines in Federal Health Insurance and Service Programs - Requires that clinical guidelines developed under existing provisions of the Public Health Service Act relating to the Forum for Quality and Effectiveness in Health Care be used in Federal health insurance programs as utilization review screens and as practice guidelines in Federal programs providing health care services. Subtitle H: National Standards for the Promotion of Managed Care - Amends the Public Health Service Act to prohibit any State law or regulation from: (1) prohibiting a managed care plan from selecting providers, or the type of providers, as the participating providers; or (2) limiting the ability of a managed care entity to negotiate, make contracts or establish alternative rates or forms of payment for participating providers, or require or provide incentives to promote the use of participating providers. Allows, notwithstanding any State law, an entity to offer utilization review services, provided certain procedures are established. Makes the applicable State regulatory authority (or, in certain circumstances, the Secretary of Health and Human Services) responsible for certifying, for the Public Health Service Act and the Social Security Act, whether a plan is a managed care plan. Prohibits making amounts available to a State under the Public Health Service Act unless the State is in compliance with this requirement. Deems a State, unless the State's chief executive officer otherwise indicates, to have elected to comply. Limits State regulation of certain actions by managed care plans. Provides for the establishment of Federal standards for utilization review programs of health benefit plans. Preempts inconsistent State laws or regulations. Subtitle I: Expansion of Technology Assessment - Requires the Administrator for Health Care Policy and Research to focus on expanding and applying assessments of existing health care technologies, to be achieved in part through an evaluation of services provided to individuals through publicly and privately funded sources. Mandates a program of contracts and cooperative agreements for the establishment of public-private partnerships to undertake technology assessment and related activities in the private sector. Title V: Contribution by Employers Not Providing Private Health Coverage - Amends the Internal Revenue Code to provide for the percentage of wages which must be paid by employers who elect, under provisions of this Act, to pay a contribution rather than provide a health benefit plan covering their employees. Provides for setting, by the Secretary of Health and Human Services, of that percentage at a level that reflects the cost of coverage of no more than 65 percent of those employees under provisions of the Social Security Act (as amended by this Act) and at least 35 percent covered under provisions of the Public Health Service (as amended by this Act). Title VI: Assuring Provision of Health Benefits to All Americans - Amends the Social Security Act to create a new title on "AmeriCare," under which a State is required to provide basic health benefits described in this title to: (1) any child or pregnant woman without other nongovernmental health coverage by the second year after enactment of this title; (2) any employee or family member for whom an employer makes a contribution under title V of this Act by the second year after enactment of this title; and (3) any individual not covered by a plan under title II of this Act by the seventh year after enactment of this title. Sets forth other requirements on States for participation in AmeriCare. Entitles each individual not otherwise covered under a health benefit plan under title II of this Act to basic health benefits under AmeriCare. Allows each State to require that employers collect AmeriCare premiums on behalf of the employer's employees. Requires basic benefits to include inpatient and outpatient hospital care, inpatient and outpatient physician services, diagnostic tests, prenatal and well-baby care, preventive services (limited to well child care, pap smears, and mammograms), inpatient and outpatient mental disorder care, and certain items and services described under existing provisions of title XIX (Medicaid) of the Social Security Act relating to early and periodic screening, diagnosis, and treatment for children under the age of 21. Requires, subject to exception, the basic health benefits with respect to special eligibility individuals to include medical assistance in the State's plan under Medicaid. Allows a State to provide, but prohibits Federal payment for, coverage beyond basic benefits. Prohibits imposing premiums, deductibles, or other cost-sharing on an individual in an under-poverty family. Sets varying limits on premiums, deductibles, and other cost sharing for individuals in families whose income is specified percentages over the poverty line. Provides for the premium levels of employees whose employer elects, in lieu of providing a health benefit plan, to make a contribution under title V of this Act. Allows States to compute premiums separately for four specified combinations of individual, spouse, and child coverage. Limits deductibles, copayments, coinsurance, and out-of-pocket expenses. Declares ineligible for AmeriCare benefits an individual who is enrolled in a health plan under title II of this Act, except that AmeriCare is required to pay, with respect to an individual covered by a plan or whose employer makes a contribution under title V of this Act, for: (1) premiums, deductibles, and other cost-sharing for an individual in an under-poverty family; and (2) a specified percentage of premiums, deductibles, and other cost-sharing for an individual in a near-poverty family. Requires that an individual receive advanced payment of supplemental premium payments for the calendar year from AmeriCare. Disqualifies all family members from the supplemental payments if a required family income statement is not filed by a specified deadline. Requires payment under AmeriCare to be: (1) on the same basis as under title XVIII (Medicare) of the Social Security Act, adjusted by the Secretary of Health and Human Services to take into account differences between the population served under Medicare and the population served by AmeriCare or title II of this Act; (2) according to an alternative payment system provided for by a State, if the State meets in the aggregate for all health care providers in the State the requirements for national reimbursement levels described in these provisions; or (3) under Medicare rates phased-in over specified periods. Prohibits administrative or judicial review of the payment rates or rules, including adjustments, under these provisions. Allows a State to contract for the design and implementation of innovative systems of health care delivery and administrative systems that meet the standards of the AmeriCare title. Requires each State, as part of AmeriCare, to offer managed care plans, selected competitively, in which an individual eligible under AmeriCare may enroll. Directs the Secretary of Health and Human Services to establish demonstration projects to enable States that submit an approved application to implement cost management initiatives that promote the effective furnishing of care. Specifies initiatives required to be included. Allows the Secretary to provide that a State plan for AmeriCare may include payment for services described in existing provisions of title XIX (Medicaid) of the Social Security Act relating to home or community-based services. Provides for the administration of AmeriCare in each State, directly or by contract: (1) by that State; (2) at the election of the State and with the approval of the Secretary, by the Secretary; or (3) by a regional administration with other States approved by the Secretary. Provides for review of denied claims and other administrative matters. Mandates a quarterly Federal payment to each State with an approved AmeriCare plan for the Federal share of the expenditures for benefits, supplemental payments, and administrative expenses. Sets the State share of expenses at 80 percent of the State percentage under title XIX (Medicaid) of the Social Security Act during the second year after enactment of this Act and increases that percentage until 100 percent of the State medicaid percentage is reached in the seventh year after enactment. Establishes in the Treasury the AmeriCare Trust Fund consisting of such gifts and bequests as may be made and amounts credited to the Fund. Appropriates to the Fund the amounts received from: (1) contributions by employers under title V of this Act in lieu of health plan coverage; (2) AmeriCare premiums collected by employers on behalf of employees; (3) penalties collected for employment discrimination based on family status and the requirement to enroll a spouse or child; and (4) penalties collected for failure of an employer to either provide coverage or make a title V contribution. Authorizes appropriations to the Fund as required to make certain expenditures from the Fund. Authorizes and appropriates from the Fund each fiscal year a sum sufficient to carry out the purpose of the AmeriCare title, to be used for making payments to States with approved plans for benefits, supplemental payments, and administrative expenses. Requires amounts received in the Fund to be allotted to each State on the basis of amounts received in the Fund with respect to employees residing in the State. Make amounts in the Fund available, as provided in appropriations Acts, for the expenses of administering the AmeriCare title. Provides for review of AmeriCare programs by utilization and quality control peer review organizations in a similar manner as provided under title XVIII (Medicare) of the Social Security Act. Directs the Secretary of Health and Human Services to develop: (1) recommendations for the calculation of a specific Federal insurance assistance percentage applicable to coverage furnished under AmeriCare; and (2) recommendations for the creation of an emergency fund to fund certain benefits under AmeriCare in the event a State experiences changes in economic conditions or other conditions necessitating emergency funding. Mandates a reduction (by one quarter after the second year after enactment of this Act and by one half after the seventh year after enactment of this Act) in the Medicare disproportionate share adjustment percentage, subject to exception for hospitals receiving, under title VI of this Act, less that 200 percent of the reduction. Amends title XIX (Medicaid) of the Social Security Act to prohibit the provision of medical assistance under Medicaid to any individual eligible for AmeriCare. Provides for an annual increase in the Medicaid cap on payments to territories based on the percentage increase in the total Federal program costs of AmeriCare over such costs of Medicaid in the year preceding the effective date of this Act. Title VII: Development of Health Service Capacity - Amends the Public Health Service Act to mandate grants to entities that do or will meet requirements relating to migrant or community health centers to expand the availability of comprehensive primary health services in medically underserved or high impact areas. Sets forth priorities in making the grants, including that the amounts be used to provide services in areas with the greatest need and in which demand can be expected to increase after implementation of this Act. Authorizes appropriations. Title VIII: Effective Date - Sets forth the effective dates of specified provisions of this Act. Declares that, after enactment of this Act, no employer shall be required under title II of this Act to provide any health benefit in addition to the benefits required under specified provisions of title II, as in effect on the date of enactment, unless: (1) the additional benefit is for a service that AmeriCare plans are required to cover; and (2) before enactment of such requirement, the benefits and costs have been analyzed and considered by the Congress.

Chinese Student Protection Act of 1992

United States · United States Congress · 4 June 1991

Chinese Student Protection Act of 1991 - Defers enforced departure for certain Chinese student and exchange visitor nationals until January 1, 1994, or July 1, 1994, if the President has not certified to the Congress that conditions in the People's Republic of China permit the safe return of such nationals. Waives the two-year home country residence requirement and authorizes such students to travel abroad and work in the United States. Amends the Immigration and Nationality Act to provide for the adjustment to temporary resident status of certain nationals of the People's Republic of China residing in the United States under student, vocational student, or exchange visitor visas. Waives the two-year home country residence requirement for such persons.

A bill to amend the Immigration and Nationality Act to provide for the deportation of aliens who are convicted of felony drunk driving.

United States · United States Congress · 4 June 1991

Amends the Immigration and Nationality Act to provide for the deportation of an alien who has been convicted of driving an automobile while under the influence of alcohol or a controlled substance in connection with a traffic accident resulting in a fatality or serious bodily injury to an innocent party.

A bill for the relief of Alicia Lasin Brummitt, and Bobby Lasin Brummitt.

United States · United States Congress · 4 June 1991

Declares named individuals to have been lawfully admitted to the United States for permanent residence under the Immigration and Nationality Act.

Pepper Commission Health Care Access and Reform Act of 1991

United States · United States Congress · 4 June 1991

Pepper Commission Health Care Access and Reform Act of 1991 - Title I: Access To Private or Public Health Insurance For Basic Health Services Through Employment - Amends the Social Security Act to add a new title XXI entitled "Access to Private or Public Health Insurance For Basic Health Services Through Employment." Requires, under the new title, that employers enroll their employees and family members in a qualified employer health plan or in the public health insurance plan discussed in title II of this Act. Sets forth requirements relating to employee premiums and cost-sharing. Title II: Access to Health Insurance for Basic Health Services Through a Public Health Insurance Plan - Amends the Social Security Act to add a new title XXII entitled "Access to Health Insurance for Basic Health Services Through a Public Health Insurance Plan." Provides, under title XXII, for a new public health insurance program to be administered by the Health Care Financing Administration through the use of fiscal agents in the same manner as under Medicare (title XVIII of the Social Security Act) to process claims. Requires program coverage of basic health services, including preventive services, subject, except with respect to preventive services, to specified deductible and coinsurance requirements, with an overall annual limit on cost-sharing of $3,000. Makes U.S. residents and citizens who are not Medicare beneficiaries or enrolled under the qualified employer health plan described under title I or any other qualified health insurance plan eligible to enroll in the public health insurance program. Makes low-income individuals enrolling in the program eligible for assistance to limit or eliminate their financial obligations under the program. Requires the program to provide early and periodic screening, diagnosis, and treatment services (EPSDT) services for children. Allows Medicare beneficiaries to obtain Medicare supplemental (Medigap) coverage under the public health insurance program. Prohibits payment under title XXII for services furnished which are not reasonable and medically necessary. Allows provision of covered services without limitation, except as specified under prescribed guidelines. Provides for the use of Medicare payment rules for purposes of benefit payments under title XXII. Sets forth provisions for: (1) determining the amount of premiums to be charged individuals and employers for enrollment under title XXII; and (2) collecting premiums. Creates in the Treasury the Public Health Insurance Trust Fund to support the public health insurance program through the premiums charged under this Act. Authorizes appropriations each fiscal year to cover the Government's share of program costs. Outlines requirements established under part F (Qualified Health Plans) of title XXII respecting basic benefits, limits on pre-existing condition exclusions and on cost-sharing, and other protections which private health insurance plans must afford consumers in order to be certified by the Secretary of Health and Human Services as qualified for issuance or sale. Outlines administrative provisions. Directs the Secretary to provide information via a toll-free telephone number on low-income assistance and other information concerning the public health insurance program. Authorizes the Secretary to conduct demonstration projects under this title. Title III: Quality Assurance and Cost Containment - Authorizes the Secretary to waive the requirements of titles XVIII and XXII of the Social Security Act insofar as they prevent the use of State uniform payment rates, under prescribed conditions. Requires the Administrator for Health Care Policy and Research to design, implement, and evaluate studies on medical malpractice issues and demonstration projects related to medical malpractice reform for the purpose of making recommendations to the Congress respecting: (1) incentives to improve the quality of care; and (2) cost-effective methods of providing efficient and appropriate compensation to individuals injured in adverse medical occurrences. Authorizes appropriations. Title IV: Group Health Insurance Reform - Subtitle A: General Reforms - Amends the Public Health Service Act to add a new title XXVII entitled "Group Health Insurance Standards." Requires States to enforce the minimum Federal standards required to be established under the new title for employment-related health plans. Requires the Secretary to certify such plans as meeting such requirements if the applicable State has not established a regulatory program to enforce the standards. Prohibits employment-related health plans from denying or limiting coverage of basic health services on the basis of an individual's health status or lack of insurability. Sets forth additional requirements applicable to all employment-related health plans. Requires small employer health plans to offer a basic benefit package, use community rating, guarantee issue and renewal of policies, and meet certain information disclosure and recordkeeping requirements. Subtitle B: Encouraging Establishment of Managed Care - Preempts State law restricting the use of network plans and utilization review programs that meet Federal standards. Subtitle C: Repeal of COBRA Continuation Requirements under the Public Health Service Act - Repeals title XXII of the Public Health Service Act. Title V: Expansion of Primary Care and Public Health Delivery Capacity in Meeting Health Objectives - Amends the Public Health Service Act to extend the authorization of appropriations for programs related to immunization, tuberculosis, lead poisoning, sexually transmitted diseases, migrant health centers, community health centers, health services for the homeless, health services for residents of public housing, family planning, and HIV disease. Amends title XXII (Access to Health Insurance for Basic Health Services Through a Public Health Insurance Plan) of the Social Security Act, as added by title II of this Act, to direct the Secretary of Health and Human Services, from amounts in the Public Health Insurance Trust Fund established by this Act, to make grants to plan and develop primary care centers and public health clinics, defined as migrant or community health centers or other entities qualified to receive a grant under specified provisions of the Public Health Service Act. Directs the Secretary to report to the Congress every five years on the impact of this Act in meeting the goals in the report "Healthy People, 2000." Requires each report to include recommendations regarding changes in qualified health plan benefits and payment policies to promote achievement of national health promotion and disease prevention goals and objectives. Title VI: Financing and Tax-Related Provisions - Amends the Internal Revenue Code to: (1) provide a full deduction for qualified health plan insurance costs of self-employed individuals; (2) make such deduction permanent; (3) repeal provisions imposing an excise tax for the failure of group health plans to satisfy coverage requirements; and (4) impose a surtax on individual and corporate income tax liability. Title VII: Medicare and Medicaid Amendments - Subtitle A: Medicare - Amends the Medicare program to assure coordination of enrollment with qualified health plans and to provide coverage of colon rectal cancer screening services. Subtitle B: Medicaid - Amends the Medicaid program (title XIX of the Social Security Act) to continue Medicaid benefits not covered under such public health insurance program and to discontinue those benefits covered under the program. Title VIII: Conforming Changes to ERISA - Amends the Employee Retirement Income Security Act of 1974 to repeal provisions regarding continuation coverage under group health plans and to make other conforming changes to assure coordination with the amendments made by this Act.

Teacher Leadership Act of 1991

United States · United States Congress · 30 May 1991

Teacher Leadership Act of 1991 - Title I: Teacher Recruitment - Part A: University Partnerships for Classroom Leadership - Amends the Higher Education Act of 1965 (HEA) to create University Partnerships for Classroom Leadership. Authorizes the Secretary of Education (the Secretary) to make grants to qualifying institutions (including institutions with large enrollments of minority or disadvantaged and historically Black colleges or universities) to establish partnerships with local education agencies (LEAs) to support: (1) mentorship or tutoring programs; (2) cultural, recreational, or athletic activities; (3) programs of college students as teacher aides; (4) seminars or workshops to advise college students about child development, child psychology, teaching methods, or the teaching profession; and (5) other appropriate activities to establish a presence of minority role models in the classroom or encourage minority students to enter the teaching field. Requires equitable distribution of such grants throughout the Nation and among a variety of communities. Permits the use of grant funds for: (1) training of college students and professors and school teachers; (2) instructional or curriculum materials; (3) transportation or incidental costs associated with participation; and (4) any other appropriate expenses of planning, implementing, or operating the partnership with the LEA. Authorizes appropriations. Part B: Community Partnerships for Classroom Leadership - Creates a National Mini Corps Program for higher education institution partnerships with the migrant community. Authorizes the Secretary to award grants to such institutions to establish partnerships to provide certain migrant college students with training to help them serve as student or teacher role models, links to the community, and tutors and teachers of migrant children. Provides for equitable distribution of grants. Allows the use of grant funds for program planning, implementation, and operation, but limits the portion that may be used for administrative expenses. Authorizes appropriations. Part C: National Job Bank for Teacher Recruitment Study and Demonstration - Establishes a National Job Bank for Teacher Recruitment. Directs the Secretary, through the Office of Educational Research and Improvement (OERI), to study the feasibility of establishing: (1) a clearinghouse to operate a national teacher job bank; and (2) regional clearinghouses. Directs the Secretary, through OERI, to contract with one or more State entities, nonprofit organizations, or higher education institutions to pay the Federal share of costs of establishing a Teacher Job Bank Clearinghouse to help: (1) public and private education agencies locate qualified applicants for teaching-related positions; and (2) individuals locate teaching-related jobs or training necessary to enter the teaching profession. Authorizes appropriations. Title II: Broadening the Diversity of Skills and Expertise of Teachers - Part A: Business Partnerships for Classroom Leadership - Authorizes the Secretary to make grants to LEAs to establish model partnerships with business community representatives to sponsor programs for: (1) local business representatives to work with teachers to provide supplementary instruction in the classroom; (2) classroom teacher internships working in local businesses to gain practical experience or new skills or expertise; (3) local business representatives to work with school administrators to develop instructional material; and (4) other appropriate activities for forming a working relationship between business and classroom leaders. Provides for equitable distribution of grants. Gives priority to partnerships focusing on mathematics or science expertise of classroom teachers, particularly at the elementary level. Allows awards only to partnerships of sufficient size and scope to be models. Allows use of funds for partnership planning, implementation, and operation, but limits the portion which may be used for administrative costs. Authorizes appropriations. Part B: Teacher Certification and Licensure - Establishes Standards for Teacher Certification programs to provide Federal support and technical assistance to States to: (1) review their teacher certification and licensure requirements; and (2) determine what new standards or alternative routes need to be developed. Directs the Secretary to make State allotments based on population of children ages five through 17. Directs the Secretary to reserve a portion of funds to provide technical assistance to States which are developing new standards or alternative routes for teacher certification and licensure. Allows States to use assistance for review of existing standards and development of new standards and alternative routes for teacher certification and licensure. Allows States to carry out such activities directly or through grants to appropriate agencies, institutions, or organizations. Authorizes appropriations. Title III: Innovations in the Practice of Teaching - Part A: CLASS (Classroom Leaders Assisting Students to Succeed) Academies - Replaces professional development resource centers for teachers with CLASS (Classroom Leaders Assisting Students to Succeed) Academies. Directs the Secretary to award grants to LEAs, State educational agencies, higher education institutions, private management organizations, or nonprofit organizations, or consortia of such entities, to establish and operate a CLASS Academy in each State. Requires that special consideration in awarding grants be given to entities receiving Leadership in Educational Administration Development assistance which can meet specified requirements. Sets forth grantee obligations and general criteria for grants. Requires each grant to be for five years, with possible renewal for one additional five-year period. Allows the use of grant funds for: (1) developing and implementing preservice and in-service training programs and professional development activities for prospective and practicing teachers, including summer institutes; (2) providing support services, consultation, and technical assistance for school-based training and professional development activities; (3) disseminating information about Academy programs and the latest research findings on teaching and learning; and (4) other appropriate expenses related to development and implementation of teacher programs and activities and Academy operation. Authorizes appropriations. Directs the Secretary, from appropriations for this part for FY 1992 or any succeeding fiscal year, to make available a necessary amount for establishing and operating a CLASS Academy in each State. Sets the non-Federal matching amount at 25 percent of the award to a grantee in FY 1992, and 50 percent in succeeding fiscal years. Part B: Research, Evaluation, and Dissemination - Authorizes the Secretary to make grants to and contracts with higher education institutions and other public or private organizations for research and evaluation of alternative teaching strategies, including ones designed to reach particular student populations (such as those who are disadvantaged or who have disabilities or limited English proficiency), and innovative programs for teacher education and training. Authorizes appropriations. Directs the Secretary, through the National Diffusion Network, to disseminate information and technical assistance with respect to alternative teaching strategies to LEAs, higher education institutions' teacher training programs, and CLASS Academies. Authorizes appropriations.

Job Training Partnership Act Amendments of 1991

United States · United States Congress · 30 May 1991

Job Training Partnership Act Amendments of 1991 - Title I: Amendments to the Job Training Partnership Act - Amends the Job Training Partnership Act (the Act) to authorize appropriations for: (1) Training Services for the Disadvantaged, Adult Opportunity Program; (2) the Youth Opportunity Program; (3) Employment and Training Assistance for Dislocated Workers (other than provisions for clean air employment transition assistance); (4) Federally Administered Programs (Employment and Training Programs for Native Americans and Migrant and Seasonal Farmworkers; Veterans' Employment Programs; National Activities; Labor Market Information; National Commission for Employment Policy; Training to Fulfill Affirmative Action Obligations); and (5) Job Corps. Authorizes appropriations for the new Youth Opportunities Unlimited Progam. Defines "basic skills deficient" as reading or computing skills at or below 8th grade level. Adds organizations serving older workers to the list of community-based organizations. Strikes from such list the National Urban Indian Council. Revises the definition of "economically disadvantaged" to refer to income guidelines promulgated each year by the Secretary of Health and Human Services. Revises the definition of "supportive services" to include drug and alcohol abuse counseling and referral and individual and family counseling. Includes representatives of local welfare agencies on private industry councils (PICs). Revises requirements for service delivery area (SDA) job training plans. Revises requirements for performance standards to add measurement of increased basic education attainment and occupational skills (as well as the current measurement of increased employment and earnings and reduced welfare dependency). Provides for the following additional factors in performance standards for youth programs: (1) attainment of employment competencies; (2) secondary and postsecondary school completion or its equivalent; and (3) enrollment in other training programs or apprenticeships, or enlistment in the armed forces. Authorizes the Secretary of Labor (the Secretary) to prescribe variations on such standards for youth programs to reflect the differences between in-school and out-of-school programs. Requires PIC's to determine levels for competency standards, based on factors such as entry skill levels and other hiring requirements. Directs Governors to award incentive funds to SDAs for achieving performance standard levels. Changes from discretionary to mandatory the authority of State Governors to prescribe variations in performance standards within certain parameters. Requires selection of service providers on a competitive basis to the maximum extent possible. Requires such selection process to include: (1) determination of the service provider's ability to meet program design specifications; and (2) documentation of compliance with procurement standards. Requires, with specified exceptions, that all expenditures under the Act be charged to appropriate cost categories. Establishes new cost categories and cost limitations for the Adult Opportunity and Youth Opportunity Programs. Requires the Governor's coordination and special services plan to include descriptions of State coordination measures and projected grant uses. Renames the State job training coordinating council the State human resource investment council. Revises specified provisions for State education coordination and grants. Repeals specified provisions for training programs for older workers. Revises program requirements for service delivery systems. Exempts normal tuition charges for training or education from certain requirements for a breakdown of cost components. Limits the duration of on-the-job training to a period not in excess of that generally required for acquisition of skills needed for that position, but never exceeding six months. Requires on-the-job contracts to: (1) specify types and duration of training and other services; and (2) if an intermediary brokering contractor is used for placements, specify certain additional services and factors. Allows a public or private nonprofit entity to retain any income earned under any program under the Act if it is used to carry out the program, even though financial assistance has expired. Requires States to establish fiscal control and fund accounting procedures to ensure proper disbursal and accounting of Federal funds. Requires the Governor to establish procurement standards for States, local areas, and SDA's to ensure that specified criteria are met. Revises reporting and recordkeeping requirements. Requires recipients to maintain and provide to the Secretary standardized records of a sufficient number of individual participants to provide an adequate sample size to allow for preparation of national estimates to meet specified requirements. Requires States, administrative entities conducting the program, and recipients (other than sub-recipients) to monitor the performance of service providers. Requires Governors to ensure that requirements are established for retention of records for specified periods. Revises training services for disadvantaged adults and renames them the Adult Opportunity Program. Sets forth new eligibility requirements and a new formula for the allotment of funds to the disadvantaged adult program. Requires that the following features be included in all individual adult programs: (1) assessment of skill levels and service needs; (2) service strategy; (3) progress review; and (4) where appropriate, basic and occupational skills training. Requires SDAs to link with: (1) other specified Federal programs; and (2) State, local, and private programs, as appropriate. Allows an SDA to transfer up to ten percent of adult program funds to the youth program under certain conditions. Revises training services for disadvantaged youth and renames them the Youth Opportunity Program. Sets forth new eligibility requirements and a new formula for the allotment of funds to the disadvantaged youth program. Requires that the following features be included in all individual youth programs: (1) assessment of skill levels and service needs; (2) service strategy; (3) progress review; and (4) where appropriate, training in basic, occupational, pre-employment, and work maturity skills, work experience combined with skills training, and supportive services. Requires SDAs to link the youth program with: (1) other specified Federal programs; and (2) as appropriate, State, local, and private programs. Allows an SDA to transfer up to ten percent of youth program funds to the adult program under certain conditions. Provides, with respect to employment and training assistance for dislocated workers, that an eligible dislocated worker participating in training (except on-the-job training) shall be deemed to be in training with the approval of the State agency for purposes of unemployment compensation. Increases from ten to 20 percent of total enrollment the allowable number of nonresidential participants enrolled in the Job Corps in any year. Requires that, in enrolling nonresident participants, priority be given to those eligible individuals who are single parents with dependent children. Establishes a new Youth Opportunities Unlimited Program. Authorizes the Secretary to establish such national progam of Youth Opportunities Unlimited (YOU) grants to pay 50 percent of of the cost of comprehensive education, training, and supportive services for youth in high poverty areas in urban and rural areas. Requires such grants to be awarded to the local service delivery area (on behalf of the participating community) in which the target area is located (or to designated grantees if the target area is in a migrant worker community, Indian reservation, or Alaskan native village). Authorizes the Secretary to select as grant recipients up to 25 communities in the first year after the program is in effect. Makes such grants cover a three-year period, with each year conditional upon compliance. Authorizes participating communities to apply for grants for use on behalf of target areas. Requires that a designated target area have not more than 25,000 population. Requires that program funds be used for services to youth ages 14 through 21. Title II: State Human Resource Investment Council - Requires each State which receives assistance under applicable programs to establish a single State human resource investment council to review and advise on coordination of applicable programs under: (1) the Adult Education Act; (2) the Carl D. Perkins Vocational and Applied Technology Education Act; (3) the Job Training Partnership Act; (4) the Rehabilitation Act of 1973; (5) the Wagner-Peyser Act; (6) the JOBS program of the Social Security Act; and (7) specified provisions of the Food Stamp Act of 1977.

Higher Education Amendments of 1992

United States · United States Congress · 23 May 1991

Amends the Higher Education Act of 1965 (HEA) to reauthorize funding for its various programs. Extends through FY 1996 the authorization of appropriations for: (1) program and planning grants, and for national programs, under postsecondary programs for nontraditional students; (2) the Student Literacy Corps; (3) academic library and information technology enhancement; (4) institutional aid; (5) supplemental educational opportunity grants; (6) grants to States for State student incentives; (7) special programs for students from disadvantaged backgrounds; (8) special programs for students whose families are engaged in migrant and seasonal farmwork; (9) the Robert C. Byrd Honors Scholarship Program; (10) the veterans' education outreach program; (11) special child care services for disadvantaged college students; (12) work-study programs; (13) the income-contingent direct loan demonstration project; (14) direct loans to students in institutions of higher education; (15) educator recruitment retention and development; (16) periodicals published outside the United States; (17) international education programs; (18) business and international education programs; (19) construction, reconstruction, and renovation of academic facilities; (20) the agriculture, strategic metals, minerals, forestry and oceans college and university research facilities and instrumentation modernization program; (21) cooperative education; (22) graduate programs; (23) postsecondary improvement programs; (24) the minority science and engineering improvement program; (25) innovative projects for community service and student financial independence; and (26) partnerships for economic development and urban community service. Extends through FY 1997: (1) the aggregate annual limit on the authorization of appropriations for HEA programs (not including the Pell Grant and the Robert T. Stafford Student Loan programs); and (2) the 85 percent Federal share of awards under the supplemental educational opportunity grants program. Extends through academic year 1997 the annual maximum basic grant amount of $3,100 under the program of basic educational opportunity grants (Pell Grants).