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Bill· SS. 1177 (102nd)open
United States · United States Congress · 23 May 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. 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. Directs the Secretary to submit to the Congress a report on requiring use of uniform claims forms. Title IV: Group Health Insurance Reform - Subtitle A: General Reforms - Amends the Social Security Act to add a new title XXIII 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: Reinsurance Systems - Directs the National Association of Insurance Commissioners to develop several models of legislation for the enactment of reinsurance systems that may be used by States with respect to health insurance policies (including small employer health plans). Subtitle C: Encouraging Establishment of Managed Care - Preempts State law restricting the use of managed care plans and utilization review programs that meet Federal standards. 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) impose an excise tax on entities for willful and uncorrected violations of requirements applicable to employment-related health plans under title XXIII of the Social Security Act; (4) allow very small businesses a refundable credit against income taxes for qualified employer health plan costs; and (5) repeal provisions imposing an excise tax for the failure of group health plans to satisfy coverage requirements. Requires the Secretary of Health and Human Services to review and report to the Congress on the impact of this Act, and the tax credits provided above, on employers of ten or fewer full-time employees. Requires the public health insurance plan to be funded through one or more funding means in a manner which is: (1) progressive in the aggregate; (2) sufficient, each year, over time, and in the aggregate, to cover the net costs of the plan; and (3) not derived from any one age group of society. Title VII: Medicare and Medicaid Amendments - Subtitle A: Medicare - Amends the Medicare program to assure coordination of enrollment with qualified health plans. 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.
Bill· SS. 1151 (102nd)open
United States · United States Congress · 23 May 1991
Comprehensive Violent Crime Control Act of 1991 - Title I: 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) espionage, treason, homicide, 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) kidnapping 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) international terrorism (where the killing is a first-degree murder); (8) engaging in a criminal enterprise activity which results in death; (9) specified violations of the Controlled Substances Act, the Controlled Substances Import and Export Act, and the Maritime Drug Law Enforcement Act; and (10) genocide. 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 II: Habeas Corpus Reform - Subtitle A: General Habeas Corpus Reform - Habeas Corpus Reform Act of 1991 - 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 a habeas corpus writ notwithstanding the failure to exhaust State remedies. Prohibits the granting of a writ of habeas corpus with respect to any claim which has been fully and fairly adjudicated in State proceedings. Sets forth provisions with respect to the appointment of counsel. Subtitle B: Death Penalty Litigation Procedures - Death Penalty Litigation Procedures 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 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 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 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. Title III: Exclusionary Rule - 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. Title IV: Firearms - Subtitle A: Firearms and Related Amendments - Amends the Federal criminal code to prohibit the transfer of firearms to non-residents of the State in which the transferor resides. 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. Provides for enhanced penalties for: (1) the use of a semiautomatic firearm during a crime of violence or drug trafficking offense, with exceptions; and (2) possession of a firearm or explosive during the commission of such offenses. Sets forth penalties for smuggling firearms in aid of drug trafficking and for theft of firearms and explosives. Provides for the mandatory revocation of the supervised release of an individual for possession of a firearm. Increases penalties for: (1) making knowingly false, material statements in connection with the acquisition of a firearm from a licensed dealer; and (2) a second offense of using an explosive to commit a Federal felony. Amends the Internal Revenue Code 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. Title V: Obstruction of Justice - Increases penalties for obstruction of justice offenses against court officers and jurors and for retaliatory killings of witnesses, victims, and informants. Includes State and local law enforcement officers assisting Federal officers or employees in the performance of their official duties within the scope of provisions setting penalties for individuals who kill or attempt to kill any U.S. judge, U.S. Attorney, or specified other classes of individuals. 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 requires 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. Title VII: Terrorism - 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. 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. jurisdiction over the territorial sea and over crimes against U.S. nationals on foreign vessels. Subtitle C: Terrorist Alien Removal - Terrorist Alien Removal Act of 1991 - Amends the Immigration and Nationality Act to make terrorist activity (as defined by this Act) grounds for deportation. Establishes removal procedures for alien terrorists, including a special removal hearing which shall be open to the public. Sets forth provisions with respect to: (1) the introduction of evidence, including a provision restricting the public from being fully informed of such evidence or its source unless the Department of Justice elects to introduce such evidence in open session; (2) the burden of proof; and (3) appeals. Specifies that an alien subject to removal under provisions of this title shall have no right of discovery of information derived from electronic surveillance authorized under the Foreign Intelligence Surveillance Act or otherwise for national security purposes, nor shall such alien have the right to seek suppression of such evidence. Authorizes the Government to use, in the removal proceeding, the fruits of electronic surveillance authorized under such Act. Specifies that no order of removal shall be stayed pending disposition of a writ of certiorari except as provided by the Court of Appeals or a Justice of the Supreme Court. Directs the Chief Justice of the United States to: (1) 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; and (2) provide for the maintenance of appropriate security measures for applications for ex parte orders to conduct the special removal hearing, the orders themselves, evidence received in camera and ex parte, and other matters as necessary to protect information concerning matters before the court from harming the national security of the United States, adversely affecting foreign relations, revealing investigative techniques, or disclosing confidential sources of information. 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. Amends the Immigration and Nationality Act to: (1) grant exclusive jurisdiction to the U.S. Court of Appeals for the Federal Circuit to review excludability orders; (2) provide 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; and (3) delete a provision authorizing an alien held in custody pursuant to a deportation order to obtain judicial review by habeas corpus proceedings. Subtitle D: 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; (3) committing certain homicides and attempted homicides involving firearms in Federal facilities; and (4) providing material support to terrorists. Makes specified terrorist offenses predicates to a violation of the Racketeer Influenced and Corrupt Organization statute. Authorizes the civil and criminal forfeiture of property used to commit specified terrorist and violent acts. Provides for enhanced penalties for specified offenses, such as fraud and misuse of visas, permits, and other entry documents. Directs the U.S. Sentencing Commission to amend its sentencing guidelines to provide an increase of not less than three levels in the base offense level for any felony that involves or is intended to promote international terrorism, with exceptions. Subtitle E: Antiterrorism Enforcement Provisions - Authorizes the Attorney General to award permanent residence or other status to an alien and his immediate family who is already present in the United States under specified circumstances, such as where necessary to protect the life of an individual who has cooperated with Federal law enforcement authorities, subject to certain numerical limitations. Amends the Alien Enemies Act to authorize the President, whenever invoking the authority contained in such Act as to aliens of a hostile nation or government and upon further determining that the United States may also be subject to actual, attempted, or threatened predatory incursions by aliens of other nations, to include within the terms of such Act (which provides for the apprehension, restraint, and removal of alien enemies) any or all other aliens within the United States as the President may designate. Authorizes the Director of the Federal Bureau of Investigation (FBI) to obtain (after submitting a written request) from a wire or electronic communications service provider subscriber information regarding a person or entity which is relevant to an authorized foreign counterintelligence investigation, where information available to the FBI indicates that there is reason to believe that communications facilities registered in the name of such person or entity have been used, through the services of such provider, in communication with a foreign agent or power. Establishes penalties for the disclosure by such a provider, or an officer, employee, or agent of such provider, that the FBI has sought or obtained access to such information. Amends the Consumer Credit Protection Act to require a consumer reporting agency to furnish a consumer report or other information requested in connection with an authorized foreign counterintelligence investigation to the FBI under specified conditions. Makes it a misdemeanor for such agency, or an officer, employee, or agent of such institution, to disclose to any person that the FBI has sought or obtained a consumer report or identifying information respecting any consumer. Authorizes: (1) interceptions of communications (subject to approval by the appropriate Federal judge) under specified Federal provisions, such as where such interception may provide evidence related to terrorist acts abroad, use of weapons of mass destruction, and violence at airports; (2) participation of foreign and State government personnel in interceptions; and (3) disclosure of intercepted communications, under specified circumstances, to foreign law enforcement officials. Extends the statute of limitations for specified terrorism offenses. Title VIII: Sexual Violence and Child Abuse - Amends the Federal Rules of Evidence to allow evidence of similar offenses in criminal or civil sexual assault and child molestation cases. Amends the Controlled Substances Act to provide for increased penalties for distribution of a controlled substance to a woman while she is pregnant. 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 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 12 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 12 months following the assault. Title IX: Drug Testing - Requires: (1) the Director of the Administrative Office of the U.S. Courts to establish a program of drug testing of criminal defendants on post-conviction release; and (2) the chief probation officer in each district to arrange for the drug testing of such defendants. Requires, as an explicit condition of probation, parole, or supervised release of a defendant involving a felony or a specified violent or drug offense, that the defendant refrain from any unlawful use of a controlled substance and submit to periodic drug tests. Sets limitations on the authority to require such tests and to take action against a defendant based on test results. Requires the revocation of probation, supervised release, or parole if a prisoner unlawfully uses a controlled substance or refuses to cooperate in drug testing imposed as a condition of such probation, supervised release, or parole. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to condition State eligibility for justice system improvement grants on State implementation of a drug testing program for targeted classes of persons subject to charges, confinement, or supervision in the criminal justice systems of such State. Specifies that: (1) such program must meet criteria specified by the Attorney General; and (2) no State shall be required to expend an amount for drug testing in excess of ten percent of the minimum amount which such State is eligible to receive under such Act. Directs the Attorney General to promulgate regulations to implement such requirements which: (1) incorporate scientific and technical standards determined by the Secretary of Health and Human Services to ensure reliability and accuracy of drug test results; and (2) include such other guidelines for drug testing programs in State criminal justice systems as the Attorney General determines are appropriate, as well as provisions by which a State may apply for a waiver of such requirements on the grounds that compliance would impose excessive financial or other burdens on such State or would otherwise be impractical or contrary to State policy. Title X: Equal Justice Act - Equal Justice Act - Requires that: (1) the death penalty and all other penalties be administered by the United States and by every State without regard to the race or color of the defendant or victim; and (2) neither the United States nor any State prescribe any racial quota or statistical test for the imposition or execution of the death penalty or any other penalty. Directs that, in a criminal trial in any Federal or State court, on motion of the defense attorney or prosecutor: (1) the risk of racial prejudice or bias be examined on voir dire if there is a substantial likelihood in the circumstances of the case that such prejudice or bias will affect the jury either against or in favor of the defendant; and (2) a change of venue be granted if an impartial jury cannot be obtained in the original venue because of racial prejudice or bias. Bars the prosecutor or the defense attorney from making any appeal to racial prejudice or bias in statements before the jury. Requires: (1) the judge in a Federal capital case before a jury to instruct the jury not to be influenced by prejudice or bias relating to the race or color of the defendant or victim in considering whether a sentence of death is justified, and that the jury is not to recommend the imposition of such sentence unless it has concluded that it would recommend the same sentence for such crime regardless of the race or color of the defendant or victim; and (2) the jury, upon the return of a recommendation of a sentence of death, to also return a certificate, signed by each juror, that the juror's individual decision was not affected by prejudice or bias relating to the race or color of the defendant or victim and that the individual juror would have made the same recommendation regardless of the race or color of the defendant or victim. Makes the fact that the killing of a victim was motivated by racial prejudice or bias an aggravating factor whose existence permits consideration of the death penalty, in a prosecution for an offense against the United States for which a sentence of death is authorized. Authorizes imposition of the death penalty for violation of specified civil rights provisions, if death results. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize drug control and system improvement grants to States to provide in all appropriate cases, particularly in collateral and other post-conviction proceedings, adequate resources and expertise to ensure that the death penalty is expeditiously carried out. Amends specified civil rights provisions to cover conspiracy against rights, and deprivation of rights under color of law, of any person (currently, inhabitant of) a State, territory, or district. Title XI: Victims' Rights - 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.
Bill· SS. 1133 (102nd)referred
United States · United States Congress · 22 May 1991
Comprehensive Services for Children and Youth Act of 1991 - Authorizes the Secretary of Education to award grants to eligible entities to pay 80 percent of the costs for activities relating to school-based or community-based coordinated educational and social services programs to strengthen the educational performance and future potential of at-risk youth (both in-school and out-of-school). Requires such grants to be awarded only to programs designed to: (1) co-locate a range of educational and social services; (2) provide multi-year services to at-risk children and youth and their families; (3) serve the specified target population; and (4) be coordinated by the eligible entity with activities under other Federal, State, and local grants received by partnership members for purposes and target populations described in this Act, into an integrated service delivery system co-located at a school or other community-based site accessible to and used by at-risk youth. Gives priority to eligible entities providing comprehensive services extending beyond traditional school or service hours, that may include year-round programs providing evening and weekend services. Allows such grants to be made for up to five years, if recipients make satisfactory progress toward program objectives. Requires an equitable geographic distribution to both urban and rural areas with a high proportion of at-risk youth. Authorizes bonus awards to recipients demonstrating increases in coordination and level of services above those anticipated in the application or interim report. Makes eligible to receive such grants, to serve in-school children and youth, a partnership between a local educational agency (LEA) that is eligible for certain funds for education of disadvantaged children under chapter 1 title I of the Elementary and Secondary Education Act of 1965 (chapter 1 program), and at least one nonprofit community-based organization with a history of providing social services to low-income at-risk youth and their families, and which: (1) must also include public health, child welfare, social services, job training, public housing agencies or other public agencies providing services to such youth and families; and (2) may include private industry councils, or other relevant planning and program implementation boards providing services to such youth and families. Makes eligible for such grants, to serve out-of-school youth, a partnership between at least one public entity of the types described above, or an LEA eligible for chapter 1 program funds, and at least one nonprofit comunity-based organization described above. Requires the eligible entity, to receive such a grant, to serve the following target population: (1) students enrolled in schools participating in school-wide projects assisted under the chapter 1 program, and their families; (2) students enrolled in schools that are the most economically disadvantaged within the LEA; (3) out-of-school youth at-risk of having limited future options as a result of teenage pregnancy and parenting, substance abuse, recent immigration, disability, limited English proficiency, family migration, illiteracy, being a child of a teen parent, living in a single parent household, or being a high school dropout; or (4) any combination of in-school and out-of-school youth. Allows the eligible entity to serve the families of such students or youth. Includes among authorized activities: (1) one-stop shopping programs in schools or nearby community-based service centers to provide comprehensive educational and social services to the target population and families, support necessary costs (such as rentals, leases, open and lock-up fees, maintenance, security, and operation), and encourage participation of service providers necessary for comprehensive services delivery; (2) unified eligibility procedures, integrated data bases or administrative structures, and secure confidentiality procedures for information-sharing and interagency communications, including various technological developments to improve coordination; (3) integrated needs assessment, case planning, and case management services, through staff support for interagency teams of service providers or hiring school-based social services coordinators or neighborhood youth corps; and (4) integrated social services for at-risk students, for smooth transitions of preschool children to elementary school and of secondary or alternative school students to job training, higher education, or full employment. Sets forth application requirements and limitations for planning grants. Requires grant funds under this Act to be used to supplement but not supplant non-Federal funds. Sets forth grant application requirements. Requires each eligible entity desiring such a grant to establish a coordinated services planning council to develop such application. Directs the Secretaries of Education and of Health and Human Services to jointly review such applications, and to consult with the Secretaries of Labor and of Housing and Urban Development, as appropriate. Requires grant recipients to submit annual interim reports to the Secretary of Education. Amends the Augustus F. Hawkins Human Resources Reauthorization Act of 1990 to direct the Federal Council on Children, Youth, and Families to: (1) identify and eliminate program regulations or practices that impede coordination and collaboration; (2) develop and implement plans for creating jointly funded programs, unified assessments, eligibility, application procedures, and confidentiality regulations that facilitate information-sharing; and (3) make recommendations to the Congress on legislative action needed to facilitate coordination of educational and social services. Directs the Secretary of Education (the Secretary) to study grants awarded under this Act to identify: (1) for elimination, regulatory and statutory obstacles encountered; and (2) for replication, appropriate innovative procedures and program designs. Directs the Secretary to evaluate the success of such grants in achieving outcome measures and coordinating services. Directs the Secretary to report, with recommendations, to specified congressional committees on such study. Sets forth requirements for grant payments, Federal and non-Federal shares, technical assistance, and dissemination of information on successful models through the National Diffusion Network. Authorizes appropriations for FY 1992 through 1996 to carry out this Act.
Bill· SS. 1135 (102nd)referred
United States · United States Congress · 22 May 1991
Education USA: School Restructuring, Goals and Results for America's Schools Act of 1991 - Title I: Urban and 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 a city-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 urban and rural school children to at least the national average; (2) prepare all urban and rural children for school; (3) increase the graduation rates of urban and rural students to at least the national average; (4) prepare urban and 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 urban and 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 urban and 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; (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 urban and 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 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 - Part A: Urban School Research and Evaluation - Authorizes appropriations, to carry out this title, for the National Institute for Urban Education (the Institute), established in the Department of Education by this title. Amends the Department of Education Organization Act to create an Assistant Secretary for Urban Education (the Assistant Secretary), who is to establish the Institute in the Department. Directs the Assistant Secretary to: (1) reserve 20 percent of funds for this title for operation of the Institute; and (2) from the remainder of such funds, make allotments to urban eligible LEAs on the basis of numbers of students. Directs the Institute to: (1) evaluate and disseminate results of activities under title I; (2) conduct research in urban education; (3) serve as a clearinghouse on urban education research findings, policies, and practices; (4) assist LEAs in developing research and evaluation to assess progress toward meeting national education goals; (5) provide training in research and evaluation; (6) design a research and evaluation strategy for assessing progress under this Act; and (7) design and test both common indicators and new multiple-measures of progress toward national education goals. Provides for an Institute Governing Board. Allows urban LEAs to use funds under this part for: (1) collaborative and coordinated research and evaluation of educational techniques or approaches in multiple cities served by eligible LEAS; (2) evaluation of projects assisted under title I; (3) dissemination of information on successful projects and approaches under title I; (4) design and implementation of programs for LEA technical assistance to individual schools and teachers involved in title I projects; (5) data and information management services for schools participating in a title I program; (6) staff training in such schools; (7) evaluation of progress in meeting national educational goals by LEAs receiving assistance under this Act; (8) staff training in test interpretation and use for diagnostic purposes; (9) information for parents on test results and interpretation; (10) research and evaluation technology and training; (11) tools for assessment of students in individualized instruction; (12) research on school policies and practices that may be barriers to student success; and (13) new, multiple, alternative assessments of student progress. Part B: Rural School Research and Evaluation - Authorizes appropriations to carry out this part. 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 receiving 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 part 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 Urban and Rural Schools to: (1) review Federal programs to determine effects on urban and rural school ability to meet national education goals; (2) track school progress toward such goals; (3) solicit advice and information from urban and rural education experts and urban 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 urban and rural school progress; (6) review and recommend improvement for streamlining of Federal data collection in urban and rural schools; and (7) conduct research to help urban and rural school practitioners improve school performance. Directs the President to conduct White House Conferences on Urban Education and on Rural Education before October 30, 1994. Requires the Conferences to: (1) develop recommendations and strategies for improving urban and rural education; (2) marshal the forces of the private sector, governmental agencies at all levels, parents, teachers, communities, and education officials to assist urban and rural schools in meeting national goals; and (3) conduct initial planning for a permanent national advisory commission on urban education and on rural education. Requires reports to the President. Authorizes appropriations for such Conferences. Establishes the Augustus F. Hawkins National Commission on Urban Education and the Carl D. Perkins National Commission on Rural Education (the Commissions). Directs the Commissions to: (1) study specified issues relating to urban and rural schools; and (2) report, and recommend changes in Federal legislation, to the President and appropriate congressional committees. Terminates the Commissions three years after their first meetings. Authorizes appropriations for the Commissions. Requires eligible LEAs to use Federal funds received under this Act only to supplement but not supplant non-Federal funds.
Bill· HRH.R. 2429 (102nd)referred
United States · United States Congress · 22 May 1991
Overseas American Children's Human Rights Act of 1991 - Amends the Immigration and Nationality Act with regard to U.S. citizenship (nationality) for children born abroad to U.S. citizen parents to: (1) repeal the provision regarding a child born to parents one of whom is a citizen and the other of whom is a national; (2) give U.S. citizenship to a child born to parents one of whom is a citizen and the other of whom is an alien if the citizen parent has been present in the United States one year (currently such parent must have five years' presence, two of which were after attaining the age of 14 years); and (3) give citizenship to a child born abroad to a U.S. citizen, in or out of wedlock, who would otherwise be stateless at birth.
Bill· SS. 1077 (102nd)referred
United States · United States Congress · 15 May 1991
Declares a named individual to have been lawfully admitted to the United States for permanent residence under the Immigration and Nationality Act.
Bill· SS. 1071 (102nd)referred
United States · United States Congress · 14 May 1991
Amends the Immigration Act of 1990 to extend through October 31, 1991, the application deadline for special temporary protected status for Salvadorans.
Law· HRH.R. 2332 (102nd)enacted
United States · United States Congress · 14 May 1991
Amends the Immigration Act of 1990 to extend through October 31, 1991, the application deadline for special temporary protected status for Salvadorans.
Bill· HRH.R. 2309 (102nd)referred
United States · United States Congress · 13 May 1991
Amends the Immigration and Nationality Act to waive certain service-connected disabilities as health-related grounds for denying an alien admission into the United States. Provides with regard to naturalization through armed forces service for: (1) a reduction in qualifying service time from three years to two years; and (2) eligibility based on any period of service in the case of a service-connected disability.
Bill· SS. 1037 (102nd)referred
United States · United States Congress · 9 May 1991
Amends the Immigration and Nationality Act to waive certain service-connected disabilities as health-related grounds for denying an alien admission into the United States. Provides with regard to naturalization through armed forces service for: (1) a reduction in qualifying service time from three years to two years; and (2) eligibility based on any period of service in the case of a service-connected disability.
Bill· HRH.R. 2291 (102nd)referred
United States · United States Congress · 9 May 1991
Incinerator Ash Amendments of 1991 - Amends the Solid Waste Disposal Act to require the Administrator of the Environmental Protection Agency to promulgate regulations governing the management of ash from specified solid waste incineration units. Authorizes such regulations to establish requirements that apply to fly or bottom ash separately or to a combination of fly and bottom ash. Prohibits: (1) except as provided in this Act, the disposal of ash in a landfill unless waste segregation of glass and metal food containers, newspaper, office paper, cardboard, used oil, scrap metal, and used motor vehicle batteries occurs before incineration of the waste that results in the creation of ash; (2) the disposal of ash in a landfill unless the ash was generated at a unit that meets operation and maintenance standards; and (3) the disposal of ash in a landfill unless the management and handling of the ash meets management and handling requirements. Requires ash to be disposed of in a landfill only if the landfill provides for groundwater monitoring and: (1) has two or more liners and a leachate collection system above and between such liners; (2) provides for the placement of ash in a monofill and a single liner to prevent migration of constituents into groundwater or into the liner; or (3) uses an alternative design that prevents the migration of hazardous constituents into groundwater or surface water as effectively as the other design requirements. Directs the Administrator to publish guidelines with respect to: (1) resource recovery from solid waste incineration ash disposed of prior to the effective date of regulations issued under this Act; (2) the use of solid waste incineration ash in the production of products and materials; and (3) the recycling or reuse of tires, paints, solvents, potentially hazardous household chemicals, household batteries, plastics, large household appliances, yard waste, and construction debris. Requires the Administrator to promulgate criteria and testing procedures for identifying the characteristics of ash which may pose a hazard to human health or the environment. Permits persons desiring to dispose of ash in a landfill, in lieu of meeting waste segregation and resource recovery requirements, to test the ash using such procedures. Authorizes such persons to dispose of nonhazardous ash in landfills. Sets forth additional testing requirements. Prohibits a facility from receiving incineration ash for management purposes unless the facility has a permit. Authorizes the Administrator to enforce requirements for States which fail to comply with ash regulations. Provides for public comment prior to the issuance of permits. Authorizes the Administrator to require corrective action or other response measures if a release of a hazardous substance from a regulated facility has occurred. Permits the Administrator to make grants to States for programs to promote the use of waste segregation and resource recovery from incinerator ash. Limits the amount of Federal funds for such programs. Requires the Administrator to conduct a program of research on, and development of, environmentally safe means to reuse incinerator ash. Authorizes appropriations.
Bill· HRH.R. 2261 (102nd)referred
United States · United States Congress · 8 May 1991
United States Marshal Service Amendments Act of 1991 - Amends the Federal judicial code to make incarcerated persons ineligible for witness fees. Amends the Federal criminal code to require that, if the Attorney General authorizes protection to an alien under the witness protection program, the appropriate U.S. officials provide such alien with appropriate immigration visas and allow such alien to remain in the United States as long as that alien abides by all U.S. laws and guidelines, rules, and regulations for protection. Authorizes the Attorney General, upon determining that the granting of permanent resident status to such alien is in the public interest and necessary for the safety and protection of such alien, to grant such status without regard to the alien's admissibility under the immigration laws or any other laws and regulations, subject to specified conditions. Specifies that permanent resident status shall not be granted under this Act to an alien who would be excluded because of felony criminal convictions, unless the Attorney General determines that granting such status is necessary to the interests of justice. Limits the number of aliens and members of their immediate families entering the United States under this Act to 100 persons in any one fiscal year.
Bill· HRH.R. 2239 (102nd)open
United States · United States Congress · 7 May 1991
Federally Assisted Health Clinics Legal Protection Act of 1991 - Amends the Public Health Service Act to include entities receiving Federal funds under provisions relating to migrant health centers, community health centers, or health services for the homeless, and officers, employees, or contractors of such entities who are licensed health care practitioners, in the coverage of provisions regulating civil actions for injury resulting from medical or related functions against commissioned officers or employees of the Public Health Service. Subrogates to the United States any insurance claim such an entity or person has. Prohibits grants under provisions relating to migrant or community health centers or health services for the homeless unless the applicant has: (1) implemented policies and procedures to assure against malpractice; and (2) no history of claims against it under such provisions relating to officers and employees of the Public Health Service.
Bill· HRH.R. 2198 (102nd)open
United States · United States Congress · 2 May 1991
Amends the Immigration and Naturalization Act to suspend the ban on public assistance for legalized aliens during a federally declared national emergency.
Bill· HRH.R. 2227 (102nd)referred
United States · United States Congress · 2 May 1991
Declares a named individual to have been lawfully admitted to the United States for permanent residence under the Immigration and Nationality Act.
Bill· HRH.R. 2150 (102nd)referred
United States · United States Congress · 30 April 1991
Higher Education Competitiveness Act of 1991 - Amends the Immigration and Nationality Act to revise admissions provisions for professors and researchers.
Bill· HRH.R. 2153 (102nd)referred
United States · United States Congress · 30 April 1991
Declares a named individual to have been lawfully admitted to the United States for permanent residence under the Immigration and Nationality Act.
Bill· SS. 976 (102nd)open
United States · United States Congress · 25 April 1991
Resource Conservation and Recovery Act Amendments of 1991 - Title I: General Amendments - Amends the Solid Waste Disposal Act to revise congressional findings, objectives, and national policy provisions. Extends the authorization of appropriations for the Solid Waste Disposal Act through FY 1996. Sets forth procedures for the administrative review of regulations. Title II: Toxics Use and Source Reduction - Encourages the Administrator of the Environmental Protection Agency (EPA), in promulgating requirements or taking actions under specified environmental Acts, to make toxics use and source reduction an integral part of the planning and decisionmaking process. Integrates specified provisions of the Pollution Prevention Act of 1990 into the Solid Waste Disposal Act. Requires the Administrator, as part of a source reduction strategy, to: (1) convey to EPA offices the impediments to toxics use and source reduction; (2) review and comment upon toxics use and source reduction strategies developed by other Federal agencies; (3) provide assistance to the educational community to promote the introduction of toxics use and source reduction principles into design, engineering, management, and environmental sciences curricula; and (4) provide for opportunities to educate Federal, State, and local government staff of opportunities for cross-media environmental protection. Extends the authorization of appropriations for grants to States to promote toxics use and source reduction by businesses through FY 1996. Requires the Administrator to survey a representative sample of owners and operators of facilities within Standard Industrial Code Classifications 20 through 39 to determine the nature and extent of: (1) the production, use, and consumption of hazardous substances and the generation of solid and hazardous wastes; and (2) toxics use and source reduction that has occurred or is planned. Directs the Administrator to: (1) establish guidelines for hazardous substance accounting practices; and (2) publish toxics use and source reduction goals for industrial categories required to report pursuant to the Emergency Planning and Community Right-to-Know Act. Requires owners or operators of facilities required to submit toxic chemical release forms pursuant to the Emergency Planning and Community Right-to-Know Act to submit to the Administrator or an authorized State a toxics use and source reduction plan. Directs the Administrator to establish a schedule for the submission of such plans. Sets forth minimum requirements for such plans. Requires owners or operators of such facilities to submit biennially to the State a toxics use and source reduction performance report documenting reduction activities. Sets forth minimum requirements for such reports. Permits persons who can show that a facility is not making a good faith effort to comply with a toxics use and source reduction plan to request EPA or an authorized State to certify whether the facility is in compliance. Authorizes the Administrator or an authorized State to require a facility audit and requires plan modifications if a facility fails to implement or achieve objectives of the plan. Applies plan requirements to Federal facilities that conduct operations comparable to facilities required to submit toxic chemical release forms. Authorizes the Administrator to adopt regulations for exempting categories of facilities from such requirements where toxic use and source reduction opportunities do not reasonably exist for such facilities. Requires the Administrator to establish a Products and Packaging Advisory Board to report on the development of a voluntary program to: (1) minimize the quantity of packaging and other material in the waste stream; (2) minimize the consumption of scarce natural resources in the production and use of packaging; (3) maximize the recycling and reuse of packaging; (4) reduce litter; and (5) assure that human health and the environment will not be affected adversely as a result of the use and disposal of packaging and products. Authorizes the Administrator, after considering the Advisory Board's report, to publish guidelines to take the steps covered by the proposed program. Requires the Administrator to: (1) determine the extent to which hazardous substances are contained in products distributed in commerce; and (2) submit to the Congress a list of products containing hazardous substances which may present a health or environmental risk when disposed or incinerated. Provides for annual revisions of such list. Authorizes the Administrator to promulgate regulations for the disposal or incineration of listed products. Requires the Administrator, if such regulations will not adequately protect human health and the environment, to regulate the manufacture and distribution in commerce of such products. Authorizes the Administrator to establish a research program at the Hazardous Substance Research Centers (created pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act) to assist the EPA Office of Pollution Prevention. Requires the Administrator to report to the Congress on the criteria that would be used in establishing a program of regulatory incentives to promote toxics use and source reduction and to evaluate the benefits to human health and the environment that can be achieved from such program. Title III: Recycling - Declares it to be a national goal that at a minimum the generation of municipal solid waste be reduced by at least ten percent by the year 2000 and that at least 25 and 50 percent of such waste stream be recycled by 1995 and the year 2000, respectively. Requires the Administrator to promulgate commodity specific recovery and utilization standards for paper, glass, metals, plastic products, and other commodities. Provides for the review of such standards at least every five years and for revisions, as necessary. Requires the annual minimum recovery and utilization rate (by December 31, 1995) to be at least: (1) 52 percent for newsprint; (2) 66 percent for corrugated paper products; (3) 20 percent for mixed paper grades; (4) 50 percent for high-grade deinking paper; and (5) 100 percent for pulp substitutes; or (6) 40 percent for all grades of paper products. Directs the Administrator, if such rates have not been achieved by such date, to establish specified minimum recycled materials content standards. Requires the minimum annual recovery and utilization rate for plastic bottles or containers having a thickness of seven mils or greater and which retain shape when unsupported to be at least 25 percent by December 31, 1995. Directs the Administrator, if such rate has not been achieved, to require the annual minimum recycled content in such bottles and containers to be 30 percent by December 31, 2000. Requires the annual average percentage of cullet in glass bottles and containers to be at least 65 percent by January 1, 2005. Directs paper manufacturers and manufacturers of glass, metal, and plastic bottles or containers to report annually to the Administrator on the amount produced, the amount of recycled material used, and the average annual percentage of recycled content used in production. Requires the Administrator to compile an annual list indicating the average annual amount of recycled material used by commodities and the percentage of recycled content for each manufacturer and commodity. Directs publishers of daily newspapers with annual circulations of 25,000 or more to publish the average annual recycled content used in the production of the newspaper. Requires the Administrator to report to the Congress on enforcing commodity specific recycling requirements. Directs the Administrator to conduct demonstration projects and to develop model programs for the collection of materials for recycling in urban and rural areas. Requires such programs to identify collection methods, recycling techniques and technologies, markets for recycled materials, methods for stimulating such markets, methods of financing, and education and training programs that are adapted for recycling in rural areas. Authorizes States to develop model programs or establish their own programs for collecting materials for recycling purposes. Sets forth minimum requirements for State programs. Requires procuring agencies to give preference in procurement to items produced with the highest percentage of recovered materials practicable. Directs such agencies to purchase a quantity of recovered materials, the value of which constitutes 20 percent of the total dollar amount spent on procurement. Increases such percentage by two percentage points every second fiscal year. Provides that the percentage of total procurement reached at the end of the tenth year shall be required for every succeeding fiscal year. Prohibits agencies from paying more than ten percent above the price of a similar item not meeting guidelines for recovered materials. Sets forth a schedule for the preparation of final guidelines for the procurement of recovered glass, ferrous and nonferrous metals, lead-acid batteries, compost, plastic, used tire fragments, and rubber. Requires the Administrator to provide technical assistance to procuring agencies for compliance purposes. Directs the Secretary of Agriculture to establish a program to assure that purchases of fertilizer by the Department of Agriculture include fertilizer made with composted solid waste or secondary materials. Requires the Secretary of Defense to review specifications for military procurement items and to make necessary modifications to eliminate requirements that discriminate against the use or acquisition of items containing recovered materials. Directs the Secretary of Commerce to take actions to stimulate the development of new markets for recovered materials and products containing such materials. Requires the Secretary and the U.S. Trade Representative to identify foreign markets for such materials and products and to assist exporters of such materials and products in selling in such markets. Directs the Secretary to: (1) acquire and disseminate information regarding the world demand and competition for recyclable materials and products containing recovered materials, the marketing and distribution of such materials and products in foreign countries, and the factors influencing the export of such materials and products from the United States; and (2) undertake demonstrations abroad of the standards of quality of such materials and products. Provides that Federal contracts for $1,000,000 or more shall require at least 50 percent of materials (for which there are procurement guidelines) used in such contracts to be produced from recycled materials. Permits any person to petition a Federal agency to undertake a waste reduction action and requires such action to be undertaken if: (1) the action would bring about at least a five percent increase in recycled content of an item or would reduce by at least five percent the total volume or toxic constituents of solid waste described in the petition; (2) the action would be consistent with existing law or policies can be modified to accommodate the action and remain in accordance with statutory requirements; and (3) the action would bring about a net saving in cost to the Federal Government or would be neutral in effect or cost. Requires Federal agencies to designate waste reduction officers to oversee compliance with Federal waste reduction requirements. Title IV: Waste and Secondary Materials Management - Revises minimum requirements for State solid waste management plans. Requires States, as part of such plans, to submit to the Administrator capacity management reports that identify or estimate: (1) the amount of municipal waste generated annually within the State; (2) the amount of such waste that is exported annually to other States for recycling, incineration, or disposal; and (3) the amount of such waste that is transported annually into the State from other States for incineration or disposal. Directs States with exports of solid waste in excess of amounts imported to provide for specified reductions of waste exports in their plans. Revises plan approval procedures. Requires the Administrator to review plans at least once every five years. Directs owners or operators of facilities that store, treat, or dispose of solid waste or facilities that recycle solid waste or secondary material to notify States. Prohibits transportation of solid waste for storage, treatment, incineration, or disposal to any facility that has not notified a State. Treats units as having satisfied the notification requirement if: (1) in States with an existing solid waste management permitting system, existing units obtain permits 12 months after this Act's enactment and new units obtain permits prior to commencing construction; and (2) in States without an existing permit system, the units submit to the Administrator a notification and exposure assessment. Prohibits, 48 months after this Act's enactment or on the date of issuance of a permit, whichever is sooner, the storage, treatment, or disposal of solid waste and the recycling of such waste or secondary material, except in accordance with a permit. Authorizes States to exempt recycling facilities from permit requirements if a permit is not necessary to protect human health and the environment. Requires State Governors to submit to the Administrator certifications that State laws provide the regulatory authority and personnel to implement permit requirements. Authorizes States, after the submission of such certifications, to issue permits to facilities in compliance with requirements. Prohibits permits from being issued by any agency or person responsible for the design and construction or operation of a unit. Requires the Administrator to issue or deny permits to solid waste management facilities if a State: (1) has failed to submit the certification or a management plan; or (2) lacks or has failed to exercise regulatory powers to implement permitting requirements. Provides that permits shall contain provisions specifying: (1) the types of wastes handled by a facility, their potential to affect human health and the environment, and measures to mitigate such potential; (2) design of the facility in relation to its location; (3) air and groundwater monitoring to identify adverse effects from a discharge from a facility; (4) financial assurance for closure and postclosure care; (5) measures necessary to prevent the unlawful disposal of hazardous waste and to control precipitation run-on and run-off; (6) restrictions on the receipt of liquids or measures to mitigate the adverse effects of liquids; and (7) the authority to require any corrective action to prevent adverse effects on health and the environment. Limits permits to five-year periods. Authorizes the issuance of a single permit for facilities with multiple units. Requires the owners or operators of facilities subject to permit requirements (except recycling facilities) to pay a fee to cover costs of administering the permit program. Sets forth requirements with respect to fees collected by permitting authorities. Authorizes the Administrator, if the fee provisions of a permit program do not meet specified requirements, to collect fees from facilities. Requires sources that fail to pay fees to pay a penalty of 50 percent of the fee amount plus interest. Directs the Administrator to promulgate guidelines establishing minimum requirements (pursuant to a specified schedule) for facilities that manage solid waste in the following categories: (1) municipal solid waste; (2) municipal waste combustion ash; (3) medical wastes; and (4) industrial solid wastes. Requires the Administrator to identify other solid waste categories for which guidelines are appropriate and specify a schedule for the promulgation of such guidelines. Sets forth minimum requirements for municipal solid waste landfills with respect to groundwater and gas monitoring, hazardous waste disposal, illegal dumping of wastes, run-on and run-off controls, closure and postclosure, financial responsibility, corrective action, liners, leachate collection and removal, and location. Provides that guidelines shall establish requirements for the management of municipal incinerator ash. Requires that landfills into which such ashes are disposed provide for groundwater monitoring and: (1) have a double liner and a leachate collection system above and between such liner; or (2) place such ashes in a monofill having a single composite liner and designed to assure that there will be no future migration of any constituent into ground or surface water. Provides that landfill design requirements shall not apply to owners or operators of solid waste management units utilizing alternative designs if demonstrated that such designs prevent such migration. Provides that the regulations may allow disposal of ash from units in sanitary landfills if such ash and any treated fly ash so disposed are tested and meet current criteria. Directs the Administrator, in developing regulations for the management of municipal incinerator ash, to issue criteria and testing procedures for identifying the characteristics of such ash which may pose a hazard to human health or the environment. Requires the owner or operator of a municipal incinerator or any facility involved in ash management to test the ash in accordance with such criteria and testing procedures. Requires that any ash which is identified as posing a hazard to human health or the environment be disposed of in a landfill which has two or more liners and a leachate collection system above and between such liners. Directs the Administrator to validate such criteria and testing procedures by conducting an analysis of leachate at facilities disposing or reusing ash from municipal incinerators. Authorizes the Administrator to issue a corrective action order or commence an enforcement action against a facility when there has been a release of a hazardous constituent. Authorizes the Administrator or States, under certain conditions, to grant variances from ash disposal requirements pursuant to this Act to owners or operators of municipal incinerators. Limits such variances to specified time periods. Repeals a provision of the Solid Waste Disposal Act which exempts facilities burning household and specified nonhazardous waste from regulation requirements under such Act. Sets forth requirements for guidelines governing the management of medical wastes. Requires the Administrator to establish: (1) an education and outreach program to provide information and assistance for non-hospital sources of medical wastes; and (2) a process for approval and certification of treatment technologies capable of rendering medical waste harmless. Makes it unlawful to treat, store, or dispose of industrial waste in any new surface impoundment unit at an existing facility, any replacement of such unit, or any lateral expansion of such unit, unless the unit is equipped with: (1) two or more liners and a leachate collection system between such liners; and (2) groundwater monitoring. Exempts from such prohibition: (1) alternative design and operating practices for surface impoundments that prevent the migration of hazardous constituents into water at least as effectively as liners and leachate collection systems; and (2) industrial wastewater if such wastewater is noncontact, freshwater cooling water used in the industrial process. Prohibits the placement of bulk liquids and liquids in containers into any landfill containing industrial waste. Applies standards and requirements for hazardous waste treatment, storage, and disposal facilities to hazardous waste recycling facilities. Deems hazardous secondary material to be hazardous waste for purposes of relevant requirements unless the Administrator promulgates requirements for the recycling, recovery, and reuse of hazardous waste and secondary material. Sets forth minimum requirements. Applies specified requirements for recycling materials set forth in the Code of Federal Regulations (CFR) to hazardous waste and secondary material recycling facilities. Requires regulations under the Solid Waste Disposal Act applicable to hazardous waste treatment, storage, and disposal facilities (in lieu of the CFR requirements) to facilities generating or receiving hazardous secondary material or waste where: (1) such material or waste is burned for energy recovery or where the main purpose is the destruction of the material; (2) such material or waste is inherently waste-like; (3) the products of facilities receiving such material or waste will be used in a manner constituting disposal; or (4) the material or waste is speculatively accumulated. Directs owners or operators of facilities recycling, recovering, or reusing hazardous material in a closed loop manufacturing process or directly reusing hazardous waste or secondary material to certify to the Administrator that such facilities meet the requirements of a closed loop system or direct use process and are exempt from requirements for hazardous waste facilities. Directs the Administrator to provide for permits for facilities which store and recycle hazardous waste or secondary material. Provides for: (1) public notice and comment prior to construction and commencement of operations at such facilities; (2) a demonstration by facility owners or operators that the facility is in compliance with applicable requirements; (3) annual on-site inspection of such facilities by the permitting authority; and (4) such other information to verify compliance with the permit. Authorizes the Administrator to revoke permits if compliance with standards cannot be verified. Makes such requirements inapplicable to land disposal units or incinerators. Permits a class of facilities or recycling units to be eligible for such permits by rule only if no single facility or recycling unit has the potential for significant damage to human health and the environment and will have minimal cumulative adverse effects. Requires the Administrator to promulgate standards for: (1) recycling facilities for solid wastes and secondary materials (other than hazardous wastes and secondary materials); and (2) the reuse or use of products from recycling or resource recovery activities other than raw materials for manufacturing processes and for the use and composition of compost made from solid waste. Sets forth minimum requirements for such standards. Directs the Administrator to promulgate regulations for collecting, transporting, recycling, and managing lead-acid batteries and tires. Prohibits: (1) the disposal or incineration of lead-acid batteries; and (2) the disposal of tires in land disposal facilities. Directs the Administrator to promulgate regulations for the collection, storage, transportation, or recycling of used oil. Provides that used oil that is not managed in accordance with such regulations shall be managed as a hazardous waste. Requires the Administrator, in developing such regulations, to conduct an analysis of the economic impact of such regulations on the used oil recycling industry. Provides that regulations for used oil collectors shall: (1) prohibit the storage of used oil in an underground storage tank unless such tank meets requirements under the Solid Waste Disposal Act; (2) prohibit the storage of used oil for more than 12 months; (3) require collectors to transfer such oil to specified permitted used oil recycling or disposal facilities or transporters; and (4) require collectors to keep specified records on such oil. Requires used oil transporter regulations to provide that such transporters: (1) acquire identification numbers from EPA; (2) meet applicable financial responsibility requirements; and (3) keep specified records. Includes intermediate storage requirements in transporter regulations. Provides that used oil recycler regulations shall require recyclers to: (1) keep specified records; and (2) test fuel produced from the recycling process before departure from the facility. Prohibits mixing used oil with hazardous waste identified or listed under the Solid Waste Disposal Act except when: (1) the resulting mixture does not exhibit hazardous waste characteristics;and (2) the mixture is burned to recover useful energy in a device that ensures protection of health and the environment. Prohibits the recycling of used oil except in accordance with a permit. Sets forth requirements to be effective if the Administrator fails to promulgate used oil regulations by the applicable deadline. Requires the Administrator to implement education programs to inform the public and small businesses about the environmental and safety hazards associated with improper handling and disposal of used oil and the benefits derived from used oil recycling. Authorizes appropriations. Deems used oil recyclers to have interim permits if they submit specified information to the Administrator or an authorized State. Authorizes a State to prohibit the transportation of municipal solid waste into such State for disposal or incineration from a State with an intrastate restriction on the movement of such waste if the importing State has closed or upgraded all open dumps. Permits a State to enact and enforce laws to collect fees for the incineration and disposal of municipal solid wastes generated in another State if such fees: (1) are applicable throughout the State and do not discriminate against a disposal or incineration site or point of waste generation; and (2) do not apply to any municipal solid waste and recyclable materials that have been separated from municipal solid waste that is transported to a recycling facility. Sets forth a fee scale. Provides for annual increases in such fees, based upon the Consumer Price Index. Authorizes a State to impose fees on municipal solid waste generated in another State only upon certification that the importing State is in compliance with an approved solid waste management plan. Permits a State to restrict or prohibit the transportation of solid waste generated in another State if: (1) the importing State has, and is in compliance with, an approved solid waste management plan; and (2) the exporting State is not in compliance with, or does not have, an approved plan. Authorizes persons adversely affected by State laws or regulations governing the transportation of municipal solid waste to petition the Administrator for relief. Permits the Administrator to suspend State authority for a specified time period. Requires the Administrator to promulgate regulations prescribing recycling practices which shall be exempt from State authorities governing the transportation of municipal solid waste. Prohibits the disposal (pursuant to a specified schedule) of municipal solid waste originating in another State without the prior consent of the Governor of the receiving State, if the receiving State is in compliance with solid waste management requirements. Prohibits the disposal in any State of solid waste generated in another State without the prior consent of the Governor of the receiving State, if the receiving State is in compliance with solid waste management requirements. Prohibits the disposal in any State of solid waste generated in another State if such disposal constitutes the open dumping of solid waste. Prescribes civil and criminal penalties for specified violations of the Solid Waste Disposal Act. Extends the authorization of appropriations for solid waste planning, solid and hazardous waste management and resource recovery programs, and solid waste management assistance for rural communities. Title V: Underground Storage Tanks - Authorizes the Administrator to guarantee principal and interest on loans made to qualified small businesses for the closure and replacement of underground storage tanks. Sets forth amounts and conditions of such guarantees. Permits the Administrator to make principal and interest payments on behalf of the borrower if: (1) the borrower is unable to make such payment and it is in the public interest to continue the project; and (2) the probable net cost to the Government in making such payments would be less than that resulting from the borrower's default. Authorizes the Administrator, in the event of a default by a borrower, to make payments in accordance with the guarantee. Requires the Attorney General to recover payments from the defaulting borrower. Terminates the authority to make loan guarantees or payment contracts seven years after this Act's enactment. Permits the Administrator or a State to undertake corrective action with respect to threatened releases of petroleum from underground storage tanks.
Bill· SS. 911 (102nd)open
United States · United States Congress · 24 April 1991
School Readiness Act of 1991 - Title I: Public Health Service Act Provisions - Subtitle A: Comprehensive Primary and Preventive Care for Pregnant Women, Infants and Children - Comprehensive Maternal and Early Childhood Health Care Act - Replaces Public Health Service Act provisions authorizing appropriations for migrant health centers (MHCs) and community health centers (CHCs) with provisions requiring the use of funds appropriated under other provisions to develop, operate, and expand Comprehensive Perinatal and Early Childhood Health Programs in medically underserved areas. Mandates grants to MHCs and CHCs for such programs. Requires the use of funds appropriated under other provisions for planning and developing CHCs to serve medically underserved populations. Amends provisions relating to health services for the homeless to require use of funds appropriated under other provisions to develop, operate, and expand such programs. Mandates grants to grantees under the provisions relating to the homeless for such programs. 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 that is operating an immunization project for distribution to grantees under specified provisions, federally qualified health centers, and public health professionals. Requires, in determining the quantity of vaccine needed, that the Administrator of the Health Resources and Services Administration make available to the CDC Director data from annual reports from such grantees and federally qualified health centers. Requires the CDC Director to direct the State or city health department to provide the recipients with an adequate supply of vaccine from the allotment provided to the grantee. Amends the Vaccine and Immunization Amendments of 1990 to replace provisions authorizing grants for vaccine outreach programs with provisions authorizing the Secretary, through the CDC Director, to make grants to States for demonstration projects related to immunization. Authorizes appropriations. Amends the Public Health Service Act to add substance abuse treatment and prevention services to the list of supplemental health services provided by MHCs and CHCs. Replaces provisions mandating grants for prevention, education, and treatment projects regarding drug and alcohol abuse relating to pregnant and postpartum women and their infants with provisions mandating demonstration grants for substance abuse prevention, education, and treatment projects serving such individuals. Requires that services under the grants be provided at locations accessible to low-income pregnant and postpartum women and in the most appropriate language and cultural context. Requires that services eligible for Medicaid payment be provided by an entity qualified to receive Medicaid payments. Limits fees for services. Requires non-Federal contributions in a specified ratio. Limits grants to five years but allows renewal. Makes grant payments subject to annual approval by the Secretary and to the availability of appropriations. Authorizes appropriations. Directs the Secretary, through the CDC Director, to assist the prenatal clinics in the United States in implementing smoking cessation programs to decrease rates of smoking during pregnancy. Authorizes grants to or contracts with State or local health departments and other public entities to assist in implementing programs and policies to prevent and encourage cessation of tobacco use during pregnancy. Authorizes appropriations. Subtitle B: Grants for Home-visiting Services for At-Risk Families - Mandates competitive grants for the Federal share of the costs of home visiting services. Requires that the grants be for at least three years. Requires that the services include case management, with a registered nurse or social worker assigned as the case manager for individual cases. Requires that the case manager develop a family service plan for the client. Sets the Federal share of the grants at a specified percentage. Authorizes appropriations. Title II: Head Start Act - Amends the Head Start Act to direct (currently, authorize) the Secretary, on application by an agency designated (currently, an agency eligible for designation) as a Head Start agency, to provide, subject to appropriations, financial assistance for Head Start programs. Entitles all eligible children to receive services through a Head Start program. Authorizes appropriations to carry out the Act. Declares that provisions of the Omnibus Budget Reconciliation Act of 1990 (excluding receipts and expenditures of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund from being counted as new budget authority, outlays, receipts, or deficit or surplus for purposes of the U.S. budget, the congressional budget, or the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act)) shall apply with respect to amounts appropriated under this authorization. Directs the Secretary to make a minimum amount available to carry out the Head Start Transition Project Act.
Bill· HRH.R. 2071 (102nd)referred
United States · United States Congress · 24 April 1991
Authorizes additional appropriations for increased border patrol personnel. Makes amounts from the Department of Justice Assets Forfeiture Fund available for such purpose.
Bill· HRH.R. 2076 (102nd)referred
United States · United States Congress · 24 April 1991
Young American Workers' Bill of Rights - Amends the Fair Labor Standards Act of 1938 (the Act) to add and revise requirements relating to child labor standards. Directs the Secretary of Labor (the Secretary) and the Census Bureau to compile annual data from State employment security agencies on types of industries and occupations employing individuals under age 18, and cases of violations of child labor standards. Requires employers employing individuals under 18 to report to such State agencies information on any lost-time injury or any illness such individual incurred while at work. Directs the Secretary of Health and Human Services, in conjunction with the Secretary, to report annually on the status of child labor in the United States and its attendant safety and health hazards. Prohibits employment of any individual under age 18 who is not a high school graduate unless the employer has in effect a certificate for such employment issued annually with the approval of the minor's parents or guardians, family physician, and appropriate local school officials. Sets forth conditions for issuance of such certificates. Requires the State agency to provide a copy of such certificate to the parents or guardians and the local school district. Requires employers to post child labor law provisions at each premise where child labor is employed. Requires State agencies to report annually to the Secretary on such certificates. Directs the Secretary to revise certain child labor orders relating to: (1) certain types of driving; and (2) use and cleaning of machinery at restaurants and fast food establishments. Directs the Secretary to find and declare that poultry processing, seafood processing, paper bailing, power-driven meat slicing, and pesticide handling are particularly hazardous for employment of children between the ages of 16 and 18, for certain purposes under the Act. Revises a specified child labor regulation to: (1) prohibit individuals under 16 from making door-to-door sales for profit, or from using fryers, baking equipment, and cooking equipment in food service establishments; and (2) eliminate an exemption involving soda fountains, lunch counters, snack bars, or cafeteria serving counters. Increases the fine for certain child labor law violations. Adds criminal penalties of fines or imprisonment for willful violations of child labor laws in cases of: (1) repeat offenders; or (2) resultant serious bodily injury or death to the minor employee. Provides that a prior offense is not a prerequisite for imprisonment for willful violations of child labor provisions. Makes willful violators of child labor provisions who are repeat offenders ineligible: (1) for any direct or indirect Federal grant, contract, or loan, for five years after determination; and (2) to pay a special training wage below the minimum wage rate Provides for civil actions for child labor violators. Makes violators liable for appropriate legal or equitable relief. Directs the Secretary to establish and encourage closer working relationships among Federal and State agencies responsible for enforcing labor, safety and health, and immigration laws. Requires establishment of referral systems among Federal and State labor standards and occupational health and safety enforcement personnel, and of those personnel with Immigration and Naturalization Service enforcement personnel. Directs the Secretary to: (1) seek advice from the private and non-Federal public sectors on the Act and its regulations relating to employment of minors; and (2) establish an Advisory Committee for Child Labor for such purpose. Directs the Secretary to: (1) publish and distribute regionally the addresses, and types of violations of willful violators of child labor laws; and (2) post and otherwise make available to affected school districts the name of each violator of child labor laws, with the location and nature of the violation. Applies certain child labor law provisions of the Act to employers regardless of the annual dollar volume of sales whereby certain enterprises are exempted from coverage under the Act. Prohibits, under the definition of oppressive child labor, employing any person under the age of 14 as a migrant or seasonal agricultural worker. Directs the Secretary to issue regulations to carry out this Act. Authorizes appropriations to the Secretary to cover additional costs resulting from the reporting, and recordkeeping and the penalty enforcement requirements of this Act.
Bill· HRH.R. 2049 (102nd)referred
United States · United States Congress · 24 April 1991
Amends the Immigration and Nationality to exclude aliens infected with the HIV virus from admission into the United States.
Bill· SS. 877 (102nd)referred
United States · United States Congress · 18 April 1991
Declares four named individuals to have been lawfully admitted to the United States for permanent residence under the Immigration and Nationality Act.
Law· HRH.R. 1917 (102nd)enacted
United States · United States Congress · 17 April 1991
Authorizes the classification of a named individual as a child within the meaning of the Immigration and Nationality Act.
Bill· HRH.R. 1900 (102nd)referred
United States · United States Congress · 17 April 1991
Vietnam POW/MIA Rescue Act - Directs the Attorney General to grant asylum to certain nationals of Laos, Vietnam, Cambodia, or Burma who assist in the return to the United States of living Vietnam POW/MIAs.
Bill· SS. 822 (102nd)referred
United States · United States Congress · 16 April 1991
Declares four named individuals to have been lawfully admitted to the United States for permanent residence under the Immigration and Nationality Act.
Bill· SS. 815 (102nd)referred
United States · United States Congress · 11 April 1991
Community and Migrant Health Centers Self-Insurance Act of 1991 - Amends the Public Health Service Act to establish in the Public Health Service the Office of Medical Insurance (Office) to administer the Self-Insurance Fund established by this Act. Establishes in the Treasury a trust fund known as the Office of Medical Insurance Self-Insurance Fund (Fund). Provides for transfer to the Self-Insurance Fund of specified amounts appropriated under provisions relating to migrant and community health centers and grants for health services for the homeless. Provides for operation of the Fund. Authorizes the Secretary of Health and Human Services, through the Office, to obligate sums in the Fund to provide coverage for successful: (1) medical malpractice claims against recipients of funds under such provisions or their health care providers; and (2) claims against Directors or officers of such recipients arising out of acts, errors, or omissions under procedures as provided in this Act. Directs the Secretary to set aside specified amounts from the Fund as a contingency fund to be used only if the Secretary determines that a claim on the fund is catastrophic. Sets forth requirements for coverage by the Fund of a migrant or community health center or a homeless health services program, including requiring centers and programs to make contributions to the Fund in amounts set by the Office. Allows a center or program to retain and use amounts saved as a result of participating in the Fund. Makes it unlawful for any hospital to deny admitting privileges to any health care personnel employed by a center or program, subject to certain requirements. Requires the Office to contract for three actuarial analyses of the Fund, one each by the Health Care Financing Administration, the Congressional Budget Office, and an independent evaluator selected by the Office by competitive bid. Requires the Office to develop a data collection method to insure that accurate and reliable data is collected and made available concerning the Fund.
Bill· HRH.R. 1669 (102nd)referred
United States · United States Congress · 9 April 1991
Urban Schools of America (USA) Act of 1991 - Title I: Urban 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 a city-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 urban school children to at least the national average; (2) prepare all urban children for school; (3) increase the graduation rates of urban students to at least the national average; (4) prepare urban 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 urban 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 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 urban 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; (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 city schools. Directs the Secretary to reserve one percent of such funds for monitoring activities under this title. Directs the Secretary to allot the remainder to eligible LEAs, which shall use such allotment for programs for school building repair and renovation and for programs for school environmental concerns and safety improvement. Directs the Secretary 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 by the Secretary. 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: Urban School Research - Authorizes appropriations, to carry out this title, for the National Institute for Urban Education (the Institute), established in the Department of Education by this title. Amends the Department of Education Organization Act to create an Assistant Secretary for Urban Education (the Assistant Secretary), who is to establish the Institute in the Department. Directs the Assistant Secretary to: (1) reserve 20 percent of funds for this title for operation of the Institute; and (2) from the remainder of such funds, make allotments to eligible LEAs on the basis of numbers of students. Directs the Institute to: (1) evaluate and disseminate results of activities under title I; (2) conduct research in urban education; (3) serve as a clearinghouse on urban education research findings, policies, and practices; (4) assist LEAs in developing research and evaluation to assess progress toward meeting national education goals; (5) provide training in research and evaluation; (6) design a research and evaluation strategy for assessing progress under this Act; and (7) design and test both common indicators and new multiple-measures of progress toward national education goals. Provides for an Institute Governing Board. Allows LEAs to use of funds under this title for: (1) collaborative and coordinated research and evaluation of educational techniques or approaches in multiple cities served by eligible LEAS; (2) evaluation of projects assisted under title I; (3) dissemination of information on successful projects and approaches under title I; (4) design and implementation of programs for LEA technical assistance to individual schools and teachers involved in title I projects; (5) data and information management services for schools participating in a title I program; (6) staff training in such schools; and (7) evaluation of progress in meeting national educational goals by LEAs receiving assistance under this Act; (8) staff training in test interpretation and use for diagnostic purposes; (9) information for parents on test results and interpretation; (10) research and evaluation technology and training; (11) tools for assessment of students in individualized instruction; (12) research on school policies and practices that may be barriers to student success; and (13) new, multiple, alternative assessments of student progress. Title IV: General Provisions - Establishes the Interagency Council on Urban Schools to: (1) review Federal programs to determine effects on urban schools' ability to meet national education goals; (2) track school progress toward such goals; (3) solicit advice and information for urban education experts and urban 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 urban school progress; (6) review and recommend improvement or streamlinig of Federal data collection in urban schools; and (7) conduct research to help urban school practitioners improve school performance. Directs the President to conduct a White House Conference on Urban Education before October 30, 1992. Requires the Conference to: (1) develop recommendations and strategies for improving urban education; (2) marshal the forces of the private sector, governmental agencies at all levels, parents, teachers, communities, and education officials to assist urban schools in meeting national goals; and (3) conduct initial planning for a permanent national advisory commission on urban education. Requires a report to the President. Authorizes appropriations for such Conference. Establishes a National Commission on Urban Education (the Commission). Directs the Commission to: (1) study specified issues relating to urban 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.
Bill· SS. 720 (102nd)referred
United States · United States Congress · 21 March 1991
Urban Schools of America (USA) Act of 1991 - Title I: Urban 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 a city-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 urban school children to at least the national average; (2) prepare all urban children for school; (3) increase the graduation rates of urban students to at least the national average; (4) prepare urban 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 urban 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 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 urban 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 city schools. Directs the Secretary to reserve one percent of such funds for monitoring activities under this title. Directs the Secretary 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 Secretary to waive such 50 percent division in certain cases.) Directs the Secretary 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 by the Secretary. 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: Urban School Research - Authorizes appropriations, to carry out this title, for the National Institute for Urban Education (the Institute), established in the Department of Education by this title. Amends the Department of Education Organization Act to create an Assistant Secretary for Urban Education (the Assistant Secretary), who is to establish the Institute in the Department. Directs the Assistant Secretary to: (1) reserve 20 percent of funds for this title for operation of the Institute; and (2) from the remainder of such funds, make allotments to eligible LEAs on the basis of numbers of students. Directs the Institute to: (1) evaluate and disseminate results of activities under title I; (2) conduct research in urban education; (3) serve as a clearinghouse on urban education research findings, policies, and practices; (4) assist LEAs in developing research and evaluation to assess progress toward meeting national education goals; (5) provide training in research and evaluation; (6) design a research and evaluation strategy for assessing progress under this Act; and (7) design and test both common indicators and new multiple-measures of progress toward national education goals. Provides for an Institute Governing Board. Allows LEAs to use funds under this title for: (1) collaborative and coordinated research and evaluation of educational techniques or approaches in multiple cities served by eligible LEAS; (2) evaluation of projects assisted under title I; (3) dissemination of information on successful projects and approaches under title I; (4) design and implementation of programs for LEA technical assistance to individual schools and teachers involved in title I projects; (5) data and information management services for schools participating in a title I program; (6) staff training in such schools; (7) evaluation of progress in meeting national educational goals by LEAs receiving assistance under this Act; (8) staff training in test interpretation and use for diagnostic purposes; (9) information for parents on test results and interpretation; (10) research and evaluation technology and training; (11) tools for assessment of students in individualized instruction; (12) research on school policies and practices that may be barriers to student success; and (13) new, multiple, alternative assessments of student progress. Title IV: General Provisions - Establishes the Interagency Council on Urban Schools to: (1) review Federal programs to determine effects on urban schools' ability to meet national education goals; (2) track school progress toward such goals; (3) solicit advice and information for urban education experts and urban 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 urban school progress; (6) review and recommend improvement or streamlinig of Federal data collection in urban schools; and (7) conduct research to help urban school practitioners improve school performance. Directs the President to conduct a White House Conference on Urban Education before October 30, 1993. Requires the Conference to: (1) develop recommendations and strategies for improving urban education; (2) marshal the forces of the private sector, governmental agencies at all levels, parents, teachers, communities, and education officials to assist urban schools in meeting national goals; and (3) conduct initial planning for a permanent national advisory commission on urban education. Requires a report to the President. Authorizes appropriations for such Conference. Establishes a National Commission on Urban Education (the Commission). Directs the Commission to: (1) study specified issues relating to urban 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.
Bill· HRH.R. 1565 (102nd)referred
United States · United States Congress · 21 March 1991
Health Equity and Access Reform Today Act of 1991 - Title I: Increase in Access to Health Care and Affordable Health Insurance - Subtitle A: Provision of Insurance Through Small Employers - Part I: Small Employer Health Insurance Reforms - Provides for development by the National Association of Insurance Commissioners of model standards regarding requirements under this Act relating to: (1) offering by small employer carriers of MedAccess plans; (2) benefits under such plans; (3) guaranteed issue; (4) initial writing; and (5) premium increases. Directs the Secretary of Health and Human Services to adopt those standards or specify alternative standards. Provides for enforcement of the standards through each State. Allows a State to have more stringent standards. Directs the Secretary to enforce the standards in any State which fails to comply with enforcement or reporting requirements (Federal standard State). Amends the Internal Revenue Code tax on a small employer carrier for any failure in a Federal standard State to comply with the standards. Sets the tax at a specified percentage of the amounts received by the carrier for providing any health benefit plan to any small employer in the Federal standard State. Preempts any provision of State law with regard to a small employer health benefit plan that meets requirements of this Act relating to initial writing and premium increases. Requires each small employer carrier to offer a MedAccess Plan, defined as a plan which: (1) is designed to provide only basic hospital, medical, surgical, and preventive benefits so as to make it affordable to small employers as specified in standards under this Act; (2) is guaranteed issue; and (3) meets requirements of this Act relating to initial writing and premium increases. Defines the term, for a health maintenance organization (HMO), as a plan of the type described above, but with benefits consistent with applicable Federal or State requirements for HMOs. Requires each MedAccess plan to accept every small employer in the State that applies for coverage and every full-time employee, with associated family coverage. Provides special rules allowing HMOs to: (1) limit enrollment of employers and employees to the HMO's service area; and (2) deny coverage on the basis of inadequate capacity, provided the denial is applied uniformly without regard to health status, claims experience, or duration of coverage. Sets forth requirements for the initial writing of policies, including prohibiting limiting or excluding coverage for pre-existing conditions under certain circumstances. Limits: (1) variation of index rates between distinct groups of employers (blocks of business) as shown on the records of the carrier; (2) variation of premium rates within a block of business; and (3) transfer of employers among blocks of business. Sets forth rules for establishing blocks of business. Requires: (1) a carrier to fully disclose rating practices; (2) actuarial certification that a carrier is in compliance with these provisions and the rating methods are sound; and (3) registration of carriers with and reporting by carriers to the State insurance commissioner. Allows a carrier to condition issuance or renewal on enrollment of a minimum number or percentage of an employer's employees. Requires such conditions to be imposed uniformly on employers of the same size. Prohibits cancellation or denial of renewal other than for specified reasons, including for: (1) nonpayment of premiums; (2) noncompliance with plan provisions; (3) failure to maintain the required number or percentage of enrollees; or (4) misuse of a provider network provision. Limits premium increases. Prohibits for five years market reentry after a carrier terminates the offering of plans in an area. Provides for development by the National Association of Insurance Commissioners of models for reinsurance mechanisms for individuals and small employers who are enrolled under a small employer plan and for whom a carrier is at risk of incurring high costs under the plan. Requires each State to establish and fund one or more reinsurance mechanisms. Allows a State, in order to assure the financial solvency of the mechanism, to impose charges on any entity, including a self-insured entity, providing employee-related health benefits. Directs the Secretary to establish a mechanism for a State which fails to do so (Federal reinsurance State). Requires the mechanism in a Federal reinsurance State to charge the carrier a premium equal to 500 percent of the premium charged to a reinsured individual or 150 percent of the premium charged a reinsured group. Amends the Internal Revenue Code to impose a tax on the providing of any health benefit plan which covers any employee in a Federal reinsurance State. Ties the amount of the tax to the percentage estimated as generating sufficient revenues to carry out the reinsurance. Requires the tax to be paid by the plan provider (the carrier, the HMO, or the administrator of a self-insured plan). Allows each State commissioner of insurance to require each employer health benefit plan, including a self-insured plan, to be registered with that commissioner. Allows the Secretary to impose such a requirement with regard to a Federal reinsurance State. Part II: Requiring Employers to Offer Health Insurance to Employees - Requires each small employer to make available to each full-time employee the option to enroll the employee, and the employee's spouse and dependent children, in a MedAccess plan. Declares that the employer need not make any contribution towards the cost. Considers an employer in compliance if the employer sought coverage but the plan was not made available because an insufficient number or percentage of employees enrolled. Requires each large employer to make available to each full-time employee the option to enroll the employee, and the employee's spouse and dependent children, in a health benefits plan providing for at least the benefits required of a MedAccess plan. Declares that the employer need not make any contribution towards the cost. Defines a large employer as having 26 or more full-time employees. Amends the Internal Revenue Code to impose a tax on an employer for failure to offer a health insurance plan. Sets the amount of the tax at a specified amount per employee per year, to a specified maximum. Part III: Definitions - Sets forth definitions of terms as used in this subtitle, including defining a small employer to include certain employers with between three and 26 employees. Subtitle B: Incentives for Managed Care Plans - Amends the Internal Revenue Code to impose a tax on an employer for providing any health plan unless the plan is a cost-controlled plan or a safe harbor plan. Sets the amount of the tax at a specified percentage of the amount paid or incurred by the employer in providing the plan which is not a cost-controlled or safe harbor plan. Defines "cost-controlled health benefit plan" to mean either a managed care plan or a responsible co-payment plan. Defines "safe harbor plan" as a plan under which the average monthly employer contribution does not exceed specified levels for individual and group coverage. Increases the percentage of medical care insurance costs which a self-employed individual is allowed to deduct from income taxes. Removes provisions terminating all health care insurance deductions for self-employed individuals as of a specified date. Allows such deductions only for controlled-cost or safe harbor plans. Preempts and prohibits the enforcement of any State law that restricts: (1) carriers from negotiating reimbursement rates with providers or contracting selectively with one or a limited number of providers; (2) financial incentives a health plan may require a beneficiary to pay for using a non-plan provider on a non-emergency basis; and (3) certain aspects of utilization review. Requires the Comptroller General to conduct a study of the benefits and cost effectiveness of the use of managed care in the delivery of health services and report to the Congress. Declares the provisions superseding State law inapplicable after five years. Subtitle C: Study and Report - Directs the Secretary of Health and Human Services to study and report to the Congress on the impact of the changes made by this title on: (1) increasing access to health care; (2) the number of employees of small employers who do not have health insurance; (3) the cost of small employer health benefit plans; and (4) the effectiveness of MedAccess plans. Title II: Encouraging Expansion of Services to the Poor and Working Poor - Declares that the remedy provided by specified provisions of Federal law relating to claims against the United States for personal injury resulting from medical care provided by an entity receiving a grant or contract under provisions relating to migrant and community health centers, or provided by an individual employed by or under contract to such a center, shall be exclusive of any other civil action or proceeding. Directs the Attorney General to defend any civil action or proceeding brought in any court against a protected person for such injury. Directs the Secretary of Health and Human Services to certify that an entity receiving a grant or contract under such provisions has: (1) implemented policies and procedures to assure against malpractice; and (2) no history of claims against it or, if such claims exist, has fully cooperated with the Attorney General in defending against the claims and taken corrective steps. Directs the Secretary to provide for a program of grants to migrant and community health centers receiving grants or contracts under provisions of the Public Health Service Act relating to such centers to promote the provision of primary health care services for underserved individuals. Authorizes appropriations. Title III: Preserving and Improving Quality of Care - Directs the Secretary to develop standards for: (1) a common set of hospital clinical patient data; and (2) the confidential transfer of data in electronic form. Directs the Secretary to report to the Congress on restructuring the Medicare peer review quality assurance program given the availability of hospital data in electronic form. Amends title XVIII (Medicare) of the Social Security Act to require hospitals, in order to be eligible for Medicare payments, to: (1) maintain clinical data in electronic form on all inpatients; and (2) transmit electronically to the Secretary or a utilization and quality control peer view organization a common set of clinical inpatient hospital data relating to any individual receiving services for which certain Medicare payments may be made. Directs the Secretary to provide grants to demonstrate and conduct research on the application of comprehensive information systems in monitoring and improving patient care. Makes up to a specified amount available each year from the Federal Hospital Insurance Trust Fund for the grants.
Bill· HRH.R. 1550 (102nd)open
United States · United States Congress · 21 March 1991
Agricultural Disaster Assistance Act of 1991 - Title I: Disaster Assistance - Amends the Food, Agriculture, Conservation, and Trade Act of 1990 to provide disaster assistance coverage for valencia oranges damaged in 1990, nursery grown crops, and rehabilitation of damaged orchards (increases orchard assistance limits). Title II: Crop Insurance - Amends the Federal Crop Insurance Act to provide agricultural crop insurance coverage in certain cases of irrigation failure. Amends the Consolidated Farm and Rural Development Act to waive the emergency loan crop insurance requirement in cases of damage to an otherwise eligible 1991 crop. Extends the crop insurance deadline for certain citrus producers. Title III: Emergency Loans - Amends the Disaster Assistance Act of 1989 to extend rural enterprise disaster assistance to damages occurring through 1991. Establishes in the Treasury the Drought Relief Fund to assist agricultural producers in drought stricken areas improve water availability and use. Amends the Consolidated Farm and Rural Development Act with regard to emergency loans to: (1) revise the meaning of family farm; and (2) limit the Secretary of Agriculture's authority to require loan recipients to sell nonessential assets. Amends the Food, Agriculture, Conservation, and Trade Act with regard to the emergency grants for migrant workers program to increase annual limits and expand coverage to include packing house workers.
Bill· HRH.R. 1537 (102nd)open
United States · United States Congress · 20 March 1991
Codifies existing Federal transportation law relating to: (1) the Department of Transportation; (2) other Government agencies; (3) general and intermodal programs; (4) interstate commerce; (5) rail programs; (6) motor vehicle and driver programs; (7) aviation programs; (8) pipelines; (9) commercial space transportation; (10) bills of lading; (11) contraband; (12) damage to transported property; (13) transportation of animals; (14) payments for inspection and quarantine services; and (15) medals of honor. Sets forth provisions relating to: (1) ports of entry for civil aircraft; (2) customs violations, including public health, immigration, and controlled substances violations; (3) animal and plant quarantines; and (4) exempting mass transportation from Interstate Commerce Commission jurisdiction. Repeals various Acts of Congress relating to Federal transportation law.
Bill· HRH.R. 1542 (102nd)referred
United States · United States Congress · 20 March 1991
Authorizes the classification of a named individual as a child within the meaning of the Immigration and Nationality Act.
Bill· SS. 682 (102nd)referred
United States · United States Congress · 19 March 1991
Declares two named individuals to have been lawfully admitted to the United States for permanent residence under the Immigration and Nationality Act.
Bill· SS. 692 (102nd)referred
United States · United States Congress · 19 March 1991
Guam Commonwealth Act - Title I: Political Relationship - Creates the Commonwealth of Guam. Grants the people of Guam the right of full self-government through adoption of a Constitution, consistent with U.S. sovereignty over Guam and the supremacy of U.S. law applicable to Guam, and within specified guidelines. Recognizes the right of self-determination of the people of Guam. Directs the U.S. Government, through additional federally-funded programs, to promote preservation of the Chamorro culture, enhanced economic, social, and educational opportunities for Chamorros, and training of Chamorros for employment. Provides that nothing in this Act or the Constitution of Guam shall impair the U.S. citizenship of the residents of Guam or their descendants or their rights and privileges as U.S. citizens under the 14th amendment to the U.S. Constitution. Directs Guam to establish a land trust for the benefit of the indigenous Chamorro people and to establish residency requirements under the Constitution of Guam for voting and holding elective office. Allows this Act to be modified only with the mutual consent of the Governments of the United States and Guam. Title II: Applicability of Federal Law - Makes specified provisions of, and amendments to, the U.S. Constitution applicable to Guam, in addition to those portions which currently apply. Makes Federal laws, rules, or regulations passed after the date of this Act inapplicable unless mutually consented to by the Governments of the United States and Guam. Creates the Joint Commission on the Applicability of Federal Law. Specifies its duties, including: (1) participating in consultations between the Governments of the United States and Guam; (2) studying existing statutes and regulations affecting the U.S.-Guam relationship; (3) reviewing policies and procedures of Federal agencies relating to such relationship; (4) compiling data; (5) drafting modifications in existing laws, regulations, policies, and procedures and obtaining such modifications by negotiation and mediation concerning issues such as land claims and war claims; and (6) seeking to obtain maximum economic development and political autonomy for Guam, consistent with U.S. security interests. Provides that the United States will bear the cost of the work of the Commission. Authorizes the President or his designee to delegate to the Governor of Guam total or partial performance of functions now vested in Federal administrative agencies. Title III: Foreign Affairs and Defense - Grants the United States responsibility for authority with respect to matters relating to foreign affairs and defense that affect Guam. Provides for U.S. consultation with Guam in advance of negotiations toward any treaties or international or executive agreements affecting Guam, and with respect to proposals to increase or decrease Department of Defense activities within Guam. Prohibits the establishment of military security zones or the stationing of foreign military personnel on the Island of Guam without the approval of the Government of Guam except in time of declared war, or the establishment of military bases without consultation with the Governor. Provides for U.S. assistance to Guam in the establishment of offices in the United States and abroad, in becoming a member or participant in appropriate regional and international organizations, and in obtaining from other countries favorable treatment for exports. Prohibits the United States from using the Island of Guam or the water surrounding it for the dumping or storage of nuclear waste or hazardous chemicals. Provides for the clean up by the United States of chemical dump sites used by the military in the past. Requires the United States to compensate any person injured as a result of hazardous materials stored, used, or disposed of by the U.S. Government in Guam or its waters. Title IV: Courts - Specifies provisions governing the relations between U.S. courts and the local courts of Guam, the jurisdiction of the District Court of Guam, and the applicable district court rules. Provides for the appointment of a judge for the District Court of Guam, a U.S. attorney, and a U.S. marshal for Guam. Title V: Trade - Establishes a Guam-United States free trade area, under which neither party may impose duties, quotas, or other restrictions on each other's products, nor shall the United States treat products of Guam as having originated in any other country. Defines "products of Guam" to mean articles that contain at least 30 percent value added in Guam, and specifies costs included in value added. Authorizes Guam to impose, increase, reduce, or eliminate duties and other restrictions on: (1) products that originate outside the customs territory of the United States and that are imported into Guam; and (2) exports from Guam, whether or not products of Guam. Requires the Governor of Guam to certify that the origin of "products of Guam" is, in fact, Guam, and provides for customs inspections of products brought into the United States. Title VI: Taxation - Makes U.S. income tax laws applicable to Guam. Deems such laws to impose a separate tax, payable to the Government of Guam, to be known as the Guam Commonwealth income tax. Grants the Governor the same administrative and enforcement powers and remedies with regard to such tax (pursuant to the laws of Guam) as the Secretary of the Treasury and other executive branch officials have with respect to U.S. income tax. Sets forth similar enforcement authority with respect to criminal violations, tax liens, and suits to recover erroneously or illegally assessed taxes. Grants the District Court of Guam exclusive jurisdiction over all judicial proceedings in Guam, both criminal and civil, with respect to such tax. Allows the Government of Guam to provide for the rebate or reduction of taxes in order to assist new industries or economic development. Grants Guam the power to determine the nature and amount of taxes imposed upon the income and property of persons within its jurisdiction. Repeals applicable U.S. tax laws one year after Guam has enacted a replacement comprehensive local income tax. Exempts all bonds or other obligations issued by Guam from taxation by Federal, State, or local governments of the United States. Title VII: Immigration - Applies the Immigration and Nationality Act and pertinent Federal regulations to Guam for two years from enactment of this Act. Directs Guam to enact a comprehensive law on immigration to become effective at the end of the two-year period. Provides that such law shall not impair the free movement of U.S. citizens to and from Guam, include the authority to naturalize aliens for U.S. citizenship, or alter the Governor's authority to issue U.S. passports. Authorizes U.S. consular officials to issue visas for travel only to Guam for any alien seeking to enter Guam as a non-immigrant in order to encourage investors and tourists to come to Guam. Title VIII: Labor - Grants preference to qualified residents of Guam in all Federal civil service vacancies occurring in Guam. Grants Guam the authority to enact and enforce all laws regulating or affecting employment in Guam. Provides that all pertinent U.S. laws regulating employment on Guam on the effective date of this Act shall remain applicable until replaced by duly enacted law of the Guam Legislature. Title IX: Transportation and Telecommunications - Precludes application of any U.S. law barring the U.S. registration and use of any foreign-built vessel within the waters around Guam for any purpose. Exempts from the coastwise laws of the United States any shipment of fish or fish products from Guam to any U.S. coastwise destination. Directs the Commission periodically to examine the applicability of such laws and to recommend termination of their applicability upon determining that such laws constrain Guam's economic development. Authorizes the Governor of Guam to sponsor any qualified air service carrier to come to Guam, subject to presidential consultation concerning U.S. foreign policy and security interests. Exempts Guam from all bilateral treaties between the United States and foreign states with respect to scheduling and technical specifications of aircraft, other than safety requirements. Provides that Guam shall remain an "eligible point" for purposes of being ensured essential air transportation to and from the United States. Defines Guam as "domestic" for Federal Communications Commission rate setting purposes. Title X: Land, Natural Resources and Utilities - Grants the Government of Guam the power of eminent domain. Grants Guam jurisdiction over all natural resources of the seabed, subsoil, tidelands, and adjacent territorial waters of the Island of Guam. Sets limits on U.S. acquisition of real property on Guam. Exempts Guam from Federal regulations governing the transfer or sale of excess Federal real property. Provides for the transfer of all excess Federal property to Guam, with specified exceptions. Provides for access and use by the residents of Guam of certain retained Federal property, subject to military security requirements. Authorizes the granting of easements on such property to the Government of Guam in specified circumstances. Directs the United States to transfer ownership of island utilities to Guam. Title XI: United States Financial Assistance - Provides for the return of U.S. revenues from taxes and fees collected in Guam or from its residents or products to the Government of Guam. Makes U.S. laws providing Federal benefits and financial assistance which are applicable to the States likewise applicable to Guam on an equal basis. Directs the Governor of Guam, in preparing an annual budget, to identify the costs and benefits to Guam brought about by its role as one of the principal U.S. military bases. Requires the Governor to submit such information to the Guam Legislature and the Office of Management and Budget for use in reviewing the Governor's request for appropriations for the annual Federal payment to Guam, which request the Governor shall submit to the President for transmission to the Congress each year. Provides for assistance to aid Guam's transition to a Commonwealth, including: (1) U.S. financing of the costs of institutional changes connected with the change in Guam's political relationship with the United States; (2) help in meeting the capital needs of Guam necessary for long-term, self-sustaining development; and (3) establishing an economic development fund to assist expansion of the private sector. Title XII: Technical Amendments and Interpretation - Makes technical and conforming amendments. Calls for this Act to be interpreted liberally to accomplish its purpose of providing for complete, internal self-government for Guam. Requires this Act to be submitted to the registered voters of Guam for ratification after being passed by the Congress. Repeals the Organic Act of Guam.
Bill· HRH.R. 1481 (102nd)open
United States · United States Congress · 19 March 1991
Authorizes the Secretary of Defense, during each fiscal year, to assign up to 12,000 civilian officers and employees of the Department of Defense and members of the armed forces to temporary duty with: (1) the Immigration and Naturalization Service to assist in preventing the entry into the United States of terrorists, drug traffickers, and illegal aliens; and (2) the U.S. Customs Service to assist in the inspection of cargo, vehicles, and aircraft at points of entry into the United States.
Bill· HRH.R. 1496 (102nd)referred
United States · United States Congress · 19 March 1991
Declares a named individual to have been lawfully admitted to the United States for permanent residence under the Immigration and Nationality Act.
Bill· HRH.R. 1461 (102nd)referred
United States · United States Congress · 18 March 1991
Declares four named individuals to have been lawfully admitted to the United States for permanent residence under the Immigration and Nationality Act.
Bill· SS. 635 (102nd)open
United States · United States Congress · 13 March 1991
Comprehensive Violent Crime Control Act of 1991 - Title I: 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) espionage, treason, homicide, 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) international terrorism (where the killing is a first-degree murder); (8) engaging in a criminal enterprise activity which results in death; (9) specified violations of the Controlled Substances Act, the Controlled Substances Import and Export Act, and the Maritime Drug Law Enforcement Act; and (10) genocide. 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 II: Habeas Corpus Reform - Subtitle A: General Habeas Corpus Reform - Habeas Corpus Reform Act of 1991 - 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 with respect to any claim which has been fully and fairly adjudicated in State proceedings. Sets forth provisions with respect to the appointment of counsel. Subtitle B: Death Penalty Litigation Procedures - Death Penalty Litigation Procedures 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 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 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 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. Title III: Exclusionary Rule - 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. Title IV: Firearms - Subtitle A: Firearms and Related Amendments - Amends the Federal criminal code to prohibit the transfer of firearms to non-residents of the State in which the transferor resides. 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. Provides for enhanced penalties for: (1) the use of a semiautomatic firearm during a crime of violence or drug trafficking offense, with exceptions; and (2) possession of a firearm or explosive during the commission of such offenses. Sets forth penalties for smuggling firearms in aid of drug trafficking and for theft of firearms and explosives. Provides for the mandatory revocation of the supervised release of an individual for possession of a firearm. Increases penalties for: (1) making knowingly false, material statements in connection with the acquisition of a firearm from a licensed dealer; and (2) a second offense of using an explosive to commit a Federal felony. Amends the Internal Revenue Code of 1986 to: (1) change from six to five years the statute of limitations for certain firearms offenses; and (2) provide for the summary forfeiture of unregistered National Firearms Act weapons, with provision for reimbursement for innocent owners. 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. Subtitle B: 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 V: Obstruction of Justice - Increases penalties for obstruction of justice offenses against court officers and jurors and for retaliatory killings of witnesses, victims, and informants. Includes State and local law enforcement officers assisting Federal officers or employees in the performance of their official duties within the scope of provisions setting penalties for individuals who kill or attempt to kill any U.S. judge, U.S. Attorney, or specified other classes of individuals. 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. Title VII: Terrorism - 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. 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: Terrorist Alien Removal - Terrorist Alien Removal Act of 1991 - Amends the Immigration and Nationality Act to make terrorist activity (as defined by this Act) grounds for deportation. Establishes removal procedures for alien terrorists, including a special removal hearing which shall be open to the public. Sets forth provisions with respect to: (1) the introduction of evidence, including a provision restricting the public from being fully informed of such evidence or its source unless the Department of Justice elects to introduce such evidence in open session; (2) the burden of proof; and (3) appeals. Specifies that an alien subject to removal under provisions of this title shall have no right of discovery of information derived from electronic surveillance authorized under the Foreign Intelligence Surveillance Act or otherwise for national security purposes, nor shall such alien have the right to seek suppression of such evidence. Authorizes the Government to use, in the removal proceeding, the fruits of electronic surveillance authorized under such Act. Specifies that no order of removal shall be stayed pending disposition of a writ of certiorari except as provided by the Court of Appeals or a Justice of the Supreme Court. Directs the Chief Justice of the United States to: (1) 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; and (2) provide for the maintenance of appropriate security measures for applications for ex parte orders to conduct the special removal hearing, the orders themselves, evidence received in camera and ex parte, and other matters as necessary to protect information concerning matters before the court from harming the national security of the United States, adversely affecting foreign relations, revealing investigative techniques, or disclosing confidential sources of information. 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 contract 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. Amends the Immigration and Nationality Act to: (1) grant exclusive jurisdiction to the U.S. Court of Appeals for the Federal Circuit to review excludability orders; (2) provide 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; and (3) delete a provision authorizing an alien held in custody pursuant to a deportation order to obtain judicial review by habeas corpus proceedings. Subtitle D: 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; (3) committing certain homicides and attempted homicides involving firearms in Federal facilities; and (4) providing material support to terrorists. Makes specified terrorist offenses predicates to a violation of the Racketeer Influenced and Corrupt Organization statute. Authorizes the civil and criminal forfeiture of property used to commit specified terrorist and violent acts. Provides for enhanced penalties for specified offenses, such as fraud and misuse of visas, permits, and other entry documents. Directs the U.S. Sentencing Commission to amend its sentencing guidelines to provide an increase of not less than three levels in the base offense level for any felony that involves or is intended to promote international terrorism, with exceptions. Subtitle E: Antiterrorism Enforcement Provisions - Authorizes the Attorney General to award permanent residence or other status to an alien and his immediate family who is already present in the United States under specified circumstances, such as where necessary to protect the life of an individual who has cooperated with Federal law enforcement authorities, subject to certain numerical limitations. Amends the Alien Enemies Act to authorize the President, whenever invoking the authority contained in such Act as to aliens of a hostile nation or government and upon further determining that the United States may also be subject to actual, attempted, or threatened predatory incursions by aliens of other nations, to include within the terms of such Act (which provides for the apprehension, restraint, and removal of alien enemies) any or all other aliens within the United States as the President may designate. Authorizes the Director of the Federal Bureau of Investigation (FBI) to obtain (after submitting a written request) from a wire or electronic communications service provider subscriber information regarding a person or entity which is relevant to an authorized foreign counterintelligence investigation, where information available to the FBI indicates that there is reason to believe that communications facilities registered in the name of such person or entity have been used, through the services of such provider, in communication with a foreign agent or power. Establishes penalties for the disclosure by such a provider, or an officer, employee, or agent of such provider, that the FBI has sought or obtained access to such information. Amends the Consumer Credit Protection Act to require a consumer reporting agency to furnish a consumer report or other information requested in connection with an authorized foreign counterintelligence investigation to the FBI under specified conditions. Makes it a misdemeanor for such agency, or an officer, employee, or agent of such institution, to disclose to any person that the FBI has sought or obtained a consumer report or identifying information respecting any consumer. Authorizes: (1) interceptions of communications (subject to approval by the appropriate Federal judge) under specified Federal provisions, such as where such interception may provide evidence related to terrorist acts abroad, use of weapons of mass destruction, and violence at airports; (2) participation of foreign and State government personnel in interceptions; and (3) disclosure of intercepted communications, under specified circumstances, to foreign law enforcement officials. Extends the statute of limitations for specified terrorism offenses. Title VIII: Sexual Violence and Child Abuse - Amends the Federal Rules of Evidence to allow evidence of similar offenses in criminal or civil sexual assault and child molestation cases. Amends the Controlled Substances Act to provide for increased penalties for distribution of a controlled substance to a woman while she is pregnant. 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 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. Title IX: Drug Testing - Requires: (1) the Director of the Administrative Office of the U.S. Courts to establish a program of drug testing of criminal defendants on post-conviction release; and (2) the chief probation officer in each district to arrange for the drug testing of such defendants. Requires, as an explicit condition of probation, parole, or supervised release of a defendant involving a felony or a specified violent or drug offense, that the defendant refrain from any unlawful use of a controlled substance and submit to periodic drug tests. Sets limitations on the authority to require such tests and to take action against a defendant based on test results. Requires the revocation of probation, supervised release, or parole if a prisoner unlawfully uses a controlled substance or refuses to cooperate in drug testing imposed as a condition of such probation, supervised release, or parole. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to condition State eligibility for justice system improvement grants on State implementation of a drug testing program for targeted classes of persons subject to charges, confinement, or supervision in the criminal justice systems of such State. Specifies that: (1) such program must meet criteria specified by the Attorney General; and (2) no State shall be required to expend an amount for drug testing in excess of ten percent of the minimum amount which such State is eligible to receive under such Act. Directs the Attorney General to promulgate regulations to implement such requirements which: (1) incorporate scientific and technical standards determined by the Secretary of Health and Human Services to ensure reliability and accuracy of drug test results; and (2) include such other guidelines for drug testing programs in State criminal justice systems as the Attorney General determines are appropriate, as well as provisions by which a State may apply for a waiver of such requirements on the grounds that compliance would impose excessive financial or other burdens on such State or would otherwise be impractical or contrary to State policy. Title X: Equal Justice Act - Equal Justice Act - Requires that: (1) the death penalty and all other penalties be administered by the United States and by every State without regard to the race or color of the defendant or victim; and (2) neither the United States nor any State prescribe any racial quota or statistical test for the imposition or execution of the death penalty or any other penalty. Directs that, in a criminal trial in any Federal or State court, on motion of the defense attorney or prosecutor: (1) the risk of racial prejudice or bias be examined on voir dire if there is a substantial likelihood in the circumstances of the case that such prejudice or bias will affect the jury either against or in favor of the defendant; and (2) a change of venue be granted if an impartial jury cannot be obtained in the original venue because of racial prejudice or bias. Bars the prosecutor or the defense attorney from making any appeal to racial prejudice or bias in statements before the jury. Requires: (1) the judge in a Federal capital case before a jury to instruct the jury not to be influenced by prejudice or bias relating to the race or color of the defendant or victim in considering whether a sentence of death is justified, and that the jury is not to recommend the imposition of such sentence unless it has concluded that it would recommend the same sentence for such crime regardless of the race or color of the defendant or victim; and (2) the jury, upon the return of a recommendation of a sentence of death, to also return a certificate, signed by each juror, that the juror's individual decision was not affected by prejudice or bias relating to the race or color of the defendant or victim and that the individual juror would have made the same recommendation regardless of the race or color of the defendant or victim. Makes the fact that the killing of a victim was motivated by racial prejudice or bias an aggravating factor whose existence permits consideration of the death penalty, in a prosecution for an offense against the United States for which a sentence of death is authorized. Authorizes imposition of the death penalty for violation of specified civil rights provisions, if death results. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize drug control and system improvement grants to States to provide in all appropriate cases, particularly in collateral and other post-conviction proceedings, adequate resources and expertise to ensure that the death penalty is expeditiously carried out. Amends specified civil rights provisions to cover conspiracy against rights, and deprivation of rights under color of law, of any person (currently, inhabitant of) a State, territory, or district. Title XI: Victims' Rights - 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.
Bill· SS. 618 (102nd)open
United States · United States Congress · 12 March 1991
Violent Crime Control Act of 1991 - Title I: Safer Streets and Neighborhoods Act - Safer Streets and Neighborhoods Act of 1991 - Amends the Omnibus Crime Control and Safe Streets Act of 1991 (Omnibus Act) to: (1) authorize appropriations ($1,000,000,000 for FY 1992 and such sums as necessary in FY 1993 and 1994) for grants to State and local law enforcement agencies; and (2) continue the Federal-State funding formula for such agencies for FY 1992. Title II: Death Penalty - Federal Death Penalty Act of 1991 - Amends the Federal criminal code to establish criteria for the imposition of the death penalty for Federal crimes. Requires the Government, for any offense punishable by death, to serve notice upon the defendant a reasonable time before trial or acceptance of a plea, of its intention to seek the death penalty and of the aggravating factors upon which it will rely. Requires a separate sentencing hearing before a jury, or the court upon motion by the defendant, when the defendant is found guilty or pleads guilty to an offense punishable by death. Allows the defendant and the Government to present any information relevant to sentencing, without regard to the rules of evidence, but permits information to be excluded where its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury. Specifies mitigating factors which the defendant must establish by a preponderance of the information and aggravating factors which the Government must prove beyond a reasonable doubt. Includes as threshold aggravating factors for homicide that the defendant: (1) intentionally killed the victim; (2) intentionally inflicted serious bodily injury which resulted in the death of the victim; (3) intentionally participated in an act, contemplating that the life of a person would be taken, and the victim died as a direct result of the act; (4) attempted to kill the President of the United States; or (5) intentionally engaged in an act constituting reckless disregard for human life, knowing that the act created a grave risk of death to someone other than the participants, and the victim died as a direct result of the act. Sets forth special aggravating factors with respect to the crimes of treason, espionage, homicide, and attempted murder of the President. States that no person who was less than 18 years of age at the time of the offense may be sentenced to death. Prohibits the execution of mentally retarded persons or pregnant women. Directs the court, or the jury by unanimous vote, to impose the death penalty upon a finding that such sentence is justified based on consideration of both the aggravating and mitigating factors. Requires the court to instruct the jury: (1) not to consider the race, color, national origin, creed, or sex of the defendant or any victim in its consideration of the sentence; and (2) that it is not required to return a death sentence. Establishes procedures for appeal from a death sentence. Requires the Court of Appeals to review the record, address all substantive and procedural issues raised on appeal, and consider whether such sentence was imposed under the influence of passion, prejudice, or any other arbitrary factor whether the evidence supports the special finding of the existence of the required aggravating factor. Specifies that whenever such court finds that the sentence was imposed under such influence, the admissible evidence adduced does not support such special finding, or other legal error requires reversal of the sentence, the court shall remand the case for reconsideration or impose a sentence other than death (and, in any other case, remand for reconsideration). Requires the court to provide a written explanation of its determination. Prohibits requiring any employee of any State department of corrections, the Federal Bureau of Prisons, or any provider of services under contract to participate in any execution if participation is contrary to his or her moral or religious convictions. Bars the imposition of a death sentence for a death-eligible offense committed in Indian country unless the Indian tribe having criminal jurisdiction over land and persons subject to such jurisdiction has elected to have this title apply in such cases. Limits the circumstances under which the offense of delivering defense information to aid foreign governments is punishable by death. Provides for the imposition of the death penalty for: (1) murders committed by prisoners in Federal correctional institutions; (2) kidnappings which result in the death of any person; (3) attempting to kill the President of the United States (if such attempt results in bodily injury or comes dangerously close to causing the President's death); (4) murder for hire; (5) murder in the aid of a racketeering activity; (6) engaging in a criminal enterprise activity which results in death; and (7) other specified offenses, including civil rights murders and certain murders involving damage to religious property or obstruction of persons in the free exercise of religious beliefs. Racial Justice Act of 1991 - Amends the Federal judicial code to prohibit the imposition or execution of sentences of death under color of State or Federal law in a racially discriminatory pattern. Specifies that to establish such a pattern: (1) ordinary methods of statistical proof shall suffice; and (2) it shall not be necessary to show discriminatory intent on the part of any individual or institution. Specifies that: (1) to establish a prima facie showing of a racially discriminatory pattern it shall suffice that death sentences are being imposed or executed upon persons of one race with a frequency disproportionate to their representation among the number of persons arrested for, charged with, or convicted of death-eligible crimes, or as punishment for crimes against persons of one race with a frequency that is disproportionate to their representation among persons against whom death-eligible crimes have been committed; and (2) to rebut such a showing, a State or Federal entity must establish by clear and convincing evidence that identifiable and pertinent nonracial factors persuasively explain the observable racial disparities comprising the pattern. Requires any State or Federal entity that provides for the death penalty to designate a central agency to collect and maintain pertinent data on the charging, disposition, and sentencing patterns for all cases of death-eligible crimes. Directs each such entity to: (1) monitor compliance by local officials and agencies; (2) devise and distribute to every local official or agency responsible for the investigation or prosecution of death-eligible crimes a standard form to collect pertinent data; (3) maintain, compile, and index such forms and data and make them available to the public; (4) maintain a centralized, alphabetically indexed file of all police and investigative reports transmitted to it by local officials or agencies in every case of death-eligible crime; and (5) allow access to its file of police and investigative reports to the counsel of record for persons charged with death-eligible crimes. Requires each local official responsible for the investigation or prosecution of death-eligible crimes to: (1) complete such form on every case of death-eligible crime; (2) transmit such form to the central agency within three months after disposition of each such case; and (3) transmit to such agency a copy of all police and investigative reports made in connection with each case of death-eligible crime. Requires such data to include, at a minimum: (1) pertinent demographic information on all persons charged with the crime and all victims (including race, sex, age, and national origin); (2) information on the principal features of the crime; (3) information on the aggravating and mitigating factors of the crime, including the background and character of every person charged with the crime; and (4) a narrative summary of the crime. Requires the court to appoint counsel for those financially unable to retain counsel and to furnish investigative, expert, or other services as necessary for the development of the claim of any such person, subject to certain limitations. Specifies that no determination on the merits of a factual issue made by a State court pertinent to any claim under this Act shall be presumed to be correct unless: (1) the State is in compliance with the provisions of this Act; (2) the determination was made in a proceeding in a State court in which the person asserting the claim was afforded rights to counsel and to the furnishing of investigative, expert, and other such services which were substantially equivalent to those provided in this Act; and (3) the determination is one which is otherwise entitled to be presumed correct under the criteria specified under Federal habeas corpus provisions. Title III: Death Penalty for Murder of Law Enforcement Officer Act - Authorizes the death penalty for the murder of: (1) Federal law enforcement officials; and (2) State law enforcement officers working with Federal agents. Title IV: Death Penalty for Drug Criminals Act - Death Penalty for Drug Criminals Act of 1991 - Amends the Controlled Substances Act (CSA) to authorize the death penalty for first degree murders committed in the course of: (1) drug distribution conspiracies; (2) drug import and export conspiracies; (3) drug distribution to minors, near schools, or while employing minors; and (4) the export, import, or distribution of major quantities of drugs. Title V: Prevention and Punishment of Terrorist Acts - Comprehensive Counter-Terrorism Act of 1991 - Subtitle A: Punishing Domestic and International Terrorist Acts - Part I: Terrorist Death Penalty Act of 1991 - Terrorist Death Penalty Act of 1991 - Amends the Federal criminal code to: (1) make it a Federal offense, punishable by up to life imprisonment, to commit terrorist acts against U.S. nationals abroad; and (2) authorize the imposition of the death penalty where terrorist acts against U.S. nationals result in first degree murder. Part II: Terrorist Acts Committed in the United States - Authorizes the imposition of the death penalty for domestic terrorist acts that involve an individual acting as an agent of a foreign power and that result in first degree murder, and up to life imprisonment for acts that result in death that does not constitute first degree murder. Sets forth penalties for attempts or conspiracy to kill (up to life imprisonment) and for engaging in physical violence that results in serious bodily injury (up to ten years' imprisonment, a fine, or both). Specifies that, for purposes of this Act, a person possesses an intent to commit a terrorist act if such person intends to: (1) intimidate or coerce a civilian population; (2) influence the policy of a government by intimidation or coercion; or (3) affect the conduct of a government by assassination, kidnapping, or other violent act. Part III: Increasing Penalties for International Terrorist Acts - Increases the penalties for terrorist acts committed against U.S. nationals abroad. Subtitle B: Preventing Domestic and International Terrorist Acts - Part I: Attacking the Infrastructure of Terrorist Organizations - Makes it a Federal criminal offense for an individual, acting as an agent of a foreign power, to provide material support or resources (including currency, securities, communications equipment, facilities, weapons, personnel, and other physical assets), or to conceal or disguise the nature, location, source, or ownership of such support or resources, knowing that such resources or support are intended to be used to commit a terrorist act. Provides for the civil and criminal seizure and forfeiture of any real or personal property used to commit, or facilitate the commission of, terrorist acts. Part II: Electronic Communications - Expresses the sense of the Congress that providers of electronic communications services and manufacturers of electronic communications service equipment should ensure that communications systems permit the Government to obtain the plain text contents of voice, data, and other communications when appropriately authorized by law. Part III: Cooperation of Witnesses in Terrorist Investigations - Alien Witness Cooperation Act of 1991 - Authorizes the Attorney General to waive immigration admission, and other legal, requirements and grant permanent resident status for alien witnesses who cooperate with the Government in Federal or State prosecutions. Bars the granting of such status to an alien who would be excluded because of felony convictions unless the Attorney General determines that the granting of such status to such alien is necessary in the interests of justice and comports with the safety of the community. Limits the number of aliens and members of their immediate families entering the United States under such authority to 100 persons in any single fiscal year. Makes the decision to grant or deny permanent resident status under this Act at the discretion of the Attorney General and not subject to judicial review. Subtitle C: Preventing Aviation Terrorism - Makes the willful violation of certain Federal Aviation Administration regulations relating to airport and airline security punishable by a fine, imprisonment for up to one year, or both. Subtitle D: Preventing Economic Terrorism - Makes it a Federal criminal offense to counterfeit, or to make, deal, or possess any plate or other item used in the counterfeiting of, U.S. securities abroad. Establishes an Economic Terrorism Task Force to: (1) assess the threat of terrorist actions directed against the U.S. economy and the adequacy of existing policies and procedures designed to prevent such actions; and (2) recommend administrative and legislative responses to prevent such actions. Sets forth provisions: (1) regarding the makeup of such Task Force; (2) making provisions of the Federal Advisory Committee Act inapplicable to such Task Force; and (3) establishing reporting requirements. Specifies that if the report of the Task Force is classified, an unclassified version shall be prepared for public distribution. Subtitle E: Authorizations to Expand Counter-Terrorist Operations by Federal Agencies - Authorizes appropriations for counter-terrorist operations and programs. Title VI: Drive-By-Shooting Act - Drive-By-Shooting Prevention Act of 1991 - Sets penalties for any individual who, in furtherance or to escape detection of a major drug offense, with intent to intimidate, harass, injure, or maim, fires a weapon into a group of two or more people causing: (1) grave risk to human life (subject to a fine, up to 25 years' imprisonment, or both); and (2) death of one of those persons (including a sentence of death or life imprisonment without release). Title VII: Assault Weapons - Antidrug, Assault Weapons Limitation Act of 1991 - Amends the Federal criminal code to prohibit the transfer, importation, receipt, or possession of any assault weapon, except: (1) by the Federal, State, or local government; and (2) with respect to weapons lawfully possessed before enactment of this Act. Specifies firearms to be included as assault weapons. Authorizes the Secretary of the Treasury to recommend to the Congress the addition or deletion of firearms to be designated as assault weapons. Increases the length of imprisonment for an individual who uses or carries an assault weapon during and in relation to the commission of a crime of violence or a drug trafficking crime. Prohibits the sale, shipment, or delivery (or purchase, possession, or acceptance of delivery) of an assault weapon to (or by) any person who does not fill out a specified form. Establishes recordkeeping requirements. Directs the Secretary to prescribe regulations for the request and delivery of such form. Directs the Attorney General to: (1) investigate and study the effect of this title on violent and drug trafficking crime; and (2) submit to the Senate a report on its findings. Specifies the effective period of this title. Title VIII: Police Corps and Law Enforcement Training and Education Act - Police Corps and Law Enforcement Training and Education Act - Establishes within the Department of Justice (DOJ) an Office of the Police Corps and Law Enforcement Education to be headed by a Director. Requires a State that desires to participate in the Police Corps program or the Law Enforcement Scholarship program to designate a lead agency and submit a State plan containing assurances with respect to: (1) lead agency cooperation with other State and local agencies; (2) the State advertising of the assistance available; (3) State screening and selection of law enforcement personnel for participation in the program; and (4) compliance with other specified requirements. Subtitle A: Police Corps Program - Authorizes the Director to award scholarships (including direct payments to institutions and reimbursement of educational costs) to participants who agree to work for four years in a State or local police force after completion of a baccalaureate program and police corps training, subject to specified conditions. Sets forth provisions with respect to: (1) scholarship assistance for dependent children of law enforcement officers; (2) the selection of participants; (3) minority recruitment; and (4) leaves of absence. Requires the Director to establish up to three training centers to provide basic law enforcement training to State Police Corps program participants. Requires participants to attend two eight-week training sessions at such training centers and to meet certain performance standards in order to remain in the Police Corps program. Requires the Director to pay participants a weekly stipend during training. Requires a State, in order to participate in the Police Corps program, to submit a plan for implementing such program to the Director for approval. Requires such plan to: (1) include assurances that participants will receive additional State or local training after completing Federal training which shall count toward the four-year service obligation; and (2) provide that program participants shall be assigned to community and preventive patrol in geographic areas with the greatest need for additional law enforcement personnel. Provides for the swearing in of participants as members of the police force to which they are assigned after completing Federal training and meeting the requirements of that police force. Authorizes appropriations. Subtitle B: Law Enforcement Scholarship Program - Directs each State to pay from funds under this Act the Federal share (not more than 60 percent) of the cost of awarding scholarships to in-service law enforcement personnel for further education. Sets forth State plan requirements, including identifying model curricula and existing programs and providing assurances that the State will promote cooperative agreements to enhance law enforcement personnel recruitment efforts in high schools and community colleges. Sets forth application requirements. Grants priority in awarding scholarships to members of underrepresented groups and to those pursuing an undergraduate degree. Requires each individual awarded a scholarship to work in a law enforcement position in the State which made the award for a period of one month for each credit hour of financial assistance (with a six-month minimum and two-year maximum). Authorizes appropriations. Subtitle C: Reports - Sets forth provisions requiring: (1) annual reports by the Director to the Attorney General, the President, and specified Members of Congress; and (2) a special report by the Attorney General to the Congress on a plan to expand scholarship assistance to eligible Federal law enforcement officers. Title IX: Federal Law Enforcement Agencies - Federal Law Enforcement Act of 1991 - Authorizes appropriations for the Drug Enforcement Administration (DEA), the Federal Bureau of Investigation (FBI), the Immigration and Naturalization Service (INS), U.S. attorneys, U.S. marshals, the Bureau of Alcohol, Tobacco, and Firearms, U.S. courts, and defender services. Title X: Habeas Corpus Reform Act - Habeas Corpus Reform Act of 1991 - Amends the Federal judicial code to set forth special habeas corpus procedures in capital cases. Applies such procedures to Federal habeas corpus cases brought by prisoners in State custody who are subject to a capital sentence. Makes the applicability to such procedures contingent upon a State establishing a mechanism for the appointment, compensation, and payment of reasonable fees and litigation expenses of competent counsel consistent with this Act. Sets forth procedures for the appointment of counsel or for allowing a prisoner to proceed pro se. Provides for a mandatory stay of execution during the post-conviction review initiated pursuant to this Act. Details conditions which will cause such stay to expire. Prohibits a Federal court, if one of such conditions has occurred, from entering a stay of execution or granting relief in a capital case unless: (1) the basis for the stay and request for relief is a claim not previously presented by the prisoner in the State or Federal courts, and the failure to raise the claim is the result of State action in violation of the Constitution or laws of United States, is the result of Supreme Court recognition of a new Federal right that is retroactively applicable, or is based on a factual predicate that could not have been discovered through the exercise of reasonable diligence; (2) the facts underlying the claim would be sufficient, if proven, to undermine the court's confidence in the jury's determination of guilt on the offense for which the death penalty was imposed; or (3) a stay and consideration of the requested relief are necessary to prevent a miscarriage of justice. Imposes time limits on filing for habeas corpus relief. Requires such time limits to be tolled under specified conditions. Requires the district court, upon the development of a complete evidentiary record, to rule on the merits of the claims properly before it. Authorizes a district court to refuse to consider a claim under this Act if: (1) the prisoner previously failed to raise the claim in State court at the time and in the manner prescribed by State law; (2) the State courts, for that reason, refused or would refuse to entertain the claim; and (3) such refusal would constitute an adequate and independent State law ground that would foreclose direct review of the State court judgment in the U.S. Supreme Court. Provides an exception to such authorization. Makes the requirement for a certificate of probable cause inapplicable, with an exception. States that a mechanism for the provision of counsel services to indigents sufficient to invoke the provisions of this Act shall provide for counsel to indigents: (1) charged with offenses for which capital punishment is sought; (2) who have been sentenced to death and who seek appellate or collateral review in State court; and (3) who have been sentenced to death and who seek certiorari review in the U.S. Supreme Court. Prescribes minimum qualifications for appointed counsel. Authorizes payment of fees and expenses for investigative, expert, or other services reasonably necessary for the representation of the defendant. Allows the court to fix the compensation to be paid to an attorney appointed under this Act. Specifies which law is applicable in Federal habeas corpus proceedings. Title XI: Punishment of Gun Criminals - Gun Criminals Punishment Act of 1991 - Requires that any individual who, during and in relation to any crime of violence or drug trafficking crime, discharges a firearm that kills another person, with intent to kill, be sentenced to death or life imprisonment without release. Increases penalties to be imposed in addition to penalties provided for a crime of violence or drug trafficking crime for carrying, possessing, or discharging a firearm during and in relation to such crime to up to ten years for any firearm and ten to 15 years for an assault weapon. Requires an individual to be sentenced to life imprisonment for a second conviction of such an offense if the firearm is an assault weapon. Directs the U.S. Sentencing Commission to promulgate, or amend existing, guidelines to provide for a sentencing enhancement in accord with such provisions. Establishes penalties for possessing (current law covers only using and carrying) an explosive during the commission of a felony. Provides for 20 years imprisonment for using, carrying, or possessing an explosive, in the case of a second or subsequent conviction. Increases (from five to ten years) the term of imprisonment for knowingly making a false, material statement in connection with the acquisition of a firearm from a licensed dealer. Sets penalties for: (1) knowingly failing to acquire the proper form or its equivalent with respect to the transfer, transport, receipt, or possession of an assault weapon; and (2) theft of explosive materials. Bars the sale of firearms and explosives to, or possession of firearms and explosives by, persons convicted of a violent or serious drug misdemeanor. Permits a judicial officer to consider pretrial detention of a defendant for certain firearms and explosives offenses. Amends provisions of the Internal Revenue Code of 1986 with respect to the disposal of forfeited firearms to authorize public sale to a licensed dealer, under specified conditions. Title XII: Prison for Violent Drug Offenders - Authorizes appropriations for the construction, and operation for one year, of ten regional prisons. Sets forth provisions with respect to the location and population of such prisons, prisoner eligibility (State and Federal prisoners with release dates of not more than two years from the date of assignment to the prison who have long-term drug abuse problems and serious criminal histories, and who agree to the assignment), State responsibilities, and the powers of the Director of the Bureau of Prisons (e.g., to return any prisoner not complying with program requirements and conditions). Requires any State seeking to refer a State prisoner to a regional prison to submit to such Director an aftercare plan setting forth the provisions that the State will make for the continued treatment of the prisoner in a therapeutic community following release and providing for vocational job training where appropriate. Title XIII: Boot Camps - Directs the Attorney General, within one year, to establish within the Bureau of Prisons ten military-style boot camp prisons. Sets forth provisions with respect to prison capacity, proportion of State to Federal prisoners, and eligibility requirements. Authorizes appropriations. Title XIV: Youth Violence Act - Subtitle A: Increasing Penalties for Employing Children to Distribute Drugs Near Schools and Playgrounds - Amends the CSA to increase the penalty for employing, using, inducing, or coercing individuals under age 18 to violate provisions of such Act, or to assist in avoiding detection or apprehension for certain offenses under such Act by Federal, State, or local law enforcement officials. Subtitle B: Antigang Grants - Amends the Juvenile Justice and Delinquency Prevention Act of 1974 to authorize the Administrator of the Office of Juvenile Justice and Delinquency Prevention to make grants to States and units of general local government to assist them in planning, coordinating, and evaluating projects to reduce the formation or continuation of juvenile gangs and the use and sale of illegal drugs by juveniles. Specifies the allocation (50-50) of funds available to each State for juvenile drug supply and drug demand reduction programs. Directs the Administrator to give priority to programs aimed at juvenile involvement in organized gang- and drug-related activities. Authorizes appropriations. Sets forth provisions with respect to application, and review and approval, procedures. Subtitle C: Juvenile Penalties - Amends the Federal criminal code to: (1) add certain firearms offenses to the offenses over which the United States has juvenile delinquency jurisdiction; and (2) provide for the treatment of violent juveniles who commit firearms offenses as adults under certain circumstances. Specifies factors to be considered in transferring a juvenile to adult status. Classifies as serious drug offenses for purposes of the Armed Career Criminal Act of 1984 serious drug offenses committed by juveniles. Title XV: Rural Crime and Drug Control Act - Subtitle A: Fighting Drug Trafficking in Rural Areas - Amends the Omnibus Act to authorize appropriations, and increase the base allocation, for rural drug enforcement assistance. Directs the Attorney General to establish a Rural Drug Enforcement Task Force in each of the Federal judicial districts which encompass significant rural lands. Specifies the membership of such task forces. Directs the Attorney General to cross-designate up to 100 Federal officers with jurisdiction to enforce CSA provisions on non-Federal lands to the extent necessary to effect the purposes of this title. Requires the Director of the Federal Law Enforcement Training Center to develop a specialized course of instruction devoted to training law enforcement officers from rural agencies in the investigation of drug trafficking and related crimes. Authorizes appropriations. Subtitle B: Increasing Penalties for Certain Drug Trafficking Offenses - Ice Enforcement Act of 1991 - Amends the CSA to increase penalties for specified offenses involving crystalline methamphetamine. Subtitle C: Rural Drug Prevention and Treatment - Amends the Public Health Service Act to require the Director of the Office for Treatment Improvement to establish a program to provide grants to hospitals, community health centers, and other appropriate entities that serve nonmetropolitan areas to assist in developing and implementing projects that provide, or expand the availability of, substance abuse treatment services. Authorizes appropriations. Requires the alcohol and drug abuse information clearinghouse required to be established under the Public Health Service Act to: (1) gather information pertaining to the Alcohol, Drug Abuse, and Mental Health Administration and other rural drug abuse treatment and education projects operating throughout the United States; and (2) disseminate information to rural hospitals, community health centers, community mental health centers, treatment facilities, community organizations, and other interested individuals. Subtitle D: Rural Land Recovery Act - Specifies that each of the Rural Drug Enforcement Task Forces shall include one Director of Rural Land Recovery. Requires that assets seized from rural clandestine methamphetamine and other dangerous drugs laboratory operations and their operators be used primarily to fund the decontamination of the property and immediate environment chemically fouled by such operations or operators (and any remaining assets used to decontaminate other such sites throughout the jurisdiction of the task force). Directs State and Federal prosecutors, when bringing charges against the operators of such laboratories, to include, in addition to drug-related charges, counts involving infringements of applicable environmental protection laws, including illegal disposal of hazardous waste and knowing endangerment of the environment. Authorizes such prosecutors and private citizens to bring suit against the operators of such laboratories for environmental and health-related damages caused by the operators in their manufacture of illicit substances. Title XVI: Drug Emergency Areas Act of 1991 - Drug Emergency Areas Act of 1991 - Amends the National Narcotics Leadership Act of 1988 to replace language with respect to the designation of high intensity drug trafficking areas with provisions authorizing the President to declare a State or part of a State to be a drug emergency area. Requires requests for such a declaration to be made, in writing, by the Governor or chief executive officer of any affected State or local government and forwarded to the President through the Director of National Drug Control Policy. Allows cities, counties, or States to submit a joint request. Requires requests to be based on a written finding that the emergency is of such severity and magnitude that Federal assistance is necessary to ensure an effective response. Prohibits the President from limiting declarations made under this Act to highly-populated centers of drug trafficking, drug use, or drug-related violence. Requires the President to consider applications from governments of less populated areas where the magnitude and severity of such activities are beyond the capability of the State or local government to respond. Requires Governors or chief executive officers, as part of such requests and as a prerequisite to such assistance, to: (1) take appropriate action under State or local law to respond to the crisis and furnish information on the nature and amount of State and local resources which have been or will be committed to alleviating the emergency; (2) certify that State and local government obligations and expenditures will comply with all applicable cost-sharing requirements; and (3) submit a detailed plan outlining the State or local government's short- and long-term plans to respond to the emergency. Requires the Director to review requests submitted and forward the application to the President, along with a recommendation. Authorizes the President to make grants to State or local governments of up to $50,000,000 for any single emergency. Limits the Federal share to 75 percent of the costs necessary to implement the short- and long-term plan. Limits the duration of assistance to a drug disaster area to one year, after the Governors or chief executive officers may apply for an extension of up to 180 days. Requires any State or local government receiving Federal assistance to balance the allocation of such assistance evenly between drug supply and demand reduction efforts, unless State or local conditions dictate otherwise. Authorizes the President to: (1) direct any Federal agency to utilize its authorities and resources to support State and local efforts; and (2) provide technical and advisory assistance. Title XVII: Drunk Driving Child Protection Act - Drunk Driving Child Protection Act of 1991 - Amends the Assimilative Crimes Statute to require the imposition of a Federal penalty (if not already imposed by a State) of one year imprisonment and a $1,000 fine in addition to any term of imprisonment under State law for driving under the influence of drugs or alcohol if a non-driving minor was present in the vehicle at the time of the offense. Amends the common carrier provisions of the Federal criminal code to increase the penalty for operating a common carrier under the influence of drugs or alcohol if a non-driving minor is present in the vehicle by up to one year's imprisonment and an additional $1,000 fine. Title XVIII: Commission on Crime and Violence - Establishes the National Commission on Crime and Violence in America to: (1) develop a comprehensive crime control plan to serve as a blueprint for action in the 1990s; (2) bring attention to successful models and programs; (3) reach beyond the traditional criminal justice community for ideas; and (4) recommend improvements in local, State, and Federal coordination. Sets forth the composition of the Commission, its responsibilities, administrative provisions, reporting requirements, and its termination date. Title XIX: Protection of Crime Victims - Victims' Rights and Restitution Act of 1991 - Amends the Victims of Crime Act of 1984, as amended, to eliminate the cap on the crime victims fund. Requires all Federal law enforcement agencies to make their best efforts to accord victims of crime with the right to: (1) be treated with fairness and respect for the victim's dignity and privacy; (2) be protected against their accused offenders; (3) be notified of court proceedings; (4) attend public court proceedings related to the offense under certain conditions; (5) confer with the Government attorney assigned to the case; (6) receive restitution; and (7) receive information about the conviction, sentencing, imprisonment, and release of the offender. Directs Federal law enforcement agency heads to designate the persons required by this Act to identify and provide certain services to the victims of a crime such as informing victims about where to receive medical care, counseling, and police protection and about developments during the investigation and prosecution of the crime and after the trial (such as the arrest of a suspected offender or an escape of a convicted offender). Directs the Attorney General or the head of another department or agency that conducts an investigation of a sexual assault to pay, either directly or by reimbursement, the cost of a physical examination of the victim which an investigating officer determines was necessary or useful for evidentiary purposes. Directs that a responsible official provide the victim with general information regarding the corrections process, including information about work release, furlough, and probation. Requires (current law authorizes) the court to order restitution payments for specified violations of the Federal criminal code and the Federal Aviation Act of 1958. Authorizes the court, in addition to ordering restitution of the victim of the offense of which a defendant is convicted, to order restitution of persons harmed physically, emotionally, or pecuniarily by defendant's unlawful conduct during which the offense occurred or during the course of a scheme, conspiracy, or pattern of unlawful activity related to the offense. Sets forth additional provisions with respect to determination of amounts owed to the victim, set-offs, enforcement of restitution orders, and procedures for issuing such orders. Amends the Federal Bankruptcy code to make an exception to a discharge in bankruptcy to the extent that the debt arises from a proceeding brought by a governmental unit to recover a civil or criminal restitution, or to the extent that such debt arises from an agreed judgment or other agreement by the debtor to pay money or transfer property in settlement of such an action by a governmental unit. Title XX: Crack House Eviction Act - Amends the CSA to authorize: (1) the Attorney General to bring a civil action against violators of prohibitions against maintaining places for the manufacture, distribution, or use of controlled substances; and (2) the court to assess a civil penalty of up to $100,000 and grant such other relief, including injunctions and evictions, as appropriate. Directs the Attorney General to: (1) aggressively pursue the use of criminal penalties, civil injunctions, forfeiture sanctions, and other remedies against drug offenders; and (2) report annually to the Congress on the manner and extent to which such remedies are being used and their effect in curtailing drug trafficking. Title XXI: Organized Crime and Dangerous Drugs Division - Subtitle A: Establishment of an Organized Crime and Dangerous Drugs Division in the Department of Justice - Justice Department Organized Crime and Drug Enforcement Enhancement Act of 1991 - Establishes within DOJ the Organized Crime and Dangerous Drugs Division, consisting initially of specified offices within the Criminal Division of DOJ and the Organized Crime Drug Enforcement Task Force Program. Transfers to such Division all functions, personnel, and available funds of such offices and program. Requires such Division to be headed by an Assistant Attorney General for the Organized Crime and Dangerous Drug Division and a Deputy Assistant. Establishes within such Division such sections and offices as the Attorney General deems appropriate to maintain or increase the level of enforcement activities with respect to criminal racketeering, narcotics trafficking, money laundering, asset forfeiture, international crime, and civil enforcement. Directs the Attorney General to establish at least 20 field offices of the Division to be known as Organized Crime and Dangerous Drug Strike Forces. Sets forth additional provisions with respect to coordination of field activities and the transfer of staff assigned to the Task Forces to the Division (designated the Criminal Narcotics Section). Specifies that the agents assigned to the Strike Forces shall be dedicated exclusively to, and located with, the Strike Forces and shall be given credit for the work of the Strike Forces. Requires the Assistant Attorney General for Organized Crime and Dangerous Drugs to report to the Congress on the areas of the United States that may require increased assistance from DOJ through the establishment of additional strike forces. Authorizes appropriations for salaries and expenses of the Division for FY 1992, subject to certain limitations. Subtitle B: International Prosecution Teams - Requires the Division to include at least ten International Drug Enforcement Teams: (1) devoted exclusively to investigating, prosecuting, and supporting the investigation and prosecution of international drug cases; and (2) responsible for developing expertise in handling civil and criminal cases involving extradition, money laundering, drug-related corruption, and other complex cases relating to international drug trafficking. Specifies relationships of team members and goals, including improved coordination and cooperation between the United States and foreign countries in the suppression of international money laundering and narcotics trafficking. Title XXII: Exclusionary Rule - Amends the Federal criminal code to bar the exclusion of evidence obtained as a result of a search or seizure that was in violation of the fourth amendment to the Constitution if the search or seizure was carried out in reasonable reliance on a warrant that was issued by a detached and neutral magistrate and that was ultimately found to be invalid, unless: (1) the judicial officer in issuing the warrant was materially misled by information in an affidavit that the affiant knew was false or would have known was false except for this reckless disregard of the truth; (2) the judicial officer provided approval of the warrant without exercising a neutral and detached review of the application for the warrant; (3) the warrant was based on an affidavit so lacking in indicia of probable cause as to render official belief in its existence entirely unreasonable; or (4) the warrant is so facially deficient that the executing officers could not reasonably presume it to be valid. Title XXIII: Drug Testing - Federal Prisoner Drug Testing Act of 1991 - Amends the Federal criminal code to require, as a condition of probation, supervised release, or parole, that the defendant pass a drug test prior to the imposition of sentence, refrain from any unlawful use of a controlled substance, and submit to at least two periodic drug tests (as determined by the court) for use of a controlled substance. Specifies that no action may be taken against a defendant pursuant to such a drug test unless the test confirmation is a urine drug test confirmed using gas chromatography/mass spectrometry techniques or one determined to be of equivalent accuracy.
Bill· SS. 613 (102nd)referred
United States · United States Congress · 12 March 1991
Declares a named individual to have been lawfully admitted to the United States for permanent residence under the Immigration and Nationality Act.
Bill· SS. 616 (102nd)referred
United States · United States Congress · 12 March 1991
United States Information Agency Authorization Act, Fiscal Years 1992 and 1993 - Authorizes appropriations for the U.S. Information Agency (USIA) for FY 1992 and 1993. Amends the United States Information and Educational Exchange Act of 1948 to prohibit funds in excess of $500,000 (currently, $250,000) from being made available to USIA through a reprogramming unless the House Committee on Foreign Affairs and the Senate Committee on Foreign Relations are notified. Adds to the authorities of the USIA Director the authority to purchase, rent, construct, improve, and operate facilities for television transmission and reception. Permits the USIA Director or other authorized Government agencies to pay to or for participants in programs under the United States Information and Educational Exchange Act of 1948 the costs of: (1) emergency medical expenses; (2) the preparation and transportation of remains of participants' dependents who die while away from home during such participation; (3) health and accident insurance premiums; (4) per diem in lieu of subsistence; and (5) such other costs, as necessary. Authorizes the crediting of payments received in connection with USIA advisory services rendered to foreign students regarding study in the United States. Repeals a provision of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 concerning the closure of USIA posts and reductions of USIA personnel abroad. Requests the inclusion of a provision in this Act that permits USIA and the Ministry of Foreign Affairs, U.S.S.R., to establish and operate reciprocal cultural information centers in Moscow and Washington, D.C., in accordance with a specified agreement signed in Washington, D.C., on May 31, 1990. Amends the United States Information and Educational Exchange Act of 1948 to permit the USIA Director or other authorized Government agencies to: (1) incur expenses authorized by the Foreign Service Act of 1980; and (2) furnish living quarters and provide specified allowances for Government employees in foreign countries. Amends the Immigration and Nationality Act to authorize the issuance of up to 100 conditional immigrant visas per fiscal year to USIA employees. Limits admission to periods of up to four years. Permits spouses and dependents of such employees to be admitted as conditional permanent residents. Sets forth provisions governing the transition to permanent resident status and the termination of conditional status of such employees.
Bill· HRH.R. 1400 (102nd)open
United States · United States Congress · 12 March 1991
Comprehensive Violent Crime Control Act of 1991 - Title I: 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) espionage, treason, homicide, 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) international terrorism (where the killing is a first-degree murder); (8) engaging in a criminal enterprise activity which results in death; (9) specified violations of the Controlled Substances Act, the Controlled Substances Import and Export Act, and the Maritime Drug Law Enforcement Act; and (10) genocide. 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 II: Habeas Corpus Reform - Subtitle A: General Habeas Corpus Reform - Habeas Corpus Reform Act of 1991 - 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 petition for habeas corpus with respect to any claim which has been fully and fairly adjudicated in State proceedings. Sets forth provisions with respect to the appointment of counsel. Subtitle B: Death Penalty Litigation Procedures - Death Penalty Litigation Procedures 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 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 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 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. Title III: Exclusionary Rule - 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. Title IV: Firearms - Subtitle A: Firearms and Related Amendments - Amends the Federal criminal code to prohibit the transfer of firearms to non-residents of the State in which the transferor resides. 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. Provides for enhanced penalties for: (1) the use of a semiautomatic firearm during a crime of violence or drug trafficking offense, with exceptions; and (2) possession of a firearm or explosive during the commission of such offenses. Sets forth penalties for smuggling firearms in aid of drug trafficking and for theft of firearms and explosives. Provides for the mandatory revocation of the supervised release of an individual for possession of a firearm. Increases penalties for: (1) making knowingly false, material statements in connection with the acquisition of a firearm from a licensed dealer; and (2) a second offense of using an explosive to commit a Federal felony. Amends the Internal Revenue Code of 1986 to: (1) change from six to five years the statute of limitations for certain firearms offenses; and (2) provide for the summary forfeiture of unregistered National Firearms Act weapons, with provision for reimbursement for innocent owners. 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. Subtitle B: 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 V: Obstruction of Justice - Increases penalties for obstruction of justice offenses against court officers and jurors and for retaliatory killings of witnesses, victims, and informants. Includes State and local law enforcement officers assisting Federal officers or employees in the performance of their official duties within the scope of provisions setting penalties for individuals who kill or attempt to kill any U.S. judge, U.S. Attorney, or specified other classes of individuals. 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 prejudgment 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. Title VII: Terrorism - Subtitle A: Aviation Terrorism - Amends the Federal criminal code to set forth penalties for: (1) performing or attempting an act of violence against a person at an airport serving international civil aviation which causes or is likely to cause serious injury or death; (2) destroying or seriously damaging the facilities of, or a civil aircraft not in service at, such airport; or (3) disrupting the services of such airport, if such an act endangers or is likely to endanger safety. Amends the Federal Aviation Act to delete a limitation on the applicability of aircraft piracy provisions to situations where the place of takeoff or of actual landing of the aircraft on board which the offense is committed is situated outside the territory of the State of registration of such aircraft. 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. jurisdiction over the territorial sea and over crimes against U.S. nationals on foreign vessels. Subtitle C: Terrorist Alien Removal - Terrorist Alien Removal Act of 1991 - Amends the Immigration and Nationality Act to make terrorist activity (as defined by this Act) grounds for deportation. Establishes removal procedures for alien terrorists, including a special removal hearing which shall be open to the public. Sets forth provisions with respect to: (1) the introduction of evidence, including a provision restricting the public from being fully informed of such evidence or its source unless the Department of Justice elects to introduce such evidence in open session; (2) the burden of proof; and (3) appeals. Specifies that an alien subject to removal under provisions of this title shall have no right of discovery of information derived from electronic surveillance authorized under the Foreign Intelligence Surveillance Act or otherwise for national security purposes, nor shall such alien have the right to seek suppression of such evidence. Authorizes the Government to use, in the removal proceeding, the fruits of electronic surveillance authorized under such Act. Specifies that no order of removal shall be stayed pending disposition of a writ of certiorari except as provided by the Court of Appeals or a Justice of the Supreme Court. Directs the Chief Justice of the United States to: (1) 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; and (2) provide for the maintenance of appropriate security measures for applications for ex parte orders to conduct the special removal hearing, the orders themselves, evidence received in camera and ex parte, and other matters as necessary to protect information concerning matters before the court from harming the national security of the United States, adversely affecting foreign relations, revealing investigative techniques, or disclosing confidential sources of information. 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. Amends the Immigration and Nationality Act to: (1) grant exclusive jurisdiction to the U.S. Court of Appeals for the Federal Circuit to review excludability orders; (2) provide 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; and (3) delete a provision authorizing an alien held in custody pursuant to a deportation order to obtain judicial review by habeas corpus proceedings. Subtitle D: 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; (3) committing certain homicides and attempted homicides involving firearms in Federal facilities; and (4) providing material support to terrorists. Makes specified terrorist offenses predicates to a violation of the Racketeer Influenced and Corrupt Organizations statute. Authorizes the civil and criminal forfeiture of property used to commit specified terrorist and violent acts. Provides for enhanced penalties for specified offenses, such as fraud and misuse of visas, permits, and other entry documents. Directs the U.S. Sentencing Commission to amend its sentencing guidelines to provide an increase of not less than three levels in the base offense level for any felony that involves or is intended to promote international terrorism, with exceptions. Subtitle E: Antiterrorism Enforcement Provisions - Authorizes the Attorney General to award permanent residence or other status to an alien and his immediate family who is already present in the United States under specified circumstances, such as where necessary to protect the life of an individual who has cooperated with Federal law enforcement authorities, subject to certain numerical limitations. Amends the Alien Enemies Act to authorize the President, whenever invoking the authority contained in such Act as to aliens of a hostile nation or government and upon further determining that the United States may also be subject to actual, attempted, or threatened predatory incursions by aliens of other nations, to include within the terms of such Act (which provides for the apprehension, restraint, and removal of alien enemies) any or all other aliens within the United States as the President may designate. Authorizes the Director of the Federal Bureau of Investigation (FBI) to obtain (after submitting a written request) from a wire or electronic communications service provider subscriber information regarding a person or entity which is relevant to an authorized foreign counterintelligence investigation, where information available to the FBI indicates that there is reason to believe that communications facilities registered in the name of such person or entity have been used, through the services of such provider, in communication with a foreign agent or power. Establishes penalties for the disclosure by such a provider, or an officer, employee, or agent of such provider, that the FBI has sought or obtained access to such information. Amends the Consumer Credit Protection Act to require a consumer reporting agency to furnish a consumer report or other information requested in connection with an authorized foreign counterintelligence investigation to the FBI under specified conditions. Makes it a misdemeanor for such agency, or an officer, employee, or agent of such institution, to disclose to any person that the FBI has sought or obtained a consumer report or identifying information respecting any consumer. Authorizes: (1) interceptions of communications (subject to approval by the appropriate Federal judge) under specified Federal provisions, such as where such interception may provide evidence related to terrorist acts abroad, use of weapons of mass destruction, and violence at airports; (2) participation of foreign and State government personnel in interceptions; and (3) disclosure of intercepted communications, under specified circumstances, to foreign law enforcement officials. Extends the statute of limitations for specified terrorism offenses. Title VIII: Sexual Violence and Child Abuse - Amends the Federal Rules of Evidence to allow evidence of similar offenses in criminal or civil sexual assault and child molestation cases. Amends the Controlled Substances Act to provide for increased penalties for distribution of a controlled substance to a woman while she is pregnant. 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 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. Title IX: Drug Testing - Requires: (1) the Director of the Administrative Office of the U.S. Courts to establish a program of drug testing of criminal defendants on post-conviction release; and (2) the chief probation officer in each district to arrange for the drug testing of such defendants. Requires, as an explicit condition of probation, parole, or supervised release of a defendant involving a felony or a specified violent or drug offense, that the defendant refrain from any unlawful use of a controlled substance and submit to periodic drug tests. Sets limitations on the authority to require such tests and to take action against a defendant based on test results. Requires the revocation of probation, supervised release, or parole if a prisoner unlawfully uses a controlled substance or refuses to cooperate in drug testing imposed as a condition of such probation, supervised release, or parole. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to condition State eligibility for justice system improvement grants on State implementation of a drug testing program for targeted classes of persons subject to charges, confinement, or supervision in the criminal justice systems of such State. Specifies that: (1) such program must meet criteria specified by the Attorney General; and (2) no State shall be required to expend an amount for drug testing in excess of ten percent of the minimum amount which such State is eligible to receive under such Act. Directs the Attorney General to promulgate regulations to implement such requirements which: (1) incorporate scientific and technical standards determined by the Secretary of Health and Human Services to ensure reliability and accuracy of drug test results; and (2) include such other guidelines for drug testing programs in State criminal justice systems as the Attorney General determines are appropriate, as well as provisions by which a State may apply for a waiver of such requirements on the grounds that compliance would impose excessive financial or other burdens on such State or would otherwise be impractical or contrary to State policy. Title X: Equal Justice Act - Equal Justice Act - Requires that: (1) the death penalty and all other penalties be administered by the United States and by every State without regard to the race or color of the defendant or victim; and (2) neither the United States nor any State prescribe any racial quota or statistical test for the imposition or execution of the death penalty or any other penalty. Directs that, in a criminal trial in any Federal or State court, on motion of the defense attorney or prosecutor: (1) the risk of racial prejudice or bias be examined on voir dire if there is a substantial likelihood in the circumstances of the case that such prejudice or bias will affect the jury either against or in favor of the defendant; and (2) a change of venue be granted if an impartial jury cannot be obtained in the original venue because of racial prejudice or bias. Bars the prosecutor or the defense attorney from making any appeal to racial prejudice or bias in statements before the jury. Requires: (1) the judge in a Federal capital case before a jury to instruct the jury not to be influenced by prejudice or bias relating to the race or color of the defendant or victim in considering whether a sentence of death is justified, and that the jury is not to recommend the imposition of such sentence unless it has concluded that it would recommend the same sentence for such crime regardless of the race or color of the defendant or victim; and (2) the jury, upon the return of a recommendation of a sentence of death, to also return a certificate, signed by each juror, that the juror's individual decision was not affected by prejudice or bias relating to the race or color of the defendant or victim and that the individual juror would have made the same recommendation regardless of the race or color of the defendant or victim. Makes the fact that the killing of a victim was motivated by racial prejudice or bias an aggravating factor whose existence permits consideration of the death penalty, in a prosecution for an offense against the United States for which a sentence of death is authorized. Authorizes imposition of the death penalty for violation of specified civil rights provisions, if death results. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize drug control and system improvement grants to States to provide in all appropriate cases, particularly in collateral and other post-conviction proceedings, adequate resources and expertise to ensure that the death penalty is expeditiously carried out. Amends specified civil rights provisions to cover conspiracy against rights, and deprivation of rights under color of law, of any person (currently, inhabitant of) a State, territory, or district. Title XI: Victims' Rights - 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.
Bill· HRH.R. 1376 (102nd)open
United States · United States Congress · 12 March 1991
Amends the Immigration and Nationality Act to waive the government knowledge naturalization requirement for persons: (1) over age 50 who have resided in the United States as permanent residents for at least 20 years; or (2) over age 55 who have resided in the United States as permanent residents for at least 15 years.
Bill· HRH.R. 1399 (102nd)referred
United States · United States Congress · 12 March 1991
Amends the Immigration and Nationality Act to authorize additional immigrant visas for nationals of the Soviet Union or Eastern European countries in each of FY 1991 through 1993.
Bill· HRH.R. 1395 (102nd)referred
United States · United States Congress · 12 March 1991
Amends the Immigration and Nationality Act to exempt from the Government knowledge requirement (for naturalization purposes) persons who are exempt from the related English language requirement.
Bill· SS. 598 (102nd)referred
United States · United States Congress · 7 March 1991
Declares a named individual to have been lawfully admitted to the United States for permanent residence under the Immigration and Nationality Act.
Bill· SS. 600 (102nd)open
United States · United States Congress · 7 March 1991
Child Labor Amendments of 1991 - Amends the Fair Labor Standards Act of 1938 to establish certain criminal penalties for willful violations of child labor provisions or regulations if such violations cause serious bodily injury or death to the employee. Provides that a prior offense is not a prerequisite for imprisonment for willful violations of child labor provisions. Makes willfull violators of child labor provisions who are repeat offenders ineligible: (1) for any direct or indirect Federal grant, contract, or loan, for five years after determination; and (2) to pay a special training wage below the minimum wage rate. Directs the Secretary of Labor (the Secretary) to post in affected school districts the name of each employer who violates child labor provisions or regulations, together with the location and nature of the violation. Prohibits employment of any individual under age 18 who is not a high school graduate unless the employer has in effect a certificate for such employment issued annually with the approval of the minor's parents and appropriate local school officials. Sets forth conditions for issuance of such certificates. Requires the State agency to provide a copy of such certificate to the parents of minors under age 16. Requires employers to notify the State when they employ a minor. Requires State agencies to report annually to the Secretary on such certificates. Requires employers of minors who in the course of employment suffer death or injury resulting in lost work time of at least one day to provide the State agency with a written description of the death or injury within five days after its occurrence. Directs the Secretary to prepare and distribute to State employment agencies written materials, suitable for posting and mass distribution, describing Federal law and regulations governing the employment of minors. Directs the Secretary to find and declare as particularly hazardous for employment of children between the ages of 16 and 18 the following occupations (among others): (1) poultry processing; (2) fish and seafood processing; and (3) pesticide handling. Prohibits under the definition of oppressive child labor, employing any person under the age of 14 as a migrant or seasonal agricultural worker. Directs the Secretary, within one, two, and three years after enactment of this Act, to report to specified congressional committees on actions taken to carry out, and the effect of, this Act, including national and State-by-State information on: (1) certificates of employment issued to minors; and (2) reports of deaths and injuries to minors during employment. Directs the Secretary to issue regulations to carry out this Act.
Bill· SS. 599 (102nd)referred
United States · United States Congress · 7 March 1991
Declares two named individuals to have been lawfully admitted to the United States for permanent residence under the Immigration and Nationality Act.
Bill· SS. 608 (102nd)referred
United States · United States Congress · 7 March 1991
Migration Affairs Reorganization Act of 1991 - Establishes the Agency for Migration Affairs to direct U.S. immigration and refugee policy. Transfers to the Agency: (1) all immigration functions of the Attorney General and the Commissioner of Immigration and Naturalization; and (2) specified functions of the Secretary of State and specified components of the Department of State. Transfers related personnel and assets. Abolishes: (1) the Immigration and Naturalization Service; and (2) the Office of the Commissioner of Immigration and Naturalization.