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Motion· Antrag12/1824rejected
Germany · German Bundestag · 12 December 1991
Verbot von Rüstungsexporten, keine Entwicklungshilfe bei Menschenrechtsverletzungen, mehr Finanzmittel zur direkten Entschärfung des Weltflüchtlingsproblems, Patenschaften für Flüchtlingslager, Hilfe zur Selbsthilfe, Verbesserung der Stellung der Frauen, Eindämmung des Bevölkerungswachstums, Umweltprogramme, Entwicklungszusammenarbeit mit den Ländern Osteuropas, Lösung der Schuldenkrise, Verbesserung der Handelsbedingungen, eine stärker an den Menschen orientierte Politik von IWF und Weltbank, Analyse der Fluchtursachen, Vorlage eines jährlichen Berichts über die Weltflüchtlingssituation
Report· CCCELEX 61991CC0005decided
European Union · Court of Justice of the European Union · 10 December 1991
Question· Kleine Anfrage12/1759open
Germany · German Bundestag · 5 December 1991
Sichtvermerkssperrliste (SSL) des Auswärtigen Amts, registrierte Personen, Zugangsberechtigung zur SSL, rechtliche Grundlage für die SSL-Datei
Question· Kleine Anfrage12/1731open
Germany · German Bundestag · 4 December 1991
Status sowjetischer Juden in Deutschland, Grund deutscher Behörden für die Ausweisverweigerung
Question· Kleine Anfrage12/1732open
Germany · German Bundestag · 4 December 1991
Evtl. Aussetzung der Abschiebung
Question· Große Anfrage12/1729open
Germany · German Bundestag · 4 December 1991
Gewaltpotential bei Bundesbürgern, Struktur rechtsextremer Parteien und Organisationen, Beziehungen zwischen Rechtsextremisten und Skinheads bzw. zu nicht-organisierten fremdenfeindlichen Jugendlichen, Sympathisantenszene, Aufbau der Landespolizei in den neuen Bundesländern, Gefährdungspotential des Rechtsradikalismus, Schutz von Ausländerwohnheimen, Förderung der politischen Bildung in den neuen Bundesländern
Bill· Gesetzgebung12/1714rejected
Germany · German Bundestag · 4 December 1991
<b>Bezug:</b> Siehe auch B12, B27, B28, B48, B54, B56 und C58 <br><br><b>Inhalt:</b> Gewährung sämtlicher Rechte für alle legal in der Bundesrepublik Deutschland lebenden Ausländer, Schaffung des Rechtsinstituts der Niederlassungsberechtigung, Recht auf Einbürgerung auf Antrag, Möglichkeit der doppelten Staatsbürgerschaft, Regelung der Einreise zum Zwecke der Einwanderung, insbesondere jährliche Entscheidung über die Anzahl der Einwanderungen durch Gesetz; Niederlassungsgesetz als Art. 1, Einbürgerungsgesetz als Art. 2 und Einwanderungsgesetz als Art. 3 der Vorlage, eingeschränkte Fortgeltung des Ausländergesetzes, Außerkrafttreten wesentlicher Verordnungen zum Ausländergesetz, Aufhebung des Bundesvertriebenengesetzes, Änderung der §§ 19, 227 und 229 Arbeitsförderungsgesetz, Aufhebung der Verordnung über die Arbeitserlaubnis für nichtdeutsche Arbeitnehmer, Streichung § 120 Bundessozialhilfegesetz. Geringfügige Mehrkosten für die Durchführung des Gesetzes bei Wegfall kostenträchtiger sonstiger Verwaltungsstrukturen. <br><br><b>Nebenschlagwörter:</b> Niederlassungsgesetz/Gesetz über die Niederlassung von Ausländerinnen und Ausländern * Einbürgerungsgesetz/Gesetz zur rechtlichen Gleichstellung der ausländischen Wohnbevölkerung durch Einbürgerung ohne das Erfordernis der Aufgabe der bisherigen Staatsangehörigkeit * Staatsangehörigkeit/Möglichkeit der doppelten Staatsbürgerschaft für Ausländer * Einwanderungsgesetz/Gesetz zur Regelung der Rechte von Einwanderinnen und Einwanderern * Einwanderer/Festlegung von Einwanderungsquoten durch Gesetz * Ausländergesetz/Einschränkungen des Ausländergesetzes und der Verordnungen * Bundesvertriebenengesetz/Aufhebung des BVFG * Arbeitsförderungsgesetz/Änderung der §§ 19, 227 und 229 AFG und der VO betr. Arbeitserlaubnis für Ausländer * Bundessozialhilfegesetz/ Streichung § 120 BSHG betr. Asylbewerber
Bill· SS. 2099 (102nd)referred
United States · United States Congress · 26 November 1991
Amends the Immigration and Nationality Act to designate special inquiry officers as immigration judges and provide for their compensation.
Bill· SS. 2055 (102nd)passed
United States · United States Congress · 26 November 1991
Job Training and Basic Skills Act of 1991 - Amends the Job Training Partnership Act (JTPA) to revise and extend employment and training assistance programs. Title I: Adult and Youth Employment and Training Programs - Subtitle A: Policy, Authorization of Appropriations, and Definitions - Declares it to be the policy of the United States to: (1) provide financial assistance to States and local service delivery areas (SDAs) to meet the training needs of low-income adults and youth and assist them in obtaining unsubsidized employment; (2) increase funds available for programs of training services for the disadvantaged by at least ten percent of the baseline each fiscal year to provide for growth in the number of eligible adults and youth served beyond the current five percent of the eligible population in need of these services; and (3) encourage provision of longer and more comprehensive education, training, and employment services to the eligible population, with increased funding to maintain current service levels. Amends the Job Training Partnership Act (JTPA) to authorize appropriations for FY 1993 and succeeding fiscal years. Defines "basic skills deficient" as reading or computing skills at or below eighth grade level. Adds the Association of Farmworker Opportunity Programs, literacy organizations, and organizations serving older workers to the the list of community-based organizations. Revises the definition of "economically disadvantaged" to refer to the official poverty line. Revises the definition of "supportive services" to include: (1) drug and alcohol abuse counseling and referral; and (2) individual and family counseling. Subtitle B: Job Training Partnership - Includes representatives of public assistance agencies and local welfare agencies on private industry councils (PICs) under JTPA. Revises other provisions for PIC membership. Applies the requirement for a job training plan to training services for the disadvantaged only. Revises requirements for the contents of such plans to provide for linkages with appropriate agencies and for outreach to recruit locally determined target groups. Adds community-based organizations to those entities reviewing such plans. Revises requirements for training services for the disadvantaged performance standards to: (1) promote delivery of services to the hard-to-serve; and (2) add measurement of increased basic education attainment and occupational skills (as well as the current measurement of increased employment and earnings and reduced dependency). Provides for the following additional factors in performance standards for youth programs: (1) attainment of employability competencies; (2) secondary and postsecondary school completion or its equivalent; (3) dropout prevention and recovery; and (4) enrollment in other education, training, or employment program or apprenticeship, or enlistment in the armed forces. Allows variations in standards to reflect differences between in-school and out-of-school programs. Requires the private industry council to determine levels for competency standards based on such factors as entry skill levels and other hiring requirements. Sets forth additional elements of performance standards. Retains the requirement that the Secretary prescribe performance measures, but states that such standards shall not be taken into consideration in the award of incentive grants. Provides that Governor's incentive grant awards shall be to service delivery areas (SDAs) conducting adult and youth programs which: (1) meet specified performance standards established by the Secretary, serve more than a specified minimum percentage of out-of-school youth, and exceed performance standards for hard-to-serve- populations; (2) place participants in employment providing wages at placement exceeding the appropriate performance criteria, as well as employer-assisted employment benefits (including health benefits); (3) meet specified performance standards established by the Governor; and (4) establish linkages with other programs to avoid duplication and enhance delivery of services. Retains the requirement for the Secretary to prescribe performance standards for dislocated workers employment and training assistance based on placement and retention in unsubsidized employment. Retains the requirement that such standards make appropriate allowance for the difference in cost resulting from serving workers receiving cetain needs-related payments. Changes from discretionary to mandatory the authority of State Governors to prescribe, within certain parameters, variations in performance standards for training services for the disadvantaged and for dislocated workers employment and training assistance. Directs the Secretary to: (1) provide information and technical assistance on performance standards adjustments; (2) collect data that identify hard-to-serve individuals and long-term welfare dependency; (3) provide guidance on setting performance goals at the service provider level that encourages increased service to the hard-to-serve, particularly long-term welfare recipients; and (4) review performance standards to ensure that they provide maximum incentive in serving the hard-to-serve, particularly long-term welfare recipients, including those receiving benefits under the Aid to Families with Dependent Children (AFDC) and Supplement Security Income (SSI) programs under, respectively, part A of title IV, and title XVI, of the Social Security Act. Authorizes Governors to prescribe additional performance standards for these programs, which must be reported in the coordination and special services plan. Directs the Secretary to prescribe performance standards for: (1) employment and training programs for Native Americans and migrant and seasonal farm workers; (2) the Jobs Corps; and (3) the jobs for employable dependent individuals incentive bonus program. Directs the Secretary to prescribe a system for adjustments in JTPA performance standards for special populations to be served. (Current law requires prescriptions of such variations, but without system.) Authorizes the Secretary to modify JTPA performance standards not more often than once every two program years (except that Job Corps standards may be modified each program year). Prohibits such modifications from being retroactive. Sets forth required responses to failures to meet standards, including a process for correction. Requires each State Governor to provide technical assistance to SDAs failing to meet the performance standards. Requires the Governor, if an SDA continues to fail to meet performance standards for two program years, to impose a reorganization plan. Allows the alternative administrative entity under such reorganization plan to be a newly formed private industry council or any jointly selected by the Governor and the chief elected official of the largest local government in the SDA or substate area. Allows SDAs to appeal to the Secretary for revision of such reorganization plans. Defines "employment,"for purposes of JTPA performance standards, as employment for more than 20 hours per week. Requires SDAs, in selecting service providers, to consider provision of support services, including child care. Requires selection of service providers to be made on a competitive basis and to include: (1) a determination of such provider's ability to meet program design specifications that take into account JTPA's purposes and the goals established in the Governor's coordination and special services plan; and (2) documentation of compliance with procurement standards established by the Secretary, including the reasons for selection. Revises limitations on certain costs for specified programs, including general administrative costs, combined administration and support services costs, and training-related services costs. Prohibits duplication of supportive services which are available free to participants through other services. Adds provisions for SDA transfer and agreement. Provides for reallotment of funds for training services for the disadvantaged. Revises requirements for the Governor's coordination and special services plans to include: (1) descriptions of State coordination measures, projected grants uses, and services to older workers; (2) criteria for coordinating activities under JTPA with State and local services on aging and with programs operated under specified provisions of the Older Americans Act of 1965; and (3) initiatives under the State innovation and coordination program. Revises provisions for State education coordination and grants. Eliminates specified provisions for training programs for older workers. Requires identification of any State- or SDA-rule, regulation, or policy funded by JTPA. Requires State labor market information programs to include training and technical assistance to support comprehensive career guidance and participant outcome activities for local programs assisted under JTPA. Revises general program requirements for service delivery systems. Exempts normal tuition charges for training or education from certain requirements for a breakdown of cost components. Exempts from specified cost limitations certain administrative expenses related to training incurred by community-based organizations. Limits the duration of on-the-job training to a period not in excess of that generally required for acquisition of skills needed for that position, but never exceeding six months. Requires on-the-job contracts to: (1) specify types and duration of training and other services; and (2) if an intermediary brokering contractor is used for placements, specify certain additional services and factors. Revises provisions relating to disposal of assets and program income. Revises certain Federal and fiscal administrative provisions. Allows the use of certain advance payment methods when contracting with nonprofit organizations of demonstrated effectiveness. Requires States to establish fiscal control and fund accounting procedures to ensure proper disbursal and accounting of Federal funds. Requires the State Governor to establish procurement standards for the State, local areas, and SDAs to ensure that specified criteria are met. Requires State Governors to: (1) conduct annual on-site monitoring of each SDA and substate area to ensure compliance with such procurement standards; (2) impose corrective action to secure prompt compliance; (3) impose specified sanctions in the event of failure to take required corrective action; and (4) certify annually the State's implementation, monitoring, and enforcement of such standards. Directs the Secretary to: (1) annually review the procurement standards; and (2) upon determination that the Governor has not fulfilled such requirements, to impose such corrective actions and sanctions. Directs the Secretary to review the implementation of these requirements and report with recommendations to the Congress on the effectiveness of such fiscal control provisions. Adds provisions relating to program income. Revises reporting, recordkeeping, and investigative requirements. Requires recipients to maintain and provide to the Secretary standardized records of a sufficient number of individual participants to provide an adequate sample size to allow for preparation of natural estimates to meet specified requirements. Requires the Secretary, Inspector General, or Comptroller General to furnish States or SDAs which are going to be investigated with the monitoring guides to be used by reviewers (for audits other than the initial survey or one investigating possible criminal or fraudulent conduct). Requires States, administrative entities conducting the programs, and recipients (other than sub-recipients) to monitor the performance of service providers in complying with the agreements under JTPA. Revises requirements for information in reports. Directs the Secretary to ensure that all elements required for reports are defined and reported uniformly. Requires Governors to ensure that procedures are developed for retention of records for specified periods. Requires the head of the Directorate for Civil Rights in the Department of Labor to report annually on the administration and enforcement of nondiscrimination provisions. Authorizes appropriations to increase the number of Directorate personnel in order to prepare such reports. Subtitle C: Training Services for the Disadvantaged - Revises JTPA title II provisions for training services for the disadvantaged adults and youth. (Divides JTPA title II into: (1) part A, Adult Opportunity Program; (2) part B, Summer Youth Employment and Training Programs; and Part C, Youth Program.) Revises adult program allotment provisions to establish State set-asides for education, performance incentives, and auditing and administration. Allows individuals, whether employed or unemployed, to be eligible for adult program services as long as they are adults (age 22 through 72) who are economically disadvantaged. Requires that at least 60 percent of program participants in each SDA be individuals who, in addition to being economically disadvantaged adults, are in one or more of the following categories: (1) basic skills deficient; (2) school dropouts; (3) recipients of each cash welfare payments; (4) offenders; (5) individuals with disabilities; (6) homeless; (7) unemployed for the previous six months or longer; (8) limited-English proficient; or (9) in an additional category identified by an SDA and approved by the Governor and the Secretary. (Retains the current provisions that allow up to ten percent of program participants in an SDA not to be economically disadvantaged if they have encountered barriers to employment.) Allows for transfers of limited portions of funds among JTPA title II programs. Establishes adult program design requirments, including: (1) assessment of participants' skill levels and service needs; (2) development of service strategies to identify employment goals, appropriate achievement objectives, and appropriate services; (3) review of participant progress; and (4) if appropriate, basic and occupational skills training work experience be accompanied by other services designed to increase a participant's basic education or occupational skills. Allows an exception from such combination requirement only if: (1) the participant's assessment and service strategy indicate that the additional services are not appropriate; and (2) the activities are not available to the participant through the Employment Service or other public agencies. Allows continued provisions of counseling and supportive services to a participant for up to one year after termination from the program. Revises authorized services for which adult program funds may be used. Eliminates employment-generating activities from the list of such authorized services. Divides the lists of such services into direct training and training-related and supportive services. Authorizes State Governors, through agreements with various entities, to provide for job training and placement programs for older individuals (55 years of age and who are economically disadvantaged) for employment opportunities with private businesses, with such programs to be developed in conjunction with SDAs and consistent with SDA plans. Requires consideration to be given to assisting such programs involving training for jobs in growth industries and jobs reflecting the use of new technological skills. Requires Governors to: (1) coordinate delivery of such services with those under the Older Americans Act of 1965; and (2) give priority to service providers with demonstrated effectiveness in providing such services. Requires SDAs to link with: (1) other specified Federal programs; and (2) State, local, and private programs, as appropriate. Allows an SDA to transfer up to ten percent of adult program funds to the youth programs under certain conditions. Directs the Comptroller General to: (1) conduct a study to determine the number and percentage of adults assisted under JTPA title II part A provisions for disadvantaged adults that remain employed for at least nine months after receiving such assistance; and (2) report such study findings to appropriate congressional committees within three years. Revises part B provisions for summer youth employment and training programs to limit administrative costs to 15 percent. Requires SDAs to: (1) expend funds for basic and remedial education as described in the State job training plan (but allows such funds to be provided for the year-round youth employment and training program, the Job Corps, the JOBS program, alternative or secondary schools, or other employment and training programs); (2) assess participant skill levels and service needs and develop service strategy for participants; and (3) provide follow-up services for participants for whom a service strategy has been developed. Allows individual concurrent enrollment in such programs and in disadvantaged youth programs. Sets forth part C provisions for the disadvantaged youth programs. Revises allotment formulas to establish set-asides for State education coordination and grants. Revises eligibility requirements for in-school youth and out-of-school youth. Requires that at least 70 percent of the funds for in-school youth and for out-of-school youth, respectively, be used for participation of specified targeted groups (with provisions for additional categories). Requires the youth program to be conducted, and services made available during the year or on a multiyear basis as appropriate. Establishes year-round program design requirements, including: (1) assessment of participants' skill levels and service needs; (2) development of service strategies to identify achievement objectives, appropriate employment goals, and appropriate services; (3) review of participant progress; and (4) if appropriate, basic skills training, occupational skills training, pre-employment and work maturity skills training, work experience combined with skills training, and supportive services. Requires that work experience, job search, job search skills training, and job club activities be accompanied by additional services which: (1) are designed to increase a participant's basic education or occupational skills; and (2) may be provided, sequentially or concurrently, under other education and training programs. Allows continued provision of counseling and supportive services to a participant for up to one year after termination from the program. Requires SDAs to establish linkages with the appropriate educational agencies responsible for services to participants. Provides that authorized youth services may include, but need not be limited to, the services described under the headings of direct training, training related services, and participant support services under part A adult program provisions. Provides that additional authorized youth services may include specified features. Requires SDAs to link the youth program with: (1) other specified Federal education and training programs; and (2) as appropriate, State, local, and private programs. Allows an SDA to transfer up to ten percent of youth program funds to the adult program under certain conditions. Subtitle D: Special Programs - Provides, with respect to JTPA title III employment and training assistance for dislocated workers, that an eligible dislocated worker participating in training (except on-the-job training) shall be deemed to be in training with the approval of the State agency for purposes of unemployment compensation. Subtitle E: National Programs - Revises JTPA title IV part A employment and training programs for Native Americans and migrant and seasonal farmworkers. Includes references to American Samoans under such Native American programs. Directs the Secretary to: (1) designate a single organizational unit to have as its primary responsibility the administration of all Native American programs authorized under JTPA; and (2) promote recruitment and promotion of Indians, Alaska Natives, American Samoans, and Hawaiian Natives to positions in such unit. Establishes the Advisory Council on Native American Indian Job Training Programs. Revises the formulas for reservations of funds for Native American programs and for migrant and seasonal farmworker programs. Authorizes the Secretary to waive, under Native American programs and the migrant and seasonal farmworker programs, the requirement of biennial competition for grants for those grantees that: (1) have performed satisfactorily on their existing grant; and (2) submit a satisfactory two-year plan for the succeeding period. Requires JTPA grants for Native American programs and for migrant and seasonal farmworker programs to be consistent with specified standard competitive procurement procedures and auditing procedures. Amends JTPA title IV part B provisions for the Job Corps. Increases from ten to 20 percent the allowable number of nonresidential participants enrolled in the Job Corps in any year. Prohibits the Secretary from reducing the number of residential participants in Job Corps programs during any program year below the number during 1989 in order to increase the number of nonresidential participants. Revises JTPA title IV part D provisions for national activities. Sets forth provisions for training and information programs. Directs the Secretary to carry out specified staff training activities at national, regional, State, and local levels. Authorizes the Secretary to establish a clearinghouse to identify, develop, and disseminate innovative materials and successful program models, and to carry out other specified functions. Directs the Secretary to consult with the Secretaries of Education and of Health and Human Services to coordinate such clearinghouse activities with other relevant entities. Revises JTPA title IV part E provisions for the cooperative labor market information program. Authorizes the Secretary to engage in research, demonstration, or other activities (including ones that States may carry out) to determine the feasibility of various methods of organizing and making accessible nationwide information on the quarterly earnings for all individuals for whom such information is collected in the United States. Requires a report to the Congress on the findings resulting from such activities. Increases the annual amount of funds reserved for the National Occupational Information Coordinating Committee. Adds a new part H, Replication of Successful Programs, to JTPA title IV. Directs the Secretary to make competitive grants for replication of successful programs through the associated activities of: (1) public or private nonprofit organizations' technical assistance; and (2) State and SDA planning and program development. Establishes a new part I of JTPA title IV, the Fair Chance Youth Opportunities Unlimited Program. Authorizes the Secretary to establish such national program of Fair Chance Youth Opportunities Unlimited grants to pay 50 percent of the cost of comprehensive education, training, and employment services for youth in high poverty areas in urban and rural areas. Requires such grants to be awarded to the local service delivery area (on behalf of the participating community) in which the target area is located (or to designated grantees if the target area is a Native American Indian reservation or an Alaska Native village). Authorizes the Secretary to select as grant recipients up to 25 communities in the first fiscal year the program is authorized (and a total of 40 over the first five fiscal years). Makes such grants over a three-year period, with each year conditional upon compliance. Authorizes the Secretary to extend the renewal period for an additional two years. Authorizes participating communities to apply for grants for use on behalf of target areas. Requires that a designated target area have not more than 25,000 population, except in the case of single high school districts. Makes all youth aged 14 through 21 in the target area eligible to participate in assisted programs and activities. Requires each participating community to develop an integrated service delivery system in each target area which meets specified minimum criteria for services. Requires such program to also have an education component, outreach and recruitment efforts, youth program models, and measurable goals and outcomes. Sets forth requirements for maintenance of State and local funding levels, limitations on the use of program funds, applications, and Federal and local shares. Directs the Secretary to provide for technical assistance, independent evaluations, and a report. Subtitle F: General Provisions - Revises provisions for JTPA title V, Jobs for Employable Individuals Incentive Bonus Program. Grants each participating State a bonus for providing job training under JTPA to: (1) absent parents of children receiving aid to famiilies with dependent children (AFDC) under the Social Security Act, who subsequent to such training pay child support; and (2) blind or disabled individuals receiving supplemental security income (SSI) under the Social Security Act, who subsequent to such training are successfully placed in and retain employment. Makes the incentive bonus equal to the total, for up to two years after termination of the individuals from JTPA activities; (1) amounts of such child support paid by such absent parents; and (2) reduction in Federal contributions to the SSI amounts received by such blind or disabled individuals. Revises provisions for State use of such incentive bonus funds. Allows Job Corps centers (as well as SDAs) to make incentive payments to service providers. Extends to January 1, 1997, the deadline for the Secretary's report to the appropriate congressional committees on evaluation of the effectiveness of the incentive bonus program. Directs the Secretary to issue revised performance standards for the incentive bonus program pursuant to the amendment made by this Act. Directs the Secretary to provide guidance and technical assistance to States and SDAs relating to documentation required to verify the eligibility of participants under part A and B of title II of JTPA. Authorizes the Secretary to establish rules and procedures necessary for an orderly transition to programs established by, and implementation of, the amendments made by this title. Title II: State Human Resource Investment Councils - Directs each State receiving assistance under specified applicable Federal programs to establish a single State human resource investment council to: (1) review the provision of services and use of funds under applicable Federal human resource programs; (2) advise the Governor on methods of coordinating and using such services, funds, and resources, and on State and local standards and measures relating to such programs; (3) work cooperatively with the directors of the designated State units administering the State vocational rehabilitation programs and the directors of the State educational agencies to enhance employment and vocational education and training opportunities under applicable programs for individuals with disabilities; and (4) carry out a State Council's duties and functions as prescribed under applicable Federal law. Sets forth requirements for such State council's composition, including representation of business and industry, labor and community-based organizations, and State and local entities. Allows a State that receives financial assistance under an applicable program council to establish a consolidated council which shall have the authority and perform the duties, of a State council and an applicable program council. Makes conforming and technical amendments to the following Federal laws having applicable programs for purposes of such State human resource investment council: (1) the Adult Education Act; (2) the Carl D. Perkins Vocational and Applied Technology Education Act; (3) the JTPA; (4) the Wagner-Peyser Act; and (5) the JOBS program under AFDC provisions of the Social Security Act. Makes conforming and technical amendments to the following other Federal laws with reference to such State job training coordinating councils and such consolidated councils: (1) the Individuals with Disabilities Education Act; (2) the Education and Training for a Competitive America Act of 1988; (3) the Displaced Homemakers Self-Sufficiency Assistance Act; and (4) the National and Community Service Act of 1990. Title III: Nontraditional Employment for Women - Nontraditional Employment for Women Act - Amends JTPA to define "nontraditional employment," as applied to women, to refer to occupations or fields of work where women comprise less than 25 percent of the individuals employed. Requires service delivery area (SDA) job training plans to include: (1) goals for the training of women in nontraditional employment and the training-related placement of women in nontraditional employment and apprenticeship; (2) a description of efforts to be undertaken to accomplish such goals, including efforts to increase awareness of such training and placement opportunities; and (3) procedures for annual reporting of the extent to which the SDA has met such goals and of a statistical breakdown of women trained and placed in nontraditional occupations, including specified types of information. Requires the State Governor's coordination and special services plan also to include such goals and descriptions of efforts for the training and placement of women in nontraditional employment under JTPA and the Carl D. Perkins Vocational and Applied Technology Education Act. Directs the State job training coordinating council to: (1) review, summarize, and annually disseminate the results of SDAs' and Governor's efforts to train and place women in nontraditional employment; and (2) obtain from the sex equity coordinator under the Carl D. Perkins Vocational and Applied Technology Education Act a summary of activities and an analysis of results under that Act and disseminate such summary annually. Requires State education coordination grant recipients to provide statewide coordinated approaches, including model programs, to train, place, and retain women in nontraditional employment. Allows the use of funds under title II (Training Services for the Disadvantaged) of JTPA for outreach activities relating to education, training, work experience, and retention of women in nontraditional employment. Directs the Secretary of Labor to use a specified portion of funds for national activities under JTPA for FY 1992 through 1995 to make grants to States to develop demonstration and exemplary programs to train and place women in nontraditional employment. Limits such grants to no more than six per fiscal year. Allows States receiving such assistance to award grants to service providers and SDAs under specified conditions. Directs the Secretary of Labor to report, with recommendations, to the Congress within five years on the extent of success of States and SDAs, and the effectiveness of such demonstration programs, in training, placing, and retaining women in nontraditional employment. Declares that nothing in this Act shall be construed to mean that the Congress is taking a position on the issue of comparable worth. Provides that failure to meet the goals in this Act shall not itself constitute a violation of title VII of the Civil Rights Act of 1964 or any other Federal law prohibiting discrimination on the basis of race, color, religion, sex, national origin, handicap, or age.
Bill· SS. 2091 (102nd)referred
United States · United States Congress · 26 November 1991
Temporary Protected Status for Haitians Act of 1991 - Provides for temporary protected status for certain Haitian nationals. States that it is U.S. policy to strongly encourage members of the Organization of American States to protect Haitians who have fled their country.
Bill· HRH.R. 4008 (102nd)open
United States · United States Congress · 26 November 1991
Provides for temporary protected status for nationals of Yugoslavia.
Bill· HRH.R. 4007 (102nd)open
United States · United States Congress · 26 November 1991
Equity in Citizenship Act of 1991 - Amends the Immigration and Nationality Act to grant U.S. citizenship at birth to a person born before noon May 24, 1934, outside the limits and jurisdiction of the United States to an alien father and U.S. citizen mother who, prior to the birth of such person, had resided in the United States. Waives the physical U.S. presence requirements for a person claiming U.S. citizenship based upon descent from a person described above. Makes such provisions retroactive.
Bill· HRH.R. 4054 (102nd)referred
United States · United States Congress · 26 November 1991
Health Care Access and Security Act of 1991 - Title I: Improvements in Health Insurance Affordability for Small Employers - Amends the Internal Revenue code to raise from 25 to 100 percent the deduction allowed to self-employed individuals for health insurance premiums and makes the deduction permanent. Directs the Secretary of Health and Human Services (the Secretary) to make grants to States for the establishment and operation of small employer health insurance purchasing programs. Permits grant funds to be used to finance administrative costs associated with developing and operating a group purchasing program for small employers. Authorizes appropriations. Title II: Improvements in Health Insurance for Small Employers - Amends the Social Security Act to add a new title, Title XXI: Standards for Small Employer Health Insurance and Certification of Managed Care Plans. Directs the Secretary to request the National Association of Insurance Commissioners to develop model standards and regulations concerning requirements for health insurance plans for small employers. Requires such plans to provide for: (1) guaranteed eligibility; (2) guaranteed availability; and (3) guaranteed renewability. Prohibits: (1) an insurer from refusing to renew or terminate a plan, except for nonpayment of premiums, fraud, or failure to maintain minimum participation rates; and (2) for certain services, discrimination based on health status. Sets limits controlling the variation of premium charges permitted among all small employers insured by an insurer. Requires the full disclosure of an insurer's rating practices. Requires a health insurance plan for small employers to offer: (1) both a standard benefit package and basic benefit package; and (2) a managed care option, if the insurer also offers such an option to other employers. Provides, under both the standard and basic package, for coverage of: (1) inpatient and outpatient hospital care; (2) inpatient and outpatient physician services; (3) diagnostic tests; and (4) preventive services. Provides, in addition, under the standard plan: (1) for the coverage of certain mental health care; (2) that, except as specified, there will be no limits on the amount, scope, or duration of benefits, and (3) for specified limits on deductibles, copayment, coinsurance, and out-of-pocket expenses. Provides under the basic plan that: (1) premiums, deductibles, copayments, or other cost-sharing may be imposed; and (2) there shall be an out-of-pocket limit. Amends the Internal Revenue Code to impose an excise tax of 25 percent of gross premiums on the issuer of any health insurance plan to a small employer if the plan does not meet the requirements of title XXI. Sets forth study and reporting requirements. Title III: Improvements in Portability of Private Health Insurance - Imposes an excise tax of $100 per day, with respect to a covered individual, on a group health plan for its failure to provide coverage for a preexisting condition, subject to stated exceptions. Title IV: Health Care Cost Containment - Establishes a Health Care Cost Commission which shall report annually to the President and the Congress on national health care costs. Authorizes appropriations. Requires the Secretary of Health and Human Services, under title XXI of the Social Security Act, to establish a process for the certification of managed care plans and of utilization review programs. Sets forth requirements for certification. Amends the Public Health Service Act to direct the Administrator of the Agency for Health Care Policy and Research to develop outcomes research and practice parameters for mental health services, including at least the diagnosis and treatment of childhood attention deficit syndrome disorders and manic depression. Amends Part A (General Provisions) of title XI of the Social Security Act to authorize appropriations for research outcomes of health care services and procedures. Requires all Medicare carriers and intermediaries to accept electronic submission of claims in a specified uniform format. Title V: Malpractice Reform - Directs the Secretary of Health and Human Services to make grants to States for the implementation and evaluation of alternative dispute resolution systems (ADR). Sets forth eligibility requirements for States seeking such grants. Directs the Secretary to award not less than ten such grants each fiscal year, with exceptions. Requires the Secretary to: (1) designate each State receiving such a grant as a model ADR State (making such State eligible for a two-year extension); and (2) disseminate information on the ADR systems implemented by such States to other States, health care professionals and providers, and other interested parties. Directs the Secretary to: (1) develop and promulgate standards and regulations necessary to carry out the grant program, including qualification standards that States must meet to receive grants and regulations establishing State data gathering requirements; (2) take into account, in developing qualification standards, specified factors such as the effectiveness of such systems in supporting access to health care, encouraging improvements in the quality of care, resolving claims promptly, and providing predictable outcomes; (3) provide States with technical assistance; and (4) report to the Congress, within four years of the first grant, describing and evaluating the ADR systems implemented. Specifies that, with respect to any health care liability action brought in a Federal or State court and any medical malpractice claim or medical product liability claim subject to an ADR system: (1) no person may be required to pay more than $100,000 in a single payment in damages (whether for economic or non-economic losses) for expenses to be incurred in the future, but shall be permitted to make periodic payments (as determined by the court); (2) the total amount of damages that may be awarded to an individual and the family members of such individual for non-economic losses may not exceed $250,000; (3) the total amount of damages received by an individual shall be reduced by any other payment that has been or will be made to the individual to compensate such individual for the injury that was the subject of the action or claim; (4) a claimant's attorney's fees may not exceed 25 percent of the first $150,000 of any award or settlement, or 15 percent of any additional amounts, paid to the claimant; (5) the total amount of punitive damages that may be assessed may not exceed twice the total amount of the damages awarded to compensate the claimant for losses resulting from the injury; and (6) the liability of each defendant for non-economic losses shall be several only and not joint, and each defendant shall be liable only for the amount of non-economic losses allocated to the defendant in direct proportion to the defendant's percentage of responsibility. Establishes a two year statute of limitations for medical malpractice and product liability claims, beginning on the earlier of the date on which the injury that is the subject of the action was discovered or should reasonably have been discovered. Specifies that, in the case of a medical malpractice or product liability claim relating to services provided during labor or the delivery of a baby, if the claimant was not previously treated for the pregnancy by the defendant health care professional or provider a court may not find that the defendant committed malpractice and assess damages against the defendant unless the malpractice is proven by clear and convincing evidence. Bars a defendant from being found to have committed malpractice unless the defendant's conduct at the time of providing the health care services that are the subject of the action was not reasonable, except where the claimant asserts that the defendant is liable under a strict liability theory. Bars the award of punitive damages with respect to any medical product liability claim alleged against a medical product producer if the drug or device that is the subject of the claim: (1) was subject to approval or premarket approval under the Federal Food, Drug, and Cosmetic Act by the Food and Drug Administration (FDA) with respect to the safety or performance of the drug or device, or the adequacy of the packaging or labeling; (2) was approved by FDA; or (3) is generally recognized as safe and effective pursuant to conditions established by FDA and applicable regulations. Makes an exception in the case of withheld information, misrepresentation, or illegal payment to an FDA official for purposes of securing approval of the drug or device. Provides for a separate proceeding to determine punitive damages. Sets forth provisions with respect to: (1) the admissibility of evidence; and (2) criteria for determining the amount of punitive damages. Provides that the U.S. district courts shall not have jurisdiction over health care liability actions based on Federal questions or based on specified provisions concerning commerce and antitrust regulations. Specifies that these provisions preempt State law only to the extent that State law: (1) permits the recovery by a claimant or the assessment against a defendant of a greater amount of damages; (2) permits the awarding of a greater amount of attorneys' fees; (3) establishes a longer period during which medical malpractice or product liability claims may be initiated; or (4) establishes a less strict standard of proof for determining whether a defendant has committed malpractice than these provisions. Amends the Public Health Service Act to direct the Secretary to encourage the establishment of a nationwide risk retention group (RRG) for community and migrant health centers receiving assistance under such Act that meets specified requirements. Defines a RRG for purposes of these provisions as an entity defined in the Liability Risk Retention Act of 1986 that: (1) provides professional liability insurance and other types of profitable insurance approved for issuance by the Secretary to community and migrant health centers; (2) provides insurance that applies to all claims filed against a community or migrant health center after the entity initiates insurance coverage and to claims arising from acts that occurred prior to the initiation of coverage if the claims are not covered by other insurance; and (3) meets such other requirements as the Secretary may establish. Title VI: Incentives for Private Long-Term Care Coverage - Amends the Internal Revenue Code to provide for: (1) long-term care insurance contracts to be treated as accident or health insurance contracts; (2) amounts received under such contracts with respect to qualified long-term care services to be treated as amounts received for personal injuries or sickness; and (3) employer plans providing such services to be treated as an accident or health plan. Includes amounts paid for qualified long-term care services as medical expenses for individual itemized deductions. Excludes benefits received under such contracts from gross income. Provides for the treatment of prefunded post-retirement long-term care benefits plans in the same manner as prefunded post-retirement medical and life insurance benefit plans. Permits qualified long-term care insurance contracts to be offered in cafeteria plans (plans which offer two or more benefits). Allows the tax-free exchange of life insurance contracts for long-term care insurance contracts. Provides for the treatment of amounts paid to a terminally ill individual or one who is chronically ill and confined to a qualified facility as death benefits. Allows insurance companies to issue such accelerated death benefit riders on life insurance contracts. Declares that gross income does include excessive long-term care benefits.
Bill· HRH.R. 3962 (102nd)referred
United States · United States Congress · 26 November 1991
Au Pair Program Act of 1991 - Directs the Attorney General to establish an international cultural exchange program (au pair program) pursuant to specified provisions of the Immigration and Nationality Act. Amends such Act to include au pair program participants among the nonimmigrant classifications of temporary cultural exchange program participants.
Bill· HRH.R. 3951 (102nd)referred
United States · United States Congress · 26 November 1991
Comprehensive Health Care Access Improvement and Cost Containment Act of 1991 - Title I: Improving Access to Health Care - Amends the Internal Revenue Code to allow a tax credit for a percentage of qualified health insurance expenses for incomes of less than $40,000. Limits such credit to $2,500. Excludes Medicare payments and subsidized expenses from treatment as qualified expenses. Provides for the advance payment of such credit to eligible individuals. Coordinates such credit with the: (1) health insurance credit allowed in determining the earned income credit; (2) deductions for health insurance expenses of self-employed individuals; and (3) itemized deduction for medical and dental expenses. Directs the Secretary of the Treasury, in consultation with the Secretary of Health and Human Services (Secretary), to establish a public awareness program to inform the public of the availability of the credit for health insurance expenses. Increases the deductible for health insurance costs for self-employed individuals from 25 percent to 100 percent and makes such deduction permanent. (Currently, it expires December 31, 1991.) Amends the Employee Retirement Income Security Act of 1974 to prohibit the preemption of State mandated benefits. Directs the Secretary to request the National Association of Insurance Commissioners (Association) to develop a model set of regulations and laws to provide a uniform, low-cost, minimum insurance benefit package to include hospital, physician, primary care, preventive care and other selected services for purchase by individuals, businesses and governmental entities. Directs the Association to submit a copy of such model regulations and laws to specified congressional committees after the enactment of this Act. Provides that if the Association does not develop such a model set of regulations and laws, the Secretary shall develop such a model and submit a copy as required above. Amends title XIX (Block Grants) of the Public Health Service Act to add a new part D under which the Secretary shall allocate funds to States to pay for the Federal share of the costs of establishing qualified State uninsurable pool programs that provide health insurance for medically uninsurable individuals. Provides criminal penalties for false statements made in connection with the furnishing of items or services for which payment may be made by a State from funds allotted to the State under new part D. Authorizes appropriations to carry out new part D. Title II: Containing Costs of Health Care - Directs the Secretary to request the Association to develop a plan for standardizing public and private insurance forms. Directs the Association to submit a copy of the plan to specified congressional committees after the enactment of this Act. Provides that it shall not be considered a violation of the antitrust laws for hospitals to jointly undertake, in the provision of care, the purchasing, contracting for, or sharing of high technology services. Amends title VI (Assistance for Construction and Modernization of Hospitals and Other Medical Facilities) of the Public Health Service Act to add a new part D under which the Secretary shall establish and carry out demonstration projects to assist hospitals in acquiring and sharing high technology equipment and services. Authorizes appropriations to carry out such new part D. Title III: Medical Malpractice Reform - Directs the Secretary to conduct a study of resolving medical malpractice claims in the same manner provided for resolving worker's compensation claims. Requires a report to the Congress on such study. Directs the Secretary to provide for demonstration projects by States that seek to reduce infant mortality by improving access in urban and rural underserved areas to obstetric services for eligible pregnant women under title XIX (Medicaid) of the Social Security Act. Requires a report to the Congress on the demonstration projects carried out and on how project results may be used to implement programs to lower infant mortality and morbidity through improving the access of pregnant women to obstetric services in urban and rural underserved areas. Amends the Public Health Service Act to provide liability protections for certain health care professionals of community health centers, migrant health centers, and health centers for the homeless. Prohibits the Secretary from making or renewing grants to such centers unless they implement appropriate policies and procedures to assure against malpractice and have no history of having malpractice claims filed against them, or, if such a history exists, they have fully cooperated with the Attorney General in defending against any such claims and either have taken, or will take, such corrective steps to assure against such claims in the future. Directs the Secretary to develop and make available to the public each year a compendium of the various State initiatives undertaken to address the obstetric access crisis in urban and rural areas. Requires the Secretary to provide a grant to a public or private non-profit organization to conduct a study on the rate of medical malpractice actions or claims relating to obstetrical care for patients whose care is paid for by Medicaid as compared to those whose care is paid for by private insurance. Requires a report to the Congress on such study. Title IV: Encouraging Preventive Health Care - Amends title XVIII (Medicare) of the Social Security Act to provide coverage of a comprehensive health assessment and immunizations for prevention or treatment of infectious diseases. Amends the Public Health Service Act to provide additional authorization of appropriations for provision of education and information regarding cancer. Title V: Improving Long-Term Care for the Elderly - Subtitle A: Comprehensive Long-Term Care Services for Individuals With Alzheimer's Disease - Part I: Expanded Medicare Benefits - Amends the Medicare program to add a new part C under which is created a long-term care program for individuals with Alzheimer's Disease. Part II: Expanding Medicaid Buy-In - Amends the Medicaid program to provide for expanding Medicaid buy-in of Medicare cost-sharing to cover long-term care for individuals with Alzheimer's disease and additional indigent Medicare beneficiaries. Subtitle B: Tax Incentives to Promote Access to Long-Term Care - Amends the Internal Revenue Code to allow a deduction for qualified elderly care expenses to the extent such expenses exceed five percent of the taxpayer's adjusted gross income. Defines such expenses as non-compensated payments for in-home custodial care provided to a qualifying elderly individual. Describes such an individual as one who has attained 65 years of age and who is a parent, grandparent, or dependent of the taxpayer. Includes the rendering of medical services or goods by a physician or registered professional nurse as a charitable contribution and provides for valuation of such services or goods. Excludes from gross income distributions from individual retirement accounts or annuities to pay long-term care expenses or to purchase insurance covering such expenses.
Bill· HRH.R. 3920 (102nd)referred
United States · United States Congress · 25 November 1991
Primary Health Care Investment Act of 1991 - Amends the Public Health Service Act to authorize appropriations to carry out specified provisions relating to migrant and community health centers, the National Health Service Corps scholarship and loan repayment programs, and health services for the homeless. Amends provisions of title XVIII (Medicare) of the Social Security Act relating to payment to hospitals for inpatient services to modify requirements regarding the determination of approved FTE (Full-Time Equivalent) resident amounts.
Bill· HRH.R. 3923 (102nd)referred
United States · United States Congress · 25 November 1991
Small Business Health Care Reform Act of 1991 - Title I: Improvements in Health Insurance Affordability for Small Employers - Amends the Internal Revenue code to raise from 25 to 100 percent the deduction allowed to self-employed individuals for health insurance premiums and makes the deduction permanent. Directs the Secretary of Health and Human Services (the Secretary) to make grants to up to 15 States for the establishment and operation of small employer health insurance purchasing programs. Permits grant funds to be used to finance administrative costs associated with developing and operating a group purchasing program for small employers. Authorizes appropriations. Title II: Improvements in Health Insurance for Small Employers - Amends the Social Security Act to add a new title, Title XXI: Standards for Small Employer Health Insurance and Certification of Managed Care Plans. Directs the Secretary to develop standards concerning requirements for health insurance plans for small employers. Requires such plans to provide for: (1) guaranteed eligibility; (2) guaranteed availability; and (3) guaranteed renewability. Prohibits: (1) an insurer from refusing to renew or terminate a plan, except for nonpayment of premiums, fraud, or failure to maintain minimum participation rates; and (2) for certain services, discrimination based on health status. Sets limits controlling the variation of premium charges permitted among all small employers insured by an insurer. Requires the full disclosure of an insurer's rating practices. Requires a health insurance plan for small employers to offer: (1) both a standard benefit package and basic benefit package; and (2) a managed care option, if the insurer also offers such an option to other employers. Provides, under both the standard and basic package, for coverage of: (1) inpatient and outpatient hospital care; (2) inpatient and outpatient physician services; (3) diagnostic tests; and (4) preventive services. Provides, in addition, under the standard plan: (1) for the coverage of certain mental health care; (2) that, except as specified, there will be no limits on the amount, scope, or duration of benefits, and (3) for specified limits on deductibles, copayment, coinsurance, and out-of-pocket expenses. Provides under the basic plan that: (1) premiums, deductibles, copayments, or other cost-sharing may be imposed; and (2) there shall be an out-of-pocket limit. Amends the Internal Revenue Code to impose an excise tax of 25 percent of gross premiums on the issuer of any health insurance plan to a small employer if the plan does not meet the requirements of title XXI. Sets forth study and reporting requirements. Title III: Improvements in Portability of Private Health Insurance - Imposes an excise tax of $100 per day, with respect to a covered individual, on a group health plan for its failure to provide coverage for a preexisting condition, subject to stated exceptions. Title IV: Health Care Cost Containment - Establishes a Health Care Cost Commission which shall report annually to the President and the Congress on national health care costs. Authorizes appropriations. Requires the Secretary of Health and Human Services, under title XXI of the Social Security Act, to establish a process for the certification of managed care plans and of utilization review programs. Sets forth requirements for certification. Amends the Public Health Service Act to direct the Administrator of the Agency for Health Care Policy and Research to develop outcomes research and practice parameters for mental health services, including at least the diagnosis and treatment of childhood attention deficit syndrome disorders and manic depression. Amends Part A (General Provisions) of title XI of the Social Security Act to authorize appropriations for research outcomes of health care services and procedures. Mandates development of uniform claims forms for use by beneficiaries and health care providers in submitting claims under group health plans and titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act. 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; (2) reviewed the professional credentials, claims history, and other information regarding its licensed health care practitioners; and (3) no history of claims against it under such provisions relating to officers and employees of the Public Health Service, or has cooperated with the Attorney General in defending against such claims and has taken corrective action. Empowers the Attorney General, if certain conditions are met, to determine that an individual practitioner shall not be deemed a Public Health Service employee for purposes of these provisions. Prohibits hospitals from denying admitting privileges to an otherwise qualified health care provider who is an officer, employee, or contractor of such an entity. Title V: Medicare Prevention Benefits - Amends part B (Supplementary Medical Insurance Benefits for the Aged and Disabled) of title XVIII (Medicare) of the Social Security Act to establish frequency and payment limits for screening for fecal-occult blood tests and screening flexible sigmoidoscopies. Amends part C (Miscellaneous Provisions) of title XVIII to provide coverage for tetanus-diphtheria booster and its administration. Provides Medicare coverage for well-child services which is to include routine office visits, immunizations, laboratory tests, and preventive dental care. Expands the coverage of a screening mammography to provide for one such screening annually for all covered women over age 49. Directs the Secretary to establish and provide for a series of ongoing demonstration projects which provide coverage for specified preventive services, including: (1) glaucoma screening; (2) cholesterol screening; (3) osteoporosis screening and treatment; (4) screening services for pregnant women; (5) assessments for individuals beginning at age 65 or 75; and (6) other appropriate services. Authorizes appropriations. Directs the Director of the Office of Technology Assessment to study and report concerning the development of a process for the regular review for the consideration of coverage of preventive services under Medicare.
Bill· HRH.R. 3913 (102nd)referred
United States · United States Congress · 25 November 1991
Amends the Immigration Act of 1990 to set aside at least 14 percent of the visas available under the diversity transition program for nationals of a certain country.
Bill· SS. 2036 (102nd)referred
United States · United States Congress · 23 November 1991
Access to Health Care for All Americans Act of 1991 - Title I: Access and Affordability of Health Insurance for Small Employers - Amends the Internal Revenue Code to allow a deduction of 100 percent (currently, 25 percent) of the health insurance costs of self-employed individuals and to remove provisions terminating on a specified date the deductibility of such costs. Imposes a tax on insurers who fail to meet certain requirements regarding accident and health contracts for eligible small employers. Includes in those requirements issuance of contracts providing benefits identical to Medplan core benefits and contracts providing benefits identical to Medplan standard benefits. Sets forth pricing and marketing requirements. Requires that the contracts be guaranteed issue. Requires core and standard benefits to include: (1) inpatient and outpatient hospital services; (2) inpatient and outpatient surgical services; (3) inpatient and outpatient physicians' services; (4) diagnostic and screening services; (5) prenatal care; (6) ambulance services; and (7) durable medical equipment. Requires, in addition, that standard benefits include: (1) inpatient or outpatient treatment for a mental disorder; and (2) inpatient and outpatient treatment of a chemical dependency disorder. Limits deductibles, out-of-pocket expenses, and copayments. Requires guaranteed eligibility. Regulates preexisting condition limitations. Requires guaranteed renewability. Sets forth rating, disclosure, and recordkeeping requirements. Allows the Secretary of Health and Human Services to enter into an agreement with any State to apply State standards instead of the requirements of this Act if the Secretary determines that the State standards will carry out the purposes of this Act. Prohibits any such agreement from waiving the requirement of offering contracts with benefits identical to Medplan core benefits and contracts with benefits identical to Medplan standard benefits. Defines "eligible small employer" to mean those with between one and 50 employees. Preempts any provision of State law: (1) requiring any employer member of a qualified small employer purchasing group to offer any services, category of care, or services of any class or type of provider; (2) requiring any provider of insurance to pay a tax on premiums received from members of such a group; or (3) restricting certain aspects of managed care. Title II: Health Care Cost Control - Subtitle A: Encouraging Managed Care Plans - Mandates development of recommended standards regarding the benefits, coverage, and delivery systems provided under managed care plans, as well as the standards by which managed care entities operate. Establishes the Managed Care Advisory Committee. Preempts, with regard to managed care plans, provisions of State law relating to: (1) reimbursement rates or selective contracting; (2) differential financial incentives; (3) utilization review methods; or (4) benefits. Subtitle B: Medical Malpractice Reform - Chapter 1: Definitions and Findings - Sets forth definitions and findings with regard to this subtitle. Chapter 2: Expedited Medical Malpractice Settlements - Allows any claimant to bring a civil action for damages against a person for harm caused during the provision of medical care under State law, except as superseded by this chapter. Provides, in certain circumstances, for recovery of attorney's fees by the prevailing party if the opposing party failed to accept an offer of settlement. Chapter 3: Alternative Dispute Resolution Procedures - Establishes the Alternative Dispute Resolution Board of Advisors to advise the Secretary of Health and Human Services on the establishment of a model voluntary alternative dispute resolution (ADR) program. Mandates a program to encourage States to develop and implement voluntary ADR procedures that meet the requirements of this subtitle. Requires a State which does not adopt its own procedures to adopt the model system. Allows a claimant or defendant to offer to proceed with an ADR procedure. Requires assessment of attorney's fees and costs against a recipient of such an offer who refuses to proceed if the refusal was unreasonable or not in good faith. Creates a rebuttable presumption that the refusal was unreasonable and not in good faith. Chapter 4: Uniform Standards for Medical Malpractice Cases - Applies this chapter to any medical malpractice action in any Federal or State court and any medical malpractice claim resolved through an ADR system. Limits: (1) lump sum payments for future losses; (2) noneconomic damages; and (3) attorney's fees. Makes the liability of each defendant for noneconomic damages several and not joint. Sets forth time limits. Requires proof of malpractice by clear and convincing evidence in cases related to delivery of a baby when the health care professional did not previously provide prenatal care to the claimant (sometimes referred to as "drop in deliveries"). Chapter 5: Uniform Disciplinary Reforms - Requires States to comply with this chapter. Requires each State to: (1) allocate all fees for licensing or certification of each type of health care practitioner to the State agencies responsible for the conduct of licensing and disciplinary actions regarding that type of practitioner; and (2) allow the general public to be represented on State practitioner disciplinary boards. Prohibits monetary liability on the part of any individual serving on a State disciplinary board. Requires each State to: (1) have in effect a statewide risk management program; and (2) establish a health care disciplinary trust fund. Requires all punitive damages from all medical malpractice and medical products civil actions to be transferred to the fund. Mandates use of fund amounts to provide additional resources to the boards and to provide additional resources for State consumer protection activities. Chapter 6: Medical Products - Limits whether punitive damages, otherwise permitted by applicable law, may be awarded against a health care producer (defined as a designer, manufacturer, producer, or seller of a drug or device) in certain circumstances and, if so, specifies that specified evidence may be considered in determining the amount of the damages. Makes approval of a drug or device by the Food and Drug Administration an absolute defense to a claim of strict liability. Chapter 7: Community Health Centers - Amends the Public Health Service Act to mandate a grant to an entity that represents recipients of grants under provisions relating to migrant and community health centers for the establishment of a nationwide risk retention group as provided for in the Liability Risk Retention Act of 1986. Requires that all such centers become members in the group and purchase the professional liability insurance offered by the group. Authorizes appropriations to carry out provisions relating to the group. Requires amounts saved by centers as a result of the group to be used for additional services by the centers and to defend against medical malpractice claims arising from center services. Authorizes appropriations to carry out specified provisions relating to the centers. Chapter 8: Miscellaneous Provisions - Provides for severability and for compliance deadlines. Title III: Rural Health Improvement Initiatives - Amends title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services and the Prospective Payment Assessment Commission to each submit to the Congress a report recommending a methodology for the elimination of the system of determining separate average standardized amounts for hospitals in large urban, other urban, or rural areas. Amends the Public Health Service Act to modify priorities for awarding National Health Service Corps scholarship and loan repayment contracts. Amends the Internal Revenue Code to exclude from gross income repayment under the National Health Service Corps Loan Repayment Program. Amends the Public Health Service Act to authorize appropriations to carry out specified provisions relating to area health education centers. Authorizes competitive grants for networks among rural and urban health care providers to preserve and share health care resources and enhance the quality and availability of health care in rural areas. Allows the networks to be statewide or regional. Authorizes appropriations. Amends the Internal Revenue Code to allow a tax credit for certain health professionals providing services in rural health professional shortage areas during periods when they are not receiving scholarships or loan repayments under National Health Service Corps programs. Allows, with regard to elections to expense depreciable business assets, a higher aggregate cost to be taken into account for rural health care property in a rural health professional shortage area. Allows a deduction for a limited amount of the interest paid on medical education loans by an individual performing services under an agreement with an applicable rural community to perform professional services in the community. Authorizes use of the deduction in computing adjusted gross income. Amends the Public Health Service Act to authorize competitive grants for the development and implementation of a plan for mental health outreach programs in rural areas. Authorizes appropriations. Title IV: Improved Access to Long-Term Care - Subtitle A: Long-Term Care Insurance Promotion - Directs the Secretary of Health and Human Services to establish a procedure for the certification of health insurance policies for the elderly as meeting minimum standards and requirements, including: (1) meeting or exceeding the National Association of Insurance Commissioners Model Act Standards; (2) guaranteed renewability; (3) limited exclusion of preexisting conditions; (4) a specified period during which purchasers may rescind their purchase; and (5) simplified language. Mandates a study and report to the Congress on health insurance policies for the elderly. Amends the Internal Revenue Code to allow a credit for a percentage of qualified long-term care premiums paid. Mandates: (1) an agreement between the Secretary of the Treasury and each State for the advance payment to certain individuals of the tax credit in the form of certificates usable for the purchase of long-term care insurance; and (2) a program to inform the public of the availability of the credit and filing procedures. Excludes distributions from qualified retirement plans, when used by certain individuals to pay for long-term care insurance contracts, from provisions imposing an additional tax on early distributions from such plans. Prohibits recognizing a gain or loss from the exchange by certain individuals of a life insurance, endowment, or annuity contract for a long-term care insurance contract. Subtitle B: Other Provisions Relating to Long-Term Care - Amends the Internal Revenue Code to exclude from gross income any distribution from an individual retirement plan used to pay premiums for any qualified long-term health insurance policy. Requires any amount paid under a life insurance contract on the life of an insured who is terminally ill, has a dread disease, or has been permanently confined to a nursing home to be treated as an amount paid by reason of the death of the insured. Requires, for provisions relating to definitions and special rules involving life insurance companies, references to life insurance to be treated as including a reference to a terminal illness or dread disease rider, defined as a provision of a life insurance contract which provides for payments to or for the benefit of an insured upon the insured becoming a terminally ill individual or incurring a dread disease. Amends provisions defining "life insurance contract" to include a terminal illness or dread disease rider or any qualified long-term care rider in the definition of "qualified additional benefits."
Bill· SS. 2026 (102nd)referred
United States · United States Congress · 22 November 1991
Haitian Refugee Protection Act of 1991 - Directs the President to: (1) assure the protection of Haitian nationals under U.S. control; and (2) reallocate at least 2000 federally funded FY 1992 refugee admissions to Haiti. Provides for temporary protected status for certain Haitian nationals. Makes Haitian nationals who entered the United States as of the date of enactment of this Act eligible for assistance under the Refugee Education Assistance Act of 1980.
Bill· HRH.R. 3865 (102nd)open
United States · United States Congress · 22 November 1991
National Waste Reduction, Recycling, and Management Act - Amends the Solid Waste Disposal Act to authorize appropriations to carry out such Act for FY 1993 through 1998. Title I: State Solid Waste Management - Revises requirements for State solid waste management plans and establishes requirements for plan guidelines. Requires such plans to include: (1) an estimate of the capacity of the State to manage such waste; (2) an overall waste management strategy that covers the ten-year period beginning on the date of approval of a plan; (3) source reduction and recycling goals; (4) requirements for annual diversion away from disposal by combustion or landfilling of materials otherwise destined for disposal by such methods, with specified diversion rates for metals, glass, paper, plastics, and yard waste; (5) scrap tire requirements; (6) personnel training and public education; (7) requirements for the management of household hazardous waste, yard waste, and large household appliances; (8) actions to be taken to promote markets for recovered materials; (9) requirements for procurement of products made of recovered materials; (10) requirements for disclosure of costs of municipal solid waste management services to consumers; and (11) biennial reporting requirements. Repeals provisions concerning plan provisions for recycled oil. Sets forth submission, approval, and implementation procedures for State plans. Directs each State to identify the amounts and types of solid waste expected to be generated or transported in such State during the planning period. Provides for biennial updates of such inventory. Sets forth minimum requirements for scrap tire management under State solid waste management plans. Declares that plans must: (1) address the reduction and elimination of existing scrap tire piles that contain more than 3,000 tires; (2) address current and future disposal, recycling, recovery, and reuse of scrap tires; and (3) encourage the environmentally sound recycling of such tires through all available means. Prohibits: (1) the disposal of scrap tires in a landfill, monocell, or monofill, unless there is no reasonably available recycling alternative for such tires and such tires are shredded; (2) the operation of collection sites, except in compliance with specified regulations; (3) the storage of more than 3,000 scrap tires for more than 60 days at collection sites, unless necessary for further reuse, recovery, or recycling; and (4) the commingling of tires generated 18 months after this Act's enactment date with existing scrap tire piles. Requires the Administrator of the Environmental Protection Agency (EPA), together with the heads of appropriate Federal agencies, to: (1) determine the extent of scrap tire piles on Federal property; and (2) implement a plan for, and report to the Congress on, the abatement of such piles. Repeals a provision concerning grants for discarded tire disposal. Authorizes a State to collect fees on the combustion or disposal in a landfill of municipal solid waste generated in another State. Establishes maximum limits for such fees. Prohibits fees from being changed more often than once every two years. Terminates such authority if a State is not in compliance with an approved solid waste management plan. Requires States to distribute out-of-state waste differential funds in equal amounts to: (1) political subdivisions in whose jurisdictions the facilities which accept the waste are located; and (2) political subdivisions for carrying out municipal solid waste management programs. Defines "out-of-State waste differential funds" as funds collected that exceed the amount that would have been collected if the waste had originated in the State. Prohibits States or political subdivisions from restricting or imposing fees on the transportation, storage, recycling, treatment, or disposal of solid waste on the basis that the waste originates in or is transported from another State. Permits States or political subdivisions to petition a State to reduce or eliminate a fee. Grants congressional approval to interstate compacts for the management of municipal solid waste. Authorizes States to establish programs for inspecting shipments of municipal solid waste that originate in other States for ensuring that such shipments contain only municipal solid waste. Requires a State that exports at least 30 percent of the solid waste generated annually to implement the following: (1) permit requirements for facilities (transfer stations) that remove solid waste from collection vehicles and place the waste in other transportation units for delivery to other waste management facilities; (2) a requirement that waste exported from the State through transfer stations be accompanied by a manifest listing entities that generated the waste and a statement that the waste was inspected; and (3) inspection programs for such waste. Authorizes a State to deny entry of waste shipped from another State if the shipment is not accompanied by a manifest. Authorizes States that are not imposing fees on waste generated in other States to impose limitations on waste imported for combustion or disposal purposes. Declares that such a limitation shall be no less than the amount of: (1) imported waste being transported annually into the State, as of the date of decision to impose the limitation; or (2) such amount expressed as a percentage of the total amount of waste being combusted or disposed of in landfills annually, as of the date of such decision. Provides for resolution by the Administrator of disputes concerning such amounts. Authorizes States that impose the percentage limitation to require, as a condition of any facility operating permit, that the amount of waste generated outside the State and managed at the facility may not exceed the amount equal to multiplying the percentage of the limitation by the total amount of waste managed at the facility. Permits political subdivisions to elect not to participate in import limitations for facilities in their jurisdictions upon notification of the State Governor. Title II: Federal Solid Waste Management Requirements - Requires the Administrator to specify a schedule for the promulgation of regulations for solid waste categories other than those under this title for which regulations are necessary. Directs the Administrator to promulgate regulations for the management of ash from municipal waste combustion units. Requires landfills into which such ash is disposed to provide for groundwater monitoring and to have double liners with leachate collection systems above and between such liners and leak detection systems. Permits the placement of such ash into a monofill with groundwater monitoring, a leachate collection system, and a single composite liner designed to prevent the migration of any constituent. Authorizes alternative landfill design requirements if demonstrated that such design prevents the migration of hazardous constituents. Permits disposal of ash in sanitary landfills if the ash is tested and meets specified criteria. Directs the Administrator, in developing regulations for the management of such ash, to promulgate criteria and testing procedures for identifying characteristics of ash that may pose a hazard to human health or the environment. Provides for the testing of ash by ash management facilities when disposal of ash occurs in facilities with alternative designs or the ash is to be recycled or reused. Requires ash failing in any characteristic under criteria and testing procedures to be disposed of in a landfill or monofill meeting this title's requirements or to be treated. Directs the Administrator to validate criteria and testing procedures by conducting an analysis of leachate at facilities disposing of or reusing ash from municipal waste combustion units. Authorizes the Administrator to issue a corrective action order or commence a civil action when there has been a release of a hazardous constituent from a facility regulated under this title. Provides for civil penalties for noncompliance with orders. Permits States to submit programs for implementation and concurrent enforcement of this title's requirements to the Administrator. Authorizes the Administrator or States, under certain conditions, to grant variances from ash disposal requirements to owners or operators of municipal waste combustion units. Limits such variances to a specified time period. 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 prohibitions on scrap tire disposal in conformance with prohibitions set forth under title I for State solid waste management plans. Prohibits the operation of scrap tire monofills, except in compliance with this Act. Exempts specified persons from such prohibitions (except for disposal prohibitions) if no threat of an adverse health or environmental effect will result from the exemption. Authorizes the Administrator to impose alternative requirements as a condition for an exemption. Directs the Administrator to provide financial assistance to States for implementing scrap tire management requirements. Grants a preference for assistance to applicants who have shown progress in eliminating scrap tire piles. Permits States to apply for assistance in conjunction with neighboring States. Directs the Administrator to promulgate regulations to provide specifications for the quality and end uses of products made from: (1) mixed solid waste; and (2) compost made of yard trimmings, food scraps or food processing byproducts, specified nontoxic paper products soiled with food, or agricultural byproducts that have been separated from municipal solid waste at the source of generation. Requires the Administrator to promulgate standards for mixed municipal solid waste composting facilities. Directs States to issue permits to facilities in compliance with municipal solid waste management requirements. Prohibits the following activities, except in compliance with a permit: (1) the combustion of municipal solid waste; (2) the disposal of such waste in a landfill or the disposal of municipal solid waste combustor ash in a landfill or monofill; (3) the operation of a mixed municipal solid waste composting facility or of an intermediate processing or materials recovery facility; and (4) the operation of a scrap tire collection site or monofill. Directs States, as a condition of a permit, to require municipal waste combustion units and mixed municipal solid waste composting facilities to separate and prevent glass, metals, household hazardous waste, and other appropriate wastes from being accepted at such facilities. Requires States to provide regulatory authority to implement permit requirements. Provides that permits shall be for terms up to ten years. Authorizes the issuance of a single permit for a facility with multiple units. Requires facilities subject to permit requirements to pay annual fees to cover all State costs in administering the permit program. Sets forth requirements for the total amount of fees collected and calculations of fees. Authorizes States to promulgate regulations that provide that a class of facilities shall be deemed to be operating in compliance with a permit if the facilities will have minimal adverse health and environmental effects. Title III: Recycling - Permits packagers, effective December 31, 1995, to use only packages that: (1) are made of a material meeting a specified recovery rate by certain deadlines; (2) are made of materials that contain at least 25 percent, 35 percent, and 50 percent post-consumer material, effective December 31, 1995, December 31, 1998, and December 31, 2001, respectively; (3) are designed to be refilled or reused for their original purposes at least five times (requires 50 percent of packages produced to be returned for refilling or reuse); and (4) are reduced in volume or weight by specified percentages when compared to similar packages produced five years earlier. Provides that achievement of such a reduction shall qualify as compliance with packaging requirements for a period of five years. Requires the list of materials covered by such requirements to include, at a minimum, glass, metals, and plastic resins. Exempts from packaging requirements: (1) any part of a package used to provide tamper-resistant or -evident seals; (2) packages required by any Federal law or regulation related to health or safety; (3) any part of a package consisting of a flexible film which is in direct contact with food and is necessary to prevent spoilage; (4) packaging for drugs, drug products, or medical devices; and (5) packages determined by the Administrator to be de minimis. Directs packagers to submit annual certifications of compliance with packaging requirements to the Administrator with respect to each type of package used. Requires certificates to be submitted each time a package is reformulated or replaced. Requires paper manufacturers, no later than December 31, 1995, to ensure that specified types of paper are recovered, in the aggregate, at a rate of at least 40 percent. Directs the Administrator to establish a higher recovery rate for paper to be met no later than December 31, 2000. Authorizes the Administrator to establish recovery rates for additional materials. Sets forth reporting requirements for manufacturers of materials subject to recovery requirements. Directs the Administrator to complete a study to: (1) determine minimum content standards for paper products, products made from materials for which recovery rates are established, and products made from glass, metals, plastics, and rubber; and (2) analyze the manner in which compliance with such standards and with packaging requirements could be enforced for imports. Sets alternative minimum content standards for paper and other materials if recovery rates are not met. Prescribes monetary penalties for noncompliance with recovery rates or minimum content standards. Authorizes the Administrator, for any violation after a third violation of such standards or rates, to ban the sale in commerce of the concerned package or product. Provides for the use of penalties for technical assistance for solid waste management and resource recovery and conservation. Prohibits the intentional introduction of lead, cadmium, mercury, or hexavalent chromium into a package or packaging component during manufacturing or distribution. Sets forth the maximum allowable concentration level of the sum of such elements in packaging. Makes such regulations inapplicable (for a specified period) for packaging: (1) that was manufactured prior to the effective deadlines for maximum concentration levels; (2) to which lead, cadmium, mercury, or hexavalent chromium have been added to comply with Federal health or safety requirements or, because it is essential for the protection, safe handling, or function of the contents of the package, provided that the manufacturer, supplier, or distributor petitions EPA for the exemption; or (3) that would not exceed the maximum concentration levels but for the addition of post-consumer materials. Provides for the renewal of exemptions if the Administrator determines that a renewal is warranted. Requires packaging manufacturers or suppliers to furnish certificates of compliance with such requirements to the public, upon request. Prohibits: (1) the combustion of batteries or providing batteries as part of material to be composted at mixed municipal solid waste composting facilities; and (2) the disposal of lead-acid batteries, other than provided under the recycling requirements of this Act. Exempts from such prohibition the combustion, composting, or disposal of lead-acid batteries by owners or operators of municipal solid waste landfills, combustion units, composting facilities, or collection programs if such individuals: (1) inadvertently receive lead-acid batteries commingled with municipal solid waste that are not readily removable from the waste stream; (2) have established contractual requirements or other procedures to assure that such batteries are not received or accepted; and (3) are in compliance with applicable rules. Exempts small sealed consumer lead-acid batteries from such prohibition. Permits the disposal of lead-acid batteries only by delivery to retailers, wholesalers, or manufacturers of batteries of the same general type, regulated lead smelters or collection or recycling facilities, automotive dismantlers, or governmental curbside collection programs. Sets forth disposal requirements for such individuals. Prohibits battery retailers, wholesalers, and manufacturers from refusing to accept batteries of the same type as the batteries sold. Directs wholesalers to remove used batteries from the place of business of the retailer. Requires notices to be posted in battery retail establishments that: (1) state that it is illegal to throw away such batteries and that Federal law requires acceptance of batteries for recycling and the return of batteries to authorized collectors, recyclers, processors, or automotive dismantlers; and (2) encourage the recycling of used batteries. Prohibits the sale of lead-acid batteries unless such batteries bear a label that identifies that they contain lead and sets forth requirements for recycling and acceptance. Prohibits State or local governments from enforcing labeling requirements unless identical with this Act's requirements. Requires the Administrator to: (1) study and report to the Congress on the collection, storage, recycling, and disposal of small sealed consumer batteries (including lead-acid batteries); and (2) publish a rule to regulate the management of such batteries or a determination that regulations are not needed. Authorizes the export of lead-acid batteries for recycling. Revises provisions concerning Federal procurement of recycled goods. Repeals a provision which limits the applicability of Federal procurement regulations to procurement occurring after the effective date of enactment of such regulations. Sets forth requirements for agency procurement programs. Requires procuring agencies to eliminate from specifications for procurement items: (1) practices that discriminate against the use of recovered materials in procurement items; and (2) any disincentives to source reduction. Revises procurement guidelines to include within such guidelines a designation of items which have been reduced in weight or volume or which will result in a decrease in the generation of waste by the procuring agency. Directs the Administrator to revise procurement guidelines for paper and requires Federal compliance with such guidelines by January 1, 1997. Requires the Administrator, by specified deadlines, to prepare final guidelines for: (1) compost made from yard and other organic waste; (2) asphalt made with crushed glass; (3) lead-acid batteries; (4) rubberized asphalt; (5) items produced with recovered rubber, plastic, or metals; (6) additional paper products; and (7) products produced with fibers recovered from pulp and paper mill sludge. Sets forth reporting requirements for procuring agencies. Directs the Administrator to establish a clearinghouse within EPA to provide information about procurement of items produced with recovered materials. Requires the Secretary of Commerce to provide technical assistance to States and local governments for development of expertise in the marketing of recovered materials. Title IV: Underground Storage Tanks - Authorizes appropriations for the regulation of underground storage tanks for FY 1993 through 1998. Makes amounts in the Leaking Underground Storage Tank Trust Fund (established pursuant to the Superfund Amendments and Reauthorization Act of 1986) available for regulating such tanks under the Solid Waste Disposal Act. Prohibits more than 15 percent of the grants made after FY 1992 to States for underground storage tank release detection, prevention, and correction programs from being used by States to provide financial assistance to certain financially distressed petroleum tank owners. Title V: Other Provisions - Directs the Administrator to promulgate regulations containing standards and criteria for environmental marketing claims. Grants the Federal Trade Commission enforcement authority with respect to violations concerning such claims. Requires the Administrator to establish an Independent Advisory Board on Environmental Marketing Claims. Sets forth requirements with respect to claims of recycled content, recyclability, reusability, compostability, or degradability of a product. Provides for the triennial review, and revision, as necessary, of regulations. Permits interested persons to petition the Administrator to promulgate additional regulations. Prohibits the issuance of general environmental seals of approval unless such seals are awarded according to criteria and standards as stringent as those contained in the regulations. Directs the Administrator to conduct a public information and education campaign to enable consumers to: (1) distinguish regulated environmental marketing claims from other claims; (2) have information about the criteria and standards used by the Administrator; and (3) have a better understanding about the environmental effects of products and packages. Prohibits States or political subdivisions from enforcing standards or criteria with respect to such claims unless identical to those promulgated by the Administrator. Directs the Administrator to require plastic containers manufactured or offered for sale in the United States to be coded to identify the principal plastic resin used in such containers. Establishes a symbol and numbers identifying specific types of resins for such codes. Prohibits States or political subdivisions from enforcing requirements applicable to coding of plastic containers unless identical to those promulgated by the Administrator. Directs the Administrator to provide technical assistance to State and local governments for solid waste management and resource recovery and conservation. Retains the authority of States and political subdivisions to impose more stringent requirements pursuant to this Act. Requires solid waste facilities to grant access to EPA or State representatives for inspection purposes. Makes records obtained from such individuals available to the public, except those deemed as confidential. Prescribes penalties for willful disclosure of confidential records. Prescribes civil and criminal penalties for specified violations of this Act. Authorizes the Administrator to require owners or operators of facilities where the presence of waste presents a health or environmental hazard to conduct monitoring, testing, and analysis. Prescribes civil penalties for failures to comply with such requirements. Authorizes the Administrator to: (1) treat Indian tribes as States under the Solid Waste Disposal Act; (2) delegate primary enforcement authority for programs under such Act to Indian tribes; and (3) provide grant and contract assistance to tribes to carry out such Act. Sets forth conditions under which Indian tribes may be treated as States. Directs the Administrator to report to the Congress on: (1) recommendations for addressing hazardous and solid wastes and underground storage tanks within Indian country; (2) methods to maximize Indian participation in, and administration of, programs under such Act; and (3) the amount of assistance required and how the Administrator intends to provide such assistance to Indian tribes for the administration of such programs. Requires the Administrator to establish an inventory of: (1) sites within Indian country at which hazardous waste has been stored or disposed; and (2) open dumps within Indian country at which solid waste has been disposed. Directs the Administrator to assist Indian tribes in upgrading open dumps to comply with applicable requirements.
Bill· HRH.R. 3876 (102nd)open
United States · United States Congress · 22 November 1991
Central Valley Project Fish and Wildlife Act of 1991 - Title I: Central Valley Fish and Wildlife - Directs the Secretary of the Interior to: (1) develop, select, and implement specified actions with respect to fish and wildlife habitat issues in the California Central Valley; and (2) establish a Central Valley Project (CVP) Fish and Wildlife Advisory Committee (Committee) and a CVP Fish and Wildlife Task Force (Task Force). Includes among initial actions that the Secretary shall take by specified dates: (1) negotiation and execution of agreements with the California Department of Fish and Game (CDFG) to mitigate the direct fishery losses associated with the operation of the Tracy Pumping Plant and the Contra Costa Canal Pumping Plant numbered one and to eliminate, to the extent practical, losses of salmon and steelhead trout due to flow fluctuations caused by the operation of Keswick, Nimbus, and Lewiston Regulating Dams; (2) installation and operation of a structural temperature control device at Shasta Dam and development and implementation of modifications in CVP operations to allow for control of water temperatures in the upper Sacramento River sufficient to protect salmon; (3) rehabilitation and expansion of the Coleman National Fish Hatchery; (4) development and implementation of a gravel replenishment program to restore and replenish spawning gravel lost due to the construction and operation of Shasta, Folsom, and New Melones Dams, bank protection programs, and other actions that have reduced availability of spawning gravel in the upper Sacramento River and the American and Stanislaus Rivers; and (5) development and implementation of a Delta Cross Channel monitoring and operational program to protect striped bass eggs and larvae as they approach the Delta Cross Channel gates. Directs the Secretary to: (1) provide dependable water supplies of suitable quality to specified Central Valley wildlife refuges (refuges) until firm water supplies are available and provided (pursuant to agreements to be executed within one year after the enactment of this Act between the Secretary, the CDFG, and the Grasslands Resource Conservation District); (2) impose shortages, if the CVP cannot deliver a full supply in any water year to the refuges and the CVP contractors, on the CVP water provided to the refuges that are equal to those imposed on the nonwater rights CVP agricultural contractors; (3) implement actions authorized under this title without a reduction in the pumping or conveyance capacity, or both, needed to serve other CVP purposes; (4) encourage the conjunctive use of surface water and groundwater, and the multiple use of water supplies, as a means to facilitate the purposes of this title; and (5) establish a comprehensive assessment program to monitor fish and wildlife resources in the Central Valley and to assess the biological results of actions implemented pursuant to this title. Specifies that 51 percent of the cost of providing water to private refuges shall be paid for by such refuges, with the remainder allocated under this Act. Requires the Secretary to develop, evaluate, select, and implement, by specified dates, actions that address specified fish and wildlife protection, restoration, and enhancement issues, including: (1) developing and implementing programs to eliminate the need to reduce Keswick Dam releases every spring to place the Anderson-Cottonwood Irrigation District's Diversion Dam into operation and every fall to take the Dam out of operation to minimize fish passage problems for salmon at the CVP Red Bluff Diversion Dam and to augment natural production of salmon and steelhead trout population levels in the San Joaquin River system in above normal water years through means of artificial production; (2) constructing and operating a new satellite hatchery to augment the single and dual purpose channels at the Tehama Colusa Fish Facility and to further mitigate the impact of Shasta Dam on fishery resources; (3) constructing a salmon and steelhead trout hatchery on the Yuba River; (4) negotiating and executing an agreement with the CDFG that requires the release of the minimum flows necessary to take full advantage of the spawning, incubation, rearing, and outmigration potential of the upper Sacramento River and the Lower American River for salmon, subject to the physical capabilities of the CVP facilities involved; (5) providing flows to allow sufficient spawning, incubation, rearing, and outmigration conditions for salmon and steelhead trout from Whiskeytown Dam and a new fish ladder constructed at the McCormick-Saeltzer Dam; (6) evaluating and implementing a program to correct a defective fish screen at the Glenn-Colusa Irrigation District's Sacramento River diversion; (7) assisting in the funding of enforcement measures to reduce the numbers of striped bass illegally taken from the San Francisco Bay Estuary; (8) providing such assistance as may be requested by the State of California to develop and implement fishing regulations that protect the older more productive striped bass females in order to maintain a viable reproducing striped bass population; and (9) developing and implementing measures that will provide additional dependable water supplies of suitable quality. Directs: (1) the Administrator of the Environmental Protection Agency to expedite, and complete by December 31, 1995, efforts to clean up mines causing intermittent releases of lethal concentrations of dissolved metals from the Spring Creek Debris Dam; and (2) the Secretary, in the interim, to provide water from the Keswick Dam sufficient to dilute the Spring Creek Debris Dam discharges to concentration levels that allow survival of fish life below Keswick Dam, except when the U.S. Corps of Engineers flood control criteria for Shasta Dam limits that capability. Authorizes the Secretary to construct, in partnership with the State of California, a barrier at the head of Old River in the Sacramento-San Joaquin Delta by December 31, 1995, to partially mitigate the impact of the CVP and State Water project pumping plants in the south Sacramento-San Joaquin Delta on the survival of young outmigrating salmon that are diverted from the San Joaquin River to the pumps. Directs the Task Force to: (1) identify additional actions that would provide mitigation of CVP impacts on, protect, restore, and enhance, Central Valley fish and wildlife habitat; (2) develop the information needed to evaluate such actions technically, determine the economic and biological feasibility using specified criteria, determine appropriate cost allocations specific to each action, and select actions to recommend to the Congress for authorization to implement; and (3) report to the Congress according to a specified schedule until the year 2010 when the Task Force shall cease to exist. Sets forth fish and wildlife habitat issues to be evaluated by the Task Force, including: (1) determination of the flows and habitat restoration measures needed to protect, restore, and enhance salmon and steelhead trout in parts of the San Joaquin River; (2) investigation of actions allowing closure or screening of the Delta Cross Channel and Georgiana Slough to prevent the diversion of out-migrating salmon and steelhead trout through those facilities; (3) investigation of the need to expand or develop wildlife refuges in the Central Valley; (4) investigation of alternative means of improving the reliability of water supplies currently available to privately owned wetlands in the Central Valley; (5) as a means of increasing survival of migrating young fish, investigation of the feasibility of using short pulses of increased water flows to move salmon, steelhead trout, and striped bass into and through the Sacramento-San Joaquin Delta; (6) investigation of ways to maintain suitable temperatures for young salmon survival in the lower Sacramento River and in the Sacramento-San Joaquin Delta by controlling or relocating the discharge of irrigation return flows and sewage effluent; (7) investigation of the need for additional hatchery production to mitigate the impacts of water development on Central Valley fisheries where no other feasible means of mitigation is available or where hatchery production would enhance efforts to increase natural production of a particular species; (8) investigation of measures available to correct flow pattern problems in the Sacramento-San Joaquin Delta created by the operation of the CVP and the California State Water Project; (9) evaluation of measures to avoid unqualified losses of juvenile anadromous fish due to unscreened or inadequately screened diversions on the Sacramento and San Joaquin Rivers, their tributaries, and in the Sacramento-San Joaquin Delta; and (10) elimination of barriers to upstream migration of salmon and steelhead trout adults to spawning areas downstream of existing storage facilities in the Central Valley caused by agricultural diversions and other obstructions. Directs the Secretary, the Committee, and the Task Force to consider specified criteria and factors and issue findings thereon when determining which alternate program, policies, or procedures should be implemented to protect, restore, or enhance fish and wildlife conditions. Sets forth provisions with respect to: (1) cost allocations; (2) additional authorities; and (3) funding to carry out the purposes and provisions of this Act. Establishes the Committee and sets forth administrative provisions. Directs the Secretary to establish the Task Force. Sets forth provisions with respect to the selection of Task Force members and organization and operation of the Task Force. Title II: Water Transfers - Authorizes the Secretary, subject to specified limitations, to approve all transfer agreements: (1) among CVP contractors and between CVP contractors and noncontractors involving CVP water within the authorized CVP service area; (2) between CVP contractors and parties outside the CVP service area upon the determination that as a result of the proposed transaction over the term of the agreement there is no net export of water out of the CVP service area of the transferor; (3) between CVP water contractors and parties outside the CVP service area where the Secretary determines that as a result of the proposed transaction over the term of the agreement there will be a net export of water out of the service area of the transferor, provided that the water being transferred would not otherwise be available to other consumptive beneficial uses absent implementation of the program and that, over the term of the agreement in question, the transfer will have no significant, long-term adverse impact on groundwater conditions in the transferor's service area. Sets forth provisions with respect to: (1) transfers of water developed through temporary or permanent land fallowing; and (2) transfers outside the CVP service area during certain critical years. Specifies that: (1) all existing and future contracts for CVP water shall be deemed to allow for the transfers and exchanges provided for within this title; (2) all CVP contractors who are parties to a long-term transfer or exchange contract shall be entitled to renew its water contract for, at a minimum, a term equal to the remaining term of the transfer or exchange agreement at the time that the underlying contract is to be renewed; and (3) specified agreements entered into under this title shall provide that, during the years of actual transfer, CVP water subject to transfer shall be repayed at full cost. Title III: Water Conservation - Requires all existing CVP agricultural contractors, within two years after the enactment of this Act, to submit a report to the Secretary which identifies water conservation practicies and analyzes the costs and benefits to that entity and its customers of implementing each of such practices and any additional practices the Secretary determines should be analyzed. Requires all CVP agricultural contractors to develop a plan for implementation of such practices determined by the entity within the required water conservation report to be financially and otherwise feasible for the specific entity. Requires the entity to complete the plan for implementation within one year after completion of such report. Specifies that financially feasible conservation practices that will cause environmental harm or that are inconsistent with other legal requirements shall not be required to be implemented. Establishes a Water Conservation Incentive Program which shall be administered by the Secretary to encourage and assist with the on-farm implementation of the water conservation practices set forth in this title. Directs the Secretary to: (1) require all CVP municipal and industrial water users, to the extent they provide retail, municipal, and industrial water service, to comply with the provisions of a specified memorandum regarding urban water conservation in California. Requires the Secretary to evaluate the benefits and cost analysis for each of the water conservation practices found by the specific water user preparing the required reports not to be feasible and to determine: (1) which practices would make additional water available to Central Valley streams or to a usable ground water basin that would not otherwise be available; and (2) for each of specified practices, the benefit/cost ratio of implementation if that water were used to fulfill wildlife refuge water supply obligation or made available to other water agencies through the transfer provisions established by this Act. Authorizes the Secretary to implement those water conservation practices identified which conserve water, are economically feasible, and are prudent, with the entity holding the contractual right to the water conserved and then make that water available for use by Central Valley refuges as required by provisions of this Act, subject to specified requirements.
Bill· HRH.R. 3871 (102nd)referred
United States · United States Congress · 22 November 1991
Chinese Protection Act of 1991 - Provides for the adjustment to permanent resident status of certain nationals of the People's Republic of China.
Bill· HRH.R. 3873 (102nd)referred
United States · United States Congress · 22 November 1991
States it shall be U.S. policy that: (1) President Aristide should be reinstated as President of Haiti; (2) the United States will coordinate with the Organization of American States to implement the Haitian trade embargo; and (3) humanitarian assistance to Haitians will be extended and their forced repatriation will cease. Provides for temporary protected status for certain Haitian nationals. Directs the President to notify Haiti of U.S. intentions to terminate the migrant interdiction agreement between the two countries.
Bill· SS. 2010 (102nd)referred
United States · United States Congress · 21 November 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. 2016 (102nd)referred
United States · United States Congress · 21 November 1991
Central Valley Project Fish and Wildlife Act of 1991 - Title I: Central Valley Fish and Wildlife - Directs the Secretary of the Interior to: (1) develop, select, and implement specified actions with respect to fish and wildlife habitat issues in the California Central Valley; and (2) establish a Central Valley Project (CVP) Fish and Wildlife Advisory Committee (Committee) and a CVP Fish and Wildlife Task Force (Task Force). Includes among initial actions that the Secretary shall take by specified dates: (1) negotiation and execution of agreements with the California Department of Fish and Game (CDFG) to mitigate the direct fishery losses associated with the operation of the Tracy Pumping Plant and the Contra Costa Canal Pumping Plant numbered one and to eliminate, to the extent practical, losses of salmon and steelhead trout due to flow fluctuations caused by the operation of Keswick, Nimbus, and Lewiston Regulating Dams; (2) installation and operation of a structural temperature control device at Shasta Dam and development and implementation of modifications in CVP operations to allow for control of water temperatures in the upper Sacramento River sufficient to protect salmon; (3) rehabilitation and expansion of the Coleman National Fish Hatchery; (4) development and implementation of a gravel replenishment program to restore and replenish spawning gravel lost due to the construction and operation of Shasta, Folsom, and New Melones Dams, bank protection programs, and other actions that have reduced availability of spawning gravel in the upper Sacramento River and the American and Stanislaus Rivers; and (5) development and implementation of a Delta Cross Channel monitoring and operational program to protect striped bass eggs and larvae as they approach the Delta Cross Channel gates. Directs the Secretary to: (1) provide dependable water supplies of suitable quality to specified Central Valley wildlife refuges (refuges) until firm water supplies are available and provided (pursuant to agreements to be executed within one year after the enactment of this Act between the Secretary, the CDFG, and the Grasslands Resource Conservation District); (2) impose shortages, if the CVP cannot deliver a full supply in any water year to the refuges and the CVP contractors, on the CVP water provided to the refuges that are equal to those imposed on the nonwater rights CVP agricultural contractors; (3) implement actions authorized under this title without a reduction in the pumping or conveyance capacity, or both, needed to serve other CVP purposes; (4) encourage the conjunctive use of surface water and groundwater, and the multiple use of water supplies, as a means to facilitate the purposes of this title; and (5) establish a comprehensive assessment program to monitor fish and wildlife resources in the Central Valley and to assess the biological results of actions implemented pursuant to this title. Provides that 51 percent of the cost of providing water to private refuges shall be paid for by such refuges, with the remainder allocated under this Act. Requires the Secretary to develop, evaluate, select, and implement, by specified dates, actions that address specified fish and wildlife protection, restoration, and enhancement issues, including: (1) developing and implementing programs to eliminate the need to reduce Keswick Dam releases every Spring to place the Anderson-Cottonwood Irrigation District's Diversion Dam into operation and every Fall to take the Dam out of operation to minimize fish passage problems for salmon at the CVP Red Bluff Diversion Dam and to augment natural production of salmon and steelhead trout population levels in the San Joaquin River system in above-normal water years through means of artificial production; (2) constructing and operating a new satellite hatchery to augment the single and dual purpose channels at the Tehama Colusa Fish Facility and to further mitigate the impact of Shasta Dam on fishery resources; (3) constructing a salmon and steelhead trout hatchery on the Yuba River; (4) negotiating and executing an agreement with the CDFG that requires the release of the minimum flows necessary to take full advantage of the spawning, incubation, rearing, and outmigation potential of the upper Sacramento River and the Lower American River for salmon, subject to the physical capabilities of the CVP facilities involved; (5) providing flows to allow sufficient spawning, incubation, rearing, and outmigration conditions for salmon and steelhead trout from Whiskeytown Dam and a new fish ladder constructed at the McCormick-Saeltzer Dam; (6) evaluating and implementing a program to correct a defective fish screen at the Glenn-Colusa Irrigation District's Sacramento River diversion; (7) assisting in the funding of enforcement measures to reduce the numbers of striped bass illegally taken from the San Francisco Bay Estuary; (8) providing such assistance as may be requested by the State of California to develop and implement fishing regulations that protect the older, more productive striped bass females in order to maintain a viable reproducing striped bass population; and (9) developing and implementing measures that will provide additional dependable water supplies of suitable quality. Directs: (1) the Administrator of the Environmental Protection Agency to expedite, and complete by December 31, 1995, efforts to clean up mines causing intermittent releases of lethal concentrations of dissolved metals from the Spring Creek Debris Dam; and (2) the Secretary, in the interim, to provide water from the Keswick Dam sufficient to dilute the Spring Creek Debris Dam discharges to concentration levels that allow survival of fish life below Keswick Dam, except when the U.S. Corps of Engineers flood control criteria for Shasta Dam limits that capability. Authorizes the Secretary to construct, in partnership with the State of California, a barrier at the head of Old River in the Sacramento-San Joaquin Delta by December 31, 1995, to partially mitigate the impact of the CVP and State Water project pumping plants in the south Sacramento-San Joaquin Delta on the survival of young outmigrating salmon that are diverted from the San Joaquin River to the pumps. Directs the Task Force to: (1) identify additional actions that would provide mitigation of CVP impacts on, protect, restore, and enhance, Central Valley fish and wildlife habitat; (2) develop the information needed to evaluate such actions technically, determine the economic and biological feasibility using specified criteria, determine appropriate cost allocations specific to each action, and select actions to recommend to the Congress for authorization to implement; and (3) report to the Congress according to a specified schedule until the year 2010 when the Task Force shall cease to exist. Sets forth fish and wildlife habitat issues to be evaluated by the Task Force, including: (1) determination of the flows and habitat restoration measures needed to protect, restore, and enhance salmon and steelhead trout in parts of the San Joaquin River; (2) investigation of actions allowing closure or screening of the Delta Cross Channel and Georgiana Slough to prevent the diversion of out-migrating salmon and steelhead trout through those facilities; (3) investigation of the need to expand or develop wildlife refuges in the Central Valley; (4) investigation of alternative means of improving the reliability of water supplies currently available to privately-owned wetlands in the Central Valley; (5) as a means of increasing survival of migrating young fish, investigation of the feasibility of using short pulses of increased water flows to move salmon, steelhead trout, and striped bass into and through the Sacramento-San Joaquin Delta; (6) investigation of ways to maintain suitable temperatures for young salmon survival in the lower Sacramento River and in the Sacramento-San Joaquin Delta by controlling or relocating the discharge of irrigation return flows and sewage effluent; (7) investigation of the need for additional hatchery production to mitigate the impacts of water development on Central Valley fisheries where no other feasible means of mitigation is available or where hatchery production would enhance efforts to increase natural production of a particular species; (8) investigation of measures available to correct flow pattern problems in the Sacramento-San Joaquin Delta created by the operation of the CVP and the California State Water Project; (9) evaluation of measures to avoid unqualified losses of juvenile anadromous fish due to unscreened or inadequately screened diversions on the Sacramento and San Joaquin Rivers, their tributaries, and in the Sacramento-San Joaquin Delta; and (10) elimination of barriers to upstream migration of salmon and steelhead trout adults to spawning areas downstream of existing storage facilities in the Central Valley caused by agricultural diversions and other obstructions. Directs the Secretary, the Committee, and the Task Force to consider specified criteria and factors and issue findings thereon when determining which alternate programs, policies, or procedures should be implemented to protect, restore, or enhance fish and wildlife conditions. Sets forth provisions with respect to: (1) cost allocations; (2) additional authorities; and (3) funding to carry out the purposes and provisions of this Act. Establishes the Committee and sets forth administrative provisions. Directs the Secretary to establish the Task Force. Sets forth provisions with respect to the selection of Task Force members and organization and operation of the Task Force. Title II: Water Transfers - Authorizes the Secretary, subject to specified limitations, to approve all transfer agreements: (1) among CVP contractors and between CVP contractors and noncontractors involving CVP water within the authorized CVP service area; (2) between CVP contractors and parties outside the CVP service area upon the determination that as a result of the proposed transaction over the term of the agreement there is no net export of water out of the CVP service area of the transferor; (3) between CVP water contractors and parties outside the CVP service area where the Secretary determines that as a result of the proposed transaction over the term of the agreement there will be a net export of water out of the service area of the transferor, provided that the water being transferred would not otherwise be available to other consumptive beneficial uses absent implementation of the program and that, over the term of the agreement in question, the transfer will have no significant, long-term adverse impact on groundwater conditions in the transferor's service area. Sets forth provisions with respect to: (1) transfers of water developed through temporary or permanent land; and (2) transfers outside the CVP service area during certain critical years. Specifies that: (1) all existing and future contracts for CVP water shall be deemed to allow for the transfers and exchanges provided for within this title; (2) all CVP contractors who are parties to a long-term transfer or exchange contract shall be entitled to renew its water contract for, at a minimum, a term equal to the remaining term of the transfer or exchange agreement at the time that the underlying contract is to be renewed; and (3) specified agreements entered into under this title shall provide that, during the years of actual transfer, CVP water subject to transfer shall be repayed at full cost. Title III: Water Conservation - Requires all existing CVP agricultural contractors, within two years after the enactment of this Act, to submit a report to the Secretary which identifies water conservation practicies and analyzes the cost and benefits to that entity and its customers of implementing each of such practices and any additional practices the Secretary determines should be analyzed. Requires all CVP agricultural contractors to develop a plan for implementation of such practices determined by the entity within the required water conservation report to be financially and otherwise feasible for the specific entity. Requires the entity to complete the plan for implementation within one year after completion of such report. Specifies that financially feasible conservation practices that will cause environmental harm or that are inconsistent with other legal requirements shall not be required to be implemented. Establishes a Water Conservation Incentive Program which shall be administered by the Secretary to encourage and assist with the on-farm implementation of the water conservation practices set forth in this title. Directs the Secretary to: (1) require all CVP municipal and industrial water users, to the extent they provide retail, municipal, and industrial water service, to comply with the provisions of a specified memorandum regarding urban water conservation in California. Requires the Secretary to evaluate the benefits and cost analysis for each of the water conservation practices found by the specific water user preparing the required reports not to be feasible and to determine: (1) which practices would make additional water available to Central Valley streams or to a usable ground water basin that would not otherwise be available; and (2) for each of specified practices, the benefit/cost ratio of implementation if that water were used to fulfill wildlife refuge water supply obligations or made available to other water agencies through the transfer provisions established by this Act. Authorizes the Secretary to implement those water conservation practices identified which conserve water, are economically feasible, and are prudent, with the entity holding the contractual right to the water conserved and then make that water available for use by Central Valley refuges as required by provisions of this Act, subject to specified requirements.
Bill· HRH.R. 3844 (102nd)open
United States · United States Congress · 21 November 1991
Haitian Refugee Protection Act of 1991 - Directs the President to: (1) assure the protection of Haitian nationals under U.S. control; and (2) reallocate at least 2000 federally funded FY 1992 refugee admissions to Haiti. Provides for temporary protected status for certain Haitian nationals.
Law· HRH.R. 3839 (102nd)enacted
United States · United States Congress · 21 November 1991
Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 1992 - Title I: Department of Labor - Department of Labor Appropriations Act, 1992 - Makes appropriations for FY 1992 for the following agencies within the Department of Labor: (1) Employment and Training Administration; (2) Labor-Management Services; (3) Pension Benefit Guaranty Corporation; (4) Employment Standards Administration; (5) Occupational Safety and Health Administration; (6) Mine Safety and Health Administration; (7) Bureau of Labor Statistics; and (8) departmental management. Prohibits the use of funds to grant variances, interim orders, or letters of clarification to employers which will allow exposure of workers to chemicals or other workplace hazards in excess of existing Occupational Safety and Health Administration standards for the purpose of conducting experiments on workers' health and safety. Directs the Secretary of Labor, acting under the Occupational Safety and Health Act of 1970, to promulgate a final occupational health standard concerning occupational exposure to bloodborne pathogens. Requires the final standard to be based on the proposed standard concerning occupational exposures to the hepatitis B virus, the human immunodeficiency virus and other bloodborne pathogens. Title II: Department of Health and Human Services - Department of Health and Human Services Appropriations Act, 1992 - Makes appropriations for FY 1992 for the following agencies within the Department of Health and Human Services: (1) Health Resources and Services Administration; (2) Centers for Disease Control; (3) National Institutes of Health; (4) Alcohol, Drug Abuse, and Mental Health Administration; (5) Assistant Secretary for Health; (6) Agency for Health Care Policy and Research; (7) Health Care Financing Administration; (8) Social Security Administration; (9) Administration for Children and Families; (10) Human Development Services; and (11) Office of the Secretary. Directs the Secretary of Health and Human Services to make available through assignment not more than 60 employees of the Public Health Service to assist in child survival activities and to work in AIDS programs through and with funds provided by the Agency for International Development, the United Nations International Children's Emergency Fund, or the World Health Organization. Prohibits the use of funds to pay for any experiment, or other activity that presents a danger to the physical, mental, or emotional well-being of a human participant or subject without written, informed consent of the participant or subject (or their parents or legal guardian, if they are under 18 years old). Prohibits any of the funds appropriated in this title for the National Institutes of Health and the Alcohol, Drug Abuse, and Mental Health Administration from being used to pay the salary of an individual, through a grant or extramural mechanism, at a rate in excess of $125,000 per year. Prohibits the use of funds by the National Institutes of Health, or any other Federal agency, or recipient of Federal funds on any project that entails the capture or procurement of chimpanzees obtained from the wild. Makes funds available to the Office of the Director, National Institutes of Health (NIH) for extramural facilities construction grants if awarded competitively. Authorizes the Director to make available one percent of all NIH appropriations to high-priority activities. Prohibits such appropriations from being increased or decreased by more than the one percent by such transfers. Requires the Secretary of Health and Human Services to determine quarterly the extent to which contingency funds may be necessary for management of certain social security hospital and medical insurance trust funds. Prohibits the use of funds to perform abortions except where the life of the mother would be endangered if the fetus were carried to term. Reduces travel expenses for the Department and requires reduction for travel costs to be from amounts set forth in budget estimates submitted for appropriations. Permits the Director of NIH to transfer a portion of funds which become available on September 30, 1992, to other Institutes for cancer research if deemed appropriate. Directs the National Cancer Institute to establish a Matsunaga-Conte Prostate Cancer Research Center with funds provided under this Act. Prohibits the use of funds to conduct the SHARP survey of adult sexual behavior and the American Teenage Survey of adolescent sexual behavior. Provides additional funding for the National Institute on Aging. Permits the Director of NIH to transfer a portion of such funds as deemed appropriate to other Institutes for research directly related to Alzhelimer's disease. Makes funds available for information resource management. Reduces funds appropriated for the Office of Inspector General. Extends the moratorium against foster care cuts resulting from Federal compliance rules. Amends the Public Health Service Act to increase the number of board members of the National Foundation for Biomedical Research. Title III: Department of Education - Department of Education Appropriations Act, 1992 - Makes appropriations for FY 1992 for the following purposes and agencies within the Department of Education: (1) compensatory education for the disadvantaged; (2) impact aid; (3) school improvement programs; (4) bilingual and immigrant education; (5) educational excellence; (6) rehabilitation services and handicapped disability research including the Helen Keller National Center); (7) special institutions for persons with disabilities including the American Printing House for the Blind, the National Technical Institute for the Deaf, and Gallaudet University; (8) vocational and adult education; (9) student financial assistance; (10) guaranteed student loans (liquidation of contract authority); (11) higher education; (12) Howard University; (13) higher education facilities loans; (14) college housing and academic facilities loans; (15) education research, statistics, and improvement; (16) libraries; (17) departmental management; and (18) special education. Sets forth general provisions relating to auditing of certain institutions and to prohibitions on use of funds for certain forms of busing, other transportation, or transfers of students for purposes of desegregation. Prohibits the use of funds to prevent the implementation of programs of voluntary prayer and meditation in the public schools. Makes funds available for civic education programs and emergency grants. Provides for the transfer of educational excellence funds to the Community and Migrant Health Centers program, Comprehensive Child Development Centers, and new America 2000 educational excellence activities, if enacted into law. Provides that the deadline for enacting new authorization for the America 2000 initiatives may be delayed until April 1, 1992, if it is determined that sufficient progress is being made towards final approval of such legislation, except that this delay does not apply to programs administered by Department of Health and Human Services. Makes funds available for tribally controlled postsecondary vocational institutions. Makes funds available for the college housing and academic facilities loans program. Makes funds available the National Clearinghouse for Science and Mathematics, regional consortia, star schools, and territorial teacher training. Makes funds available for a biotechnology information education demonstration project under the Higher Education Act. Amends the Higher Education Act of 1965 to authorize the Commission on Responsibility for Financing Post-Secondary Education to accept, use, and dispose of money, gifts or donations of services or property. Title IV: Related Agencies - Makes appropriations for FY 1991 for the following agencies: (1) ACTION; (2) Corporation for Public Broadcasting; (3) Federal Mediation and Conciliation Service; (4) Federal Mine Safety and Health Review Commission; (5) National Commission on Acquired Immune Deficiency Syndrome; (6) National Commission on Libraries and Information Science; (7) National Commission to Prevent Infant Mortality; (8) National Council on Disability; (9) National Labor Relations Board; (10) National Mediation Board; (11) Occupational Safety and Health Review Commission; (12) Physician Payment Review Commission; (13) Prospective Payment Assessment Commission; (14) Railroad Retirement Board; (15) United States Institute of Peace; (16) Soldiers' and Airmen's Home; (17) United States Naval Home; and (18) the National Commission on Children. Title V: General Provisions - Prohbits the use of funds to pay student assistance or any remuneration to an applicant for admission, student, teacher, or other employee of an institution of higher education if such individual has engaged in conduct on or after August 1, 1969, which involves the use of force (or assistance to others in such use) or the threat of force or the seizure of a property under the control of an institution of higher education, to require or prevent the availability of certain curricula, or to prevent such institution's faculty, administrative officials, or students from engaging in their duties or pursuing their studies. Requires that sums necessary for FY 1992 pay raises for programs funded by this Act be absorbed within the levels appropriated in this Act. Reduces funds appropriated under this Act for salaries and expenses, including certain travel costs. Appropriates additional funds for the Occupational Safety and Health Review Commission and the Federal Mines Safety and Health Review Commission for salaries and expenses. Delays the obligations of funds under the Child Care and Development Block Grant Act until September 30, 1992.
Bill· SS. 1995 (102nd)referred
United States · United States Congress · 20 November 1991
Health Care Access and Affordability Act of 1991 - Title I: Access to Primary and Preventive Care - Amends the Public Health Service Act to reauthorize appropriations through FY 1996 for the following programs: (1) immunization programs; (2) tuberculosis prevention grants; (3) lead poisoning prevention; (4) prevention and control of sexually transmitted diseases; (5) migrant health centers; (6) community health centers; (7) health care services for the homeless; (8) substance abuse prevention program; (9) family planning project grants; (10) breast and cervical cancer prevention; (11) preventive health and health services block grant; and (12) HIV (human immunodeficiency virus) early intervention. Amends the Social Security Act to reauthorize appropriations for maternal and child health services block grants through FY 1997. Title II: Cost Containment - Amends the Public Health Service Act to authorize the Director of the National Institutes of Health (NIH) to establish and implement a program for the conduct of clinical trials with respect to promising new drugs and disease treatments. Requires the Director to give priority to treatments targeted towards diseases determined: (1) to be the most costly to treat; (2) to have the highest mortality; or (3) to affect the greatest number of individuals. Authorizes appropriations for FY 1993 through 1997. Extends through FY 1996 authorized appropriations for: (1) drug abuse demonstration projects of national significance; and (2) the Agency for Health Care Policy and Research. Requires the Secretary of Health and Human Services to use excess appropriations over FY 1992 amounts to expand research to determine the most cost-effective methods of health care and for developing and disseminating new practice guidelines related to such methods. Requires that priority be given to diseases and disorders determined to be the most costly to the United States and that evidence a wide variation in current medical practice. Directs the Secretary, after considering the recommendations of the Health Care Cost Control Advisory Committee, to report to appropriate congressional committees on the establishment of national spending targets for health care and health care services. Establishes the Health Care Cost Control Advisory Committee.
Bill· SS. 1976 (102nd)referred
United States · United States Congress · 15 November 1991
Amends the Immigration and Nationality Act to direct the Attorney General to provide, on an expedited basis, for the parole admission of an alien admissible into the United States to attend the funeral of an immediate blood relative.
Bill· SS. 1970 (102nd)referred
United States · United States Congress · 14 November 1991
Hmong Veterans' Naturalization Act of 1991 - Applies the naturalization through armed forces service provisions of the Immigration and Nationality Act to an alien who served in a special guerilla unit in Laos during the period February 28, 1961 to September 18, 1978. Waives the English language naturalization requirement for such an alien (or widow or spouse).
Question· Kleine Anfrage12/1531open
Germany · German Bundestag · 8 November 1991
Ausländerfeindliche Aktivitäten in der Bundesrepublik seit 1985, Täterkreise und Motive, Anzahl der in PIOS/APIS gespeicherten Personen, Einrichtung von Spuren- und Literatur-Dokumentationssystemen sowie von Sonderdateien beim Bundeskriminalamt und/oder Bundesamt für Verfassungsschutz, Einrichtung einer "Koordinierungsgruppe Bekämpfung ausländerfeindlicher und rassistischer Übergriffe", Präventions- und Schutzmaßnahmen der Bundesregierug; Anzahl der wegen rassistischer Übergriffe festgenommenen Tatverdächtigen, Erkenntnisse über die Bereitschaft zu rassistischer Gewalt, Vorbeugemaßnahmen im Bereich der Politik und politischen Bildung, Konsequenzen der Bundesregierung
Bill· SS. 1941 (102nd)open
United States · United States Congress · 7 November 1991
Refugee Resettlement Reform Act of 1991 - Amends the Immigration and Nationality Act to authorize the Secretary of State to make refugee determinations in instances where the Attorney General can not expeditiously do so. Changes the deadline for annual refugee admission determinations. Replaces the current Office of Refugee Resettlement with an Administration on Refugee and Migration Affairs. Requires the Secretary of State and the Secretary of Health and Human Services to consult with appropriate State, local, and private entities concerned with refugee resettlement. Revises State refugee resettlement administrative and case management provisions. Provides for earlier Federal reimbursement of State cash and medical assistance expenses. Provides flexibility for State use of social services funds. Obligates specified refugee resettlement assistance for schools, hospitals, and employment services in heavily impacted localities. Authorizes a refugee loan program through FY 1994 for social services leading to employment. Authorizes appropriations through FY 1998. Amends the Refugee Education Assistance Act of 1980 to authorize appropriations through FY 1998.
Bill· SS. 1936 (102nd)referred
United States · United States Congress · 7 November 1991
Health Equity and Access Improvement Act of 1991 - Title I: Tax Incentives for Health Care Access - Amends the Internal Revenue Code to provide a tax credit of up to $600 for an individual ($1,200 for a family) for qualified health expenses. Provides that in the case of a taxpayer whose adjusted gross income exceeds $10,000 ($20,000 for a family) the credit shall be reduced by an amount equal to ten percent of the excess. Permits a tax deduction, for both itemizers and nonitemizers, for the cost of health insurance premiums for which no other compensation is received. Provides an employer health insurance credit for small businesses equal to 25 percent of the qualified health care costs of the employer in the first year the employer offers health coverage to employees and which is then reduced five percentage points annually. Raises from 25 percent to 100 percent the deduction allowed to self-employed individuals for health insurance premiums and makes the deduction permanent. Provides a credit for a qualified primary health services provider who practices in a rural health professional shortage area. Sets forth a formula for determining such credit. Excludes from gross income any payment made on behalf of a taxpayer by the National Health Service Corps Loan Repayment Program. Permits a physician in a rural health professional shortage area to expense up to $25,000 worth of rural health care property. Provides that interest on student loan payments by medical professionals practicing in rural areas shall not be treated as personal interest and will therefore qualify as a tax deduction. Title II: Health Care Reform Provisions - Directs the Secretary of Health and Human Services (the Secretary) to request the National Association of Insurance Commissioners (NAIC) to develop a model health care insurance benefits plan that shall contain standards that entities offering health care insurance policies should meet with respect to the benefits and coverage provided under such policies and report on such standards to the Secretary. Requires the Secretary to develop such a plan if the NAIC fails to develop such a plan or if the NAIC plan does not meet specified requirements. Sets forth such requirements. Requires the Secretary, taking into account recommendations of the Managed Care Advisory Committee, to develop recommended standards that insurers offering managed care plans should meet with respect to the benefits, coverage, and delivery systems provided under such plans. Establishes the Managed Care Advisory Committee. Provides that, in the case of a managed care plan meeting recommended standards, specified provision of State law will be preempted and will not be enforced against the managed care plan with respect to an insurer offering such plan. Permits a qualified small employer purchasing group, upon application to and approval by the Secretary, to enter into contracts with carriers to provide health insurance coverage to eligible employees. Establishes standards which health care insurers must meet in a contract with a small business. Requires such insurers, among other things, to: (1) provide coverage and benefits consistent with the model health care insurance benefits plan; (2) meet specified registration and disclosure requirements; (3) not exclude from coverage any eligible employee; (4) not extend beyond six months any limitation on any preexisting condition and, with respect to such limitation, apply it only to preexisting conditions which manifested themselves or for which medical care was sought during the three months preceding coverage; (5) guarantee renewability of the contract at the employer's election, unless the contract is terminated for cause; and (6) establish premiums that meet specified standards. Title III: Medical Liability Reform - Sets forth provisions concerning settlement offers in medical malpractice cases. Establishes an Alternative Dispute Resolution Board of Advisers to make recommendations to the Secretary concerning the establishment of a model voluntary alternative dispute resolution program for medical malpractice cases. Sets caps on the payment of future losses, non-economic damages, and attorneys' fees. Prohibits joint liability in a civil action for non-economic damages. Establishes a statute of limitations for a medical malpractice civil action. Requires each State to: (1) allocate its medical licensing fees to the State agency responsible for licensing and disciplinary actions; (2) require that at least 25 percent of a disciplinary board's membership shall be from the general public; (3) have in effect a Statewide risk management program; and (4) establish a health care disciplinary trust fund consisting of all punitive damage awards resulting from medical malpractice and medical product civil actions. Protects a health care producer of a drug or device from punitive damages if the drug or device was subject to approval or premarket approval under the Federal Food, Drug, and Cosmetic Act. Amends the Public Health Service Act to direct the Secretary to make a grant to an entity representing recipients of assistance at migrant and community health centers to develop a business plan and establish a nationwide risk retention group as provided for in the Liability Risk Retention Act of 1986. Authorizes appropriations. Title IV: Public Health Provisions - Amends the Social Security Act to add a new title, Title XXI: BASICARE. Authorizes appropriations under title XXI for the purpose of providing basic health care benefits to low-income uninsured individuals who are not eligible for Medicaid (title XIX of the Social Security Act) coverage. Requires a State, in order to receive funding under title XXI, to submit and have approved by the Secretary a BasiCare assistance plan. Sets forth plan requirements. Requires, for BasiCare eligibility, that: (1) family income be below 200 percent of the poverty line; (2) an individual not be eligible for Medicaid; and (3) an individual not be otherwise covered under a health plan by the individual's employer. Permits the imposition of deductibles, copayments, and premiums if income is between 100 to 200 percent of the poverty line. Establishes the Federal Medical Waiver Demonstration Board to review applications submitted by States to conduct health care-related demonstration projects. Requires the Board to develop at least three different model health care delivery plans. Permits the Board, upon approval of a State's demonstration project, to waive the following provisions of Federal law: (1) the Public Health Service Act; (2) title XVIII (Medicare) of the Social Security Act; (3) titles XIX (Medicaid) and XXI (BASICARE) of the Social Security Act; (4) all health care programs administered by the Secretary of Veterans Affairs; and (5) the Employee Retirement Income Security Act of 1974. Title V: Medically Underserved Areas - Authorizes appropriations for the National Health Service Corps Scholarship Program and the National Health Service Corps Loan Repayment Program. Directs the Secretary to establish and administer a program to provide allotments to States to enable such States to provide grants for the creation or enhancement of community based primary health care entities that provide services to pregnant women and children up to age three. Requires grant recipients to substantially target populations of pregnant women and children who: (1) lack health care coverage or ability to pay for health care services; or (2) reside in medically underserved or health professional shortage areas. Directs the Secretary to award grants to federally qualified health centers (FQHCs) and other entities submitting applications for the purpose of providing access to services for medically underserved populations or in high impact areas not currently served by a FQHC. Limits the expenditure of funds awarded an FQHC to the provision of those services provided under the Medicaid program and any unreimbursed costs of providing services under the community based primary health care grant program. Authorizes appropriations. Authorizes the Secretary to award competitive grants to eligible entities to enable such entities to develop and implement a plan for mental health outreach programs in rural areas. Authorizes appropriations. Directs the Secretary, in awarding grants under the Public Health Service Act relating to the research, teaching, and training activities of health personnel educational entities, to give priority to those entities that have a high permanent rate for placing graduates in settings serving residents of medically underserved communities and that otherwise demonstrate a commitment to serving such communities. Directs the Secretary to award grants to health professions institutions to expand training programs that are targeted at those individuals desiring to practice in or serve the needs of medically underserved communities. Authorizes appropriations. Directs the Secretary to award grants to eligible regional consortia to enhance and expand coordination among various health professions programs, particularly in medically underserved rural areas. Authorizes appropriations. Authorizes the Secretary to award grants, under the area health education center provisions of the Act, to rural communities to enable such communities to provide stipends to physicians, nurses, or other health professional trainees to encourage such individuals to continue to provide health care services in such rural communities. Authorizes appropriations. Authorizes the Secretary to award competitive grants to eligible entities to enable such entities to facilitate the development of networks among rural and urban health care providers to preserve and share health care resources and enhance the quality and availability of health care in rural areas. Authorizes appropriations. Authorizes the Secretary to award competitive grants to eligible entities to enable such entities to develop and administer cooperatives in rural areas that will establish an effective case management and reimbursement system designed to support the economic viability of essential public or private health services, facilities, health care systems, and health care resources in such rural areas. Authorizes appropriations. Amends the: (1) Omnibus Budget Reconciliation Act of 1987 to authorize appropriations for the Rural Health Care Transition Grant Program; and (2) Medicare program to authorize appropriations for the Essential Access Community Hospital Program. Title VI: Incentives to Encourage Preventive Services - Provides a tax credit for qualified preventive services of up to $250. Includes on a list of preventive services: (1) cancer screening tests; (2) childhood immunizations; (3) mammograms; (4) pap tests for uterine cancer; and (5) other specified examinations and tests. Authorizes appropriations, under the Public Health Service Act, for grants for preventive health service programs for the provision, without charge, of immunizations.
Question· Kleine Anfrage12/1512open
Germany · German Bundestag · 7 November 1991
Häufigkeit und Gründe für die Anfechtungsklagen in den vergangenen zehn Jahren, Anzahl der nach erfolgreicher Klage abgeschobenen und der als De-facto-Flüchtlinge in der Bundesrepublik verbliebenen Asylbewerber, Erkenntnisse über das Schicksal der Abgeschobenen in ihren Heimatländern
Question· Kleine Anfrage12/1502open
Germany · German Bundestag · 6 November 1991
Zusammenhang der Ausländerbeschäftigung mit heimischer Arbeitslosigkeit, Bedeutung für Produktivität und Wachstum, Öffentlichkeitsarbeit zur Darstellung der Funktion ausländischer Arbeitnehmer
Bill· SS. 1914 (102nd)referred
United States · United States Congress · 4 November 1991
Au Pair Program Act of 1991 - Directs the Attorney General to establish an international cultural exchange program (au pair program) pursuant to specified provisions of the Immigration and Nationality Act. Amends such Act to include au pair program participants among the nonimmigrant classifications of temporary cultural exchange program participants.
Bill· HRH.R. 3700 (102nd)referred
United States · United States Congress · 1 November 1991
Authorizes, under specified conditions, the inclusion of Portugal in the visa waiver program.
Question· Fragestunde12/1448open
Germany · German Bundestag · 31 October 1991
Bill· HRH.R. 3670 (102nd)referred
United States · United States Congress · 30 October 1991
Immigration Technical Corrections Act of 1991 - Amends the Immigration and Nationality Act, as amended by the Immigration Act of 1990, and the Immigration Reform and Control Act of 1986 to make technical and transitional changes.
Question· Kleine Anfrage12/1450open
Germany · German Bundestag · 30 October 1991
Selbstverständnis der Zeitschrift eines Bundesamtes
Question· Kleine Anfrage12/1451open
Germany · German Bundestag · 30 October 1991
Einreisebedingungen der Deutschen Botschaft in Ankara, Verstoß gegen § 13 Ausländergesetz
Bill· HRH.R. 3656 (102nd)referred
United States · United States Congress · 29 October 1991
Amends the Public Health Service Act to give, to States adopting measures relating to medical malpractice liability that give incentives to health care providers to provide services to individuals unable to pay, priority for assistance under provisions relating to: (1) migrant and community health centers; and (2) health services for the homeless and residents of public housing. Amends the Stewart B. McKinney Homeless Assistance Act to give priority to such States for assistance under provisions relating to: (1) comprehensive homeless assistance plans; and (2) discretionary allocations for urgent needs of homeless persons.
Question· Kleine Anfrage12/1386open
Germany · German Bundestag · 25 October 1991
Positionen rechtsextremer Parteien und Organisationen zum Asylrecht
Bill· SS. 1871 (102nd)referred
United States · United States Congress · 24 October 1991
Citizenship Equity Act of 1991 - Amends the Immigration and Nationality Act to grant U.S. citizenship at birth to a person born on or before May 24, 1934, outside the United States or its possessions to parents, one of whom is an alien, and the other a U.S. citizen who prior to the birth of such person was physically present in the United States or its possessions.
Bill· HRH.R. 3634 (102nd)referred
United States · United States Congress · 24 October 1991
Amends the Immigration and Nationality Act to include aliens on criminal probation or criminal parole among the categories of aliens subject to special registration.
Question· Kleine Anfrage12/1376open
Germany · German Bundestag · 23 October 1991
Umfang, gesetzliche Grundlage, "Erkennungsdienstdatei" beim BKA, Zugriff, evtl. Weiterleitung von "Inpol"-Daten und von Daten aus dem Ausländerzentralregister an ausländische Sicherheitsbehörden, Auskunftsersuchen ausländischer Staaten
Question· Kleine Anfrage12/1352open
Germany · German Bundestag · 23 October 1991
Anzahl der anerkannten und abgelehnten Asylanträge seit 1980, Kurdenanteil, Schicksal der in die Türkei abgeschobenen Asylbewerber
Bill· HRH.R. 3605 (102nd)referred
United States · United States Congress · 22 October 1991
Amends the Immigration and Nationality Act to limit citizenship at birth to persons born in the United States to a mother who is a U.S. legal resident.
Bill· HJRESH.J.Res. 357 (102nd)referred
United States · United States Congress · 22 October 1991
Constitutional Amendment - Limits citizenship at birth to persons born in the United States to a mother who is a U.S. legal resident.