United States · United States Congress · 2 October 1991
Expresses the sense of the House of Representatives that: (1) the President should make clear that the United States supports the restoration of the democratically elected government of President Aristide in Haiti; (2) all U.S. assistance to the Haitian Government should remain suspended until democratic government is restored; (3) the Haitian military should respect the human rights of the Haitian people; (4) the Organization of American States should be commended for condemning the coup and for its Santiago commitment creating a new automatic mechanism to respond to the interruption of legitimate elected government; and (5) the international community should take all appropriate action to restore democratic government in Haiti.
United States · United States Congress · 25 September 1991
Authorizes claims for damages against the United States for personal injury or death of a member of the armed forces serving on active duty or on full-time National Guard duty. Provides that the personal injury or death must have arisen out of noncombatant medical or dental care furnished in a fixed medical facility operated by the United States. Offsets the amount of Government benefits for members of the armed forces or veterans for personal injury or death by the amount of any awards or judgments from such claims.
United States · United States Congress · 17 September 1991
Federal Fire Safety Act of 1991 - Amends the Federal Fire Prevention and Control Act of 1974 to prohibit the use of Federal funds to: (1) construct, purchase, or lease a newly constructed Federal office building, other than housing, having more than 25 full-time Federal employees nor to renovate one with five or more stories unless the entire building includes automatic sprinkler systems or an equivalent level of safety, with specified exceptions; and (2) increase the number of employees in such building by more than 100 employees over that as of enactment of this Act without such system or level of safety. Prohibits the use of such funds after the enactment of this Act: (1) to construct, purchase, lease, rebuild, or operate Federal Government housing for Federal employees and their dependents; (2) multifamily housing for Federal employees subsidized by the Federal Government; and (3) rental assistance housing, without automatic sprinkler systems and smoke detectors (in some cases smoke detectors alone). Directs the: (1) Administrator of the National Fire Prevention and Control Administration (Administrator) to promulgate regulations implementing this Act; and (2) head of any Federal agency that owns, leases, or operates a federally-funded building or housing unit, to invite the local agency or voluntary organization with fire protection responsibility in the jurisdiction of such building or housing unit to prepare, and biennially review, a prefire plan for it.
United States · United States Congress · 17 September 1991
Amends the title VI (International Education Programs) of the Higher Education Act of 1965 to add a new part D, Minority Foreign Service Professional Development. Authorizes the establishment of a programs significantly increase the numbers of African Americans and other minorities in the foreign service of the United States. Requires such academic and professional program to be established in the Institute for International Public Policy at Howard University (Washington, D.C.) (the Institute), created by this Act, and to be in consortium with other specified institutions of higher education. Allows any institution of higher education that wishes to participate in any or all aspects of such program to enter into a Memorandum of Understanding with Howard University. Sets forth the components of the academic program of the Institute, including a junior year abroad, academic year and summer internships, a master degree to serve two years in the U.S. foreign service for each year of the fellowship. Requires appointment of a Board of Visitors for the Institute. Sets forth matching requirements and provisions for gifts and donations. Requires Howard University and institutions of higher education in consortium with it to delegate to a nonprofit institution in the District of Columbia the administration of the Foreign Service Examination preparative and the International Careers Program, which may include the Junior Year Abroad and the Academic Year and Summer Internship programs. Authorizes appropriations.
United States · United States Congress · 11 September 1991
Prohibits: (1) the sale of defense articles under the Arms Export Control Act to or for the Royal Ulster Constabulary, the Ulster Defense Regiment, the Royal Irish Regiment, and any other organization in which anyone who previously was a member of a paramilitary association is a member; and (2) the issuance of licenses for exporting such articles, and the export of crime control and detection equipment for use by such entities. Directs the Secretary of State to report to the House Committee on Foreign Affairs and the Senate Committee on Foreign Relations on cooperation between United Kingdom security forces and militias and paramilitary groups in Northern Ireland.
United States · United States Congress · 2 August 1991
Trade Equity Act of 1991 - Amends the Harmonized Tariff Schedule of the United States to classify certain light trucks or light-duty trucks as motor vehicles for the transport of goods for purposes of tariff treatment under the Schedule.
United States · United States Congress · 2 August 1991
United States Flag Cruise Ship Competitiveness Act of 1991 - Amends Federal law (commonly referred to as the Johnson Act) relating to transportation of gambling devices to exclude from the definition of interstate commerce, transportation from a State to the same State through a place outside that State when such commerce may only be conducted through points not in that State. Repeals all of a specified Federal law (commonly referred to as the Gambling Ship Act) except provisions relating to the transmission of wagering information. Makes unlawful certain actions in connection with a vessel which has any gaming establishment aboard unless in compliance with certain regulations, including registration with the Attorney General and licensing by a State. Provides for certification by the Attorney General of State procedures.
United States · United States Congress · 2 August 1991
Amends the Anti-Drug Abuse Act of 1988 to extend through FY 1995 the authorization of appropriations for specified programs for drug abuse education and prevention: (1) relating to youth gangs; and (2) for runaway and homeless youth. Amends the Drug-Free Schools and Communities Act Amendments of 1989 to replace a reference to the National Narcotics Leadership Act of 1988 with a reference to the Anti-Drug Abuse Act of 1988.
United States · United States Congress · 2 August 1991
College Opportunity Act of 1991 - Title I: Institutional Aid - Amends the Higher Education Act of 1965 (HEA) with respect to institutional aid to historically black colleges and universities. Authorizes the use of grant funds to: (1) establish or enhance a program of teacher education designed to qualify students to teach in public elementary or secondary schools in the State; and (2) perform other proposed activities specifically approved by the Secretary of Education (the Secretary). Increases the minimum allotment to institutions. Revises a list of eligible professional or graduate institutions to eliminate the qualifier "independent" and to add: (1) during any fiscal year, either the Thurgood Marshall School of Law or the College of Pharmacy and Health Sciences (Graduate Program) (but not both), Texas Southern University; (2) North Carolina Central University School of Law; (3) Florida A & M College of Pharmacy and Pharmaceutical Sciences (Graduate Program); and (4) Xavier University of Louisiana School of Pharmacy (Graduate Program). Sets forth special rules relating to the funding of such new institutions and others already on the list. Requires that Morehouse School of Medicine (an institution already on the list) receive at least a special minimum amount during a certain period when funding of such institutions may be ratably reduced. Repeals specified provisions for a challenge grant program for certain types of institutions. Revises provisions for endowment challenge grants program to: (1) reduce from ten years to five years the period after a grant has ended during which an institution is ineligible to reapply; (2) increase the maximum amount of such a grant to an institution in fiscal years when the appropriation exceeds a specified amount; and (3) eliminate the maximum limitation in any fiscal year when the appropriation exceeds a higher specified amount. Extends the authorization of appropriations for programs covered by this title. Requires the Secretary to set aside certain funds for challege grants to historically black colleges and universities. Title II: Student Assistance - Part A: Pell Grants - Extends the Pell Grants program. Sets forth increasing maximum amounts for individual Pell Grants through academic year 1996-1997. Requires entitlement-based allocation of Pell Grant program reimbursements of institutional advances while eliminating adjustments for insufficient appropriations. Requires institutions of higher education which have Pell Grant agreements with the Secretary to: (1) award the full amount of the Pell Grants to which their eligible students are entitled; (2) credit such awards toward student expenses; and (3) submit vouchers for reimbursement. Directs the Secretary to reimburse each institution submitting a proper voucher for the full amount of Pell Grant awards credited to eligible students. Requires each institution desiring to provide Pell grants to eligible students to enter specified types of agreements with the Secretary. Deems an institution, which has entered such an agreement, awarded such grants, and credited such awards, to have a contractual right against the United States (entitlement) to receive such reimbursements. Considers such reimbursements to be payments made for acquisition of services by contract with the Department of Education. Requires the institution to pay any amount of the Pell Grant that exceeds tuition and fees owed by the student to students who do not reside in institutionally-owned or -operated housing. Treats such amounts paid as amounts credited, and allows such funds to be used by the student to cover room, board, transportation, child care, books, and other costs of attendance. Eliminates a percentage-of-cost-of-attendance limitation on the amount of a Pell Grant. Provides for phase-in of the entitlement to Pell Grants. Part B: Perkins Loans - Revises the Perkins Loan program. Provides that no funds are authorized to be appropriated under such program: (1) after FY 1991, of initial allocations to institutions of higher education; and (2) after FY 1991, of initial allocations to institutions of higher-education; and (3) after FY 1996, to enable students who received such loans for academic years ending prior to October 1, 1991, to complete courses of study. Authorizes appropriations for administrative expenses of such program. Extends specified program provisions relating to distribution of assets from student loan funds. Requires program agreements with institutions of higher education to distribution of assets from student loan funds. Requires program agreements with institutions of higher education to provide for: (1) maintenance of a student loan fund, without additional allocations of funds from the Secretary to institutions, and with necessary modifications; and (2) an institutional option, with the Secretary's approval, to establish an income contingent repayment schedule for not more than ten percent of the total amount of student loans made in each academic year based upon specified income contingent repayment schedule in effect on September 30, 1991. Repeals authority for the Income Contingent Direct Loan Demonstration Project. Authorizes the Secretary to promulgate necessary regulations. Part C: Need Analysis - Applies simplified needs analysis to students who: (1) are receiving cash payments under the aid to families with dependent children (AFDC) program of the Social Security Act; (2) are receiving food stamps under the Food Stamp Act of 1977; or (3) qualify for and reside in public housing. Directs the Secretary to provide a streamlined application form for second-year students reapplying for student assistance and for subsequent year students from families that qualify for simplified needs analysis. States that such form shall require such students to submit concise updated information, including the relevant tax return form for the year preceding that for which the determination is made. Part D: Administration - Authorizes the Secretary to waive a specified student eligibility verification requirement for any eligible institution which the Secretary determines has had no audit exceptions for the three prior award years. Requires the Secretary, in carrying out the Robert T. Stafford Loan Program, to assure that the suspension or termination of any eligible institution based on calculation of the institution's cohort or other default rate: (1) not be arbitrary; (2) include total volume of dollars on default represented by the cohort default rate; and (3) be supported by the most accurate calculation of such rate available. Title III: Educator Recruitment, Retention, and Development - Part A: Paul Douglas Teacher Scholarships - Extends the authorization of appropriatons for the Paul Douglas Teacher Scholarships program. Extends the period of such scholarship program and increases the total maximum number of individuals who may receive scholarships under it. Establishes a minority teaching incentive award of an additional $1,000 for each year of such a scholarship, which the State agency must agree to pay to any minority recipient who agrees to perform the required teaching under such scholarship program in an elementary or secondary school of a local educational agency with a significant number of minority students. Requires statewide panels to give priority when selecting new scholarship recipients to applicants who are members of groups underrepresented in the teaching profession, such as minorities and individuals with disabilities. Part B: Christa McAuliffe Fellowships - Extends the authorization of appropriations for the Christa McAuliffe Fellowship program for teachers. Part C: New Teacher Programs for the Improvement of the Education of Minorities - Provides for teacher recruitment for the improvement of the education of minorities. Authorizes the Secretary to make grants to institutions of higher education with schools or departments of education to pay the Federal share of programs to: (1) recruit, prepare, and train students to become elementary and secondary school teachers; and (2) place students as teachers in urban and rural local educational agencies having 50 percent minority student enrollment in their elementary and secondary schools. Requires special consideration to be given to historically black colleges and universities in making such grants. Sets forth requirements for grant uses, applications, and Federal share. Authorizes the Secretary to make grants to partnerships composed of institutions of higher education and local educational agencies for programs to identify and encourage minority students in the seventh through twelfth grades to aspire to and prepare for careers in elementary and secondary school teaching. Authorizes grants to consortia of institutions of higher education with special expertise which have entered a partnership agreement. Sets forth grant selection criteria, partnership agreement requirements, authorized uses of funds, and application requirements. Authorizes appropriations. Title IV: Additional Reauthorizations and Revisions Part A: Academic Libraries - Extends the authorization of appropriations for: (1) college library resources; (2) library training, research, and development; (3) strengthening of research library resources (but requiring that awards first be made to the libraries at North Carolina Central University and Clark Atlanta University); and (4) college library technology and cooperation grants. Part B: International Education - Authorizes the establishment of a program to significantly increase the numbers of African Americans and other minorities in the foreign service of the United States. Requires such academic and professional program to be established in the Institute for International Public Policy at Howard University (Washington, D.C.) (the Institute), created by this Act. Allows any institution of higher education that wishes to participate in any or all aspects of such program to enter into a Memorandum of Understanding with Howard University. Sets forth the components of the academic program of the Institute, including a junior year abroad, academic year and summer internships, a masters degree program, and Ralph Bunche International Fellowships for graduate study at Howard University or other institutions for students who agree to serve two years in the U.S. foreign service for each year of the fellowship. Requires appointment of a Board of Visitors for the Institute. Sets forth matching requirements and provisions for gifts and donations. Requires Howard University and any institutions of higher education in consortium with it to delegate to a nonprofit institution in the District of Columbia the administration of the Foreign Service Examination preparative and the International Careers Program, which may include the Junior Year Abroad and the Academic Year and Summer Internship programs. Authorizes appropriatons. Part C: Graduate Education - Revises the program for grants to institutions to encourage minorities to enter the higher education professorate (currently, grants to institutions to encourage minority participation in graduate education). Directs the Secretary to make grants to institutions of higher education (or to nonprofit organizations associated with such institutions with a demonstrated record of enhancing minority access to graduate education), in consortia with historically black colleges and universities and other institutions with significant enrollments of African Americans, Asian Americans, Hispanic Americans, and Native Americans. States that such grants shall enable such institutions to: (1) identify talented canidates for and recipients of baccalaureate degrees and faculty who wish to enter or continue in the higher education professorate; and (2) provide such students and faculty with stipends and fellowships to assist them in obtaining a doctoral degree and returning to an institution of higher education to teach. Designates such fellowships as the Augustus F. Hawkins Fellowships. Sets forth application and selection requirements. Requires each Hawkins Fellowship recipient to agree to teach at an institution of higher education for two years for every one year of fellowship assistance, or else repay the fellowship. Sets forth repayment procedures and exceptions.
United States · United States Congress · 2 August 1991
Amends the Office of Federal Procurement Policy Act to direct the Administrator of General Services to prescribe regulations to ensure the participation of (except in specified circumstances) at least five historically Black colleges and universities and nonprofit organizations owned and controlled by Black Americans in research and development (R&D) activities conducted with Federal funds by executive agencies. Outlines the requirements to be imposed on executive agencies through such regulations, including the requirement that each such agency reserve a specified percent of its FY 1992 through 1995 appropriations for R&D activities to be conducted by the Black colleges it must designate under this Act as federally funded R&D centers. Increases such set-aside on a graduated basis for such fiscal years. Directs the Comptroller General to study and report to the Congress annually on the activities of executive agencies in carrying out this Act.
United States · United States Congress · 2 August 1991
Audio Home Recording Act of 1991 - Amends Federal copyright law to: (1) set forth definitions relating to digital audio recording devices and media; and (2) prohibit certain copyright infringement actions based on the manufacture, importation, or distribution of a digital or analog audio recording device or medium, or the use of such device or medium for making phonorecords, except when done for commercial advantage. Sets forth a mandatory recordation and filing procedure for the importation, manufacture, or distribution in the United States of digital audio recording devices or media. Requires importers and manufacturers to file quarterly and annual statements of account with the Register of Copyrights (the Register). Mandates Register verification of such statements. Sets forth verification guidelines. States that verification audit costs shall be borne by interested copyright parties. Sets forth confidentiality guidelines with respect to such mandatory statements of accounts. Prescribes royalty payment guidelines for digital audio recording devices and media imported, manufactured, or distributed in the United States. Requires that royalty payments be deposited into the Treasury. Identifies interested copyright parties entitled to royalty payments. Prescribes royalty payment allocation and distribution procedures. Permits alternative royalty collection and distribution arrangements to be negotiated among interested copyright and manufacturing parties. Maintains the Copyright Tribunal jurisdiction over such negotiated arrangements insofar as nonparticipant interests are affected. Prohibits: (1) the importation, manufacture, and distribution of any digital audio recording device or audio interface device that does not conform to certain standards and specifications to implement the Serial Copy Management System; and (2) the circumvention of such System. Directs the Secretary of Commerce to publish in the Federal Register a certain Technical Reference Document which sets forth the standards and specifications pertinent to the Serial Copy Management System. Authorizes the Secretary to implement such System according to the prescribed guidelines. Sets forth civil remedies for violations of this Act, including impoundment, remedial modification and destruction of non-complying devices, and binding arbitration.
United States · United States Congress · 1 August 1991
Comprehensive Occupational Safety and Health Reform Act - Amends the Occupational Safety and Health Act of 1970 (OSHA) with respect to occupational safety and health programs, committees, employee representatives, coverage, standards, enforcement, antidiscrimination, training and education, hazard and illness evaluation, State plans, and victims' rights. Title I: Safety and Health Programs - Amends OSHA to establish requirements for each employer to set up and carry out a written occupational safety and health program that includes methods and procedures for: (1) identifying, evaluating, and documenting hazards; (2) correcting them; (3) investigating work-related illnesses, injuries, and deaths; (4) providing occupational safety and health services, including emergency response and first aid procedures; (5) employee participation in implementing such program, including, where applicable, a safety and health committee; (6) responding to such committee's recommendations; (7) providing safety and health training and education to employees and committee members; (8) designating an employer representative qualified to and responsible for identifying hazards and initiating corrective action; and (9) at a worksite where employees of two or more employers work, protecting employees from hazards under the other employers' control. Authorizes the Secretary of Labor (the Secretary) to modify the application of such requirements to classes of employers where, in light of the risks faced by the employer's employees, such a modification would not reduce their safety and health protection. Directs the Secretary to issue final regulations on the required employer occupational safety and health programs, covering employee training and education as well, including annual refresher courses. Title II: Safety and Health Committees and Employee Safety and Health Representatives - Amends OSHA to require each employer of 11 or more employees to provide for: (1) safety and health committees; and (2) employee safety and health representatives. Requires, in general, such employers to establish such a committee at each worksite, but authorizes the Secretary to modify application of this requirement to: (1) an employer whose employees do not primarily report to or work at a fixed location; (2) covered employers at worksites where less than 11 of their employees are employed; and (3) worksites where employees of more than one employer are employed. Requires committee membership to consist of elected or appointed employee representatives and up to an equal number of employer representatives. Requires the committee to be cochaired by an employer representative and an employee representative. Grants each committee the reasonable right to: (1) review occupational safety and health related employer programs, incidents of death, injury, or illness, complaints of hazards, the employer's work injury and illness records (other than personally identifiable medical information), and other related reports and documents; (2) conduct worksite inspections (and related employee interviews) at least once every three months and in response to complaints; (3) conduct meetings at least once every three months; (4) observe the measurement of employee exposure to toxic materials and harmful physical agents; (5) establish procedures for exercising committee rights; (6) make advisory recommendations for improvements and corrections; and (7) accompany the Secretary's representative during certain physical inspections of the worksite. Requires the employer to permit committee members to take such time from work as is reasonably necessary to exercise committee rights, without any loss of pay or benefits for such time. Directs the Secretary to issue final regulations for the establishment and functioning of such committees. Sets forth procedures for selection of employee representatives by and from nonmanagerial employees. Directs the Secretary to issue regulations on safety and health representatives, including specified numbers and selection procedures. Title III: Coverage - Revises the OSHA definition of employer to include the Federal Government (except certain congressional employees) and State and local governments, thus extending OSHA coverage to public employees. (Includes under such OSHA coverage the executive and judicial branches and the following agencies of the legislative branch: the Botanic Garden, the General Accounting Office, the Government Printing Office, the Library of Congress, the Office of Technology Assessment, the Congressional Budget Office, and the Copyright Royalty Tribunal.) Authorizes the Secretary to cede OSHA jurisdiction to a Federal agency with respect to specified standards or regulations affecting occupational safety and health of some or all employees within that agency's regulatory jurisdiction, if the agency has promulgated and is enforcing standards and regulations so that its employees are being protected at least as effectively as they would be by the Secretary. Declares that nothing in OSHA shall apply to working conditions covered by the Federal Mine Safety and Health Act of 1977. Applies OSHA to employment performed in the Federal nuclear facilities under the control or jurisdiction of the Department of Energy. Extends an employer's duties under OSHA to all employees working at the place of employment (even if they are not the employer's employees). Title IV: Occupational Safety and Health Standards - Revises provisions for OSHA standards. Requires specified timeframes for setting such standards after the Secretary has received: (1) a recommendation of an advisory committee, the Secretary of Health and Human Services (HHS), or the Administrator of the Environmental Protection Agency; or (2) a petition from an interested person setting forth with reasonable particularity the facts claimed to establish that a standard should be promulgated, modified, or revoked. Directs the Secretary, within 90 days after such receipt, to publish a response stating whether the Secretary intends to publish a proposed rule with respect to such standard, or if not, the reasons for the decision not to publish such a rule. Directs the Secretary, if such rule is intended to be published, to do so within 12 months after the receipt of the recommendation or petition. Directs the Secretary to: (1) afford interested persons a period of at least 30 days to submit written data or comments after publication of a proposed rule promulgating, modifying, or revoking an OSHA standard; and (2) issue a final rule within 180 days after the public comment period (or within 180 days after a required public hearing on objections to such rule). Allows any adversely affected person to petition for judicial review, in the U.S. court of appeals for the appropriate circuit, of the Secretary's refusal or failure to issue such rules or standards. Requires that such a petition to appeal the Secretary's determination not to propose a rule with respect to a standard be filed within 60 days after publication of such determination. Requires set-aside of the Secretary's determination if it is found to be arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law. Allows a petition to appeal the Secretary's failure to publish a proposed rule within the required 12-month time frame to be filed at any time after such time period has elapsed. Directs the reviewing court to compel the Secretary to take any such action that is found to have been unlawfully withheld or unreasonably delayed. Provides that the withholding or delaying of action shall not be justified by the Secretary's desire to consult with, or receive approval from any other Federal agency or executive official, except where this is required by applicable law and pursued in timely fashion. Revises the definition of "occupational safety and health standard" to mean a standard which addresses a significant risk to the safety or health of employees by requiring conditions, or the adoption or use of one or more practices, means, methods, operations, or processes that most adequately assure, to the extent feasible, safe and healthful employment and places of employment. Requires each OSHA standard also to prescribe requirements for recording or reporting a work-related illness determined as a result of a medical examination or test conducted under the standard. Directs the Secretary to place in the public record all written comments and communications and a summary of all verbal communications with parties outside the Department of Labor (DOL) (including communications with executive branch officials) regarding promulgation, modification, or revocation of an OSHA standard. Directs the Secretary, in cooperation with the Secretary of HHS and in addition to other OSHA standards, to modify and establish exposure limits for toxic materials and harmful physical agents on a regular basis in a specified manner. Directs the Secretary of HHS, acting through the National Institute for Occupational Safety and Health (NIOSH), to: (1) regularly evaluate available scientific evidence, data, and information to determine if such exposure limits should be modified or be established to protect exposed employees from material impairment of health or functional capacity; and (2) at least every three years, on the basis of such evaluation, develop and transmit to the Secretary recommendations identifying materials and agents for which exposure limits should be modified or established to protect employees from such impairment. Directs the Secretary: (1) within 30 days of receipt of such recommendations, to publish them and provide a 30-day public comment period; (2) within six months of their receipt evaluate them and the public comments and publish a proposed rule for the exposure limits of each material and agent for which the Secretary of HHS has made a recommendation (explaining why any proposed limit is not the same as a recommended limit); (3) within one year of publication of the proposed limits, issue a final standard (explaining why any final limit is not the same as the recommended limit); and (4) establish or modify such limits whenever warranted, in addition to a periodic review. Directs the Secretary, within two years after the effective date of this Act, to promulgate final standards on exposure monitoring and medical surveillance programs, including specified requirements. Directs the Secretary to issue a final standard on ergonomic hazards to protect employees from work-related musculoskeletal disorders, including specified requirements. Sets forth timetables for the Secretary to issue various OSHA final standards. Title V: Enforcement - Revises OSHA enforcement provisions. Provides that time spent by an employee in accompanying the Secretary's representative on an OSHA inspection shall be deemed to be hours worked, with no loss of pay, benefits, or seniority. Requires the Secretary to notify employees or their representative within 30 days after receipt of their request for inspection that there are no reasonable grounds to believe a violation or danger exists. Directs the Secretary also to make a special inspection after determining that there are reasonable grounds to believe that an imminent danger or serious violation exists in a place of employment, upon notification from any other source (as well as upon notification by an employee or employee representative as in current law). Directs the Secretary to establish and carry out a special emphasis inspection program for conducting inspections of industries or operations where existing hazards or newly recognized or new hazards introduced into work sites warrant more intensive than normal inspections. Requires annual designation of the industries and operations for such program and the number of inspections planned and number of enforcement personnel required. Requires that special emphasis inspections be in addition to other programmed and complaint inspections conducted under OSHA before the effective date of this Act. Requires a report on such program in the Secretary's annual OSHA report to the Congress. Requires the Secretary to investigate any work-related death or serious incident (i.e. one resulting in hospitalization of two or more employees). Requires the employer to: (1) notify the Secretary of any death or serious incident occurring in a place of employment covered by OSHA; and (2) prevent the destruction or alteration of evidence that would assist in investigating such death or incident. Requires OSHA citations to state if the Secretary or the Secretary's representative believes that an alleged violation is serious and presents such a substantial risk to the safety or health of employees that initiation of review proceedings should not suspend the running of the period for correction of the violation. Revises the correction period to make it begin to run from the date of receipt of the citation, with specified exceptions. Requires employers to verify the abatement of a serious, willful, or repeated violation in writing to the Secretary within 30 days after the correction period has expired. Requires employers, within ten days after verification of abatement, to prominently post notice of such abatement at or near each place the violation occurred and to make a copy of the verification available to employers and employee representatives. Directs the Secretary to issue regulations implementing such abatement verification and notice requirements. Grants employees the right to contest: (1) citations' designations of the character of the violation or of the OSHA provision, standard, rule, regulation, or order violated (in addition to contesting the abatement period, as in current law); and (2) proposed penalties as inadequate. Grants employee representatives the right to participate in other proceedings (as well as hearings) conducted under specified OSHA enforcement procedures. Requires, if the Secretary intends to withdraw or modify a citation as a result of any agreement with the employer, the Commission's rules of procedure to provide for prompt notice to affected employees or their representatives. Grants employees or their representative, regardless of whether they have previously elected to participate in the proceedings, the right to file a notice alleging that the proposed agreement fails to effectuate the purposes of OSHA within 15 days after receipt of notice of the agreement. Directs the Secretary to consider the matter and, upon determination to proceed with the agreement, respond with particularity to the objections. Grants employees or their representative, within 15 days after the Secretary's response, the right to a hearing upon request to the Commission. Provides that if the Commission determines the proposed agreement fails to effectuate the purposes of OSHA, the proposed agreement shall not be entered as a Commission order and the citation shall not be withdrawn or modified in accordance with the proposed agreement. Revises OSHA provisions for restraining imminent dangers. Directs the Secretary to inform the employer and the affected employees and request that a condition or practice that poses an imminent danger be corrected immediately or that employees be immediately removed from exposure to such danger. Requires such actions if the Secretary determines, on the basis of an inspection or investigation, that a condition or practice in the place of employment is such that an imminent danger to safety or health exists which could reasonably be expected to cause death, serious physical harm, or permanent impairment of health or functional capacity of employees if not corrected immediately. Directs the Secretary to determine whether to post a notice in the workplace if the employer refuses to comply with the Secretary's request. Requires that such notice identify the source of the imminent danger. Grants employees the right to refuse to perform a duty that has been identified as the source of an imminent danger by such a notice, and prohibits discrimination against them for such refusal. Subjects an employer to a civil penalty of from $10,000 to $50,000 for each day during which an employee continues to be exposed if the employer does not immediately correct the hazard referred to in the posted notice or remove all employees from exposure to it, unless the Commission determines that the condition or practice is not covered by such imminent danger provisions. Revises OSHA criminal penalties to increase the maximum amount of fines and the length of prison terms for specified violations, including those for a willful violation causing death, an improper advance notice of an inspection, or a false statement. Establishes criminal penalties for a willful violation that causes serious bodily injury. Prohibits a penalty or fine which is imposed on a director, officer, or agent of an employer from being paid out of the employer's assets on behalf of that individual. Provides that nothing in OSHA shall preclude State and local law enforcement agencies from conducting criminal prosecutions in accordance with State or local laws. Title VI: Protection of Employees from Discrimination - Revises OSHA antidiscrimination provisions to extend coverage to an employee's: (1) reporting any injury, illness, or unsafe condition to the employer, employer's agent, safety and health committee, or employee safety and health representative; and (2) refusing to perform duties when reasonably apprehensive that doing so would result in serious injury to himself/herself or other employees, after having sought and been unable to obtain from the employer corrections of the circumstances causing such refusal. Revises procedures for consideration of complaints of discrimination. Increases the period for filing such complaints from 30 to 180 days after the alleged discrimination. Requires the Secretary, within 60 days after receipt of the complaint, to investigate and notify the complainant and the alleged violator of the findings. Requires such findings to be accompanied by a preliminary order providing relief, if the Secretary has concluded that there is reasonable cause to believe a violation has occurred. Allows the alleged violator or the complainant to file, within 30 days, objections to the findings and/or the preliminary order, and to request a hearing on the record. Provides that such filing of objections shall not operate to stay any reinstatement remedy in the preliminary order. Requires such hearings to be conducted expeditiously. Deems the preliminary order a final order not subject to judicial review if a hearing is not timely requested. Directs the Secretary to issue a final order within 120 days after the conclusion of such hearing. Allows such proceedings to be terminated at any time in the interim on the basis of a settlement agreement by the Secretary, the complainant, and the alleged violator. Requires the Secretary, upon determination that a violation of antidiscrimination provisions has occurred, to order: (1) correction of the violation; (2) reinstatement to the former position with all compensation (including back pay), terms, conditions, and privileges of such employment; and (3) compensatory damages. Authorizes the Secretary, upon request of the complainant, to assess against the person against whom such order is issued all costs and expenses (including attorney's fees) incurred by the complainant in connection with bringing the complaint. Allows adversely affected or aggrieved persons to petition within 60 days to obtain review of such orders in the U.S. Court of Appeals for the appropriate circuit. Directs the Secretary to file a civil action in the appropriate U.S. district court to enforce such orders against persons who fail to comply. Authorizes such court to grant appropriate relief. Provides that the legal burdens of proof that prevail under the Whistleblower Protection Act of 1989 shall govern adjudication of protected activities under OSHA antidiscrimination provisions. Title VII: OSHA and NIOSH Training and Education - Revises OSHA provisions for training and education. Includes education programs for employees and members of safety and health committees, as appropriate, among those programs which the Secretary of HHS is to conduct through NIOSH. Requires the Secretary (of Labor) to develop training materials, model curricula, and programs to assist employers in: (1) providing the training and education required under the new provisions for employer occupational safety and health programs; and (2) complying with OSHA standards. Title VIII: Recordkeeping and Reporting - Revises OSHA provisions relating to statistics to require the Secretary to collect information and conduct analyses that identify: (1) industries, employers, processes, operations, and occupations that have a high rate of injury or illness; (2) factors that cause or contribute to injuries and illnesses; and (3) workers' compensation costs associated with the injuries and illnesses. Requires such data to be publicly available in a form suitable for further statistical analysis, and to be used in setting safety and health standards, targeting inspections of individual establishments, and evaluating standard setting and enforcement programs. Directs the Secretary to require each employer covered by OSHA to report: (1) each work-related death of an employee immediately upon knowledge; and (2) each serious incident resulting in hospitalization of two or more employees within 24 hours of the incident. Revises OSHA requirements for employer records and reports to include (in addition to work-related deaths, injuries, and illnesses) suspected work-related illnesses, including a work-related illness reported by an employee or an employee's physician, unless the employer makes a reasonable determination that the illness is not work-related. Provides that all such employer records and reports shall be made available to the Secretary, the Secretary of HHS, employees, and employee representatives. Title IX: NIOSH - Revises OSHA provisions relating to duties of the Secretary of HHS acting through NIOSH. Includes under hazard evaluation reports an evaluation of whether any hazardous condition or harmful physical agent found in the place of employment poses a risk to exposed employees. Directs the Secretary of HHS, if a final determination of hazard is not made within six months of a request, to provide to the employer and employees an interim report on the known or suspected hazards, a recommendation for control, and an estimate of the time in which a final determination will be made. Directs the Secretary of HHS to identify major factors contributing to occupational injuries and deaths through accident investigations and epidemiological research. Directs the Secretary of HHS to carry out a program to identify and notify employees at increased risk of occupational illnesses, injuries, and deaths, including public information and education programs, and recommendations for appropriate medical surveillance. Requires notification, if they are found to be at increased risk, of subjects of studies funded or conducted by the Secretary of HHS under such program. Specifies that the authority of the Secretary of HHS, and of NIOSH, to inspect records extends to the Secretary's designees and contractors. Directs the Secretary of HHS, through NIOSH (and in cooperation with other HHS agencies and the Secretary of Labor), to establish a national surveillance program to identify cases of occupational illnesses, deaths, and serious injuries. Requires coordination with State health agencies and Federal and State workers' compensation agencies under such program. Directs the Secretary of HHS to collect data each year on the number and characteristics of all occupational deaths and selected occupational illnesses and injuries. Requires, in making such selections, consideration of known frequency and severity of the disorder and of the size of the population at risk. Directs the Secretary of HHS to report on and analyze the occupational deaths, illnesses, and injuries collected under such program, and transmit such information to the Secretary of Labor, State health agencies, employers, employees, and other interested parties. Authorizes the Secretary of HHS to require an employer, through a physician or health professional employed by or under contract to the employer, to report information on occupational deaths, illnesses, and injuries. Establishes NIOSH as a separate agency within the U.S. Public Health Service in the Department of HHS. Title X: State Plans - Revises OSHA requirements for State plans to provide for: (1) development of safety and health programs and safety and health committees and training programs that are at least as effective as those under the new OSHA requirements; and (2) reporting requirements, protection of employee rights, and access to information that are at least as effective as those under OSHA or other Federal laws governing access to information related to OSHA. Requires a State to enforce a Federal OSHA standard until a State standard at least as effective is in effect, if a State fails to adopt or promulgate such a standard within six months after the Federal standard is promulgated. Requires the Secretary (of Labor) to: (1) promptly investigate complaints against a State plan if there are reasonable grounds to believe a deficiency exists; (2) investigate complaints alleging a deficiency in a State enforcement action within 30 days of receipt; and (3) within 30 days of completion of the investigation, transmit findings and recommendations for correction to the State and complainant (or notify the complainant if there are no reasonable grounds to believe a deficiency exists). Requires a State to respond as to what action it has taken on the Secretary's findings and recommendations within 30 days of their receipt. Directs the Secretary to issue a citation with reasonable promptness if, after receipt of the State's response, the Secretary believes a serious violation of OSHA exists for which the State has failed to issue a citation. Requires the Secretary, upon determination that there are reasonable grounds to conclude there is a failure to comply substantially with any provision or assurance of the State plan, to: (1) notify the State and allow six months for correction of deficiencies; (2) institute proceedings for withdrawal of approval of the State plan, if the State has not corrected the deficiencies within six months (unless there are exceptional circumstances); and (3) during the pendency of such proceedings, exercise concurrent jurisdiction with the State over the safety and health issues that are subject to the State plan. Requires States which are operating State safety and health plans to modify them to conform to this Act. Title XI: Victim's Rights - Sets forth provisions for victims' rights under OSHA. Defines a victim as: (1) an employee who has sustained a work-related injury or illness which is the subject of an OSHA inspection or investigation; or (2) the family member of an employee who either is killed or cannot reasonably exercise victim's rights as a result of such an injury or illness. Grants victims the right, on request, to: (1) meet with the Secretary or a representative respecting the inspection or investigation before the Secretary's decision to issue a citation or to take no action; (2) receive a free copy of any citation or report issued as a result of the inspection or investigation; (3) be informed of any notice of contest filed; (4) be provided an explanation of the rights of employees and employee representatives to participate in OSHA enforcement proceedings; and (5) be provided an opportunity to appear and make a statement before the parties conducting any settlement negotiations, before the Secretary agrees to withdraw or modify the citation. Provides that a victim shall have the same rights as an employee under OSHA enforcement procedures. Entitles a victim, if such victims' rights are violated, to declaratory relief, injunctive relief, recovery of costs of securing specified documents, and reasonable attorney's fees and costs. Directs the Secretary to take reasonable actions to inform victims of these rights. Title XII: Worker's Compensation Study - Establishes the Federal Worker's Compensation Commission. Directs the Commission to study worker's compensation laws and system with respect to: (1) the recommendations of the National Commission on State Workmen's Compensation Laws; (2) the feasibility of using workers' compensation data to target loss prevention activities on high risk occupations; (3) the laws' adequacy in providing for needs of injured workers, occupational illnesses and diseases, quality control and medical and rehabilitation costs with cost control, and time for recuperation and counseling before return to full-time work; (4) the administrative system's adequacy and the appropriateness of such laws as the exclusive remedy; (5) the relationship between workers' compensation, safety and health programs, and insurance rates and services; (6) the feasibility and appropriateness of transferring the branch of the Department of Labor involved in workers' compensation studies from the Employment Standards Administration to the Occupational Safety and Health Administration; and (7) the feasibility of preempting State workers' compensation laws with a national program. Requires such Commission to report the results of such study to the President and the Congress. Title XIII: Effective Date - Sets forth the effective date of this Act.
United States · United States Congress · 1 August 1991
Lengthens from five to seven years the expiration period applicable to legislative authority relating to construction of commemorative works on Federal land in the District of Columbia and its environs.
United States · United States Congress · 31 July 1991
Federal Employees Occupational Safety and Health Act of 1991 - Creates a new occupational safety and health program for Federal employees. Outlines the rights and obligations of each employee of an executive agency regarding workplace safety, including: (1) the right to refuse to work, without loss of pay or benefits, in any workplace that represents a serious danger to the employee's safety or health or in any workplace that fails to conform to safety and health standards; and (2) the obligation to comply with the occupational safety and health standards adopted by the agency. Allows any executive agency employee to bring an action in any U.S. district court to require: (1) the Secretary of Labor to carry out any duty under this Act; (2) an executive agency to comply with any order of the Occupational Safety and Health Review Commission (OSHRC) under this Act; and (3) OSHRC to carry out its duties under this Act. Revises the authority of each Federal agency head with respect to establishing health and safety programs to include making such head responsible for: (1) ensuring that performance evaluations of managers or supervisors measure performance in meeting the requirements of this Act and of the agency's health and safety program, consistent with their responsibilities and duties thereunder; (2) appointing an executive level individual as that agency's Designated Agency Safety and Health Office (DASHO) to insure the effective operation of such program at each agency worksite; (3) providing, at each appropriate operational level, an official with adequate budget, authority, and staff to manage, administer, and implement worksite health and safety inspection programs; (4) establishing agency health and safety committees to monitor worksite inspections, comment on proposed standards, and identify worksite hazards and making available to such committees all information relevant and necessary for them to carry out their duties; (5) providing health and safety training to agency personnel appropriate to the work performed by the employee; and (6) conducting annual worksite inspections. Outlines specific requirements applicable to agency health and safety programs and worksite inspections, including those requiring the development of abatement plans to eliminate unhealthful working conditions. Directs the Secretary of Labor to conduct random, unannounced health and safety inspections of executive agency workplaces and, upon completion of an inspection, to report inspection results to applicable agency officials and to issue citations if necessary to bring the agency into compliance with this Act. Outlines: (1) procedures for enforcement of inspections; (2) provisions providing agencies and employees with an opportunity to contest citations before OSHRC; and (3) procedures for judicial review of final OSHRC orders. Directs the Secretary to establish within the Department of Labor an Office of Federal Programs which shall have jurisdiction on behalf of the Secretary over this Act and which shall be headed by an Assistant Deputy Secretary of Labor. Directs the President to appoint a Special Prosecutor for Federal Occupational Safety and Health Enforcement for the Labor Department. Authorizes such official to petition any court of appeals of the United States for the enforcement of any OSHRC order. Requires the Administrator of the General Services Administration, upon request of an executive agency, to: (1) provide such agency with space which meets any special safety and health requirements of the agency and which does not contain serious hazards or conditions which may violate this Act or the Occupational Safety and Health Act of 1970; and (2) investigate any report of unsafe or unhealthy conditions in a facility provided by the Administrator. Requires the Administrator to maintain a log of any report by an executive agency of any unsafe or unhealthy condition in a building occupied by the agency and provided by the Administrator. Subjects any lease of a building to an executive agency which is entered into by a private person under the Administrator's direction to the requirements of this paragraph and the Occupational Safety and Health Act of 1970. Requires the Department of Labor to investigate complaints of employees who believe that they have been discriminated against for reporting agency health and safety violations and to provide relief to such an employee who has been discriminated against. Makes conforming repeals to the Occupational Safety and Health Act of 1970.
United States · United States Congress · 23 July 1991
Augustus F. Hawkins Medical Assistance Act of 1991 - Amends part B (Strengthening Historically Black Colleges and Universities) of title III (Institutional Aid) of the Higher Education Act of 1965 to add provisions for an assistance program for medical and health profession training institutes to conduct education and research to improve the health and education development of residents within underserved and economically disadvantaged communities. Directs the Secretary of Education to award such program grants to institutions of higher education that are making a substantial contribution to the medical education and training opportunities for individuals from minority groups who are underrepresented in medical or allied health professions. Sets forth requirements relating to grant size, duration, matching funds, applications, and authorized uses of funds. Authorizes appropriations for FY 1992 through 1996 for such program.
United States · United States Congress · 22 July 1991
Petroleum Marketing Competition Enhancement Act - Amends the Petroleum Marketing Practices Act to prohibit a refiner from: (1) selling motor fuel to a customer for resale (customer) at a price higher than the refiner's adjusted retail price for the same or a similar grade or quality of motor fuel sold from a direct operated outlet in the same geographic area (sale of fuel at higher prices); and (2) entering into a scheme or agreement to set, change, or maintain maximum retail prices of motor fuel, except with respect to a refiner's retail sales at its direct operated outlets. Requires that: (1) in comparing a refiner's adjusted retail price to a refiner's price to other customers, adjustments be made to account for differences in freight, taxes, and inspection fees, whether or not the items are separately listed as part of the price; and (2) if a refiner includes consumer credit as part of its price, an adjustment for the cost of such credit be made in comparing the prices. Sets forth enforcement provisions, including: (1) proceedings by the Attorney General (establishes fines ranging from $5,000 to $25,000 for each violation, and authorizes civil actions and equitable relief); (2) private civil actions, including class actions, (and establishes a right to jury trial); and (3) proceedings by State attorneys general. Allows a person bringing an action to enforce provisions concerning the sale of fuel at higher prices to establish a prima facie case by showing that the refiner has sold motor fuel to a customer at a price that is higher than: (1) 94 percent of its consumer retail price per gallon (or, in the event of a sale to a branded wholesaler, 90 percent); or (2) the refiner's consumer retail price per gallon less the most recently available average retail operating expenses per gallon (and, in the event of a sale by a refiner to a branded wholesaler, also less the most recently available average wholesale operating expenses per gallon for the State in which the consumer retail price was charged). Specifies that: (1) in the event that the relevant State has not conducted an annual survey (pursuant to this Act) to determine the average retail or average wholesale operating expenses, the average operating expenses for the retail and wholesale petroleum industry, as determined by the Secretary of Energy, shall be used; and (2) such prima facie case may be overcome by a preponderance of evidence that the refiner's actual retail and average wholesale operating expenses, if applicable, are less than the evidence presented by the plaintiff to establish such prima facie case. Directs the Secretary to conduct an annual survey to determine the average retail and average wholesale operating expenses per gallon for the petroleum industry. Permits a State or State agency to authorize an annual State survey to reflect local conditions with respect to motor fuels sold to the public in that State. Directs that any such survey regarding: (1) retail operating expenses and actual wholesale operating expenses be based upon all direct and indirect expenses attributable to the sale of a gallon of motor fuel to the public by direct and nondirect operated outlets; and (2) wholesale operating expenses be based on all direct and indirect expenses attributable to the wholesale sale of a gallon of motor fuel by a refiner or a branded wholesaler to a branded dealer.
United States · United States Congress · 17 July 1991
Designates the East Saint Louis extension of the Jefferson National Expansion Memorial. Repeals provisions requiring the Secretary of the Interior to approve the plan for the extension. Authorizes increased funding for the extension.
United States · United States Congress · 17 July 1991
California Desert Protection Act of 1991 - Title I: Wilderness Additions - Designates as additions to the National Wilderness Preservation System 77 wilderness areas within the California Desert Conservation Area (CDCA), the Yuma District, and the Bakerfield District of the Bureau of Land Management. Permits grazing in such areas. Prohibits the approval of any plan of operation prior to determining the validity of unpatented mining claims, mill sites, and tunnel sites affected by plans in such areas. States that non-designated areas within the CDCA have been adequately studied for inclusion in the System and releases them from otherwise applicable restrictions. Designates certain lands within the CDCA as the White Mountains Wilderness Study Area. Title II: Death Valley National Park - Establishes the Death Valley National Historic Park which subsumes the Death Valley National Monument. Withdraws the additional lands from further exploitation under the mining laws. Requires the Secretary of the Interior (the Secretary) to determine the validity of any unpatented mining claims, mill sites, and tunnel sites within such additional lands and whether the United States should acquire any mineral rights in such lands. Preserves grazing privileges on such lands for persons holding permits as of July 1, 1991. Terminates all grazing on July 1, 2016. Title III: Joshua Tree National Park - Establishes the Joshua Tree National Park which subsumes the Joshua Tree National Monument. Withdraws the additional lands from further exploitation under the mining laws. Requires the Secretary to determine the validity of any unpatented mining claims, mill sites, and tunnel sites within such additional lands and whether the United States should acquire any mineral rights in such lands. Continues the validity of certain rights-of-way of the Metropolitan Water District. Title IV: Mojave National Park - Establishes the Mojave National Monument which subsumes the East Mojave National Scenic Area. Withdraws Federal lands within the Monument from further exploitation under the mining laws. Requires the Secretary to determine the validity of any unpatented mining claims, mill sites, and tunnel sites within the Monument and whether the United States should acquire any mineral rights in such lands. Authorizes the Secretary to regulate mining in such Monument. Preserves grazing privileges on such lands for persons holding permits as of July 1, 1991. Terminates all grazing on July 1, 2016. Continues the validity of existing rights-of-way for specified activities. Directs the Secretary to submit a management plan for the Monument to the Senate Committee on Energy and Natural Resources and the House Committee on Interior and Insular Affairs. Designates the Granite Mountains Natural Reserve within the Monument. Authorizes the Secretary to construct a visitors' center and acquire lands. Title V: National Park Wilderness - Designates as wilderness the Death Valley National Park Wilderness, the Joshua Tree National Park Wilderness Additions, and the Mojave National Monument Wilderness. Title VI: Miscellaneous Provisions - Directs the Secretary to transfer Red Rock Canyon State Park Additions in the CDCA to California. Establishes the Desert Lily Sanctuary within the CDCA. Prohibits the Secretary and the Secretary of Agriculture from: (1) disposing of lands within the boundaries of any wilderness, park, or monument designated by this Act; (2) granting rights-of-way in lands within designated wilderness; and (3) making lands within such boundaries available for use by the Metropolitan Water District. Requires the Secretary to transfer certain Federal lands selected by the California State Lands Commission upon transfer to the United States of State school lands of equivalent value that are included in areas designated as wilderness and national parks under titles I through IV of this Act. Sets forth procedures for establishing fair market value. Creates the California Desert State Lands Credit Account in the event that the value of selected Federal lands is less than that of transferred State lands. Authorizes the Secretary to exchange Federal mineral interests in lands in California for private mineral interests in wilderness areas and national parks designated by this Act. Directs the Secretary to insure nonexclusive access to the wilderness areas, parks, and monument designated by this Act for traditional Indian cultural and religious purposes. Reserves Federal water rights for wilderness areas designated by this Act. Authorizes appropriations. Title VII: Definitions - Sets forth specified definitions.
United States · United States Congress · 11 July 1991
Community Right-To-Know More Act of 1991 - Amends the Solid Waste Disposal Act to revise congressional findings, objectives, and national policy provisions. Title I: Expansion of Toxics Release Inventory - Requires owners or operators of facilities subject to toxic chemical release requirements under the Emergency Planning and Community Right-To-Know Act of 1986 that meet threshold requirements under this Act to include supplemental information comparable to that required in toxic chemical release forms for transfers or releases of chemicals that are: (1) priority pollutants relating to steam electric power point source pollutants under the Federal Water Pollution Control Act; (2) specified hazardous wastes listed under the Solid Waste Disposal Act; (3) specified chemicals listed under the Clean Air Act; (4) pesticides with respect to which the registration has been denied, cancelled, or is under suspension or pesticides undergoing administrative review or that are classified for restricted use; (5) chemicals listed under the Safe Drinking Water Act for which maximum contaminant levels have been proposed; (6) chemicals identified as carcinogens by the Carcinogen Assessment Group of the Environmental Protection Agency (EPA), the International Agency for Research on Cancer, or the National Toxicology Program; (7) extremely hazardous substances listed pursuant to the Emergency Planning and Community Right-To-Know Act of 1986; (8) chemicals listed in 90 California Regulatory Notice Register 990 as reproductive toxins; or (9) listed under the Emergency Planning and Community Right-To-Know Act of 1986 that are not used at a level that meets threshold requirements for reporting but are released to the environment or transferred to an offsite waste management facility in amounts meeting the threshold under this Act. Provides that a facility meets the threshold requirements with respect to a chemical listed under this Act if the facility: (1) uses the chemical at a level that meets the threshold requirement for reporting under the Emergency Planning and Community Right-To-Know Act of 1986; or (2) releases to the environment or transfers to an offsite waste management facility a chemical in an amount greater than or equal to 100 pounds annually in the case of metals or metal compounds or 2,000 pounds annually for any other chemical. Authorizes the EPA Administrator to establish lower thresholds for any chemical, user segment, or facility. Permits authorized States to establish lower thresholds for facilities in their jurisdictions. Authorizes the Administrator to delete a carcinogen or reproductive toxin from the list under this Act if it is not otherwise listed under this Act or the Emergency Planning and Community Right-To-Know Act of 1986. Applies toxic chemical release reporting requirements to facilities employing at least ten full-time employees that are not currently subject to such requirements, but meet threshold reporting requirements under this Act or the Emergency Planning and Community Right-To-Know Act of 1986. Title II: Toxics Use Reduction - Requires owners or operators of covered facilities to submit: (1) annual toxics use reduction reports for each covered chemical for which such facilities are required to file toxic chemical release forms or supplemental information pursuant to title I; and (2) annual plans for reducing the use of covered chemicals. Sets forth report and plan requirements and submission deadlines. Authorizes the Administrator to modify such plans. Requires the Administrator to establish an advisory board to determine a professional code of practice for toxics use reduction materials accounting and planning. Directs owners or operators of facilities in violation of standards, permit conditions, or regulations pertaining to the management or release of covered chemicals, upon the request of 50 citizens or employees, to establish a workplace toxic use reduction committee to provide ongoing dialogue and appraisal of the progress toward pollution prevention. Requires the committee to meet at least quarterly to review a facility's progress on toxics use reduction. Directs the Administrator to implement a strategy to promote toxics use reduction. Requires the Administrator, Federal agencies, and States or political subdivisions, in issuing or approving regulatory action under specified environmental, consumer protection, occupational health and safety, and energy Acts, to make toxics use reduction an integral part of the planning, decisionmaking, and rulemaking process. Authorizes the Administrator to require owners or operators of facilities to provide records and information and grants the Administrator access to records, products, or raw materials. Requires the Administrator to establish a technical assistance and research program to promote and study toxics use reduction. Directs the Administrator to analyze information on production units reported by facilities for purposes of classifying such units into groups that use similar production processes and covered chemicals. Authorizes the Administrator to classify such units into groups on the basis of industrial categories according to Standard Industrial Classification codes. Requires the Administrator to: (1) classify ten groups, to be referred to as user segments; (2) evaluate the reduction in the use and generation of covered chemicals by each production unit in each user segment; and (3) prepare and make available to the public an annual percentile ranking of each unit according to use and generation as byproduct. Authorizes the Administrator to promulgate regulations to establish minimum toxics use reduction performance requirements for production units in user segments. Sets forth regulation requirements. Applies provisions of the Emergency Planning and Community Right-To-Know Act of 1986 concerning trade secrets, the provision of information to health professionals, and public availability of information to toxics information under this Act. Waives Federal facility compliance with toxics use reduction and reporting requirements upon the request of the Secretary of Defense and the President's determination that such waiver is in the interest of national security. Directs the Administrator to study and report to the appropriate congressional committees on methods of encouraging the reporting of toxics information through the use of computer telecommunication and other means. Requires the Director of the Office of Technology Assessment to study and report to the Administrator and the Congress on the provision to the public of toxic release inventory information and related information required to be submitted to the Administrator. Prescribes civil and administrative penalties for violations of toxics use reduction and reporting requirements. Sets forth provisions concering civil actions with respect to such violations. Requires the Administrator to establish a grant program to assist States and local governments in establishing innovative toxics use reduction programs. Directs States to make 75 percent of a grant available to local governments for carrying out toxics use reduction. Bases the awarding of grants on the extent to which chemical substances are manufactured, processed, used, and disposed of in a State, the extent of exposure to such substances in a State, and the population density of a State. Authorizes appropriations for such grants and for toxics use reduction under this Act. Requires the Administrator to: (1) implement a procurement policy that reduces, avoids, or eliminates the acquisition of agency procurement items made with or containing covered chemicals and hazardous secondary materials; and (2) make recommendations to the Congress for a national toxics use reduction procurement policy covering all procuring agencies, Federal facilities, and government contractors. Amends the Pollution Prevention Act of 1990 to increase the amounts authorized to be appropriated for functions under such Act and to increase and extend the authorization of appropriations for technical assistance grants to States. Title III: Waste Stream Reporting - Amends the Solid Waste Disposal Act to revise recordkeeping and reporting requirements for hazardous waste generators. Directs hazardous waste generators to report annually to the Administrator and authorized State agencies on the quantity of hazardous waste generated from each catastrophic event, remedial action, or one-time event not associated with production processes. Sets forth reporting requirements for generators of solid waste in amounts in excess of 11,000 pounds a month and for facilities managing solid and certain special wastes generated by fossil fuels combustion, mining, and activities involving cement kilns. Reqiures the Administrator to: (1) maintain publicly accessible databases for hazardous, solid, and special waste stream data reported under this Act; (2) make the data accessible on a cost reimbursable basis; and (3) report to the Congress on links between EPA databases and changes that would facilitate links between all major EPA operations.
United States · United States Congress · 11 July 1991
Affirms the U.S. commitment to implement the recommendations contained in the Amsterdam Declaration adopted by the International Forum on Population in the Twenty-First Century, in particular the recommendations that countries and donors: (1) increase their political commitment to population programs and policies and take into account the principles of the World Population Plan of Action of 1974; (2) contribute to the development of comprehensive population goals and objectives and take into account the review of population experience conducted by the United Nations Population Fund; (3) adopt integrated population, environmental, and natural resource management policies; (4) provide the financial resources to reach the medium variant population projection by the year 2000; (5) improve the role and status of women and ensure that women participate in and benefit from population and development activities; (6) ensure that population programs provide education and counseling for young people and promote their participation in development activities; (7) guarantee all individuals the right to decide the number and spacing of their children and ensure that they have the information and means to do so; (8) take into account the results of the Forum in the formulation of international development strategies for specified United Nations conferences; (9) support research for family planning and expedite distribution of existing methods; (10) respond positively to requests for population assistance and increase the proportion of development assistance going to population activities; (11) observe the priorities of, and harmonize, donor financial inputs and program procedures; and (12) coordinate population assistance with other donors. Urges all entities referred to in the Declaration to implement applicable recommendations. Sets forth the text of the Declaration.
United States · United States Congress · 10 July 1991
Amends the Federal Employees Pay Comparability Act of 1990, the Ethics in Government Act of 1978, and the Omnibus Budget Reconciliation Act of 1990 to make technical and miscellaneous changes. Makes technical and miscellaneous amendments to other civil service provisions, including those with respect to: (1) employment of specially qualified scientific and professional personnel; (2) employment of experts and consultants; (3) limitation on pay for the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service; (4) appointment and separation; (5) cash awards; (6) law enforcement officers; (7) the Pay Comparability System; (8) the General Schedule; (9) health care positions; (10) pay authority for critical positions; (11) Senior Executive Service pay; (12) premium pay; (13) travel and transportation expenses; (14) retirement; and (15) health insurance.
United States · United States Congress · 26 June 1991
Religious Freedom Restoration Act of 1991 - Prohibits any agency, department, or official of the United States or any State (the government) from burdening a person's exercise of religion even if the burden results from a rule of general applicability, except that the government may burden a person's exercise of religion only if it demonstrates that application of the burden to the person: (1) is essential to further a compelling governmental interest; and (2) is the least restrictive means of furthering that compelling governmental interest. Sets forth provisions pertaining to judicial relief, attorney's fees, and applicability.
United States · United States Congress · 26 June 1991
Amends the Employee Retirement Income Security Act of 1974 (ERISA) to provide that title I (Protection of Employee Benefit Rights) does not preempt any State law which provides for: (1) the payment of prevailing wages; or (2) standards or other requirements relating to apprenticeship or other training programs.
United States · United States Congress · 25 June 1991
Authorizes the Board of Regents of the Smithsonian Institution to plan and design an extension of the National Air and Space Museum at Washington Dulles International Airport. Authorizes appropriations.
United States · United States Congress · 13 June 1991
Amends the Internal Revenue Code to establish requirements for notifying charitable beneficiaries of charitable remainder trusts of their interests in such trusts, including copies of the pertinent parts of an estate tax return on which a charitable deduction is claimed. Establishes penalties if such notices are not filed. Requires each charitable remainder trust to which a contribution was deductible for Federal income, estate or gift tax purposes to file an annual information return on its financial condition, transactions, fiduciaries, beneficiaries, and other information necessary for the Internal Revenue Service (IRS) and beneficiaries to be adequately informed of its affairs. Expresses the sense of the Congress that the IRS undertake and maintain an audit program of all split-interest trusts whose assets exceed $10,000,000 (unless such trust has a foundation manager which is a beneficiary of a private foundation.) Disallows a deduction for a charitable contribution paid to a controlling organization by any controlled organization. Directs the IRS to make available to the public any notice requesting an audit of a charitable remainder trust. Authorizes the IRS to charge an audit notice fee.
United States · United States Congress · 6 June 1991
Medicare Preventive Benefits Act of 1991 - Amends part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act to provide for coverage of fecal-occult blood tests (FOBTs) and screening flexible sigmoidoscopies for the early detection of colorectal cancer. Covers FOBTs on an annual basis for individuals aged 50 or over. Covers screening sigmoidoscopies provided every five years for individuals aged 50 or over. Provides payment for FOBTs under the laboratory fee schedule, subject to a five dollar limit in 1992. Provides payment for screening sigmoidoscopies under the relative value scale in 1992. Permits the Secretary to modify the frequency criteria after 1994. Provides for Medicare coverage of annual influenza vaccinations and for tetanus-diptheria vaccinations administered every ten years. Provides for Medicare coverage up to age seven according to a frequency schedule to be established by the Secretary of Health and Human Services (HHS) in consultation with appropriate entities. Provides for Medicare coverage of annual screening mammography for the early detection of breast cancer for women over age 64. (Currently, such women are covered for such screening performed every other year.) Requires HHS demonstration projects for the coverage of additional specified preventive care services and reports to specified congressional committees on such projects. Authorizes appropriations. Authorizes an Office of Technology Assessment study and report to the Congress on the development of a process evaluating possible Medicare coverage of other preventive care services.
United States · United States Congress · 30 May 1991
Teacher Leadership Act of 1991 - Title I: Teacher Recruitment - Part A: University Partnerships for Classroom Leadership - Amends the Higher Education Act of 1965 (HEA) to create University Partnerships for Classroom Leadership. Authorizes the Secretary of Education (the Secretary) to make grants to qualifying institutions (including institutions with large enrollments of minority or disadvantaged and historically Black colleges or universities) to establish partnerships with local education agencies (LEAs) to support: (1) mentorship or tutoring programs; (2) cultural, recreational, or athletic activities; (3) programs of college students as teacher aides; (4) seminars or workshops to advise college students about child development, child psychology, teaching methods, or the teaching profession; and (5) other appropriate activities to establish a presence of minority role models in the classroom or encourage minority students to enter the teaching field. Requires equitable distribution of such grants throughout the Nation and among a variety of communities. Permits the use of grant funds for: (1) training of college students and professors and school teachers; (2) instructional or curriculum materials; (3) transportation or incidental costs associated with participation; and (4) any other appropriate expenses of planning, implementing, or operating the partnership with the LEA. Authorizes appropriations. Part B: Community Partnerships for Classroom Leadership - Creates a National Mini Corps Program for higher education institution partnerships with the migrant community. Authorizes the Secretary to award grants to such institutions to establish partnerships to provide certain migrant college students with training to help them serve as student or teacher role models, links to the community, and tutors and teachers of migrant children. Provides for equitable distribution of grants. Allows the use of grant funds for program planning, implementation, and operation, but limits the portion that may be used for administrative expenses. Authorizes appropriations. Part C: National Job Bank for Teacher Recruitment Study and Demonstration - Establishes a National Job Bank for Teacher Recruitment. Directs the Secretary, through the Office of Educational Research and Improvement (OERI), to study the feasibility of establishing: (1) a clearinghouse to operate a national teacher job bank; and (2) regional clearinghouses. Directs the Secretary, through OERI, to contract with one or more State entities, nonprofit organizations, or higher education institutions to pay the Federal share of costs of establishing a Teacher Job Bank Clearinghouse to help: (1) public and private education agencies locate qualified applicants for teaching-related positions; and (2) individuals locate teaching-related jobs or training necessary to enter the teaching profession. Authorizes appropriations. Title II: Broadening the Diversity of Skills and Expertise of Teachers - Part A: Business Partnerships for Classroom Leadership - Authorizes the Secretary to make grants to LEAs to establish model partnerships with business community representatives to sponsor programs for: (1) local business representatives to work with teachers to provide supplementary instruction in the classroom; (2) classroom teacher internships working in local businesses to gain practical experience or new skills or expertise; (3) local business representatives to work with school administrators to develop instructional material; and (4) other appropriate activities for forming a working relationship between business and classroom leaders. Provides for equitable distribution of grants. Gives priority to partnerships focusing on mathematics or science expertise of classroom teachers, particularly at the elementary level. Allows awards only to partnerships of sufficient size and scope to be models. Allows use of funds for partnership planning, implementation, and operation, but limits the portion which may be used for administrative costs. Authorizes appropriations. Part B: Teacher Certification and Licensure - Establishes Standards for Teacher Certification programs to provide Federal support and technical assistance to States to: (1) review their teacher certification and licensure requirements; and (2) determine what new standards or alternative routes need to be developed. Directs the Secretary to make State allotments based on population of children ages five through 17. Directs the Secretary to reserve a portion of funds to provide technical assistance to States which are developing new standards or alternative routes for teacher certification and licensure. Allows States to use assistance for review of existing standards and development of new standards and alternative routes for teacher certification and licensure. Allows States to carry out such activities directly or through grants to appropriate agencies, institutions, or organizations. Authorizes appropriations. Title III: Innovations in the Practice of Teaching - Part A: CLASS (Classroom Leaders Assisting Students to Succeed) Academies - Replaces professional development resource centers for teachers with CLASS (Classroom Leaders Assisting Students to Succeed) Academies. Directs the Secretary to award grants to LEAs, State educational agencies, higher education institutions, private management organizations, or nonprofit organizations, or consortia of such entities, to establish and operate a CLASS Academy in each State. Requires that special consideration in awarding grants be given to entities receiving Leadership in Educational Administration Development assistance which can meet specified requirements. Sets forth grantee obligations and general criteria for grants. Requires each grant to be for five years, with possible renewal for one additional five-year period. Allows the use of grant funds for: (1) developing and implementing preservice and in-service training programs and professional development activities for prospective and practicing teachers, including summer institutes; (2) providing support services, consultation, and technical assistance for school-based training and professional development activities; (3) disseminating information about Academy programs and the latest research findings on teaching and learning; and (4) other appropriate expenses related to development and implementation of teacher programs and activities and Academy operation. Authorizes appropriations. Directs the Secretary, from appropriations for this part for FY 1992 or any succeeding fiscal year, to make available a necessary amount for establishing and operating a CLASS Academy in each State. Sets the non-Federal matching amount at 25 percent of the award to a grantee in FY 1992, and 50 percent in succeeding fiscal years. Part B: Research, Evaluation, and Dissemination - Authorizes the Secretary to make grants to and contracts with higher education institutions and other public or private organizations for research and evaluation of alternative teaching strategies, including ones designed to reach particular student populations (such as those who are disadvantaged or who have disabilities or limited English proficiency), and innovative programs for teacher education and training. Authorizes appropriations. Directs the Secretary, through the National Diffusion Network, to disseminate information and technical assistance with respect to alternative teaching strategies to LEAs, higher education institutions' teacher training programs, and CLASS Academies. Authorizes appropriations.
United States · United States Congress · 29 May 1991
Medicaid Family Care Act of 1991 - Amends title XIX (Medicaid) of the Social Security Act to provide federally reimbursed Medicaid coverage of alcoholism and drug dependency residential treatment services for pregnant women whose family income is below 185 percent of the Federal poverty level and for their Medicaid-eligible children and spouses. Lists the required services included in such coverage as: (1) individual, group, and family counseling and addiction education and treatment; (2) room and board in a structured environment with on-site supervision 24 hours a day; (3) child day health services; (4) parental assistance in obtaining developmental assistance for their preschool children and public education for themselves and their school-age children; (5) easier access to apppropriate health, social, and child care services; and (6) planning and assistance in reentering society. Requires that such coverage continue for at least 12 months (unless such coverage is found to be no longer therapeutically necessary, except that the coverage of pregnant women must continue for one year following the end of pregnancy. Limits the size of a residential treatment facility to no more than 40 beds, except under prescribed conditions.
United States · United States Congress · 23 May 1991
National Institute of Nursing Research Act - Amends the Public Health Service Act to redesignate the National Center for Nursing Research as the National Institute of Nursing Research. Includes the Institute in the list of national research institutes of the National Institutes of Health.
United States · United States Congress · 2 May 1991
Amends Federal law relating to the Martin Luther King, Jr. Federal Holiday Commission to: (1) increase its membership from 23 to 30 and its staff membership from five to eight; (2) increase the potential salary of a staff member from a GS-13 to a GS-15; and (3) authorize appropriations for FY 1992 through 1993.
United States · United States Congress · 2 May 1991
Live Performing Arts Labor Relations Amendments - Amends the National Labor Relations Act to exclude specified types of employers and performers in the live performing arts from coverage under unfair labor practice provisions: (1) prohibiting specified contracts or agreements between employers and labor organizations; and (2) prohibiting specified actions of labor organizations to force or require cessation of dealings with others, joining of labor or employer organizations, or recognition of or negotiation with labor organizations not certified as representative. Permits such employers to: (1) agree with a labor organization to make membership in it a condition of performing arts employment; and (2) make agreements with a labor organization covering performing artists even if its majority status has not yet been established. Defines "employer" to include purchasers of live musical performance services. Defines "employee" to include independent contractors engaged to perform live musical services.
United States · United States Congress · 2 May 1991
Title I: Preconditions for the Receipt by China of Nondiscriminatory Treatment - Prohibits the President from recommending for a 12-month period in 1992 continuation of a waiver of human rights and emigration requirements for nondiscriminatory treatment (most-favored-nation treatment) for China under the Trade Act of 1974 unless a specified report is submitted to the Congress stating that China has accounted for and released prisoners who dissented in Tiananmen Square on June 3, 1989 and made progress in: (1) preventing gross violations of human rights (including in Tibet); (2) ending religious persecution and releasing members of religious groups who were detained for their religious beliefs; (3) removing restrictions there and in Tibet on freedom of the press and on broadcasts by Voice of America; (4) terminating harassment of Chinese citizens in the United States, including the return and renewal of passports confiscated for prodemocracy activities; (5) ensuring access of international human rights monitoring groups to prisoners; (6) ensuring freedom from torture and from inhumane prison conditions; (7) terminating prohibitions on peaceful assembly and demonstration imposed after June 3, 1989; and (8) adhering to the Joint Declaration on Hong Kong. Requires the President, if he recommends such extension, to include in a specified document to be submitted to the Congress a report on China's progress in implementing the above-mentioned measures.
United States · United States Congress · 1 May 1991
Coach and Athlete's Bill of Rights - Prohibits the National Collegiate Athletic Association (NCAA) from taking any action against any coach or player for a team associated with the NCAA or against an institution of higher education associated with the NCAA without due process. Directs the NCAA to adopt rules to provide due process or else it shall be prohibited from imposing sanctions or penalties limiting interstate commerce telecommunications of such sporting events. Directs the Secretary of Commerce to report to the Congress on the impact of NCAA sanctions upon telecommunications and commercial activities of intercollegiate sporting events and the revenue loss caused by such sanctions.
United States · United States Congress · 30 April 1991
Morris K. Udall Wilderness Act of 1991 - Designates specified lands in Alaska as the Arctic Coastal Plain Wilderness and a component of the National Wilderness Preservation System.
United States · United States Congress · 18 April 1991
National Training Center for Afro-American Museum Professionals Act - Directs the Secretary of the Interior, acting through the National Park Service, to: (1) provide for the operation and maintenance of, and technical assistance for, the National Afro-American Museum and Cultural Center (the Museum), in Wilberforce, Ohio; and (2) construct a National Training Center at the Museum to prepare professionals for our Nation's museums. Authorizes appropriations for such purposes. Directs the Secretary of Education, acting through the Museum, to: (1) contract with a consortium of institutions of higher education to implement a program of Afro-American professional museum studies at such National Training Center of the Museum; and (2) provide scholarships and loans for students in those studies. Authorizes appropriations. Terminates the National Afro-American History and Culture Commission (established by the National Center for the Study of Afro-American History and Culture Act) 30 days after the enactment of this Act. Provides that ultimate governance of the Museum shall rest with a Board of Governors established by the Congress in consultation with the State of Ohio.
United States · United States Congress · 17 April 1991
United States Peace Tax Fund Act - Amends the Internal Revenue Code to establish in the Treasury the United States Peace Tax Fund (Fund) to receive payments designated on the tax returns of qualified individuals to be used for nonmilitary purposes. Directs the Secretary of the Treasury to report annually to the Congress on amounts transferred into the Fund. Requires the information to be printed in the Congressional Record. Permits conscientious objectors to designate on their income tax returns that any tax liability be paid into the Fund. Makes this designation procedure available to any individual who has demonstrated himself or herself, by reason of religious training and belief, to be opposed to participation in war in any form. Requires that each publication of general instructions accompanying income tax returns include specified information about the Fund, including the purposes of the Fund and the criteria governing one's eligibility to designate tax payments for it. Requires every taxpayer who makes such a designation for any taxable year to file a questionnaire return for the purpose of determining whether the taxpayer is an eligible individual. Permits the setting aside of criminal or civil penalties imposed upon a taxpayer for nonpayment of tax prior to 1990 if the taxpayer pays the tax due (with interest) and establishes to the satisfaction of the Secretary of the Treasury that the nonpayment was due to religious beliefs. Authorizes corresponding procedures in connection with estate and gift tax payments, under conditions prescribed by the Secretary of the Treasury. Directs the Comptroller General to determine the percentage of actual appropriations made by the United States from the Federal budget during the preceding year for military purposes. Requires publication of this information in the Congressional Record. Establishes a United States Peace Tax Fund Board of Trustees to distribute funds for eligible nonmilitary activities and research. Directs the Board to publish regulations to govern applications for funds. Authorizes appropriations.
United States · United States Congress · 10 April 1991
American Employees Equity Act of 1991 - Amends title VII (Equal Employment Opportunities) of the Civil Rights Act of 1964 to include U.S. citizens employed in a foreign country in the definition of "employee." Declares that it is not unlawful to take an action, with respect to an employee in a foreign country, which would otherwise be prohibited by certain unlawful employment practice provisions of such title, if compliance with those provisions would violate the law of the foreign country. Declares that: (1) any practice prohibited by such provisions engaged in by an employer who controls a corporation incorporated in a foreign country is presumed to be engaged in by the employer; and (2) those provisions do not apply to the foreign operations of a foreign employer which is not controlled by an American employee.
United States · United States Congress · 10 April 1991
First-Time Home Buyer's Act of 1991 - Amends the Internal Revenue Code to spread over a ten-year period the taxation of up to $5,000 of individual retirement plan distributions used by a first-time homebuyer within 90 days to purchase, construct, or reconstruct a dwelling that will be used as the taxpayer's principal residence for at least three years.
United States · United States Congress · 9 April 1991
Urban Schools of America (USA) Act of 1991 - Title I: Urban School Improvement - Authorizes appropriations for this title. Directs the Secretary of Education (the Secretary) to reserve five percent of specified funds for competitive grant awards to exemplary school programs. Directs the Secretary to allot, from remaining amounts, to each eligible local educational agency (LEA) with an approved application an amount based on that LEA's relative allocation under certain provisions of the Elementary and Secondary Education Act of 1965 for education of disadvantaged children (ESEA title I chapter 1). Provides for annual payments to eligible LEAs with approved applications if they comply with certain data collection requirements to monitor progress toward meeting national education goals, and demonstrate such progress. Requires each such LEA to reserve up to five percent of its allotment to make as many grants as practicable, for authorized activities, to community-based organizations or nonprofit partnerships between the LEA and a city-wide collaborative of private sector businesses. Sets limits on the time and the amount of funds to be used for planning purposes. Requires LEAs to use funds under this title to meet national education goals through programs designed to: (1) increase the academic achievement of urban school children to at least the national average; (2) prepare all urban children for school; (3) increase the graduation rates of urban students to at least the national average; (4) prepare urban school graduates to enter higher education, pursue careers, and exercise their responsibilities as citizens; (5) recruit and retain qualified teachers; and (6) decrease the use of drugs and alcohol by urban students, and enhance their physical and emotional health. Sets forth program accountability requirements: (1) in general, for initial grants, renewal grants, and renewal of school participation; (2) for achievement, including demonstration of improvement; and (3) for data collection to monitor progress in achieving national education goals. Authorizes the Secretary to make, from reserved funds, competitive incentive awards to individual schools participating in projects assisted under this title that demonstrate exemplary progress in meeting specified program requirements. Directs the Secretary, by January 1, 1993, to report on the impact of Federal regulations, guidelines, and policies on urban public schools. Requires LEAs desiring to receive an allotment under this Act to establish a local advisory group to: (1) advise on design and conduct of a needs assessment for participating schools; (2) assist in planning for community-wide collaboration in service delivery for youths in participating schools; (3) advise the LEA and the community on how they can work together to use multiple service providers; (4) advise and assist program implementation and review program evaluation; (5) review and approve community-based organizations' applications; (6) advise on strategies for increasing parental involvement and the number of school volunteers and role models; and (7) review community-based programs' progress or national education goals. Allows use of a comparable existing local advisory group to comply with such requirement. Sets forth special rules relating to ranking of schools to determine relative need, in general, on the basis of achievement, poverty, and racial isolation. Requires each LEA receiving a grant to serve between ten and 20 percent of its schools. Requires eligible LEAs to have flexibility to serve homeless children, desegregating students, immigrants, migrants, or other highly mobile populations, within the program assisted under this title. Deems any approved program for any school served under certain ESEA title I chapter 1 provisions to be sufficient to meet the application and program accountability requirements of this title. Title II: School Building Repair and Renovation - Authorizes appropriations to assist eligible LEAs in repairing and renovating instructional facilities in city schools. Directs the Secretary to reserve one percent of such funds for monitoring activities under this title. Directs the Secretary to allot the remainder to eligible LEAs, which shall use such allotment for programs for school building repair and renovation and for programs for school environmental concerns and safety improvement. Directs the Secretary to allocate such funds on the basis of the number of: (1) children from families below the poverty line; (2) school buildings used for instructional purposes; and (3) school buildings more than 25 years old used for instructional purposes. Limits the period covered by a grant application to three years, and requires annual review by the Secretary. Lists types of programs eligible LEAs must conduct with their allotments for: (1) repair and renovation of school buildings; and (2) improvements related to environmental concerns and safety. Title III: Urban School Research - Authorizes appropriations, to carry out this title, for the National Institute for Urban Education (the Institute), established in the Department of Education by this title. Amends the Department of Education Organization Act to create an Assistant Secretary for Urban Education (the Assistant Secretary), who is to establish the Institute in the Department. Directs the Assistant Secretary to: (1) reserve 20 percent of funds for this title for operation of the Institute; and (2) from the remainder of such funds, make allotments to eligible LEAs on the basis of numbers of students. Directs the Institute to: (1) evaluate and disseminate results of activities under title I; (2) conduct research in urban education; (3) serve as a clearinghouse on urban education research findings, policies, and practices; (4) assist LEAs in developing research and evaluation to assess progress toward meeting national education goals; (5) provide training in research and evaluation; (6) design a research and evaluation strategy for assessing progress under this Act; and (7) design and test both common indicators and new multiple-measures of progress toward national education goals. Provides for an Institute Governing Board. Allows LEAs to use of funds under this title for: (1) collaborative and coordinated research and evaluation of educational techniques or approaches in multiple cities served by eligible LEAS; (2) evaluation of projects assisted under title I; (3) dissemination of information on successful projects and approaches under title I; (4) design and implementation of programs for LEA technical assistance to individual schools and teachers involved in title I projects; (5) data and information management services for schools participating in a title I program; (6) staff training in such schools; and (7) evaluation of progress in meeting national educational goals by LEAs receiving assistance under this Act; (8) staff training in test interpretation and use for diagnostic purposes; (9) information for parents on test results and interpretation; (10) research and evaluation technology and training; (11) tools for assessment of students in individualized instruction; (12) research on school policies and practices that may be barriers to student success; and (13) new, multiple, alternative assessments of student progress. Title IV: General Provisions - Establishes the Interagency Council on Urban Schools to: (1) review Federal programs to determine effects on urban schools' ability to meet national education goals; (2) track school progress toward such goals; (3) solicit advice and information for urban education experts and urban school representatives on improvement of Federal programs; (4) review Federal regulations for duplication or contradiction; (5) report annually to the Congress and the President on urban school progress; (6) review and recommend improvement or streamlinig of Federal data collection in urban schools; and (7) conduct research to help urban school practitioners improve school performance. Directs the President to conduct a White House Conference on Urban Education before October 30, 1992. Requires the Conference to: (1) develop recommendations and strategies for improving urban education; (2) marshal the forces of the private sector, governmental agencies at all levels, parents, teachers, communities, and education officials to assist urban schools in meeting national goals; and (3) conduct initial planning for a permanent national advisory commission on urban education. Requires a report to the President. Authorizes appropriations for such Conference. Establishes a National Commission on Urban Education (the Commission). Directs the Commission to: (1) study specified issues relating to urban schools; and (2) report, and recommend changes in Federal legislation, to the President and appropriate congressional committees. Terminates the Commission three years after its first meeting. Authorizes appropriations for the commission. Requires eligible LEAs to use Federal funds received under this Act only to supplement but not supplant non-Federal funds.
United States · United States Congress · 22 March 1991
Amends the Employee Retirement Income Security Act of 1974 to provide that title I (Protection of Employee Benefit Rights) does not preempt actions under State law against insurers who engage in unfair insurance claims practices.
United States · United States Congress · 20 March 1991
Violence Against Women Act of 1991 - Title I: Safe Streets for Women - Safe Streets for Women Act of 1991 - Subtitle A: Mandatory Restitution, Treatment, and Rehabilitation for Sex Offenses - Requires that a court order restitution, treatment, and rehabilitation for violations of Federal sexual abuse laws, including participation in a psychotherapeutic treatment program by a licensed therapist for specified persons who committed sexual or sexual-related offenses. Specifies that: (1) the treatment program shall be designed to rehabilitate the affected person and to deter such person from committing a sexual offense after being released from the institution; and (2) treatment for a substance abuse-related condition shall be made available to such person in addition to, but not as a substitute for, counseling under such program. Sets forth provisions with respect to the period of treatment, the requirement of a complete forensic psychological assessment prior to the commencement of the treatment program, termination of treatment, supplemental chemical treatment (but the affected person may refuse to participate, or continue to participate, in supplementary chemical treatment), and the responsibilities of the Attorney General (such as contracting for treatment and documenting subsequent criminal sexual abuse). Directs the Attorney General to establish an advisory committee on therapeutic treatment for sex offenders. Authorizes appropriations. Subtitle B: Law Enforcement and Prosecution Grants to Reduce Violent Crime Against Women - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to require the Director of the Bureau of Justice Assistance to make grants to areas of high intensity crime against women. Requires that the grants be used for personnel, training, technical assistance, data collection, and other equipment for the more widespread apprehension, prosecution, and adjudication of persons committing violent crimes against women. Authorizes the Director to make grants to States, for use by States and their subdivisions, to be used for the same purposes as the high intensity area grants and to reduce the rate of violent crimes against women. Authorizes the Director to make general grants to: (1) States to reduce violent crimes against women; and (2) Indian tribes to reduce violent crimes against women in Indian country. Authorizes the Director, in addition to the grants under this subtitle, to direct any Federal agency, with or without reimbursement, to use its authorities and resources in support of State and local assistance efforts. Authorizes appropriations. Bars any State or other grantee (recipient) from receiving funds under this title unless such recipient incurs the full cost of forensic medical exams for victims of sexual assault when such exams are required under this title. Specifies that a recipient does not incur the full medical cost of such exams if it chooses to reimburse the victim after the fact unless the reimbursement program waives any minimum loss or deductible requirement, provides victim reimbursement within a reasonable time (90 days), permits applications for reimbursement within one year from the date of the exam, and provides information to all subjects of such exams about how to obtain reimbursement. Subtitle C: Safety for Women in Public Transit and Public Parks - Directs the Secretary of Transportation, from funds authorized under existing provisions, to make capital grants for the prevention of crime and to increase security in existing and future public transportation systems. Authorizes the Secretary to make grants and loans to States and local public bodies to increase the safety of public transportation through lighting, camera surveillance, security phones, or other projects. Sets the Federal share of each project at 90 percent of the net cost. Directs the Secretary to provide grants and loans to study ways to reduce violent crimes against women in public transit through better design or operation of public transit systems. Amends the National Park System Improvements in Administration Act to authorize the Secretary of the Interior to provide assistance to reduce violent crime in the National Park System (NPS). Provides for the compilation of a list of areas within the NPS with the highest rates of violent crime. Allows funds to be used, around public parks and recreation areas, for increasing lighting, providing emergency phone lines, increasing security or law enforcement personnel, and any other project to increase security and safety. Amends the Land and Water Conservation Act of 1965 to direct the Secretary of the Interior to provide grants for capital improvements and other measures to increase safety in public parks and recreation areas. Subtitle D: National Commission on Violent Crime Against Women - Establishes the National Commission on Violent Crime Against Women to promote a national policy on violent crime against women and to make recommendations on reducing such crime. Authorizes appropriations. Terminates the Commission after submission of its final report, subject to extension by the President for up to one more year. Subtitle E: New Evidentiary Rules - Amends the Federal Rules of Evidence to exclude, notwithstanding any other provision of law and in criminal cases other than a sex offense case, reputation or opinion evidence of the past sexual behavior of a victim from admission into evidence. Allows other types of evidence of a victim's past sexual behavior in accordance with specified procedures if its probative value outweighs the danger of unfair prejudice. Makes reputation or opinion evidence of the plaintiff's past sexual behavior, notwithstanding any other provisions of law, inadmissible in a civil action involving allegations of actionable sexual misconduct. Makes other types of evidence of a plaintiff's past sexual behavior admissible in accordance with specified procedures if its probative value outweighs the danger of unfair prejudice. Defines actionable sexual misconduct to include sex harassment or discrimination claims under title VII (Equal Employment Opportunity) of the Civil Rights Act of 1964 and gender bias claims under title III of this Act. Makes evidentiary rulings made under specified Federal Rules of Evidence relating to sex offense cases and the relevance of a victim's past behavior subject to interlocutory appeal by the Government or by the alleged victim. Allows the alleged victim to waive those rules if the prosecution seeks to offer evidence of prior sexual history. Makes evidence of an alleged victim's clothing, notwithstanding any other provision of law and in a criminal case under Federal laws relating to sexual abuse, inadmissible to show the victim incited or invited the offense. Subtitle F: Assistance to Victims of Sexual Assault - Amends the Public Health Service Act (PHSA) to allow States to use amounts transferred by the State under block grant provisions for rape prevention and education programs conducted by rape crisis centers or similar nongovernmental nonprofit entities. Authorizes appropriations. Removes a requirement that a minimum amount from the block grants under the PHSA be allotted to States on the basis of population. Authorizes the Secretary of Health and Human Services (Secretary) to make grants for research and service demonstration projects to develop and evaluate techniques for lowering the overall incidence of rape by 20 percent by the year 2000 and for reducing the trauma and long-term impact of rape. Authorizes appropriations. Title II: Safe Homes for Women - Safe Homes for Women Act - Subtitle A: Interstate Enforcement - Provides for a Federal term of imprisonment or fine, in addition to any State penalties, for any person who travels or causes another (including the intended victim) to travel across State lines or in interstate commerce with intent to injure a spouse or intimate partner and who, during the travel or thereafter, injures his or her spouse or intimate partner in violation of a criminal law of the State where the injury occurs, or in violation of a State protection order. Provides for temporary protection orders while a case under these provisions is pending. Mandates that a court order restitution to the victim of an offense under this Act. Requires, provided certain conditions are met, that a protection order issued by the court of one State be accorded full faith and credit by the court of another State. Makes a protection order issued against a person who filed a written pleading for protection not entitled to full faith and credit if no cross or counter petition, complaint, or other written pleading was filed seeking such a protection order or, if a cross or counter petition was filed, the court did not specifically find each party entitled to such an order. Subtitle B: Arrest in Spousal Abuse Cases - Amends the Family Violence Prevention and Services Act (FVPSA) to authorize the Secretary to make grants, with regard to spousal abuse, to: (1) implement pro-arrest programs and policies in police departments and improve case tracking; (2) centralize and coordinate police enforcement, prosecution, or judicial responsibility for cases in one group of officers, prosecutors, or judges; and (3) educate judges to improve judicial handling of cases. Directs the Secretary to delegate to the Attorney General responsibility to carry out these provisions. Authorizes appropriations. Subtitle C: Funding for Shelters - Amends the FVPSA to authorize appropriations to carry out that Act, earmarking at least 85 percent of funds appropriated for States, and at least ten percent for Indian tribes and tribal organizations, for grants (under current law, demonstration grants) to prevent family violence and provide immediate shelter and related assistance. Limits the percentage which may be used to provide training and technical assistance to State, Indian tribal, and local domestic violence programs and to other professionals who provide services to victims of domestic violence. Subtitle D: Family Violence Prevention and Services Act Amendments - Amends the FVPSA to: (1) specify that the purpose of such Act is to increase public awareness of, as well as to prevent, family violence, and to provide for training to the courts, and legal, social service, and health professionals (current law specifies only local public agencies, nonprofit private organizations, and others seeking such assistance); and (2) grant preference in the distribution of funds to States that give special emphasis to projects including counseling and self-help services to victims and their children (current law covers counseling, alcohol and drug abuse treatment, and self-help services to abusers and victims.) Directs the Secretary to provide for the funding of domestic violence coalitions that shall further the purposes of domestic violence intervention and prevention through activities such as: (1) working with judicial and law enforcement agencies to encourage appropriate response to domestic violence cases and specified issues, such as the use of mandatory arrest of accused offenders and the use of interstate extradition in cases of domestic violence crimes; (2) working with family law judges, Child Protective Services agencies, and children's advocates to develop appropriate responses to child custody and visitation issues in domestic violence cases, and where domestic violence and child abuse are both present; and (3) conducting public education campaigns regarding domestic violence through the use of public service announcements and informative materials designed for print and electronic broadcast media, billboards, and public transit advertising. Authorizes appropriations. Sets forth provisions with respect to the allotment of funds. Requires: (1) that any State domestic violence coalition have standing to challenge whether a grantee is in compliance with the eligibility requirements, or to seek enforcement, of provisions of the FVPSA; and (2) that each such coalition submit a report to the Secretary detailing the coordination, training, technical assistance, and public education services performed, and evaluating the effectiveness of such services. Raises the limit on funding of grants in any fiscal year to any single entity (other than to a State) to $75,000 (currently, $50,000, and a $150,000 limit on the total amount of such grants to any such single entity). Modifies provisions with respect to grants to entities other than States to require that the local share as a proportion of the total amount of funds provided under such Act to the project involved be 35 percent for new programs for the first year of the program and 20 percent for each year therafter for existing programs. (Current law specifies 35 percent in the first year such project receives a grant under such Act, 55 percent in the second such year, and 65 percent in the third such year.) Repeals a provision requiring that a specified portion of State demonstration grant funds for preventing, and assisting victims of, family violence be distributed to provide shelter for victims. Includes shelter as "related assistance" that may be funded under grants for such purposes, as well as medical services, legal assistance, technical assistance with respect to obtaining financial assistance under Federal and State programs, employment training, and educational and preventive health services. Increases the minimum allotment to States for grants under the FVPSA. Requires the General Accounting Office, within 120 days, to complete a study of, and submit to the Congress a report and recommendations on, problems of recordkeeping of criminal complaints involving domestic violence. Directs the Secretary to: (1) award to not less than ten States model State leadership grants for domestic violence intervention; and (2) provide grants or contracts with public or private nonprofit organizations for the establishment and maintenance of a national resource center and six specialty resource centers focusing on one or more specified issues of concern to domestic violence victims. Sets forth eligibility requirements, funding provisions, and, with respect to the latter, reporting requirements. Subtitle E: Confidentiality for Abused Persons - Requires the Postmaster General to promulgate regulations to secure the confidentiality of abused persons' addresses. Title III: Civil Rights - Declares that all persons within the United States shall have the same rights, privileges, and immunities in every State as are enjoyed by all other persons to be free from crimes of violence motivated by the victim's gender (defined as any crime of violence, including rape, sexual assault, sexual abuse, abusive sexual contact, or any other crime of violence committed because of or on the basis of gender). Makes any person, including a person who acts under color of any statute, ordinance, regulation, custom, or usage of any State, who deprives another of the rights, privileges, and immunities secured by the Constitution and laws as enumerated by this Act liable to the injured party in an action for compensatory and punitive damages, injunctive and declaratory relief, or other relief as the court deems appropriate. Amends the Civil Rights Attorney's Fees Awards Act of 1976 to allow the awarding of attorney's fees in actions to enforce this title. Title IV: Safe Campuses for Women - Safe Campuses for Women Act - Amends the Higher Education Act of 1965 to authorize the Secretary of Education to make, on a competitive basis, grants to and contracts with institutions of higher education for rape education and prevention programs. Requires that the grants be used to educate and provide support services to student victims of rape or sexual assault, with 25 percent of the funds available for model demonstration programs for rape prevention and education curricula and for local programs to provide services to student rape victims. Authorizes appropriations to carry out title X (Fund for the Improvement of Postsecondary Education) of the Act. Amends the General Education Provisions Act to add sexual assault to the list of criminal offenses about which statistics must be disclosed by institutions participating in certain programs. Title V: Equal Justice for Women in the Courts - Equal Justice for Women in the Courts Act - Subtitle A: Education and Training for Judges and Court Personnel in State Courts - Authorizes the State Justice Institute to make grants for model programs to be used by States in training judges and court personnel in State laws on rape, sexual assault, domestic violence, and other crimes of violence motivated by the victim's gender. Authorizes appropriations. Requires the State Justice Institute to expend at least: (1) 40 percent of appropriated funds on programs regarding domestic violence; and (2) 40 percent on programs regarding rape and assault. Subtitle B: Education and Training for Judges and Court Personnel in Federal Courts - Directs the Federal Judicial Center to study and report on the nature and extent of gender bias in the Federal courts. Requires the Center to develop and disseminate model programs to be used in training Federal judges and court personnel in the laws on rape, sexual assault, domestic violence, and other crimes of violence motivated by the victim's gender. Authorizes appropriations. Requires between 25 and 40 percent of such funds to be used for the study required by this subtitle.
United States · United States Congress · 20 March 1991
Amends the General Education Provisions Act to deny funds to educational programs of entities that have policies allowing an individual to inflict corporal punishment or bodily pain upon a child as a form of punishment. (Makes exceptions for reasonable and necessary uses of physical restraint to: (1) protect self, a child, or others from physical injury; (2) obtain possession of a weapon or other dangerous object; or (3) protect property from serious damage.)
United States · United States Congress · 20 March 1991
Telecommunications Equipment Research and Manufacturing Competition Act of 1991 - Amends the Communications Act of 1934 to authorize any Bell Telephone Company (BTC), through an affiliate of such company, to manufacture and provide telecommunications equipment, except that no BTC may engage in such manufacturing with an unaffiliated BTC or affiliates thereof. Allows such manufacturing or provision to be conducted only through an affiliate that is separate from any BTC. Requires the Federal Communications Commission (FCC) to prescribe regulations to ensure that: (1) such manufacturing affiliate maintains separate accounts and records from its affiliated BTC which identify all financial transactions with the BTC; (2) neither a BTC nor any of its non-manufacturing affiliates carry out sales, advertising, installation, production, or maintenance operations for a manufacturing affiliate, except under specified conditions, such manufacturing affiliate conducts all of its manufacturing activity within the United States and uses component parts manufactured in the United States unless specified requirements regarding good faith efforts to obtain such component parts in the United States and domestic content are met; (3) such affiliate incurs debt entirely separate from and without recourse against the affiliated BTC; (4) such affiliate shall not be required to operate separately from any other affiliates of its BTC; (5) if an affiliate of a BTC becomes affiliated with a manufacturing entity, it shall be treated as a manufacturing affiliate of the BTC; (6) such affiliate shall make available any telecommunications equipment manufactured by such affiliate to any purchasing carrier, so long as each such purchaser does not manufacture such equipment or agrees to make available to the BTC or any of its affiliates any telecommunications equipment manufactured by such purchasing carrier or any of its affiliates for use with the public telecommunications network by such carrier or any of its affiliates; and (7) such affiliate shall not discontinue or restrict sales to other local exchange telephone companies of any telecommunications equipment until arrangements are made to provide to them the specifications, plans, and tools to allow them to arrange for the manufacture of such equipment by another entity. Directs the FCC to require that each BTC maintain and file with the FCC complete information with respect to the protocols and technical requirements for connections with and use of its telephone exchange service facilities. Prohibits a BTC from disclosing any such information to its affiliates unless such information is immediately so filed. Requires any two or more carriers providing regulated telephone exchange service in the same area to notify each other of the deployment of telecommunications equipment. Requires the FCC to ensure that manufacturers in competition with a BTC's manufacturing affiliate have access to information with respect to the protocols and technical requirements for connection with and use of its telephone exchange service facilities required for such competition that such BTC makes available to its affiliate. Requires the FCC to prescribe regulations to require any BTC which has a manufacturing affiliate to: (1) provide to other manufacturers of telecommunications equipment and customer premises equipment that is functionally equivalent to equipment manufactured by BTC affiliates opportunities to sell such equipment to such BTC which are comparable to opportunities the BTC provides to its affiliates; (2) not subsidize its manufacturing affiliate with revenues from its regulated telecommunications service; and (3) only acquire equipment from its manufacturing affiliate at the open market price. Allows a BTC and its affiliates to engage in close collaboration with any manufacturer of customer premises or telecommunications equipment during the design and development of hardware and software relating to such equipment.
![Official portrait of Rep. Clay, William (Bill) [D-MO-1]](https://www.congress.gov/img/member/c000488_200.jpg)