United States · United States Congress · 12 March 1992
Expresses the sense of the Congress that, consistent with national sovereignty considerations, the position of the United States at the United Nations Conference on Environment and Development should: (1) place the highest priority on the success of the Conference by participating actively, particularly through the personal participation of the President; (2) negotiate international agreements that effectively reduce the threat of climate change and biological diversity loss; (3) propose or support an initiative on financing global environmental cooperation efforts that takes into account the additional costs of international environmental protection and the basic development goals of developing countries and increases accountability for the use of funds provided for environmental purposes; (4) seek to advance the development of a stronger international legal framework and the creation of appropriate institutional mechanisms for protecting the global environment; (5) promote public participation in environmental and development decisions at all levels; and (6) support new programs and institutions to help developing countries become more energy efficient and otherwise increase their capacity for acquiring and using technology to make their economies more environmentally sustainable, global goals of slowing deforestation of primary forests, the creation of a global action plan to raise the status of women, the development of new agreements to eliminate land-based sources of marine pollution, a process of international consultations aimed at identifying ways that poverty can be alleviated and natural resources better conserved through reduction of developing country debt burdens, the development of a reformed system of national accounting that would reflect full economic costs of environmental and resource degradation and the benefits of the sustainable use of natural resources, and programs that provide maternal and child health care, education and training especially for women, and voluntary family planning.
United States · United States Congress · 12 March 1992
Congratulates: (1) the people of Venezuela on their commitment to democracy; (2) the Accion Democratica and COPEI parties on their agreement to form a cabinet of national unity; and (3) President Carlos Andres Perez on his actions to address the need for constitutional and judicial reform. Pledges to Venezuela and its people the support of the United States.
United States · United States Congress · 9 March 1992
Commends and congratulates: (1) all parties to the negotiations with respect to the war in El Salvador, United Nations (UN) Secretary General Javier Perez de Cuellar, and the Salvadoran people for their persistence, commitment, and dedication to peace; and (2) the Governments of Colombia, Mexico, Spain, and Venezuela for their contributions in support of the negotiating process. Praises President Cristiani for his efforts. Encourages the Salvadoran people and all sectors of Salvadoran society to commit themselves to the process of consolidating peace, democracy, and economic and social development. Expresses the sense of the House of Representatives that the United States should commit itself to: (1) providing appropriate assistance to the Government and people of El Salvador that promotes reconstruction, reconciliation, and further strengthening of democracy and democratic institutions; (2) seeking and encouraging other members of the international community to contribute materially to such process; and (3) cooperating with UN efforts to monitor compliance with the peace agreements in El Salvador and other efforts pertaining to the UN role in post-war El Salvador.
United States · United States Congress · 27 February 1992
National Beverage Container Reuse and Recycling Act of 1992 - Amends the Solid Waste Disposal Act to prohibit the sale of beer, mineral water, soda water, wine coolers, or carbonated soft drinks in beverage containers by retailers and distributors unless such containers carry a refund value of ten cents. Requires distributors to collect from retailers the refund value for each beverage sold to such retailers. Directs retailers to collect from consumers the refund value for each beverage sold to such consumers. Requires retailers and distributors to pay the refund on returned containers of brands (in the same kind and size of container) sold by such retailers or distributors. Directs distributors to pay annually to a State unclaimed refund amounts (the amount by which the total refund value of all containers sold by such distributors exceeds the amount paid by distributors to persons in that State). Makes unclaimed refunds available to a State for carrying out pollution prevention and recycling programs. Prohibits distributors and retailers from: (1) selling beverages in metal beverage containers with detachable openings; and (2) disposing of containers subject to this Act or any metal, glass, or plastic from such containers (other than the top or seal) in landfills or solid waste disposal facilities. Makes this Act inapplicable to States that have adopted requirements identical to those under this Act or that have demonstrated achievement of a recycling or reuse rate for beverage containers of at least 70 percent. Makes States that fail to maintain such rate for a consecutive 12-month period subject to this Act's requirements. Prohibits States or political subdivisions that impose taxes on the sale of beverage containers from imposing any tax on the amount attributable to the refund value of such containers. Requires the Administrator of the Environmental Protection Agency to promulgate regulations to provide for the adjustment for inflation of the ten-cent refund amount at ten-year intervals. Prescribes civil penalties for violations of this Act.
United States · United States Congress · 27 February 1992
Expresses the sense of the Congress that the President has the authority to, and should, implement the indexation of the basis of assets for purposes of determining the amount of gain which is subject to taxation.
United States · United States Congress · 25 February 1992
Restricts to official travel only the use of any travel award that accrues by reason of official travel of a Member, officer, or employee of the House of Representatives.
United States · United States Congress · 24 February 1992
Authorizes additional immigrant visas for a three-year period for nationals of the former Soviet Union (and their spouses and children) nuclear weapons expertise or advanced or exceptional backgrounds in physics, chemistry, engineering, or mathematics.
United States · United States Congress · 20 February 1992
Expansion of Processed and High-Value Agricultural Exports and Employment Opportunities Act of 1992 - Establishes: (1) export credit guarantee and enhancement program set-asides for processed and high-value agricultural products; and (2) related reporting requirements.
United States · United States Congress · 19 February 1992
Individualized Rehabilitation Services Program Selection Act of 1992 - Amends the Rehabilitation Act of 1973 to provide handicapped individuals eligible for services under such Act with the right to select their vocational rehabilitation service providers pursuant to an individualized written rehabilitation program.
United States · United States Congress · 11 February 1992
Designates April 14, 1992, as Education and Sharing Day, U.S.A., the birthday and the start of the 91st year of Rabbi Menachem Mendel Schneerson, leader of the worldwide Lubavitch movement.
United States · United States Congress · 22 January 1992
Amends Federal law to prohibit a Member of the House of Representatives from sending any franked mass mailing outside the Member's congressional district. Authorizes a Member of Congress to mail franked mail with a simplified form of address for delivery within his or her congressional district only. (Current law permits such mailings throughout the Member's State.) Prohibits the Committee on House Administration from approving any payment for, and a Member from making any expenditure from, any allowance of the House or any other official funds if any portion is for any cost related to a mass mailing by a Member of the House outside his or her congressional district.
United States · United States Congress · 3 January 1992
Condemns the treatment of William F. Buckley, Colonel William Higgins, and Peter Kilburn by their captors in Lebanon and the disrespect shown to their remains. Urges the President to work with the nations of the Middle East to seek the extradition of the parties responsible for their torture and death and to bring such parties before an international tribunal for trial.
United States · United States Congress · 22 November 1991
Commends: (1) the people of Guam for their patriotism, bravery, loyalty to the United States, and many sacrifices during World War II, particularly during the invasion and occupation of the Guam territory; (2) the members of the Navy Insular Force and U.S. Navy and Marine Corps for the efforts and sacrifices they made in defense of the U.S.; (3) the Hawaiians for their sacrifices and contributions to the U.S. war effort during the attack on Pearl Harbor on December 7, 1941; and (4) the Hawaii Territorial Guard members, Varsity Victory Volunteers, the civilian workers at the Pearl Harbor Naval Ship Yard and other Hawaiian military installations, 100th Infantry Battalion, Military Intelligence Service, and 442nd Regimental Combat Team for their sacrifices and contributions to the U.S. war effort during such attack.
United States · United States Congress · 21 November 1991
Peace and Prosperity Commission Act of 1991 - Establishes the Commission on Peace and Prosperity to review the United States economic relationship with the former Soviet Union, the republics of the former Soviet Union, and the Baltic republics and make recommendations to the President and the Congress based on such review concerning economic cooperation.
United States · United States Congress · 19 November 1991
Second National Blue Ribbon Commission to Eliminate Waste in Government Act - Establishes the Second National Blue Ribbon Commission to Eliminate Waste in Government to: (1) conduct a private sector survey on management and cost control in the Federal Government; (2) review executive agency operations and existing General Accounting Office, Congressional Budget Office, Inspector General Reports, and other existing governmental and nongovernmental recommendations for reducing waste; and (3) submit to the President and the Congress a list of those recommendations with estimated savings that the Commission determines are most significant and recommendations for improving the budget process, management, and reducing waste and costs in the Government. Requires the Commission to identify, address, and to report to the President and the Congress on: (1) opportunities for increased efficiency and reduced costs in the Government that can be realized by executive action or legislation; (2) areas in the Government where managerial accountability can be enhanced and administrative control can be improved; (3) specific Federal programs that have accomplished their objectives and ought to be terminated; (4) specific Federal program services that could be provided at a lower cost by the private sector; (5) specific reforms of the budget process that would yield savings, increase accountability and efficiency, and enhance public confidence in the budget process; (6) specific areas in the Government where further study can be justified by potential savings; and (7) specific recommendations for legislative and administrative actions. Requires the Commission to be funded, staffed, and equipped, to the extent practicable and permitted by law, by the private sector without cost to the Government.
United States · United States Congress · 18 November 1991
Nuclear Weapons Material Production Termination Act - Prohibits after August 1, 1992, the expenditure of funds by any Federal department or agency for: (1) the production of tritium, plutonium, or highly-enriched uranium for weapons; or (2) the procurement or construction of equipment or facilities for such production, other than for research purposes. Directs that savings achieved as the result of such prohibition shall be used for FY 1993 and thereafter for environmental restoration activities at Department of Energy nuclear weapons facilities. Directs the President to conduct five-year studies on the quantity of tritium needed by the United States and on the costs and environmental impacts of alternative methods of obtaining it. Requires the President to report study results to the Congress. States that the prohibition will no longer be in effect if the Congress, after receiving a report from the President, adopts a joint resolution which finds an overriding need to produce tritium.
United States · United States Congress · 12 November 1991
Congratulates the people of Lithuania for their courage and perseverance in using peaceful means to regain their independence as they celebrate their independence day on February 16, 1992. Pledges support for the people of Lithuania.
United States · United States Congress · 5 November 1991
Designates December 4, 1991, as Federal Civilian Employee Remembrance Day to recognize contributions provided by Federal civilian employees during the attack on Pearl Harbor and during World War II.
United States · United States Congress · 29 October 1991
Congratulates Daw Aung San Suu Kyi on her award of the Nobel Peace Prize. Expresses the House of Representatives' continued condemnation of the Burmese military regime, and support for Daw Aung San Suu Kyi and the Burmese people in their struggle for peaceful and democratic change. Welcomes the Administration's efforts to promote human rights in Burma, and calls upon the President and the Secretary of State to: (1) encourage the restoration of democracy and to condemn human rights violations in Burma; (2) advocate the immediate and unconditional release of Daw Aung San Suu Kyi and all other prisoners of conscience; (3) impose additional economic sanctions on Burma; and (4) promote multilateral efforts, including an international arms embargo and economic sanctions, to encourage the military regime to bring its practices into conformity with internationally recognized human rights standards. Encourages a decision to invite Kyi to address a joint meeting of the U.S. Congress.
United States · United States Congress · 24 October 1991
Nuclear Testing Moratorium Act - Prohibits the Secretary of Energy from conducting any explosive nuclear weapons test during the one-year period following the enactment of this Act unless the President certifies to the Congress that the Soviet Union has conducted such a test during such period.
United States · United States Congress · 23 October 1991
Expresses the sense of the House of Representatives that: (1) the United States Trade Representative should take action under the Trade Act of 1974 to compensate for any trade losses caused by the European Community's (EC) failure to adopt by October 31, 1991, a new oilseeds regime that conforms with the General Agreement on Tariffs and Trade (GATT) panel oilseed ruling; and (2) such actions should remain in effect until the EC's oilseed regime conforms with its GATT obligations.
United States · United States Congress · 23 October 1991
Establishes in the House of Representatives a Task Force of Members of the Committee on Foreign Affairs to investigate and report to the House on: (1) any attempt by the 1980 presidential campaigns of then Governor Reagan or President Carter, associated persons, or the U.S. Government to affect the timing of the release of the American hostages in Iran; (2) any attempt by President Carter or his Administration to affect the timing of such release; and (3) any actions taken to keep any attempt from being revealed to the U.S. Government or the American people.
United States · United States Congress · 22 October 1991
Expresses the sense of the Congress that the President should: (1) condemn the use of force in Yugoslavia; (2) recognize the independence of the Republics of Croatia and Slovenia; and (3) work for the cessation of hostilities leading to a negotiated settlement and peace in the region.
United States · United States Congress · 11 October 1991
Declares that Members of Congress are no longer exempted from Federal laws, including the: (1) Americans with Disabilities Act; (2) title VII of the 1964 Civil Rights Act; (3) Equal Opportunity Act; (4) Occupational Safety and Health Act; (5) Fair Labor Standards Act; and (6) Freedom of Information Act. Makes it illegal to furnish any Member of the Congress, at the expenses of the Federal Government, free or at reduced costs: (1) medicine; (2) hospital care; (3) ambulance services; (4) meals; (5) flowers or plants; (6) pictures or picture frames; (7) haircuts; or (8) other items, services, or privileges, except official office expenses such as supplies and stationery.
United States · United States Congress · 8 October 1991
Telecommunications Act of 1991 - Title I: Infrastructure Development - Amends the Communications Act of 1934 to provide for the establishment of a Federal-State Joint Board to impose and enforce network quality standards upon common carriers (CC) to ensure the continued maintenance and evolution of CC facilities and services. Directs the Board to initiate a rulemaking proceeding to establish standards, to be enforced by the Federal Communications Commission (FCC) and the State commissions as to matters within their respective jurisdictions, for measuring CC network quality. Requires each CC to submit to the Board a quarterly data report regarding compliance with the prescribed standards. Authorizes the Board to require periodic independent audits of CC compliance with such standards. Directs the FCC to establish enforcement penalties and procedures, including expedited customer complaint mechanisms, to ensure CC compliance with such standards. Requires each local exchange carrier (LEC) to provide interconnection, on a reasonable and nondiscriminatory basis, to CCs and other providers of telecommunications and information services who request it, and to provide the interconnecting party with physical colocation, unless it demonstrates by clear and convincing evidence that physical colocation is not technically practicable, in which case virtual colocation is required. Specifies that a rural exchange carrier (REC) shall not be required to provide interconnection to another LEC. Directs the FCC to: (1) adopt and make effective rules to enforce the obligations imposed by such Act; and (2) initiate a rulemaking to require that the interconnection offered by an LEC pursuant to such Act provide for the portability of telephone numbers. Requires the FCC to revise its order entitled "Filing and Review of Open Network Architecture Plans" to require that: (1) the plans for compliance with such order offer unbundled features and functions; (2) such features and functions are made available on a reasonably uniform basis by all of the CCs subject to such order, and are accessible throughout the service territory of each such carrier; (3) such plans include a schedule for timely offering of new features and functions; and (4) CCs subject to such order not unreasonably discriminate between affiliated and unaffiliated providers of information services in offering tariffed and non-tariffed features, functions, and capabilities. Directs the FCC, at least once every three years, to: (1) conduct a proceeding in which interested parties shall have an opportunity to comment on whether the order, as further revised, and the plans filed pursuant to it, have opened the networks of the carriers subject to such order to reasonable and non-discriminatory access by providers of telecommunications and information services; and (2) revise such order as necessary or appropriate and require the CCs subject to the order to file new plans consistent with such revisions, which shall also be subject to public comment and FCC review prior to their becoming effective. Restricts the release of personally identifiable customer information obtained or collected by an LEC in the course of providing telephone exchange information. Requires: (1) an LEC to prepare and file tariffs in accordance with such Act with respect to the interconnection and network access services required under such Act; (2) the costs that an LEC incurs in providing such services to be borne solely by the users of the features and functions comprising such services; and (3) the FCC to review such tariffs to ensure that the charges for such services are cost-based and the terms and conditions contained in such tariffs do not bundle together any separable elements, features, or functions. Requires: (1) an LEC to submit supporting information with its tariffs for interconnection and network access services that is sufficient to enable the FCC and the public to determine the relationship between the proposed changes and the costs of providing such services; and (2) the submission of such information to be pursuant to rules adopted by the FCC to ensure that similarly situated carriers provide such information in a uniform fashion. Authorizes an LEC to include in its tariffs for interconnection services an element intended to recover the amount necessary to preclude any substantial increases in the rates for telephone exchange service (service) that would otherwise result from the offering of interconnection services, subject to specified requirements. Directs the FCC to adopt and make effective rules governing the calculating of such element. Specifies that any amounts recovered by the LEC through the imposition of this additional element shall be used to defray the costs of providing service. Specifies that the resale of service in conjunction with the furnishing of an interstate telecommunications or any information service shall not be prohibited or subject to unreasonable conditions by the FCC, any State, or any LEC. Requires the FCC to: (1) adopt and make effective rules for the conduct of coordinated network planning by CCs; and (2) initiate an inquiry to examine the effects of competition in the provision of telephone exchange access and service on the availability and rates for service furnished by RECs. Directs the FCC to provide for expedited: (1) review of complaints alleging violations of service, quality, network access, and interconnection rules; and (2) licensing of new technologies or services related to the furnishing of telecommunications or information services determined to be in the public interest. Title II: Provisions Affecting Divested Operating Companies - Authorizes a divested operating company or affiliate (DOC) to provide information services, subject to specified requirements. Bars a DOC from offering electronic publishing services in any State in which it provides service until the FCC, after notice and opportunity for public comment, determines that: (1) at least 50 percent of all businesses and residences within the areas in each State in which such DOC provides service have access to transmission and switching facilities (other than those owned or controlled by a DOC) that are comparable to those offered by the DOC for the delivery of electronic publishing services; (2) at least ten percent of all businesses and residences within the areas in each State in which such DOC provides service subscribe to services delivered over such alternative facilities; and (3) the DOC seeking to provide such services has demonstrated that there is no substantial possibility that the DOC could use its position as an LEC to impede competition in the provision of electronic publishing services or impose additional costs upon service subscribers. Permits a DOC to petition the FCC for a waiver of restrictions on electronic publishing imposed under such Act. Requires such petition to be granted if the DOC can demonstrate by clear and convincing evidence that: (1) electronic publishing service would not exist unless offered by such DOC; and (2) the provision of such DOC would not impose additional costs upon service subscribers. Sets forth additional requirements. Permits a DOC to provide information services after October 1, 1991, only through a subsidiary that is separated from the service operations of the divested company, with exceptions. Provides for a minimum number of outside directors. Specifies that any transaction between a DOC and any other affiliate of such DOC (including the subsidiary): (1) shall not be based upon any preference or discrimination arising out of the affiliation, or have the effect of permitting any violation of the requirements of such Act; and (2) shall be carried out in the same manner as such company or affiliate conducts such business with unaffiliated persons, shall be pursuant to contract or tariff reported to the FCC and made available for public inspection, and shall be fully auditable and reflect all costs associated with the conduct of such business. Bars such subsidiary from: (1) entering into any joint venture or partnership with the DOC; (2) having employees or a financial structure in common with the DOC, except as provided in such Act; (3) owning any property in common with a DOC; or (4) establishing any other subsidiary or affiliate except after notice to the FCC in such form and containing such information as the FCC may require. Requires such subsidiary to: (1) carry out directly its own marketing, sales, accounting, hiring and training of personnel, purchasing, and maintenance; and (2) maintain books, records, and accounts, prepare its own financial statements, and prepare and file with the FCC the annual and periodic reports required of publicly traded companies by the Securities and Exchange Commission. Sets forth additional provisions with respect to: (1) advertising; (2) securities information; (3) outside ownership; (4) transmission capacity; (5) preservation of separate subsidiary requirements for grandfathered functions; (6) provision of services and information to others on the same terms and conditions as provided to the subsidiary; and (7) a cost allocation system requirement to prohibit any cost of providing information services from being subsidized by revenue from service or access services. Requires the FCC to establish cost assignment and allocation regulations, under which joint and common costs shall be allocated to unregulated services under a formula that ensures that the rates for service are no greater than they would have been in the absence of such investment, or based upon the highest forecast unregulated usage of the investment over the life of the investment, whichever method results in the lesser allocation of such costs to service. Directs the FCC, by regulation, to ensure that the economic risks associated with the provision of information services by DOCs are not borne by service customers in the event of a business loss or failure. Prohibits: (1) investments or other expenditures assigned to information services from being reassigned to service or access service; and (2) any DOC affiliate which is providing information services and is required to be, or is, structurally separate from an affiliate engaged in the provision of service from obtaining credit under any arrangement that would permit a creditor, upon default, to have recourse to the assets of the DOC, or would induce a creditor to rely on the tangible or intangible assets of the DOC in extending credit. Requires the FCC to prescribe regulations governing the accounting for the transfer of assets between a DOC and its affiliates which protect the interests of service ratepayers and meet specified requirements. Establishes an annual auditing requirement for each DOC that engages in, or has a financial or management interest in an entity that provides, information services. Sets forth provisions with respect to the conduct of the audit, submission and certification of audit results, and access to documents. Requires the FCC and a State commission, within their respective jurisdictions, to require a DOC to assess any affiliate providing information services a charge for the reasonable value of any intangible assets used in the provision of such services and to credit the amount of such charge to the provision of service. Bars a DOC from providing electronic publishing services, other than those it provided on or before October 1, 1991, in any State in which such DOC provides service, unless and until all entry barriers to the competitive provision of telecommunications services imposed by each State or State commission in which such DOC service have been removed with respect to such DOC. Requires any DOC that offers a gateway service to make such service available concurrently to all of its subscribers at the same rates, terms, and conditions. Sets forth enforcement provisions with respect to persons injured by a violation of requirements under such Act. Directs the FCC to take such actions as necessary to: (1) prevent anticompetitive practices between a DOC and any affiliate of the DOC; (2) protect ratepayers of DOCs from subsidizing the provision of information services by such DOCs; and (3) prevent any DOC from imposing any unjust or unreasonable rates or charges for any CC services provided in connection with the provision of information services. Authorizes appropriations. Title III: Miscellaneous Provisions - Authorizes a State to regulate the rates, terms, or conditions for the offering of information services, subject to specified requirements. Bars a State from imposing regulations upon an LEC with respect to the intrastate provision of information services by such carrier or affiliate if such regulations: (1) are necessary and appropriate to separate the provision of information services from the provision of service by such carrier or affiliate; (2) are intended to protect the privacy rights of service customers; (3) do not affect the rates, terms, or conditions for the provision of such information services or the types of such services offered by such carrier or affiliate; and (4) are not inconsistent with the purposes, or do not significantly impede the enforcement, of this Act or any regulation or order prescribed by the FCC pursuant to this Act. Specifies that: (1) nothing in this Act shall be construed to limit State authority to take actions, consistent with this Act, to ensure the availability of service at reasonable rates in areas served by RECs, to relieve a DOC of any obligations, limitations, or responsibilities imposed by any other provision of such Act, or to create any antitrust immunity to any civil or criminal action under Federal or State antitrust law, or alter or restrict the applicability of any Federal or State law to the actions of a DOC; and (2) a DOC shall remain fully subject to the order entered on August 24, 1982, in United States v. Western Electric Company .
United States · United States Congress · 7 October 1991
Declares that the establishment of a multilateral regime to control (and, if possible, halt) transfers of weapons of mass destruction and associated delivery systems, equipment, and technology under the aegis of the United Nations Security Council should be among the top priorities of U.S. foreign policy. Directs the United States to: (1) lead in efforts to establish such a regime; (2) seek to establish an international right of inspection no less stringent than that set forth in the Agreement Between the United States of America and the International Atomic Energy Agency for the Application of Safeguards in the United States; and (3) seek to ensure that such a regime provides for multilateral sanctions against foreign countries and persons that violate the regime that are no less stringent than those set forth in Executive Order 12735 (regarding chemical and biological weapons proliferation). Specifies that such a regime should include adequate provisions for verification and enforcement. Sets forth reporting requirements.
United States · United States Congress · 3 October 1991
Omnibus Export Amendments Act of 1991 - Title I: Export Administration Act Amendments - Export Administration Act Amendments of 1991 - Amends the Export Administration Act of 1979 (the Act) with respect to the export of U.S. goods and technology to foreign countries. Requires the Secretary of Commerce (Secretary) to grant an export distribution license primarily on the basis of the reliability of an applicant and foreign consignees to prevent the diversion of items to an unauthorized use or consignee. (Currently, refers to "controlled countries" only). Requires the Secretary to modify each item on the control list to specify performance and other identifying characteristics of technical data subject to national security and foreign policy controls, or to export controls under the Nuclear Non-Proliferation Act of 1978. Declares that no later than December 31, 1991, no permission may be required for the export of goods or technology to, or reexport of such items from, a country which maintains export controls on such items cooperatively with the United States pursuant to the agreement with the Coordinating Committee (CoCom). Authorizes the Secretary to require permission for export or reexport of such items (including supercomputers, nuclear sensitive technology, and devices for surreptitious interception of wire or oral communications) to unreliable end users. Authorizes the Secretary to require permission to export or reexport such items pursuant to special multilateral control arrangements agreed to by CoCom, if all countries in which such items are produced agree to equivalent licensing requirements. Requires the Secretary, if he or she determines a country is noncompliant with the CoCom or other applicable control agreement, to require permission to export or reexport such items to such country, and to reexport them from that country. Declares that no permission may be required to reexport U.S. technology from a country when the technology to be reexported is incorporated in other technology, and other specified conditions are met. Requires the Secretary, with respect to the definition of "supercomputer," to establish and publish in the Federal Register a performance-based indexing system to ensure that such definition and all controls and security safeguard procedures on supercomputer exports and reexports are commensurate with technological advances. Sets forth circumstances under which such safeguards are not required. Declares it is U.S. policy that licensing treatment of controlled countries should be revised for those countries that: (1) represent a lesser strategic threat; and (2) implement an effective export control system. Requires the Secretary of State to seek agreement of CoCom to remove Poland, Hungary, Czechoslovakia, Latvia, Lithuania, and Estonia from the list of controlled countries. Requires the President to make a determination whether the Soviet Union or any successor confederation should be removed from such list. Requires all licenses for the export of goods or technology for civil end uses to be given a presumption of approval. Requires the Secretary to issue regulations implementing the agreement reached in the Coordinating Committee High Level Meeting of June 6 and 7, 1990, and May 23, 1991, relating to removal of controls, national discretion, and favorable consideration of export licenses. Directs the Secretary of State to seek the approval of CoCom with respect to the proposal that no permission be required to export computers (the export of which to China would require only notification of CoCom members) to any country. Requires the Secretary to submit to specified congressional committees a report describing the implementation of the agreement reached at the CoCom Meeting. Prohibits items from being included on both the Commodity Control List and the United States Munitions List. Subjects all mass market computer software (including encryption software) to control under this Act and not under the Arms Export Control Act. Terminates such prohibition on June 30, 1993. Requires the Secretary of State to propose to the CoCom that exports of telecommunications equipment and technology for civil end use to any country, other than a country for which no permission to export is required, require no more than notification of the CoCom. Requires the President to submit to specified congressional committees a study of the national security implications of the transfer of telecommunications equipment and technology to controlled countries under the Act. Requires the Secretary, in implementing the national discretion and favorable consideration procedures agreed to by CoCom, to: (1) consider the actions of other CoCom members in approving or denying export licenses that are subject to such procedures; and (2) seek to ensure that U.S. exports are not placed at a competitive disadvantage. Sets forth requirements with respect to the issuance or denial of a license for the export of goods and technology subject to such CoCom procedures. Declares it to be U.S. policy: (1) in considering the submission of general exception cases to CoCom, to ensure consistency in the treatment of U.S. exporters and exporters from CoCom countries, and to support democracy and economic development in Eastern Europe and the Soviet Union or any successor confederation; and (2) to provide specific guidelines to U.S. exporters with respect to goods, sectors, and end users eligible for such exceptions, and to notify such exporters of all agreements adopted by CoCom with respect to such exceptions. Requires the control list to reflect multilateral control agreements reached by CoCom. Requires the Secretary to: (1) review for removal at least once each year, all goods and technology on the control list; and (2) make such review the basis for proposed revision of the International Industrial list. Terminates, as of September 30, 1992, and as of the end of each two-year period thereafter, all national security controls on the export of goods and technology to countries other than a controlled country, unless the Secretary determines that such items would make a significant contribution to the military potential of another country and would prove detrimental to U.S. security. Requires the United States to propose a policy to CoCom for all countries. Requires the Secretary of State, no later than November 1, 1992, and not later than the end of each two-year period thereafter, to submit to CoCom a proposal to terminate such controls on controlled countries. Declares that an export control shall be considered to be unilaterally maintained by the United States if it is a restriction, condition, or interpretation imposed by the Secretary upon goods or technology, or upon a license application for the export of such items, that is not imposed in similar circumstances by other governments of CoCom. Requires the Secretary to ensure that no new unilateral controls are created. Declares that, in specified circumstances, approval shall be presumed for license for export to a country of any controlled goods, without regard to their technical specifications, for trade show purposes. Declares that any license for the export of goods or technology shall also authorize the export of operation technical data related to such items, whether or not such data is referenced in such license, if the technical level of the data does not exceed the minimum level necessary to install, repair, or use such items. Changes from discretionary to mandatory the Secretary's authority to establish indexing procedures which provide for automatic increases (instead of the currently authorized annual increases) in the performance levels of certain goods or technology subject to export licensing controls. Requires removal of goods or technology which no longer meet the performance levels increased pursuant to such procedures from the commodity control list, unless the Secretary determines that removal of controls will permit exports detrimental to U.S. national security, and reports that determination to specified congressional committees. Directs the Secretary to require technical advisory committees to recommend indexing procedures for certain goods or technology. Requires the Secretary to review, and report to the Congress on, the goods and technology available from newly industrialized countries to determine if such items are of such sophistication that they warrant multilateral export controls. Requires the Secretary of State to propose to CoCom to initiate negotiations with such countries to reach agreements with respect to the restriction of exports or to obtain their participation in CoCom if the Secretary determines that such multilateral controls are warranted. Requires the Secretary of State to submit to CoCom any U.S. proposal that would apply a final determination affecting U.S. exports to controlled countries. Makes the Secretary a member of the permanent U.S. delegation to CoCom. Requires the Secretary to terminate licensing benefits to countries that fail to maintain export restrictions comparable to those maintained by CoCom. Requires the Secretary to publish the full text of CoCom's three International Control Lists, together with all notes and understandings concerning the list agreed to by CoCom. Provides for the confidentiality of such matter if it is determined that its publication would be contrary to national or international security, or inconsistent with U.S. obligations to CoCom. Prohibits the export or sale of controlled goods or technology to countries determined to have repeatedly provided support to international terrorism. Subjects Iran, Iraq, Libya, and Syria to such prohibition for a three-year period. Authorizes the Secretary to approve license applications for the export of goods and technology to countries of concern regarding chemical and biological weapons proliferation only after consultation with the Secretary of Defense and the Secretary of State. Increases the criminal and civil penalties for violations of the national security and foreign policy export control laws of the United States. Limits civil penalties for each violation to no more than $50,000. Requires the President to apply specified economic sanctions against foreign persons who violate negotiated agreements to restrict exports for national security purposes or an export control system maintained by a controlled country that is receiving licensing benefits from CoCom because of its status as a lesser strategic threat. Includes as a sanction against foreign violators the revocation of any issued export license and the entry of an order by the Secretary denying all export privileges to such person. Declares that all goods or technology seized for violation of the export laws shall be forfeited to the United States. Makes sums for export enforcement under the Act available for undercover investigative operations for the detection and prosecution of violations of such Act by the Office of Export Enforcement of the Department of Commerce. Provides for the judicial and administrative review of specified determinations made under the Act. Opposes preferential treatment in the licensing of exports to China because of its human rights abuses. Urges the denial of permission to export goods and technology (chemical weapons and missile technology) to China unless it gives adequate assurances regarding end-use and nontransfer of such items to a country or project of concern. Prohibits the export of U.S. satellites that are intended for launch from a Chinese launch vehicle. Authorizes the President to waive this ban on a case-by-case basis. Expresses the sense of the Congress that no exports to the Soviet Union, or any successor confederation, should be made if the Soviet Union restricts the emigration of Jews. Amends the Act to authorize appropriations to the Department of Commerce for FY 1992. Extends the Act through September 30, 1992. Title II: Export Promotion - Amends the Export Enhancement Act of 1988 to increase from eight to 20 the number of missions that the Secretary may designate abroad and for which senior Commercial Service Officers will be able to use the diplomatic title of Minister-Counselor. Requires the Secretary to report to the Congress on the adequacy of the training of officers and employees of the United States and Foreign Commercial Service in areas of writing commercial reports, language skills, cultural awareness, and public speaking. Includes within the definition of "multilateral development bank" the European Bank for Reconstruction and Development. Authorizes the Commercial Service to acquire personal services by contract to assist it in trade and promotion programs and in its automation efforts. Directs the Secretary to increase the number of Commercial Service Officers in Taiwan, Japan, and Canada by three over the number assigned to each country in calendar year 1989. Revises the qualifications of participants in the Market Development Cooperator Program to include expertise in the area of methods of distribution of goods and services. Requires the Secretary to report to specified congressional committees on progress made in implementing such Program. Requires the Secretary of State, not later than May 31 of each year (currently, every January 31), to report to specified congressional committees on the economic policy and trade practices of every country the United States has as a trading partner. Requires the President to establish the Trade Promotion Coordinating Committee to streamline international trade promotion activities of the United States. Requires the Comptroller General, not later than June 30, 1992, to transmit to specified congressional committees a report that analyzes the progress of Federal and State coordination of export promotion activities. Amends the Export Administration Amendments Act of 1985 to authorize appropriations for FY 1992 to the Department of Commerce for export promotion programs. Title III: Nuclear Nonproliferation - Nuclear Proliferation Prevention Act of 1991 - Amends the Atomic Energy Act of 1954 to restrict the export of nuclear weapon items to a non-nuclear weapon state, unless: (1) such state maintains International Atomic Energy Agency (IAEA) safeguards on all its peaceful nuclear activities; and (2) the export, retransfer, or activity is under the terms of an agreement for cooperation. Prohibits the Nuclear Regulatory Commission from issuing any license for the export of highly enriched uranium. Directs the President to undertake negotiations with foreign nations which participate in the Nuclear Suppliers Group to establish specified multilateral nuclear non-proliferation controls. Sets forth sanctions for violations of this Act. Amends the Nuclear Non-Proliferation Act of 1978 to require the United States to enter into negotiations with other nations and groups of nations to improve the effectiveness of the safeguards of the IAEA. Title IV: Miscellaneous Provisions - Expresses the sense of the Congress that the Soviet Union should cease military assistance to Cuba. Requires the President to submit to the Congress an analysis of the impact on efforts to achieve peace in the Middle East of specified Palestine Liberation Organization (PLO) attacks against Israelis. Directs the Secretary of the Treasury to submit to the Congress a report on illegal activities of the PLO in the United States.
United States · United States Congress · 3 October 1991
Fair Trade in Financial Services Act of 1991 - Amends the International Banking Act of 1978, the Securities Exchange Act of 1934, and the Investment Advisers Act of 1940 to direct the Secretary of the Treasury to: (1) submit biennial status reports to the Congress regarding foreign treatment of certain U.S. business interests; and (2) initiate negotiations with foreign countries to ensure that they offer U.S. banking and bank holding companies, securities brokers and dealers, and investment advisers the same competitive opportunities as are available to their foreign counterparts. Authorizes the Secretary to publish in the Federal Register a determination that a foreign country does not accord national treatment to such U.S. business interests. Authorizes a Federal banking agency, or the Securities and Exchange Commission (SEC), after notice of such determination, to include such determination as a basis for denial of certain foreign trade applications (to conduct banking, securities, or investment advice activities in the United States) from such foreign country in reports required under the Omnibus Trade and Competitiveness Act of 1988. Directs the Secretary to review such determinations annually and rescind determinations, if appropriate. Amends the International Banking Act of 1978 to preclude banking interests of such countries from commencing or conducting business in this country as of the date of the Secretary's determination unless prior approval has been obtained from a Federal banking agency (including, under certain circumstances, a State banking agency). Outlines the factors to be considered by the Secretary and the banking and securities regulatory agencies in their exercise of discretion with respect to existing foreign operations in the United States. Amends the Securities Exchange Act of 1934 and the Investment Advisers Act of 1940 to provide that, subsequent to the Secretary's determination in the Federal Register that a foreign country does not accord national treatment to U.S. securities or investment adviser interests, a person from such foreign country may not acquire control of a registered broker, dealer, or investment adviser unless the SEC has been duly notified and has not prohibited such acquisition. Amends the Omnibus Trade and Competitiveness Act of 1988 to direct the Secretary of the Treasury, together with other appropriate agencies and representatives, to conduct an investigation to determine: (1) the extent of interdependence of U.S. financial services sectors and foreign countries whose financial services institutions provide financial services in the United States, or whose persons have substantial ownership interests in U.S. financial institutions; and (2) the economic, strategic, and other consequences of that interdependence for the United States. Directs the Secretary to report the results of this investigation within two years to the President, the Congress, and other specified commissions, departments, and agencies as deemed appropriate by the Secretary.
![Official portrait of Rep. Leach, James A. [R-IA-2]](https://www.congress.gov/img/member/l000169_200.jpg)