United States · United States Congress · 17 October 1991
Directs the Administrator of the Environmental Protection Agency (EPA), acting through the Office of Research and Development, to enter into an arrangement with the National Academy of Sciences to conduct a study of the environmental research basis for wetlands delineation. Requires the Academy to report the findings of the study to the Congress, along with recommendations for legislative and administrative actions. Authorizes appropriations. Expresses the sense of the Congress that the EPA should not adopt proposed revisions to the Federal Manual for Delineating Wetlands until six months after the Academy submits such report.
United States · United States Congress · 17 October 1991
Expresses the sense of the Congress that: (1) the International Red Cross/Red Crescent Movement should include Magen David Adom (MDA) as a legitimate national society of the Movement; (2) the Star of David should be recognized as a legitimate symbol of humanitarian concern when utilized by MDA; and (3) all other national societies of the Movement should support full MDA membership.
United States · United States Congress · 11 October 1991
Higher Education Amendments of 1992 - Amends the Higher Education Act of 1965 (HEA) to revise and reauthorize its various programs. Title I: Partnerships for Educational Excellence - Revises HEA title I and renames it Partnerships for Educational Excellence (replaces the current title I, Postsecondary Programs for Nontraditional Students). Authorizes appropriations for FY 1993 through 1997 for the following title I programs: (1) part A, Urban Community Service; (2) part B, Urban and Rural College, University, and School Partnerships; (3) part D, Articulation Agreements; and (4) part E, Manufacturing Engineering Education. Establishes as part A of title I a Urban Community Service program to provide incentives to urban institutions (including academic, private, and civic bodies) to work together to devise and implement solutions to the most pressing and severe problems in their communities. Requires applications for such urban community service program grants to contain a plan agreed to by the members of a consortium that includes a public or private four-year institution of higher education (and, where possible and appropriate, a community college) in partnership with an urban school system, a local government, a private business, or a nonprofit institution. Allows the Secretary of Education (the Secretary) to waive this consortium requirement for applicants with an appropriate integrated and coordinated plan. Gives priority to applications that: (1) include plans agreed to by a consortium of several members of the specified categories; and (2) propose to conduct joint projects supported by other local, State, and Federal programs. Requires grant funds to be used for planning, applied research, training, resource exchanges, technology transfers, delivery of services, or other activities to design and implement programs to assist urban communities to meet and address their most pressing problems. Includes the following problem areas among those for which such activities are authorized: (1) urban poverty and its alleviation; (2) health care including delivery and access; (3) under-performing school systems and students; (4) problems faced by the elderly in urban settings; (5) crime prevention and alternative interventions; (6) urban housing; (7) urban infrastructure; (8) economic development; and (9) other problem area which the participants agree are of high priority for that urban area. Establishes as part B of title I an Urban and Rural College, University, and School Partnerships program to encourage partnerships of urban institutions of higher education (or consortia of such institutions) and secondary schools and school systems serving low-income and disadvantaged urban or rural students to support programs to improve school retention and graduation rates, student academic skills, opportunities to continue education beyond high school, and prospects for productive employment. Requires an urban or rural institution of higher education (or consortium), to be eligible for such a university-school partnership grant, to enter a written partnership agreement with a local education agency (LEA). Allows such partnership to include businesses, labor organizations, professional associations, community-based organizations, or other public or private agencies or organizations. Authorizes the Secretary to make grants to university-school partnerships to support the authorized program activities. Requires that grant preference be given to: (1) programs to serve predominantly low-income neighborhoods; (2) partnerships to run programs during the regular school year and during the summer; and (3) programs to serve educationally disadvantaged students, potential dropouts, pregnant adolescents, and teen-aged parents. Requires maintenance of fiscal effort by LEAs participating in such partnership agreements. Requires such grant applications to assure: (1) establishment of a partnership governing body including one representative from each participant; (2) a gradually declining specified Federal share of project costs; and (3) use of such Federal grant funds to supplement and not supplant non-Federal funds. Sets forth title I part C administrative provisions to provide for: (1) peer review panels for part A or B grant applications; and (2) multiyear disbursement of Urban Community Service program grant funds, under specified conditions. Establishes as part D of title I an Articulation Agreements program of grants for articulation agreements and planning between partnerships of two-year and four-year institutions of higher education. (Current part D provisions for the Student Literacy Corps are revised and transferred to part B of title XI of HEA by this Act.) Directs the Secretary to make such grants to States to make awards to articulation partnerships between qualified institutions, on the basis of either a competition or a formula determined by the State. Provides for allocation of such grant funds to States: (1) by a formula based on the relative total amount of student assistance received under HEA title IV by students attending institutions in the State, if the authorization of appropriations for such grants program equals or exceeds a specified amount; or (2) if such authorized amount is less than the specified amount, by competitive grants which the Secretary is authorized to make to States. Sets forth requirements for State and local applications, articulation agreements, and State administrative costs limitations. Requires States to give priority to grant applications for programs which: (1) encourage teacher education; (2) have, as one partner participating in the agreement, an entity meeting a specified requirement for the tech-prep education program consortia (i.e. a local or intermediate educational agency or area vocational education school serving secondary school students, or a secondary school funded by the Bureau of Indian Affairs) under the Carl D. Perkins Vocational and Applied Technology Education Act; (3) contribute their own institutional resources; (4) are not subject to a student loan default reduction agreement under title IV (Student Assistance) of HEA; or (5) encourage articulation in subject areas of national importance as determined by the Secretary. Sets forth requirements for annual State program reports and for program evaluation by the Secretary. Directs the Secretary to: (1) report to the Congress by January 31, 1996, on the results of such evaluation; and (2) disseminate findings relating to the most successful programs. Reserves limited amounts for such purposes. Establishes as part E of title I a Manufacturing Engineering Education program. Directs the Secretary to establish a program of grants to institutions of higher education to support enhancement of existing and establishment of new programs in manufacturing engineering education. Requires consultation with the Director of the National Science Foundation (NSF) and the Director of the Office of Science and Technology Policy. Requires the Secretary and the NSF Director to enter into an agreement to coordinate such grant program with similar NSF programs, and for NSF assistance in administering and managing such grant program. Sets forth requirements for programs of engineering supported by such grant awards. Requires such programs to be conducted at the undergraduate and/or graduate level. Sets forth components for such consolidated and integrated multidisciplinary programs. Requires significant involvement of industry in such programs. Sets forth requirements for grant proposals. Bases grant awards on merit competition. Sets forth minimum criteria for selection. Title II: Academic Library and Information Technology Enhancement - Revises HEA title II and renames it Academic Libraries in an Electronic Networked Environment (currently Academic Library and Information Technology Enhancement). Authorizes appropriations for FY 1993 through 1997 for the following title II programs: (1) part A, College Library Technology and Cooperation Grants; (2) part B, Library Education, Research, and Development; (3) part C, Improving Access to Research Library Resources; and (4) part D, Strengthening Library and Information Science Programs in Historically Black Colleges and Universities. Directs the Secretary to ensure that title II programs are administered by appropriate library experts. Transfers to title II part A program of the College Library Technology and Cooperation Grants (currently part D) and eliminates current part A provisions for College Library Resources. Revises such College Library Technology and Cooperation Grants program to add provisions emphasizing the accessing and sharing of library and information resources through technology. Requires the Secretary to give priority, in awarding certain such grants, to institutions of higher education seeking assistance for projects which assist developing institutions of higher education in linking one or more institutions of higher education to resource sharing networks. Increases the required minimum grant amount and sets a maximum amount for certain grants. Revises and renames title II part B as Library Education, Research, and Development (currently Library Training, Research, and Development). Requires the Secretary to consult with appropriate library and information science professional organizations to determine: (1) critical needs under provisions for grants and contracts for library education and human resources development, and (2) priorities for awarding grants for research and demonstrations. Revises provisions for library education and human resource development to include assistance for training for library and information science, particularly in areas of critical needs such as recruitment and retention of minorities. Requires that stipends for certain fellowships and traineeships be for those who demonstrate need and are working toward a graduate degree. Revises provisions for research and demonstration projects to include those related to education in library and information science and to enhancement of library services through use of new technology. Revises title II part C and renames it as Improving Access to Research Library Resources (currently Strengthening Research Library Resources). Eliminates provisions which precluded part C grant recipients from receiving certain other title II grants. Adds a new title II part D program for Strengthening Library and Information Science Programs in Historically Black Colleges and Universities. Directs the Secretary to make grants to, and contracts with, historically black colleges and universities and library organizations or agencies which have nationally approved programs in library and information science to educate and train African Americans and other ethnic minorities, particularly in areas of critical needs. Requires that at least 75 percent of such funds be used to establish or maintain graduate fellowships or traineeships. Allows the remainder to be used for: (1) costs of courses of study or staff development, including short-term or regular session institutes; and (2) establishing, developing, or expanding programs of library and information science, including new techniques of information transfer and communication technology. Title III: Institutional Aid - Revises and reauthorizes HEA title III (Institutional Aid). Revises title III part A (Strengthening Institutions) provisions relating to award of grants, eligible institutions, and duration of grants. Requires part A grant applications to describe measurable goals for the institution's financial management and academic program and include a plan for achieving such goals. Requires continuation applications to demonstrate progress made toward achievement of such goals. Revises title III part B (Strengthening Historically Black Colleges and Universities) to add to authorized uses of part B grants: (1) development offices to improve contributions from alumni and the private sector; (2) programs of teacher education, including preparation for certification, to qualify students to teach in public elementary or secondary schools in the State; and (3) community outreach programs to encourage elementary and secondary students to develop the academic skills and interest to pursue postsecondary education. Increases the minimum allotment for each part B institution. Requires part B grant applications to describe measurable goals for the institution's financial management and academic programs and include a plan for achieving such goals. Includes as eligible for part B grants specified independent professional and graduate institutions, as well as any other part B institution offering a professional or doctoral degree program that the Secretary determines is deserving of such a grant. Provides that only certain of such specified institutions shall receive such funding if the total funding does not exceed a specified amount. Revises title III part C and renames it Endowment Challenge Grants for Institutions Eligible for Assistance under Part A or Part B (currently Challenge Grants, etc.). Repeals the Challenge Grant Program, but reauthorizes the Endowment Challenge Grant Program. Defines eligible institutions for purposes of such program. Revises conditions under which the Secretary may make an endowment challenge grant to an eligible institution. Revises selection criteria. Requires part C grant applications to include a description of the long- and short-term plans for raising and using the funds under part C. Requires a set-aside of 30 percent of part C funds for challenge grants to Historically Black Colleges and Universities, under specified conditions. Revises title III part D general provisions relating to application for assistance. Repeals provisions for special payments rules and for challenge grant program applications. Extends through FY 1997 the authorization of appropriations for title III Institutional Aid programs under: (1) part A, Strengthening Institutions; (2) part B, Strengthening Historically Black Colleges and Universities; and (3) part C, Endowment Challenge Grants. Requires that 25 percent of specified excess funds under part A be allocated among eligible institutions at which at least 60 percent of the students are Black Americans, Hispanic Americans, Native Americans, Asian Americans, Native Hawaiians, or Pacific Islanders, or any combination thereof. Title IV: Student Assistance - Part A: Grants to Students in Attendance at Institutions of Higher Education - Subpart 1: Federal Pell Grants - Revises and reauthorizes programs under HEA title IV (Student Assistance). Revises and renames the Pell Grants program under title IV part A subpart 1 as the Federal Pell Grants program (later redesignates the provisions as subpart 2). Increases the maximum award amount for Pell Grants to $4,500 in academic year 1993-1994, with further increases based on the Consumer Price Index for academic years 1994-1995 through 1998-1999. Revises the formula for determining the amount of a Pell Grant award to a student. Sets forth payment schedules based on the expected family contribution and tuition costs, for various types of students. Modifies the prohibition against Pell Grant awards to students attending on a less than half-time basis, to allow such awards for not more than five semesters (or their equivalent). Revises provisions relating to the period of eligibility for Pell Grants. Includes as eligible for Pell Grants students in programs of study abroad that are approved for credit by the institution. Revises provisions relating to the eligibility index. Makes the Pell Grant program an entitlement. Gives every student who qualifies for a Pell Grant a contractual right against the United States for the amount of such grant to which they are entitled. Provides that Pell Grant recipients shall not be considered to be individual grantees for purposes of specified Federal law. Repeals specified provisions for a separate need analysis formula for Pell Grants. (Later in this Act, a single new need analysis formula and system is established for all title IV student aid programs, including Pell Grants. Subpart 2: Federal Supplemental Educational Opportunity Grants - Revises and renames the Supplemental Educational Opportunity Grants program under title IV part A subpart 2 as the Federal Supplemental Educational Opportunity Grants program (supplemental grants) (later redesignates the provisions subpart 3). Extends through FY 1997 the authorization of appropriations for the supplemental grants program. Includes students in programs of study abroad that are approved for credit by the institution among those eligible for supplemental grants. Requires institutions in the supplemental grants program to agree that the Federal share of awards will not exceed 75 percent, unless the Secretary determines that a larger Federal share is required to further the purpose of the program. Requires institutions to assure that selection procedures will be designed to award supplemental grants, first, to students with exceptional need (i.e. the greatest financial need). Requires that a reasonable proportion of an institution's supplemental grants allocation be made available to certain nontraditional students (i.e. less than full-time, age 24 or older, single parents, or independent students), if such allocation is directly or indirectly based in part on the financial need of such students. Revises provisions relating to transfer of funds. Requires reduction of an institution's allocation for the next fiscal year by the amount returned, if this is more than ten percent of its allocation. Authorizes waiver of such reduction if it is contrary to the interest of the supplemental grants program. Subpart 3: State Student Incentive Grants - Revises title IV part A subpart 3 provisions for the program of Grants to States for Student Incentives (State student incentive grants program) (later redesignates these provisions as subpart 4). Extends through FY 1997 the authorization of appropriations for such program. Includes, as eligible for grants from States under such program, eligible students participating in programs of study abroad approved for credit by the institutions. Increases to $5,000 (currently $2,500) the maximum amount for any such grants for full-time attendance at an institution of higher education and for campus-based community service work learning study jobs. Revises conditions for State allotments and expenditures under such program. Repeals the requirement for a reasonable proportion of a institution's allocation being made available to less than full-time students under such program. Subpart 4: Federal Early Outreach and Student Services Programs - Revises and renames subpart 4 of part A of title IV as Federal Early Outreach Services Programs (the current subpart 4, Special Programs for Students from Disadvantaged Backgrounds, is repealed in name, but reauthorized and revised under subpart 4 Chapter 1 provisions for Trio Programs). (Also transfers such subpart 4 to subpart 1 of part A of title IV and then redesignates subparts 1, 2, 3 as 2, 3, 4.) Sets forth chapter 1, TRIO Programs, i.e. the revised and reauthorized Special Programs for Students for Disadvantaged Backgrounds. Extends through FY 1997 the authorization of appropriations for such programs. Adds to program goals motivation and preparation of such students for doctoral programs. Adds requirements for: (1) a peer review application process; (2) inflation adjustments; (3) minimum grant levels for specified programs; (4) duration of grants and contracts; (5) notice of application status; (6) early notification and technical training for potential providers of special programs and projects; (7) unlimited number of applications by an entity; and (8) coordination with other programs for disadvantaged students. Directs the Secretary to ensure that: (1) members of groups underrepresented in higher education are represented as readers of TRIO programs applications; and (2) each such application is read by at least three reviewers not employed at the Department of Education. Sets forth requirements for documentation of status as a low-income individual, for purposes of TRIO programs eligibility. Revises provisions for the Talent Search program (one of the TRIO programs). Sets forth an expanded list of permissible services which talent search projects may offer, in addition to tutoring, including counseling, mentoring, and parent workshops. Lowers the minimum age and elementary education completion levels for participant eligibility to 11 years of age and five years of school completed (currently 12 and six, respectively, while retaining the maximum age level of 27 years). Revises provisions for the Upward Bound program (one of the TRIO programs). Adds to the list of permissible services which upward bound projects may offer mentoring programs involving elementary or secondary school teachers college faculty, students, or any combination thereof. Requires any assisted upward bound project which has received two or more years of program funding to include in its core curriculum: (1) instruction in mathematics through precalculus; (2) at least one laboratory science; (3) at least one foreign language; and (4) instruction in composition and literature. Revises provisions for Student Support Services (one of the TRIO programs). Adds requirements for design goals of support services projects, including increased rates of college retention, graduation, and transfers from two- to four-year institutions, and institutional climates supportive of low-income and first-generation college students and individuals with disabilities. Adds to permissible services for such projects mentoring programs involving school teachers, college faculty and/or students. Revises provisions for the Ronald E. McNair Postbaccalaureate Achievement (under TRIO programs provisions). Adds to permissible services: (1) mentoring programs involving elementary or secondary school teachers, college faculty, and/or students; and (2) exposure to cultural events and academic programs not usually available to disadvantaged students. Allows costs for summer room and board, summer tuition, and transportation to summer programs to be paid in addition to the maximum annual amount for a student stipend. Eliminates provisions which: (1) conditioned program funding on specified minimum funding for other programs; and (2) set program funding limits. Revises provisions for Educational Opportunity Centers (under TRIO programs provisions). Expands the list of permissible services which such centers may offer, in addition to tutorial and counseling services, including public information campaigns, assistance in course selection, financial aid application, and entrance exam preparation, alternative education guidance for dropouts, career workshops, monitoring programs and special programs for students of limited English proficiency. Revises provisions for Staff Development Activities (for training for staff and leadership personnel for projects under TRIO Programs). Requires such training to be offered annually for new directors of such projects as well as annually specified topics and other topics chosen by the Secretary. Authorizes the Secretary to make Outreach Grants to institutions of higher education, community-based organizations, and other public and private nonprofit organizations to provide outreach information to potential providers of programs and projects authorized under Federal Early Outreach and Student Services Programs (the new subpart 1) that could serve groups underrepresented in such programs. Authorizes the Secretary to make Project Evaluation grants and contracts to institutions of higher education and other public and private organizations to: (1) evaluate the effectiveness of the various programs authorized under TRIO programs provisions (chapter 1); and (2) disseminate results of on-going evaluations to similar programs as well as to other individuals concerned with the postsecondary access and retention of low-income, first-generation students. Establishes National Liberty Scholarships and Partnerships Programs (as chapter 2 of the new subpart 1). Authorizes the Secretary to establish such programs through matching payments to States for: (1) State financial aid programs that award grants to low-income students who attain a high school diploma or its equivalent to guarantee them the financial assistance necessary to attend an institution of higher educaiton; and (2) a partnership program (provided by States in cooperation with local educational agencies, postsecondary institutions, and community organizations) of additional counseling, outreach, and supportive services for elementary, middle, and secondary students at risk of dropping out of school and for students and their parents regarding college financing options. Requires State plans for such financial aid program to provide for: (1) at least one-half of program costs from non-Federal funds; (2) all qualified students to be designated as eligible; and (3) first preference for payments of specified other grant funds to students eligible for grants under this program. Requires State plans for such partnership program to provide for matching the Federal grant with funds from non-Federal sources which will supplement and not supplant funds for existing State and local programs. Requires States, in order to receive such financial aid program payments, to establish or maintain a financial assistance program that awards grants to students in accordance with specified requirements. Requires that the maximum amount of such a grant be established by the State, but prohibits such amount from being less than 75 percent of the average cost of attendance for an in-State student in a four-year program at public institutions in such State. Defines "qualified student" for purposes of such financial aid program as one who: (1) is less than 22 years old at time of first grant award; (2) is receiving a Pell Grant for the academic year of the award or would be eligible for such Pell Grant but for their attendance on a less than half-time basis; (3) receives a high school diploma or equivalent in 1993 or thereafter; and (4) is enrolled in an authorized degree program in the State (States may opt to offer grant program portability for recipients at institutions in other participating States). Requires a State to demonstrate, under the partnership program, that it has increased the aggregate amount of its expenditures to provide comprehensive mentoring, counseling, outreach and supportive services. Directs the Secretary to establish criteria for determining which types of services programs may be counted for such purpose. Lists examples of acceptable activities. Allows the State to include in such program participating of businesses, religious organizations, community groups, postsecondary educational institutions, nonprofit and philanthropic organizations, and other entities deemed appropriate by the Secretary. Sets forth requirements for Federal matching payments to States for such financial aid and partnership programs, with additional payments for limited administrative expenses. Bases State allotments under this Act on their relative allocations under provisions for grants for local educational agencies in counties with especially high concentrations of children from low-income families under the Elementary and Secondary Education of 1965. Prohibits any State from using more than 50 percent of its allotment for the comprehensive counseling, outreach, and support services partnership program. Sets forth reallotment provisions. Authorizes appropriations for FY 1993 through 1997 for grants for matching payments to States for such financial aid and partnership program. Establishes Model Program Community Partnership Counseling Grants (as chapter 3 of the new subpart 1). Directs the Secretary to award grants to develop model programs for: (1) counseling students, at an early age, about college opportunities, precollege requirements, college admissions procedures, and financial aid opportunities, in ways designed or customized for use in specific geographic, social, and cultural environments; or (2) stimulating community partnerships with schools by providing tutoring, mentoring, work experiences, and other support services to make postsecondary education a realistic goal for all students. Gives priority to model programs directed at areas with a high proportion of minority, economically disadvantaged, or at-risk students. Sets forth requirements for: (1) either tailoring to a specific environment or community partnership with local businesses, labor organizations, or community groups; and (2) measurement of goals and outcomes. Directs the Secretary to collect, and disseminate through the National Diffusion Network, information on: (1) successful programs for counseling students about college and for early intervention to help them stay in school and pursue postsecondary education; and (2) model programs for counseling students in specific environments and for community partnership support services to make postsecondary education a realistic goal. Authorizes appropriations for FY 1993 through 1997 for such model program grants and such dissemination activities. Establishes the Presidential Achievement Awards Scholarships program (as chapter 4 of the new subpart 1), to award scholarships to Pell Grants recipients who: (1) have participated in a preparatory program for postsecondary education; and (2) demonstrate academic achievement. Allows Presidential Achievement Scholars to receive a Presidential Achievement scholarship for each year the student receives a Pell Grant and meets specified requirements for eligibility. Bases eligibility in the first year of postsecondary education on the student's receiving a Pell Grant and having: (1) participated for at least 36 months in an early intervention program meeting certain requirements; (2) completed secondary education, including three years of mathematics, two years of science, and four years of English; and (3) earned at least a 2.5 grade point average in the final two years of high school. Bases eligibility after the first year on the student's receiving a Pell Grant and: (1) having received a Presidential Achievement Award in a previous academic year; and (2) maintaining satisfactory academic progress. Sets such scholarship amount at 25 percent of the student's Pell Grant amount (with reductions for the amount by which the scholarship combined with any other assistance exceeds the cost of attendance). Sets forth provisions for award procedures, payment of scholarships, and awards cermonies. Establishes a program of Technical Assistance for Teachers and Counselors (as chapter 5 of the new subpart 1). Directs the Secretary to award two-year technical assistance grants to local educational agencies (LEAs) to obtain specialized training for guidance counselors, teachers, and principals to counsel students about college opportunities, precollege requirements, college admissions procedures, and financial aid opportunities. Gives priority to LEAs serving school districts with significantly high proportions of students who do not continue on to higher education and who are educationally disadvantaged. Sets forth planning, evaluation, and reporting requirements. Authorizes appropriations for FY 1993 through 1997 for such technical assistance grants. Establishes a National Student Savings Demonstration Program (as chapter 6 of the new subpart 1), to: (1) test the feasibility of a national program to encourage families to save for their children's college education, and thereby reduce the loan indebtedness of college students; and (2) help determine the most effective means of achieving such purposes. Authorizes the Secretary to award a demonstration grant to not more than five States to conduct such a student savings program. Provides for a Federal match of not more than $50 per child. Gives priority to States proposing programs that establish accounts for a child prior to the age of compulsory school attendance in that State. Gives special consideration to States that: (1) permit employers to use pretax income in making contributions to a child's account; and (2) provide assurances that interest earned in such accounts shall be exempt from State taxes. Authorizes appropriations for FY 1992 through 1996 for such program. Sets forth provisions for Public Information (as chapter 7 of the new subpart 1), including a database, information lines, and public advertising. Directs the Secretary to award a contract to establish and maintain: (1) a computerized database of all public and private financial assistance programs, to be accessible to schools and libraries through modems or toll-free telephone lines; and (2) a toll-free information line, including access by telecommunications devices for the deaf, to provide individualized financial assistance information to parents, students, and others, including referrals to postsecondary clearinghouse for individuals with disabilities. Directs the Secretary to encourage private nonprofit organizations to work with video producers to develop and deliver public service announcements and paid advertising messages that encourage economically disadvantaged, minority, or at-risk individuals to seek higher education and financial assistance counseling at public schools and libraries. Allows such announcements and messages to be specially designed for students of limited English proficiency. Requires the Secretary to keep the Congress informed of such advertising efforts and to recommend any additional legislative authority that will serve such purposes. Authorizes appropriations for FY 1993 through 1998 for such Public Information programs. Subpart 5: Amendments to Subparts 5 through 8 of Part A - Revises provisions for Special Programs for Students Whose Families Are Engaged in Migrant and Seasonal Farmwork (Migrant Programs) (subpart 5 of part A of title IV of HEA), including the high school equivalency program (HEP) and the college assistance migrant program (CAMP). Includes under program eligibility provisions, for HEP recruitment services and CAMP outreach and recruitment services, certain persons who have participated under specified programs for migrants under the Elementary and Secondary Education Act of 1965 or the Job Partnership Training Act. Extends the ordinary grant period to five years (currently three). Extends through FY 1997 the authorization of appropriations for Migrant Programs. Extends through FY 1997 the authorization of appropriations for the Robert C. Byrd Honors Scholarship Program (subpart 6 of part A of title IV of HEA). Repeals provisions for certain definitions under such program. Repeals provisions for Assistance to Institutions of Higher Education (subpart 7 of part A of title IV of HEA), including: (1) certain cost-of-education payments to institutions of higher education based on numbers of students receiving Pell Grants; and (2) a veterans education outreach program. Extends through FY 1997 the authorization of appropriations for Special Child Care Services for Disadvantaged College Students (subpart 8 of part A of title IV of HEA). Part B: Federal Family Education Loans - Revises and renames HEA title IV part B as the Federal Family Education Loan Program (currently the Robert T. Stafford Student Loan Program). Refers to the program under this part as the Federal Stafford Student Loan Program (currently known as the Stafford or Guaranteed Student Loan- GSL-program) and to loans made under this part as Federal Stafford Loans. Limits the authorization to guarantee new loans under the part B (Stafford Loan) program, by making such guarantee authority contingent on timely rulemaking. Prohibits issuance of any such new loan guarantees after June 30, 1994, if the Secretary does not issue final regulations implementing the changes made this Act. (Under part D of this Act a Federal Direct Loans program replaces the Stafford or GSL program, with a phase-in process beginning in July 1994 and terminating GSL authority by the end of June 1996.) Revises Stafford or GSL program provisions to add provisions relating to guaranty agency funding and solvency, including requirements for: (1) information collection; (2) standards; (3) management plans; (4) penalties for failure to submit acceptable plans; (5) reports; and (6) confidential treatment of information. Revises payment rules for the GSL (and the FISL or federally-insured student loan) programs to: (1) require graduated or income-sensitive schedules upon borrower request; and (2) eliminate the special minimum payment rule for married couples. Adds special rules to cover approved study abroad, for purposes of student loan disbursement and amounts. Revises provisions relating to applicable interest rates. Revises provisions for agreements for Federal payments to reduce student interest rates. Prohibits eligible institutions with a cohort default rates of 20 percent or higher from providing loan applications directly to their students (who must therefore obtain an application from the lender). Provides for proration of GSL loan program amounts eligibility to course load. Requires a minimum payment of at least the interest due and payable. Revises provisions for deferments. Revises provisions relating to exclusion of forebearance from repayment period calculation. Revises provisions relating to consequences of institutional eligibility limitation, suspension, and termination actions. Requires participation agreements between the guaranty agency and each eligible institution. Requires notice to borrowers of any sale or other transfer of the loan to another holder. Allows requests for GSL program student loan repayment deferments by students engaged in graduate or postgraduate fellowship-supported study abroad (such as Fulbright grant recipients) to be approved until completion of the fellowship period. Adds requirements for conflict-of-interest restrictions on guaranty agency officers and employees. Authorizes guaranty agencies to enter into agreements under which State licensing boards will, upon request, furnish guarantee agencies with the addresses of student borrowers. Revises the time period during which a guaranty agency may file a claim for reimbursement. Limits additional review claims by exceptional performance lenders and loan servicers to cases of fraud or other purposeful misconduct in obtaining such designation. Revises provisions relating to subrogation. Requires guaranty agencies to submit lists of defaulted borrowers to institutions of higher education to check on the lists' accuracy, prior to filing reinsurance claims. Revises forbearance provisions. Provides for references to third party servicers. Sets forth special rules for exceptional performance in loans collection by eligible lenders and loan services. Revises provisions for cost of lender participation promotion to refer to eligible (rather than commercial) lenders. Provides for coordination of repayment of Stafford loans and Supplemental Loans for Students (SLS). Revises provisions relating to capitalization of interest. Revises provisions for parent (PLUS) loans with respect to: (1) copayable checks; (2) disbursement; (3) limitation of deferral; and (4) capitalization of interest. Revises provisions for consolidation loans with respect to: (1) use of consolidation to avoid default; (2) extension of the consolidation eligibility period; (3) consolidation of loans of married borrowers; (4) interest during deferral; (5) repayment periods; and (6) gradual and income-sensitive repayment. Revises loan proceeds disbursement rules to: (1) prohibit institutions from penalizing students because of delayed disbursement; and (2) allow weekly or monthly disbursement, with the borrower's permission. Adds provisions for unsubsidized Stafford loans for middle-income borrowers. Authorizes insured loans under the part B program for borrowers who do not qualify for Federal interest subsidy payments. Entitles any student meeting the definition of student eligibility under title IV general provisions to borrow an unsubsized Stafford loan. Sets forth provisions for: (1) determination of loan amount; (2) loan limits; (3) payment of principal and interest without subsidy payments to reduce interest costs; (4) reinsurance premium; and (5) single application form. Establishes an extended collection demonstration program. Directs the Secretary to enter into agreements with guaranty agencies to establish up to nine demonstration programs designed to reduce defaults through extended efforts on delinquent student loans originally guaranteed by such agencies. Sets forth provisions for: (1) selection of participants; (2) eligibility of loans for inclusion in the program; (3) lender eligibility to participate; (4) extended collection period; and (5) reports, regulations, and applicability of other terms, conditions, and benefits. Terminates such demonstration program on September 30, 1995. Directs the Secretary to use at least a minimum specified amount of part B-Funds for default reduction activities, including program reviews, audits, debt management programs, training activities, and other management improvement activities. Revises part B administrative provisions relating to: (1) authority to regulate services; and (2) limitation, suspension, and termination. Directs the Secretary to promulgate regulations for: (1) standardization and simplification of student loan forms and procedures; and (2) standardization of data reporting. Directs the Secretary to: (1) undertake a program to encourage private and public employers to assist borrowers in repaying student loans under title IV, including options for payroll deduction and loan repayment matching under employee benefit packages; (2) publicize repayment models deserving recognition; and (3) make recommendations to appropriate congressional committees on changes to the tax code or other statutes that could encourage such efforts. Adds provisions relating to the consequences of guaranty agency insolvency. Revises requirements for student loan information by eligible lenders to include statements that the loan must be repaid and that the borrower's loan repayment obligation is distinct from the school's obligation to the borrower. Revises definition for the student loan insurance program. Repeals a separate definition of institution of higher education. Defines both institution of higher education and eligible institution as under title IV general provisions. Repeals a definition of vocational school. Revises the definition of eligible lender. Prohibits a cohort default rate above 15 percent. Requires use of proceeds from special allowance payments and interests payments from borrowers for need-based grant programs, except for reasonable reimbursement for direct administrative expenses. Defines third party servicer. Revises provisions for the Secretary's repayment of loans of bankrupt, deceased, or disabled borrowers to extend such treatment to borrowers: (1) who are unable to complete the program due to the closure of the institution; or (2) whose eligibility to borrow under part B GSL programs was fraudulently certified by the eligible institution. Provides that the Secretary shall pursue any claim available to such borrower against the institution (as well as discharge their liability by repaying the amount owed). Provides that the period of attendance at the institution which closed and at which the student was unable to complete the course of study shall not count against the student's period of eligibility for additional title IV assistance. Provides that borrowers whose loans have been discharged under these repayment provisions shall not be precluded from receiving additional title IV assistance. Directs the Secretary to report to credit bureaus on such repaid loans. Permits a certain special allowance to also be given on unsubsidized Stafford loans. Phases out origination fees under part B student loan programs, and eliminates discounting. Allows the Student Loan Marketing Association (Sallie Mae) (the Association) to charge interest on any loan on the same basis as national banks located in: (1) the District of Columbia; and (2) the State in which the lender is located. Part C: Federal Work-Study Programs - Revises and renames HEA title IV part C as Federal Work-Study Programs (currently Work-Study Programs). Extends through FY 1997 the authorization of appropriations for part C work-study programs. Provides for reallocation of excess allocations as a consequence of failure to award work-study program funds, under specified conditions. Allows institutions to use work-study program funds to pay eligible students to engage in mentoring activities. Increases from $200 to $300 the amount of work-study program compensation in excess of need that a student may receive. Includes students who are age 24 or older, single parents, or independent students (as well as less-than-full-time students) among those for whom a reasonable proportion of an institution's work-study program funds must be available. Revises Federal share provisions. Adds provisions for approved study abroad eligibility for work-study programs. Requires work-study program grant agreements to provide assurances that employment made available from such program funds may be used to support programs for supportive services to students with disabilities. Sets forth provisions for carry-back authority. Increases the maximum amount of its work-study grant allotment which an institution may use for a community services job location and development program for its students. Establishes a work colleges program. Transfers to Part D of title XI current provisions for: (1) work study for community service-learning on behalf of low-income individuals and families; and (2) student community service job location and development. Authorizes appropriations for FY 1992 through 1996 to carry out to work colleges program. Requires such funds to be allocated to qualifying institutions, in lieu of allocations under other specified work-study program provisions, upon application, for eligible students as defined under student aid provisions. Requires an institution receiving such a work colleges program allocation to expend an equal amount of matching funds from non-Federal sources for such program. Authorizes institutions to use such work colleges program funds for: (1) supporting qualified students' educational costs through self-help payments or credits provided under the institution's work-learning program within the limits of student aid program provisions; (2) promoting work-learning-service experience as a tool of postsecondary education, financial self-help, and community service-learning opportunities; (3) administering, developing, and assessing comprehensive college work-learning programs, including community based work-learning alternatives that expand opportunities for community service and career-related work; and (4) developing programs that develop sound citizenship and personal values, encourage student persistence, and make optimum use of college work-study dollars in HEA title IV aid in education and student development. Allows funds allocated to the institution under HEA title IV provisions for supplemental educational opportunity grants, work-study programs, and direct student loans to be transferred for use under the work colleges program to provide flexibility in strengthening the self-help-through-work element in financial aid packaging. Requires postsecondary institutions, in order to be eligible to participate in the work colleges program, to: (1) be public or private nonprofit institutions with stated commitments to service; (2) have comprehensive work-learning-service program for at least two years; (3) requires service by all resident students through a comprehensive work-learning program as an integral part of the institution's educational philosophy; and (4) provide through the institutional work program an opportunity for the students to contribute to the overall educational program and the welfare of the community as a whole. Part D: Federal Direct Loans - Establishes a Federal Direct Loans program as part D of title IV of HEA. (Eliminates the current part D, Income Contingent Direct Loans Demonstration Project.) (Provides that such Federal Direct Loans program shall replace the Guaranteed Student Loan (GSL) and the Perkins Direct Loan programs which shall be phased out.) Directs the Secretary to carry out such Federal direct loan program (the program) for qualified students at institutions of higher education during the period beginning on July 1, 1994. Directs the Secretary to make program payments for any fiscal year to: (1) each institution of higher education having a program agreement; and (2) the designated lending agent if such an institution designates one. Requires such payments to be made on the basis of the estimated needs of the institution's students, considering their demand and eligibility for subsidized and unsubsidized direct loans under the program. Sets forth program payment rules, in general and for initial payments. Declares that an institution with an approved application and agreement with the Secretary shall be deemed to have a contractual obligation (entitlement) from the United States for making the program payments specified in that application. Sets forth requirements for such applications of and agreements with institutions of higher education. Requires the Secretary to make program agreements for the academic year beginning July 1: (1) 1994, with a first cohort of 450-500 institutions; (2) 1995, with a second cohort of 950-1,000 institutions in addition to the first cohort; and (3) 1996, with a third cohort of any institutions desiring to participate. Provides for allowing institutions to designate lending agents to receive advances of program payments. Sets forth types of entities eligible to be designated lending agents. Entitles an institution to a payment for each fiscal year during which it makes student loans under such an agreement in lieu of reimbursement for its expenses in administering its student loan program during such year. Sets forth formulas for determining such payments. Requires each institution to use such payments first to carry out specified HEA provisions relating to administrative expenses and then for such additional administrative costs as that institution determines necessary. Deems an institution with such program agreement to have a contractural right to such payments. Provides for student eligibility for, and the amount of, subsidized and unsubsidized loans under the program. Limits program eligibility, among other criteria, to qualified students carrying at least one-half the normal academic workload and maintaining good standing. Allows subsidized loans under the program to be made only to students who meet the basic requirements but also demonstrate financial need for such a loan. Makes qualified graduate and professional students and qualified undergraduate independent students eligible to borrow unsubsidized loans under the program in specified amounts. Makes qualified undergraduate dependent students eligible for unsubsidized loans under the program, if the financial aid administrator determines after review that exceptional circumstances will likely preclude the student's parents from borrowing under the program. Prohibits students from being eligible to borrow unsubsidized loans under the program until they have obtained a high school diploma or equivalent. Declares that, if an institution's cohort default rate is 30 percent or more for the most recent fiscal year for which data is available, no undergraduate student at that institution may borrow unsubsidized loans under the program. Directs the Secretary to afford any such institution an opportunity to present evidence contesting the accuracy of the calculation of such rate. Makes parents of qualified dependent students eligible to borrow unsubsidized loans under the program in any amount, subject to specified restrictions based on cost of attendance and amount of other unsubsidized loans and student aid. Provides for determining subsidized loan amounts, based on cost of attendance, other types of student aid received, and expected family (or independent student self-help) contribution. Sets annual and aggregate limits for subsidized loans to first-year, undergraduate, and graduate or professional students. Provides for determining unsubsidized loans to students or parents, based on cost of attendance and other types of student aid. Sets forth annual and aggregate limits for unsubsidized loans for first-year, undergraduate, and graduate or professional students. Sets forth terms of loans under the program. Provides for deferments of repayment during specified periods of education or service. Allows borrowers to accelerate without penalty repayment of the whole or any part of the loan. Sets forth additional and separate terms for subsidized loans and for unsubsidized loans under the program. Sets forth requirements for multiple disbursement of student loans. Sets forth loan repayment rules, including minimum repayment amounts. Requires if a borrower so requests, that repayment be made in accordance with a graduated or income contingent schedule established by the Secretary. Allows the Secretary and the borrower to agree to increase the specified repayment period, but prohibits it from extending beyond 20 years. Directs the Secretary to notify the student borrower, at the beginning of the repayment period, of the availability of the flexible repayment program. Provides for interest rates on: (1) unsubsidized loans (the bonds equivalent rate of 52-week Treasury bills, plus three and one-quarter percent) (but not exceeding 12 percent); and (2) and subsidized loans (eight percent). Directs the Secretary to report such interest rates to the Congress for any fiscal year in which they are not sufficient to recover specified costs to the Government. Sets forth requirements for consolidation loans. Directs the Secretary to enter into agreements to provide loans to consolidate eligible student loans whose outstanding indebtedness is at least $10,000. Sets forth terms and conditions of consolidation loans, including annual interest rates of at least eight percent. Directs the Secretary to establish repayment terms, including graduated and income contingent repayment schedules. Provides for administration of the program. Requires the Secretary to establish: (1) a central data system to maintain records on all loans made under the program; and (2) default prevention programs. Provides for funding of the program through the sale of Government obligations. Sets forth the duties of the Secretary and the Secretary of the Treasury with respect to such sale and funding. Sets forth various amendments to phase out the Stafford Student Loan Program (GSL) by June 30, 1996. Authorizes appropriations for FY 1992 and thereafter for administrative expenses necessary for carrying out title IV student aid programs, including expenses for staff personnel and compliance activities. Part E: Federal Perkins Loans - Revises and renames part E of title IV of HEA as Federal Perkins Loans (currently named Direct Loans to Students in Institutions of Higher Education or Perkins Loans). Extends through FY 1997 the authorization of appropriations for contributions by the Secretary to Perkins Loans program student loan funds. Adds provisions for eligibility for study abroad. Provides for reduction of allocation as a consequence of failure to award funds. Revises Perkins loan program provisions for capital contributions by institutions. Requires an institution to match the Federal capital contribution if the institution is granted permission to participate in an Expanded Lending Option and has a default rate not more than seven and one-half percent. Requires all other institutions to contribute an amount at least one-third of the Federal amount. Adds requirements for institutions to disclose specified information to any credit bureau with which the Secretary has a specified agreement. Revise loan limits under the Perkins Loan program. Provides for a reasonable proportion of a institution's Perkins Loans to be made to nontraditional students, including less-than-full-time, age 24 or older, single parents, or independent students. Revises minimum monthly payments for loans made after a specified date. Provides for adjustment of excessive loan awards. Adds a deferment of Perkins loan repayment for family service agency employees who provide or supervise services to high-risk children from low-income communities and their families. Allows requests for deferment of Perkins loan repayment by students in graduate or post-graduate fellowship-supported study abroad (such as Fulbright grant recipients) until completion of the fellowship period. Authorizes the Secretary to grant an institution special repayment authority to compromise, within specified limits, on the repayment of defaulted Perkins loans, under specified conditions, to encourage repayment and protect U.S. interests. Revises provisions for cancellation of Perkins loans for certain public service. Adds special rules for determining the list of schools with specified percentages of educationally disadvantaged students at which full-time teaching service in any subject may qualify for such cancellation, and for continuing eligibility even if the school is no longer on such list. Adds provisions for such cancellation for full-time service as: (1) a teacher of infants, toddlers, children or youth with disabilities in a public or other nonprofit elementary or secondary school system, or as a professional provider of early intervention services; (2) nurse or medical technician providing health care services; or (3) family service agency employee providing or supervising services to high-risk children from low-income communities and their families. Revises an excess capital rule. Establishes the Perkins Loan Revolving Fund, to be available to the Secretary to make payments under part E. Provides that specified funds be deposited in such Fund. Provides for gradual termination of the Perkins Loan program, to be replaced by the Federal Direct Loans program. Prohibits any institution which has a Federal Direct Loans program agreement with the Secretary from receiving funds or making new loans under the Perkins Loan program. Requires deposit in an endowment fund of any collections of Perkins loans after an institution has begun distributing Federal Direct Loans. Requires the proceeds of such endowment fund to be awarded to student at that institution under specified provisions for Federal Supplemental Educational Opportunity Grants. Part F: Need Analysis - Revises HEA title IV part F provisions for Need Analysis. Establishes a new single need analysis formula to be used in the calculation of financial need for all title IV Student Assistance programs (thus replacing the current separate formulas for Pell Grants and for other title IV programs). Bases such new formula on the current formula used for the Stafford (GSL) and the "campus-based" aid programs including supplemental grants and work-study programs. Revises provisions for amount of need. Eliminates provisions for a minimum student contribution. Revises provisions for cost of attendance. Revises provisions for expected family contribution: (1) in general; (2) for dependent students; (3) independent students without dependent children; and (4) independent students with dependent children. Revises provisions relating to the Secretary's authorization to prescribe specified updated need analysis tables and to propose modifications in the need analysis methodology. Revises provisions for the simplified needs test to provide for a by-pass and consideration as having a zero family contribution for those with family adjusted gross incomes less than or equal to the earned income tax credit. Retains provisions relating to: (1) the discretion of student financial aid administrators; (2) disregard of student aid in other Federal programs; and (3) Native American students. Revises definitions for need analysis provisions under title IV. Includes, under the definition of independent student, one who is 24 years of age or older by December 31 of the award year. Part G: General Provisions - Revises definitions for title IV (Student Assistance) in general. Excludes from the definition of institution of higher education, for purposes of title IV program eligibility, any institution which: (1) offers more than 50 percent of its courses by correspondence (also excludes correspondence courses from student eligibility); or (2) has filed for bankruptcy, if there is a judicial determination of fraud involving Federal funds. Sets forth certain eligible program requirements for proprietary institutions of higher education. Revises the definition of academic and award years. Sets forth certain eligible program standards for length of time of specified types of programs. Sets forth provisions for: (1) time limitations on, and renewal of, eligibility; (2) conditional certification of institutional eligibility; (3) branches; and (4) changes of ownership. Revises provisions relating to a master calendar. Revises provisions for forms and regulations for title IV student aid programs. Requires the common financial reporting form to be produced, distributed, and processed by the Secretary. Prohibits charging any parent or student a fee for the collection, processing, or delivery of financial aid through use of such a form. Requires institutions to pay the costs of other forms and their processing if they require or encourage students to use any form other than one approved by the Secretary. Requires use of the approved common form for purposes of title IV programs. Makes all data collected for the multiple data entry process the exclusive property of the Secretary. Prohibits such data from being transferred to a third party by an approved contractor without the Secretary's expressed written approval. Directs the Secretary to develop a streamlined reapplication process. Revises provisions for toll-free student aid information to include: (1) accessiblity for telecommunication devices for the deaf; and (2) referrals to a postsecondary clearinghouse for individuals with disabilities. Revises provisions for student eligibility for title IV student aid programs. Includes programs of study abroad approved for credit by the eligible institution among programs in which a student may receive such aid. Prohibits a student who is incarcerated from being eligible to receive a loan under title IV. Revises provisions for ability-to-benefit programs to include a State-prescribed determination process approved by the Secretary. Authorizes the Secretary to verify all applications for aid through the use of any means available, including exchange of information with other Federal agencies. Revises provisions for loss of student eligibility for violation of loan limits to allow students who inadvertently exceed such borrowing limit to repay the excess amount prior to being certified for further title IV assistance. Sets forth provisions for the Secretary's verification of social security numbers provided by students to eligible institutions. Sets forth provisions for data base matching with the Selective Service. Provides for eligibility for title IV assistance for students in study abroad programs approved for credit by their home institutions. Provides that students enrolled in courses of instruction at eligible institutions of higher education that are offered in whole or part through visual telecommunications devices or mediums and lead to recognized associate, bachelor, or graduate degrees shall not: (1) be considered to be enrolled in correspondence courses (which are not eligible for student assistance); and (2) have their eligibility to participate in HEA title IV student assistance programs restricted or reduced solely on the basis of their enrollment in such courses offered through visual telecommunications. Prohibits the Secretary, for award years prior to enactment of this Act, to take any action against a student or eligible institution arising out of a prior award of student assistance if the institution demonstrates that its course of instruction would have been in conformance with such provisions. Revises statute of limitations provisions to provide that, with respect to any loan made part B GSL programs, a lender, holder, guaranty agency, or the Secretary shall not be subject to any claim or defense asserted by a borrower which is attributable to an act or failure to act by an educational institution attended by the borrower (unless the lender is an eligible institution). Establishes requirements for institutional refunds, refund policies, disclosures of policy. Revises provisions for information dissemination activities. Requires the institution to inform prospective student borrowers that study abroad programs approved for credit by the institution are eligible for student aid. Requires borrowers to provide certain information during the exit interview, regarding their expected permanent address, employer, next of kin, and corrections in the institution's records relating to their identification and location. Requires the institution to forward such information to the lender and guaranty agency. Establishes requirements for institutional information to students and prospective students regarding campus security policy and crime statistics. Sets forth provisions for campus security policy development. Revises provisions for a National Student Loan Data System to include requirements for: (1) common identifiers; and (2) integration of databases. Directs the Secretary to establish a centralized Student Loan Data System for use by schools, borrowers, holders, and guarantors in: (1) confirming borrower, internship, and residency status; and (2) identifying the current holder and servicer of a loan. Sets forth requirements for information in such system and restricted access, and deadlines for planning and implementation. Revises provisions for training in financial aid and student supportive services. Sets forth grant limitations. Extends through FY 1997 the authorization of appropriations for such training programs. Revises provisions for title IV program participation agreements. Requires institutions to disclose to prospective student relevant State licensing requirements for any job for which the course of instruction is designed. Prohibits institutions from: (1) making incentive payments to persons or entities engaged in student recruiting or admission or awarding of assistance; (2) employing or using any individual or organization that has committed fraud involving Federal funds; or (3) denying Federal aid to any eligible student because of participation in approved study abroad. Requires institutions: (1) acknowledge specified entities' information-sharing authority; (2) develop Default Management Plans under specified conditions; (3) comply with any specified maximum growth rates or percentages of aid recipients; and (4) complete specified surveys and collect and transmit specified information. Revises provisions relating to hearings and availability of records. Requires financial responsibility standards to: (1) be based on annual independent financial audit reports on institutions; and (2) require of every institution a letter of credit or other irrevocable bond to cover all potential liabilities to students and to the Secretary, for funds under title IV and cover all loan obligations discharged to students under specified provisions. Requires compliance audits of third party servicers. Authorizes emergency actions by the Secretary against any or all institutions under the substantial control of any individual or entity that is determined to have committed violations of any title IV program requirements or has been suspended or debarred by the Secretary. Authorizes the Secretary to provide specified audit information to any appropriate Federal or State agency with responsibilities with respect to student assistance. Establishes a Quality Assurance Program. Authorizes the Secretary to select institutions for voluntary participation in such program based on criteria including demonstrated institutional performance and considering current quality assurance goals. Allows participating institutions to develop and implement their own systems to verify student financial aid application data. Exempts participating institutions from title IV reporting or verification requirements, and allows them to substitute such quality assurance reporting as the Secretary deems necessary. Sets forth conditions for removal from the program. Authorizes the Secretary to: (1) select institutions for voluntary participation as experimental sites to provide recommendations on the impact and effectiveness of proposed regulations or new management initiatives; and (2) exempt such institutions from any title IV requirements or regulations that would bias experimental results. Directs the Secretary to assign to each participant (including institutions, lenders, and guaranty agencies) in title IV programs a single identification number. Increases the percentage of specified program funds which may be involved in certain inter-program transfers. Revises provisions for administrative expenses payments to require a reasonable proportion of an institution's funds to be available for financial aid services during times and in places to accommodate specified types of nontraditional students. Revises title IV provisions for criminal penalties. Increase the amount of fines for specified violations. Adds provisions relating to extent of liability for financial losses to the Federal Government, student aid recipients, and other proram participants and civil and criminal penalties, arising from material inaccuracy of information submitted by institution to the Secretary. Authorizes the Secretary to require: (1) financial guarantees from an institution participating or seeking to participate in a title IV program, and/or from one or more individuals exercising substantial control over such institution; and (2) the assumption of personal liability by one or more such individuals, in accordance with specified provisions. Revises provisions for the Advisory Committee on Student Financial Assistance to eliminate outdated provisions for a special institutional lender study. Sets forth provisions relating to the investigating and arrest authority and powers of designating employees of the Office of Inspector General, Department of Education. Establishes procedures for performance based regulatory relief for that satisfy specified criteria in title IV program participation. Requires regional meetings and negotiated rulemaking in developing regulations implementing amendments made to HEA title IV by this Act. Authorizes appropriations for FY 1993 for such purposes. Part H: Program Integrity - Establishes a new part H of title IV of HEA, Program Integrity. Sets forth requirements for State postsecondary approving agency programs for conduct or coordination of review and approval of institutions of higher education for purposes of title IV eligibility. Sets forth requirements for: (1) agreements with such State agencies; (2) Federal reimbursement of such State agency costs; (3) State agency functions, including criteria for review; (4) State standards, subject to disapproval by the Secretary, with differential standards for approval under specified conditions; (5) disapproval authority and procedures; (6) consumer complaints; and (7) enforcement mechanisms. Authorizes appropriations for FY 1993 and succeeding fiscal years for Federal reimbursement of State approving agency costs for such program integrity review and approval functions, in an amount not to exceed one percent of the amount appropriated for the fiscal year for title IV student financial assistance programs. Part I: Conforming Amendments - Makes conforming amendments to specified provisions of the Omnibus Budget Reconciliation Act of 1990 and the Higher Education Technical Amendments of 1991. Title V: Educator Recruitment, Retention, and Development - Revises HEA title V (Educator Recruitment, Retention, and Development). Authorizes appropriations for FY 1993 through 1997 for: (1) the new part A, State and Local Programs for Teacher Excellence; (2) part B, Teacher Scholarships and Fellowships (currently part D), including subpart 1 Paul Douglas Teacher Corps-Scholarships, and subpart 2 Christa McAuliffe Fellowship Program; and (3) part C, National Programs, including subpart 1 National Mini Corps Program, subpart 3 Partnerships for Innovative Teacher Education, subpart 4 Teacher Opportunity Corps, subpart 5 National Job Bank for Teacher Recruitment, and subpart 6 Midcareer Teacher Training for Nontraditional Students (currently part A). Authorizes appropriations for FY 1993 for the part C subpart 7 Alternative Routes to Teacher Certification and Licensure. Authorizes appropriations for FY 1994 through 1998 for the part C subpart 2 National Board for Professional Teaching Standards. Establishes, as the new part A of title V, State and Local Programs for Teacher Excellence. Provides for: (1) funds to State educational agencies (SEAs), local educational agencies (LEAs), and institutions of higher education to update and improve the skills of classroom teachers and school administrators; and (2) a comprehensive examination of State requirements for teacher preservice and certification. Authorizes the Secretary to make grants to SEAs to improve the quality of teaching. Provides for allotment to States based on school-age population. Requires the SEA to allocate at least 50 percent of the State allotment to LEAs based on relative enrollments in their public schools and requiring any LEA receiving less than a specified minimum to form a consortium with other LEAs). Allows the SEA to reserve up to 25 percent of the State allotment for specified grants to institutions of higher education for teacher training programs. Directs the SEA to reserve not more than 25 percent of the State allotment to distribute to institutions of higher education for purposes of specified State uses of funds including assessment of teacher education programs, establishment of State Academies for Teachers and for School Administrators, and other teaching improvement activities. Requires the State to distribute such allotment funds to LEAs on a competitive basis if the appropriation for part A is less than a specified minimum amount. Sets forth requirements for State and local applications. Requires LEAs to use part A funds for inservice training of teachers. Allows LEAs to use such funds for: (1) programs to recruit individuals into teaching; (2) business partnerships for employee-teacher exchange and internship programs; and (3) other teaching improvement activities. Requires SEAs to use part A funds to conduct an assessment of teacher education programs within the State. Allows SEAs to use such funds for: (1) establishing State Academies for Teachers; (2) establishing State Academies for School Leaders; and (3) other teaching improvement activities. Requires each SEA receiving part A funds to undertake a study of teacher education programs and State laws and regulations relating to such programs, including standards or requirements for teacher certification and licensure. Sets forth deadlines for study results and reports. Sets forth provisions for competitive awards for and authorized activities of, State Academies for Teachers and State Academies for School Administrators. Sets forth provisions for applications by institutions of higher education for part A grants by SEAs. Requires SEAs to award such grants on a competitive basis to such institutions having departments, schools, or colleges of education, for: (1) institutional technical assistance to LEAs for inservice training; (2) innovations and improvements in teacher education programs within the institution to better meet LEAs needs for well-prepared teachers; (3) integrating the instruction of academic and vocational teacher education programs; (4) activities to encourage individuals, especially from minority groups, to pursue careers in education; and (5) implementing new requirements for teacher education programs, when the State study of such programs is completed. Requires part A funds to supplement, not supplant, regular non-Federal funds. Revises, and transfers to part B of title V of HEA, provisions for Teacher Scholarships and Fellowships (currently part D). Revises, extends, and renames subpart 1 as the Paul Douglas Teacher Corps Scholarships program (currently Paul Douglas, or Congressional, Teacher Scholarships program). Bases allocation among States on school-age population. Requires State agencies to make particular efforts to attract, and give priority consideration to, ethnic and racial minority students, students with disabilities, or other individuals historically underrepresented in teaching (as well as students from low-income disadvantaged backgrounds). Requires special consideration, in selecting teacher corps members, to be given to individuals who intend to teach: (1) students with disabilities (or provide related services for them); (2) limited English proficient students; (3) preschool age children; or (4) in curricular or geographic areas where there is a demonstrated shortage of qualified teachers. Retains and extends the subpart 2 Christa McAuliffe Fellowship Program, a national fellowship program for outstanding teachers. Establishes title V part C provisions for National Programs. Establishes, as subpart 1, the National Mini Corps Program. Authorizes the Secretary to make grants to institutions of higher education to establish program partnerships with LEAs. Provides for program services for individuals who are: (1) first-generation college students or low-income individuals as defined under TRIO special programs for students from disadvantaged backgrounds; or (2) migrant or seasonal farmworkers, or the children of such farmworkers, who meet qualifications for attendance at a college or university. Provides for certain program services, also, for children who are: (1) migrant children; or (2) eligible to receive services for educationally disadvantaged children with special needs under chapter 1 of title I of the Elementary and Secondary Education Act of 1965 (ESEA chapter 1). Requires the program to provide: (1) such individuals enrolled or planning to enroll in institutions of higher education with advice, training, and instructional services to help in being role models for such children; (2) such children with outreach and recruitment services to encourage them to enroll in teacher education programs; (3) such individuals enrolled in such an institution with support and instructional services to enable them to provide direct instructional services to such children, in coordination with SEA or LEA goals; (4) designation of college coordinators at participating institutions to train, supervise, and assign such individuals in cooperation with SEAs and LEAs in which such children have been identified; and (5) support for other activities related to encouraging such individuals to enter the teacher profession and provide a link to the community. Sets forth requirements for institutional applications, grant awards, and uses of funds. Establishes, as subpart 2 of part C, provisions for a National Board for Professional Teaching Standards (the Board). Directs the Secretary to provide financial assistance to the Board from specified appropriations authorized for FY 1994 through 1998. Sets forth terms and conditions for such funding. Prohibits any funds from being made available to the Board after FY 1995 (except as authorized for FY 1994 through 1998). Requires the Board to consult at least twice annually with the Committee (i.e. the Fund for Improvement and Reform of Schools and Teaching Board) on design and execution of its overall research and development strategy, including compliance with merit review and open competition requirements. Requires funds for the Board under this Act to be used only for research and development of teacher assessment and certification procedures for elementary and secondary school teachers. Requires that priority be given to such activities relating to teaching: (1) the subject areas of mathematics, the sciences, foreign languages, and literacy (including reading, writing, and analytical ability); and (2) special educational populations, including limited English proficient children, gifted and talented children, children with disabilities, and economically and educationally disadvantaged children. Sets the Federal share of the cost of such Board activities at 50 percent. Requires the Board to report annually to the appropriate committees of the Congress. Requires the Secretary of Education, the Director of the National Science Foundation, and the National Research Council to review and comment on the Board's report and to report to such congressional committees on the Board's compliance with these provisions. Establishes, as subpart 3 of part C, provisions for a new Partnerships for Innovative Teacher Education program. Authorizes the Secretary to make grants to and contracts with State and local educational agencies, institutions of higher education, and consortia of such institutions and agencies to plan, establish, and operate teaching schools to develop and put into practice the best knowledge about teaching. Provides that planning and implementation grant awards shall be for a term one year, with a total of five years of implementation grants under specified conditions. Provides for applications, priorities, uses of funds by award recipients, and authorized activities of such teaching schools. Sets the Federal share at 50 percent for planning grants and 33 1/3 percent for implementation grants. Establishes, as subpart 4 of part C, provisions for a Teacher Opportunity Corps (TOC), to encourage institutions of higher education to offer educational programs and financial assistance to enable paraprofessionals working in shortage area schools serving disadvantaged students to become certified teachers. Directs the Secretary to allocate TOC program grant funds to States according to the same formula under which States receive ESEA chapter 1 funding for education of disadvantaged children. Requires TOC grant program agreements to include provisions for administration and recordkeeping by the State education or higher education agency. Authorizes the Secretary to make grants to States to support TOC programs at institutions of higher education. Sets forth State grant application requirements and general criteria for State grants, including: (1) involvement of institutions of higher educaiton and shortage area schools or school districts; (2) full creditability to a baccalaurate program leading to teacher certification; (3) a program evaluation system; and (4) appropriate credit for paraprofessional classroom experience as practice or student teaching. Requires any paraprofessional who receives student financial assistance under the TOC program to agree to act as a paraprofessional in a shortage area school for at least one year for each year of such assistance, within ten years after completing the the postsecondary education. Requires repayment of all or part of such assistance, plus interest and reasonable collection costs, if the recipient fails to comply with this service requirements, except in specified circumstances. Requires that such student financial assistance supplement, but not supplant, other Federal or State assistance for which the student would otherwise qualify. Requires TOC program grants to be for a term of at least five years, subject to availability of appropriations. Allows States to use TOC program funds for: (1) student financial assistance to paraprofessionals to pay part or all of the costs of attendance in postsecondary education programs required for teacher certification; (2) instructional and supportive services for such paraprofessionals during participation in such programs; and (3) payment of child care expenses to attend postsecondary classes required for teacher certification. Establishes, as subpart 5 of part C, 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. Sets forth requirements for applications and authorized uses of funds. Retains and extends, and transfers to subpart 6 of part C of title V, provisions for Midcareer Teacher Training for Nontraditional Students (currently part A of title V). Alternative Routes to Teacher and Principal Certification and Licensure Act of 1991 - Establishes, as subpart 7 of part C of title V of HEA, Alternative Routes to Teacher and Principal Certification and Licensure. Establishes program of assistance for alternative routes to teacher certification or licensure, to improve the supply of qualified elementary and secondary school teachers and principals by assisting State programs to help talented professionals who have demonstrated high competence in a subject area and wish to pursue education careers to meet State certification licensing requirements, with special emphasis on minority group member participation. Sets forth requirements for allotments, State applications, and uses of funds. Repeals this subpart as of July 1, 1995. (Authorized appropriations for this subpart for FY 1993.) Title VI: International Education Programs - Revises title VI of HEA, International Education Programs. Revises provisions for part A, International and Foreign Language Studies. Revises provisions for graduate and undergraduate language and area studies, to add to authorized uses of program grants the establishing and maintaining of linkages with overseas institutions of higher education and other organizations that may contribute to specified educational objectives of the program or center. Authorizes the Secretary to make additional grants to comprehensive language and area centers for programs of linkage or outreach: (1) between foreign language, area studies, and other international fields and professional schools and colleges; (2) with two-and four-year colleges and universities; (3) with departments or agencies of State and Federal governments; (4) with the news media, business, professional, or trade associations; and (5) carried out by summer institutes in foreign area and other international fields. Revises provisions for stipends. Revises provisions for language resource centers. Revises provisions for undergraduate international studies and foreign language programs. Limits program grants to not more than 50 percent of project costs. Replaces model grant provisions with provisions for grants to strengthen programs of demonstrated excellence to ensure their self-sustaining maintenance and growth and enhance their capacity-building and dissemination functions. Authorizes the Secretary to also make grants for programs of national significance for undergraduate international studies and foreign language education purposes. Retains and extends provisions for intensive summer language institutes. Revises provisions for research, studies, and annual reports. Revises provisions for assistance in acquiring and making available periodicals published outside the United States to add provisions for other research materials published outside the United States. Authorizes appropriations for FY 1993 through 1997 for such assistance (in addition to other funds authorized for part A). Requires the Secretary, in awarding grants under part A International and Foreign Language Studies, to ensure that an appropriate portion of such funds are used to support undergraduate education. Extends through FY 1997 the authorization of appropriations for title VI part A, International and Foreign Language Studies. Revises title VI part B provisions for Business and International Education Programs. Revises provisions both for centers for international business education and for education and training programs to add to authorized users of such center and program grants: (1) establishment of linkages overseas with institutions of higher education and other organizations that contribute to such centers' and programs' educational objectives, and (2) summer institutes in international business, foreign area, and other international studies designed to carry out specified purposes. Extends through FY 1997 the authorization of appropriations for title VI part B, Business and International Education Programs, including Centers for International Business Education and Education and Training Programs. Revises title VI part C general provisions to eliminate provisions for an Advisory Board. Adds a definition of critical languages. Provides that amendments to title VI establishing new programs or expanding existing programs pursuant to this Act shall not be funded in FY 1993 through 1997 unless and until the Congress enacts appropriations for pre-1992 title VI programs enacted prior to this Act at a level no less than their, FY 1992 funding. Establishes a new part D of title VI, the Institute for International Public Policy (the Institute), which shall, conduct a program to significantly increase the numbers of African Americans and other minorities in the foreign service of the United States. Authorizes the Institute to be established through grant or contract between the Secretary and an eligible recipient (a consortia of institutions eligible for title III part B assistance for historically Black colleges and universities, other institutions of higher education serving substantial numbers of African American and other minority students, and institutions of higher education with nationally recognized programs in training foreign service professionals). Requires each consortia to designate a host institution for the Institute. 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 fellowships for full-time study for students who agree to enter the U.S. foreign service. Requires appointment of a Board of Visitors for the Institute. Sets forth matching requirements and provisions for gifts and donations. Authorizes appropriations for FY 1993 for the Institute. Title VII: Construction, Reconstruction and Renovation of Academic Facilities - Revises title VII of HEA, Construction, Reconstruction, and Renovation of Academic Facilities. Revises title VII program purposes, and makes a priority on renovation optional rather than mandatory. Extends through FY 1997 the authorization of appropriations for the following title VII programs: (1) part A, Grants for the Construction, Reconstruction, and Renovation of Undergraduate Academic Facilities; (2) part B, Grants for Construction, Reconstruction, and Renovation of Graduate Academic Facilities; (3) part C, Loans for Construction, Reconstruction, and Renovation of Academic, Housing, and Other Educational Facilities (consolidates the current parts C and F); and (4) part D, Grants to Pay Interest on Debt. Revises title VII part A provisions for Grants for the Construction, Reconstruction, and Renovation of Undergraduate Academic Facilities. Limits the total payment of under part A for any fiscal years to institutions of higher education in any State to not move than 12 1/2 percent of part A appropriations. Directs the Secretary to use a national peer review panel in making part A grants to institutions. Retains provisions for cost limitations and use for maintenance. Retains part B provisions for Grants for Construction, Reconstruction, and Renovation of Graduate Academic Facilities. Consolidates loan programs under current part C and part F provisions into a new part C, Loans for Construction, Reconstruction, and Renovation of Academic, Housing, and Other Educational Facilities. Sets forth provisions for such Federal assistance in the form of loans, use of funds, and a revolving loan fund. Limits to not more than 12 1/2 percent of part C funds in the form of loans the amount which may be made available to educational institutions within any one State. Directs the Secretary, in awarding part C loans, to give priority to loans for renovation or reconstruction of: (1) graduate or undergraduate academic facilities; and (2) older graduate or undergraduate academic facilities that have gone without major renovation or reconstruction for an extended period. Provides for a portion of funds obtained pursuant to specified provisions under title IV of the Housing Act of 1950 to be available for part C purposes. Retains part D provisions for Grants to Pay Interest on Debt, and part E provisions for the College Construction Loan Insurance Association. Eliminates provisions for part G, Special Programs. Establishes a new part F, Historically Black College and University Capital Financing. Authorizes the Secretary to enter into insurance agreements to provide financial insurance to guarantee full payment of principal and interest on qualified bonds to facilitate capital financing for historically Black colleges and universities (eligible institutions). Requires the Secretary to designate a qualified bonding authority that agrees to assume specified responsibilities, including using bond proceeds to make loans to eligible institutions for capital projects. Limits the aggregate principal amount of outstanding bonds insured under this Act together with any accrued unpaid interest thereon. Limits the specified portions of such aggregate amount which may be used for loans to eligible institutions that are, respectively, private or public. (Provides, for such purposes, that Lincoln University of Pennsylvania and Howard University in Washington, D.C., are public institutions.) Sets forth duties and powers of the Secretary under this part F, including procedures for designation of the bonding authority. Establishes, within the Department of Education, the Historically Black College and University Capital Financing Advisory Board. Provides for minority business enterprise utilization under this part F. Repeals title VII part J (I) provisions for the Agriculture, Strategic Metals, Minerals, Forestry, and Oceans College and University Research Facilities and Instrumentation Modernization Program. Title VIII: Cooperative Education - Revises title VIII of HEA, Cooperative Education. Extends through FY 1997 the authorization of appropriations for cooperative education programs under title VIII. Limits eligibility to apply for new administration grants under title VIII to those institutions of higher education which have not received funds for the administration of the cooperative education program for the preceding ten years. Revises provisions for Federal share and applications. Title IX: Graduate Programs - Revises title IX of HEA, Graduate Programs. Directs the Secretary to provide for coordinated administration and regulation of assisted graduate programs to ensure that they are carried out in a manner most compatible with academic practices. Directs the Secretary to appoint administrative and technical employees with the appropriate educational background to assist in program adminstration. Revises and renames part A, Grants to Institutions to Encourage Women and Minority Participation in Graduate Education (currently, Grants to Institutions to Encourage Minority Participation in Graduate Education). Adds provisions for women (as well as for individuals from minority groups underrepresented in graduate education) under such part A program. Adds provisions for information collection under such part A program. Revises title IX part B provisions. Renames part B as Postbaccalaureate Opportunity and Harris Fellowship Programs (currently Patricia Roberts Harris Fellowships). Provides for a subpart 1 program of Postbaccaulaureate masters and professional education of women and minorities underrepresented in such education. Provides for a subpart 2 program, the Patricia Roberts Harris Graduate Fellowship Program, to provide, through institutions of higher education, grants to assist the doctoral education for women and individuals from underrepresented groups. Provides for individual stipends comparable with National Science Foundation Graduate Fellowships. Revises title IX part C provisions for the Jacob K. Javits Fellows Program. Authorizes up to 600 new fellowships per year (currently limited to 450 per-year). Revises provisions for individual stipends (to be comparable with National Science Foundation Graduate Fellowships). Sets the institutional assistance payment at $10,000, to be adjusted annually for inflation. Revises title IX part D provisions for Graduate Assistance in Areas of National Need. Provides for institutional commitments to provide stipends to complete graduate study to include students pursuing a doctoral degree after having completed a masters degree program. Provides for individual stipend comparable to National Science Foundation Graduate Fellowships. Provides for an added institutional assistance payment of $10,000, to be adjusted for inflation. Revises title IX part E provisions for Assistance for Training in the Legal Profession. Requires such assistance to be for minority and other low-income, disadvantaged college graduates to successfully pursue a law degree and service in the legal profession. Requires such assistance to be through and annual grant on contract with the Council on Legal Education Opportunity (CLEO). Sets forth authorized services for part E legal training projects. Requires the Secretary, by grant or contract on a biennial basis, with CLEO, to cover all or part of costs of specified activities. Authorizes appropriations for FY 1992 through 1996 for specified authorized services provided by part E legal training projects. Revises title IX part F provisions for Law School Clinical Experience Programs. Authorize grant use to cover costs of continuing (as well as establishing or expanding) such programs. Increases the maximum amount any law school may receive under part F in any fiscal year (from $100,000 to $250,000). Establishes, as a new part G of title IX, a program of Grants to Institutions to Encourage Minorities to Enter the Higher Education Professorate. 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 candidates 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 Faculty Development Fellowships. Sets forth application and selection requirements. Requires each Faculty Development 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. Transfers to part H of title IX provisions for Authorization of Appropriations (currently part G). Extends for FY 1993 through FY 1997 the authorization of appropriations for the following title IX programs: (1) part A, Grants to Institutions to Encourage Women and Minority Participation in Graduate Education; (2) part B, subpart 1, Postbaccalaureate Opportunity Fellowships; (3) part B, subpart 2, Patricia Roberts Harris Graduate Fellowship Program; (4) part C, Jacob K. Javits Fellows Program; (5) part D, Graduate Assistance in Areas of National Need; (6) part F, Law School Clinical Experience Programs; and (7) part G, Grants to Institutions to Encourage Minorities to Enter the Higher Education Professorate. Authorizes appropriations for FY 1994 through 1998 for part E, Assistance for Training in the Legal Profession (under part E, this Act also authorizes appropriations for FY 1992 through 1996 for specified authorized services provided by part E legal training projects). Title X: Postsecondary Improvement Program - Revises title X of HEA, Postsecondary Improvement Program. Authorizes the Secretary to make planning grants to institutions of higher education for the development and testing of innovative techniques in postsecondary education. Authorizes appropriations for FY 1993 through 1997 for such planning grants. Extends through FY 1997 the authorization of appropriations for HEA title X part A, Fund for the Improvement of Postsecondary Education (the Fund) (to which such planning grant provisions are added). Extends through FY 1997 the authorization of appropriations for part B, Minority Science and Engineering Improvement Programs. Retains the current division of such funds as follows: (1) 50 percent for the Minority Science Improvement Program; (2) 33 1/3 percent for Science and Engineering Access Programs; and (3) 16 2/3 percent for the Special Services Projects progam. Redesignates the current part C of title X of HEA, Innovative Projects for Community Services and Student Financial Assistance, as part C of a new title XI of HEA (Student Community Service). Establishes a new part C of title X of HEA, Special Projects in Areas of National Need. Authorizes the Secretary to make grants to institutions of higher education, consortia thereof, and other public agencies and nonprofit institutions for innovative projects concerning one or more areas of particular national need in postsecondary education identified by the Secretary and the Director of the Fund. Sets forth application requirements. Requires areas of national need to initially include, but not be limited to: (1) international exchanges; (2) campus climate and culture; and (3) evaluation and dissemination. Authorizes appropriations for FY 1993 through 1997 for such grants Title XI: Student Community Service - Establishes a new title XI of HEA, Student Community Service, which consolidate current and new HEA community service programs. Some elements of the current title XI, Partnerships for Economic Development and Urban Community Service, are contained in revised forms under the new title I of HEA, as amended by this Act.) Establishes, as part A of title XI, Higher Education Innovative Projects for Community Service, to support innovative projects to encourage students to participate in community service activities while attending institutions of higher education (such provisions are revised and transferred from the National and Community Service Act of 1990). (The current part A of title XI of HEA is Partnerships for Community Development.) Authorizes the Secretary (after consultation with the Commission on National Service, to insure coordination of activities, to make part A grants to and contracts with institutions of higher education (including consortia of such institutions) working in partnership with other public agencies and nonprofit organizations, to: (1) enable institutions to create or expand community service activities to their students; (2) encourage community service projects designed and initiated by students; (3) encourage student participation in community service activities that engender social responsibility and commitment to the community; (4) encourage students to assist in teaching individuals with limited basic skills or an inability to read and write; and (5) provide for training teachers, prospective teachers, related education personnel, and community leaders in the skills necessary to develop community service acitivites. Requires, with respect to proposed community service activities, consideration of: (1) the particular needs of a community; (2) the grantee's ability to actively involve a major part of the community; and (3) whether the community will benefit substantially. Sets the Federal share at not more than 50 percent. Sets forth application requirements. Authorizes appropriations for FY 1993 through 1997 for such part A program. Establishes a new part B of title XI, Student Literacy Corps and Student Mentoring Corps (the current part D of title I of HEA provides for a Student Literacy Corps). Authorizes the Secretary to make part B grants to institutions of higher education for up to four years to carry out literacy corps programs and/or mentoring corps programs in public community agencies in the communities in which the institutions are located. Sets forth authorized uses of, and limitations on, such grant funds. Sets forth application requirements for such programs. Sets forth provisions for technical assistance and coordination arrangements. Authorizes appropriations for FY 1993 through 1997 for such part B programs. Sets forth, as part C of title XI, provisions for Innovative Projects for Community Services and Student Financial Independence (currently such provisions are under part C of title X). Extends through FY 1997 the authorization of appropriations for such part C projects. Sets forth, as part D of title XI, provisions for Community Service-Learning. Transfers and revises such provisions, which are currently under title IV part C, for: (1) work-study for community service-learning on behalf of low-income individuals and families; and (2) community service job location and development programs for students at institutions of higher education. Establishes, as part E of title XI, Grants for Sexual Offenses Education and prevention programs. Authorizes the Secretary to make such part E program grants to and contracts with institutions of higher education, on a competitive basis. Requires program grants, in general, to be used to educate and provide support services to student victims of sexual offenses. Sets forth authorized activities. Requires that at least 25 percent ofprogram funds be available for grants for model demonstration programs, to be coordinated with local rape crisis centers, for: (1) development and implementation of quality rape prevention and education curricula; and (2) local programs to provide services to student sexual offense victims. Requires, under conditions for institutional eligibility for part E grants, written policies that: (1) prohibit all forms of sexual offenses; and (2) require disclosure to the victim of any sexual offense the outcome of any campus police investigation or campus disciplinary proceedings brought pursuant to the victim's complaint against the alleged perpetrator. Gives priority to grant applicants who do not have an established campus education program regarding sexual offenses. Sets forth requirements for part E grant applictions and grantee performance reports. Directs the Secretary to: (1) promulgate regulations for such program; and (2) report on such program to congressional committees responsible for issues relating to higher education and crime. Authorizes appropriations for FY 1992 through 1995 for such part E grants for sexual offenses education and prevention programs. Repeals provisions of the National and Community Service Act of 1990 relating to Higher Education Innovative Projects for Innovative Eduction (such provisions are transferred in a revised form to part A of title XI of HEA by this Act, as described above). Title XII: General Provisions - Revises title XII of HEA, General Provisions. Revises HEA definitions, including that of institution of higher education, and adds, definitions with cross-reference to other laws. Revises antidiscrimination provisions to declare that nothing in HEA shall be construed to limit any individual's rights or responsibilities under the Americans with Disabilities Act of 1990, the Rehabilitation Act of 1973, or any other law. Adds requirements for institutional disclosures of foreign gifts. Requires such disclosure reports to be made to the Secretary and to be open to public inspection. Provides for court orders to enforce such disclosure requirements. Title XIII: Indian Higher Education Programs - Part A: Tribally Controlled Community Colleges - Amends the Tribally Controlled Community College Assistance Act of 1978 to extend the authorization of appropriations: (1) from FY 1992 through 1996, for technical assistance contracts, grants to tribally controlled community colleges, and a renovation program and construction of new facilities; and (2) from FY 1993 through 1997, for the tribally controlled community college endowment program grants and economic development program. Amends the Navajo Community College Act to extend the authorization of appropriations from FY 1993 through 1997 for construction grants. Part B: Higher Education Tribal Grant Authorization Act - Higher Education Tribal Grant Authorization Act - Directs the Secretary of the Interior (the Secretary, for purposes of this part B of title XIII) to make grants to Indian tribes (tribes) to permit them to provide financial assistance to individual Indian students for the cost of attendance at institutions of higher education. Provides that such grants shall come from appropriations for supporting higher education grants for Indian students under the authority of the Snyder Act. Prohibits the Secretary from placing any restrictions not expressly authorized by this part on the use of funds provided to an Indian tribe under this part. Provides that this Act shall not affect any Federal trust responsibilities. Prohibits any termination, modification, suspension, or reduction of grants under this part which is only for the convenience of the administering agency. Allows any tribe to qualify for such a grant by filing: (1) a notice of intent to administer such a student assistance program, if such tribe obtains funds for educational purposes similar to those authorized in this part pursuant to a contract under the Indian Self-Determination and Education Assistance Act (ISDEAA) (contracting tribe); or (2) an application for such a grant, if the tribe does not have such an ISDEAA contract (noncontracting tribe), under guidelines for programs under ISDEAA. Presumes an Indian tribe which has qualified for such a grant to continue to be eligible for such a grant for each succeeding fiscal year, unless the Secretary revokes such eligibility for a specified cause, involving failure to submit annual financial statements and program descriptions to the Bureau of Indian Affairs (BIA) or biennial financial audits to the Secretary, or independently evaluated failure to comply with standards relating to eligible students, programs, or institutions of higher education, satisfactory progress, or allowable administrative costs, as determined under ISDEAA contracts. Sets forth procedural safeguards relating to such revocations, including written notice, opportunity and technical assistance to make corrections, and hearing and appeals applicable under ISDEAA. Directs the Secretary to continue to determine the amount of program funds to be received by each grantee under this part by the same method used for determining such distribution in FY 1991 for tribally-administered and BIA-administered programs of grants to individual Indians to defray postsecondary expenses. Provides for additional amounts to cover program administrative costs, determined for: (1) contracting tribes, by the method used by the grantee during the preceding ISDEAA contract period; and (2) noncontracting tribes, by the ISDEAA regulations governing such determinations, as in effect at the time of the grant application. Provides for a single grant to each grantee during any fiscal year, combining such program and administrative funds. Requires the grant to be maintained in a separate account. Requires the tribes to use such grants to make grants to individual Indian students to meet, on the basis of need, any educational expense of attendance in a postsecondary education program (as determined under ISDEAA contracts), to the extent such expense is not met through other sources or cannot be defrayed through the action of any State, Federal, or municipal Act (except that nothing in these provisions is to be interpreted as requiring any priority in consideration of resources). Allows use of such grants also for program administrative costs, within the specified limits. Bars use of grant funds for study at a divinity school or department or for any religious worship or sectarian activity. Sets forth provisions for grant payments. Requires that interest or any other income on grant funds: (1) be used only for the same purposes as the grants; (2) be the property of the tribe or tribal organization; and (3) not be taken into account by Federal officers or employees in determining whether to provide assistance, or the amount of assistance, under any Federal law. Sets forth requirements relating to investments and deposits of such funds. Provides that such funds shall not be considered for purposes of underrecovery or overrecovery determinations by any Federal agency for any other funds. Directs the Secretary to report biennially to the Congress on the programs established under this part, including specified items. Requires that: (1) grant applications, and application modifications, be reviewed and approved by personnel under the direction and control of the Director of the Office of Indian Education Programs; and (2) required reports be submitted to such personnel. Requires that specified provisions of the ISDEAA be applicable to grants provided under this Act. Authorizes the Secretary to issue regulations relating to discharge of duties specifically assigned to the Secretary by this part. Prohibits the Secretary from issuing regulations in all other matters relating to the details of planning, development, implementation, and evaluation of grants under this part. Provides that regulations issued under these provisions shall not have the standing of a Federal statute for purposes of judicial review. Sets forth procedures for retrocession of programs assisted under this part. Makes any such retrocession requested by a tribe effective on a date specified by the Secretary not more than 120 days after such request, or such later date as may be mutually agreed upon by the Secretary and the tribe. Requires the Secretary, if such program is retroceded, to provide any tribe served by such program at least the same quantity and quality of services. Requires the tribal governing body requesting the retrocession to specify whether the retrocession shall be to: (1) a contract administered by the tribe, or a tribal entity, under the authority of the ISDEAA; or (2) a BIA-administered program. Part C: Critical Needs for Tribal Development Act - Critical Needs for Tribal Development Act - Authorizes an eligible Indian tribe or tribal organization to require any applicant for federally funded higher education assistance to enter into a critical area service agreement, as a condition of receipt of such assistance. Requires such tribe or tribal organization that implements such critical area service agreements to designate particular occupational areas as critical areas for the economic or human development needs of the tribe or its members, and to notify the Secretary of the Interior in writing of such designated critical areas. Establishes guidelines and procedures to implement such critical area service agreements. Part D: Institute of American Indian Native Culture and Arts Development - Amends the Higher Education Amendments of 1986 (of which title XV is the American Indian, Alaska Native, and Native Hawaiian Culture and Art Development Act is referred to as the Act for purposes of this part) to revise provisions relating to the Institute of American Indian Native Culture and Arts Development (the Institute) and its Board of Directors (the Board). Requires that Board members represent diverse fields of expertise, including finance, law, and fine arts higher education administration. Directs the President to carry out through the Board the publication of announcements of expiration of terms and the solicitation of nominations from Indian tribes and organizations to fill vacancies. Authorizes the Board to: (1) make recommendations based on nominations received; (2) make recommendations of its own; and (3) review and make comments on individuals being considered by the President for whom no nominations have been received. Grants the Board the power to recommend the continuation of Board members, in order to maintain stability and continuation, in accordance with specified procedures. Revises general powers of the Board. Authorizes the Board to: (1) enter into joint development ventures with public or private commercial or noncommercial entities for development of facilities to meet a specified required plan (provided that such ventures are related to and further the Institute's mission); and (2) designate annually a portion (up to ten percent) of specified appropriated funds for investment on a short-term basis to maximize yield and liquidity. Requires that interest and earnings on specified amounts received and invested by the Institute be expended to carry out the Act. Revises provisions for basic compensation rates for Institute staff to require these to be set at rates comparable to those of similar institutions of higher education (or, as at present, at civil service rates for individuals with comparable qualifications). Revises Institute functions to eliminate certain requirements relating to a Center for Culture and Art Studies, Center for Research and Cultural Exchange, and Museum of American Indian and Alaska Native Arts. Makes the Board responsible for establishing the policies and administrative organization relating to the administrative organization relating to the administrative control and monitoring responsibilities for all Institute subdivisions, administrative entities, and departments, with the specific responsibilities of each to lie solely within the discretion of the Board or its designee. Requires the Board to establish, within the Institute, departments for the study of culture and arts and for research and exchange, and a museum. Directs the Board to establish areas of competency for such departments. Authorizes the Institute to develop a policy or policies to extend preference to Indians in its program admissions and enrollment, employment, and contracts, fellowships, and grants. (Currently authorizes the Institute to simply extend such preference.) Revises provisions relating to transfer of functions, including certain provisions for forgiveness of amounts owed and hold harmless provisions. Eliminates requirements for an annual report by the Institute President. Revises provisions relating to the Institute's headquarters to refer to the Board, rather than the Secretary of the Interior. Provides that the Institute shall not be subject to any requirement for non-Federal matching funds as a condition for Federal assistance. Revises provisions for the Institute's endowment program. Allows the Institute to use funds from any non-Federal governmental source (as well as from any private or tribal source) to comply with a contribution requirement. Directs the Board to prepare a master plan on the short- and long-term facilities needs of the Institute, including specified types of evaluations, impact projections, periodic reviews, and needs prioritization. Requires transmittal of such plan to the Congress within 18 months after enactment of this part. Part E: Tribal Development Student Assistance Revolving Loan Program - Tribal Development Student Assistance Act - Establishes a student assistance revolving loan program for Native Americans, to be administered by tribes or tribal organizations. Requires that funds received under a grant under this part or recovered under specified provisions of this part be identified and accounted for separately from any other tribal or Federal funds received from the Federal Government. Requires that all funds in such account be used for the purposes of this Act. Makes the Secretary of the Interior (the Secretary, for purposes of this part) responsible for establishing requirements for receipt, investment, and accounting of such funds to safeguard any financial interests of the Federal Government. Requires such funds to be: (1) invested by the tribe or tribal organization only in obligations of the United States or in obligations or securities guaranteed or insured by the United States; or (2) deposited only in accounts that are insured by an agency or instrumentality of the United States. Provide that any interest or investment income that accrues to any of such funds after they have been distributed to a tribe or tribal organization to make loans under this part shall be: (1) the property of the tribe or tribal organization; and (2) not taken into account by any Federal officer or employee in determining whether to provide to provide assistance, or the amount of assistance, under any provision of Federal law. Directs the Secretary to make grants under this part to: (1) tribes or multitribal organizations not serviced by current federally funded postsecondary institutions authorized for economic development grants; and (2) tribes or multitribal organizations which lack sufficient numbers of professionally trained tribal members to support established or ongoing economic development activities. Requires any tribe or tribal organization which receives such grant funds to make such funds available by loan to Native American students who have successfully completed 30 hours of postsecondary education and who are eligible for readmission to a postsecondary institution. Sets forth terms of such student loans, including: (1) being subject to repayment over a period of not more than five years; (2) not bearing interest; and (3) being subject to forgiveness for services to the tribe under specified provisions. Requires that calculation of the student's cost of attendance include all costs as determined by the tribe for purposes of fulfilling the policy of this part. Requires any student seeking such a loan to apply for and accept the maximum financial aid available from other sources. Prohibits such loans from being considered in needs analysis under any other Federal law, and from penalizing students in determining eligibility for other funds. Sets forth requirements for a written agreement between the tribe or tribal organization and the eligible recipient for service fulfillment or loan repayment. Requires the recipient to commit to: (1) perform, for each academic year of assistance under this part, one calendar year of service to the tribe or tribal organization in an occupation related to the course of study pursued and an economic or social tribal development plan (commencing not later than six months after the student ceases to carry at least one-half the normal full-time academic workload); or (2) repay to the tribe or tribal organization the full amount of the loan, in monthly or quarterly installments within five years (with such recovered funds to be reported annually to the Secretary and invested in the account). Sets forth provisions for: (1) limitations and conditions on such service; (2) waivers or suspensions of such service agreements; (3) pro rata reductions for partial service; and (4) annual certification of individuals' service by the tribe to the Secretary. Directs the Secretary to: (1) establish an application process for making grants to eligible entities; (2) take into account in reviewing applications the number of students with partial completion identified by the applicant, relative to the total number of tribal members who would be benefitted by the provision of services; and (3) attempt to achieve geographic and demographic diversity in such grants. Directs the Secretary, subject to the availability of funds and acceptable applications, to make five four-year grants to tribes or tribal organizations. Requires that the amount of administrative costs associated with such grants be negotiated by the Secretary with successful applicants and made a part of the grant agreement. Authorizes appropriations for this part for FY 1993 through 1997. Title XIV: Miscellaneous - Part A: Studies -Directs the Secretary of Education (the Secretary) to conduct, through the Office of Educational Research and Improvement (OERI), a two-year study of programs to increase the accessibility of postsecondary education for nontraditional students. Requires an interim and final report on such study to specified congressional committees. Directs the Secretary to conduct a study to evaluate the coordination of Federal student assistance programs with other benefit programs funded in whole or part with Federal funds. Requires particular attention to: (1) the effect of receipt of student aid on reduction or denial of other program benefits to such students; and (2) the attendance cost elements funded in whole or part by Federal student assistance programs for students eligible for other Federal programs, and the inclusion of room and/or board costs in such attendance costs. Requires a report on such study to appropriate congressional committees within three years. Directs the Secretary to conduct an annual special purpose survey of factors associated with participation of low-income, disadvantaged, and minority students in various types of postsecondary education. Requires such survey data to permit comparisons with other groups that have characteristically participated at higher rates than at-risk students. Requires consultation with the Congress and the elementary, secondary, and higher education community in developing such annual survey. Sets forth required inclusions in such survey. Requires the Secretary, in the event of significant findings related to underparticipation rates of at-risk and other students, to submit a plan containing policies and program modifications for ensuring the participation of at-risk students. Directs the Secretary, through OERI, to evaluate the effectiveness of postsecondary assistance guaranty programs for disadvantaged children that, in exchange for the child's commitment to achieving a satisfactory elementary and secondary education, promise the child the financial resources needed to pursue a postsecondary education. Requires such study to sample the types of such guarantee programs available, which may include supportive services, mentoring, study skills, and counseling for student participants. Requires dissemination of study findings. Requires an interim and a final report to specified congressional committees. Directs OERI to conduct a two-year study to: (1) assess information currently collected on graduate education; and (2) identify what additional information should be generated to guide the Department of Education in supporting graduate education. Requires consultation with other agencies and organizations involved in graduate education policies and programs. Directs the Comptroller General to evaluate staffing requirements of the U.S. Department of Education's Center for International Education, including specified considerations. Requires consultation with institutions of higher education which have participated in specified international education programs under HEA and the Mutual Educational and Cultural Exchange Act, and with national organizations of such institutions. Requires a report to the Congress within one year on such evaluation results. Part B: National Clearinghouse for Postsecondary Education Materials - Authorizes the Secretary to award a three-year grant or contract to establish a National Clearinghouse for Postsecondary Education Materials in accessible form, including audio and digital for students with disabilities. Sets forth authorized uses of such grant or contract funds. Sets forth a declining Federal share of program cost for each year of the award. Authorizes appropriations for FY 1993 through 1995 for such clearinghouse.
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
Amends the Railroad Unemployment Insurance Act to provide temporary extended railroad unemployment insurance benefits or to railroad employees who have less than ten years of service, for periods of high national unemployment of six percent or greater. Provides for such extended benefits for up to 13 weeks, through July 4, 1992. Sets forth transition and reachback provisions.
United States · United States Congress · 3 October 1991
American Industrial Quality and Training Act of 1991 - Authorizes the Secretary of Commerce, through the Technology Administration, to make competitive matching grants to establish and operate American workforce quality partnership programs for workforce training consortia of industry and higher education institutions. Requires such programs to establish partnerships between one or more technology-based or manufacturing sector firms and a local community or technical college to train and educate a significant portion of the industrial partners' employees at all organizational levels through workplace and classroom training programs. Requires each partnership to establish an advisory board. Authorizes appropriations. Directs the Secretary of Commerce to establish, in the Technology Administration, the American Industrial Quality Foundation to further the ability of U.S. industry to compete internationally. Sets forth the Foundation's functions, including identifying and disseminating information on best practices. Sets forth provisions for a Director and staff, an advisory committee, and user fees. Authorizes appropriations. Authorizes the Secretary of Labor to make competitive grants to develop and operate youth technical apprenticeship programs. Gives special consideration to applications providing for non-Federal contributions. Provides planning grants for such programs. Requires each grant recipient to establish an advisory board. Directs the Secretary of Labor, together with other appropriate entities, to establish and maintain a clearinghouse of youth apprenticeship programs in the United States. Authorizes appropriations. Authorizes the Secretary of Education to make competitive matching grants to States for statewide technical education and training networks to develop plans or strategies to establish statewide systems to provide technical, technician, or technological skills and education by building upon Federal, State, and local programs through various methods. Requires State Governors to submit evaluation reports within three years of award of such grants. Authorizes appropriations. Directs the Secretary of Labor, in conjunction with the Small Business Administration and other relevant agencies, to compile information and statistics on the total annual expenditure of U.S. industry on formal worker training programs, quantity of training, and other relevant worker training information, by firm size, sector, industry, job classification, and purpose of training (as well as any other available and appropriate data such as international comparative data). Requires a biennial report to the Congress on such information in a useful format. Requires making such information available to U.S. industry. Authorizes appropriations. Directs the Secretary of Education, in conjunction with the Secretary of Commerce, to report to the Congress on the feasibility of adopting principles of total quality management, as embodied in the Malcolm Baldrige National Quality Award, to improve the quality and relevance of secondary and postsecondary education.
United States · United States Congress · 2 October 1991
Women in Apprenticeship Occupations and Nontraditional Occupations Act - Directs the Department of Labor (the Department) to promote an outreach program to inform employers and labor unions of the availability of technical assistance for preparing the workplace to employ women in apprenticeable occupations and other nontraditional occupations. Requires the Department to: (1) promote such program to employers through, but not limited to, the private industry councils in each service delivery area; (2) provide outreach to labor unions through, but not limited to, the building trade councils, joint apprenticeable occupations councils, and individual unions; and (3) give priority to employers in areas that have nontraditional employment and training programs specifically targeted to women. Sets forth various activities which such technical assistance provided by community-based organizations to employers and labor unions. Directs the Department to select a total of 50 employers or labor unions to receive such technical assistance. Requires each eligible community-based organization desiring to receive a competitive grant to provide such technical assistance to employers and labor unions to submit an application to the Department. Requires the Department to give priority to applications to community-based organizations that demonstrate specified types of experience and that have tradeswomen or women in nontraditional occupations as active members. Sets forth application requirements, including specified descriptions, assurances, and commitments. Directs the Department to serve as a liaison among employers, labor, and community organizations. Directs the Department to: (1) conduct a study of the participation of women in apprenticeable occupations and nontraditional occupations, examining specified topics; and (2) report to the Congress within two years on such study, with recommendations. Authorizes appropriations.
United States · United States Congress · 2 October 1991
High Skills, Competitive Workforce Act of 1991 - Title I: Findings and National Policy - Sets forth findings and purposes of this Act. Makes national policy declarations involving: (1) Federal encouragement of a voluntary system of educational and occupational standards of proficiency to be used in design and evaluation of worker training programs; (2) increased attention and resources to provide adequate educational resources to students of all backgrounds, school-to-work transition programs, and adult education and training; (3) technical assistance and diagnostic services for employers and labor unions to implement changes to high performance forms of work organization; (4) workforce training, education, and other activities emphasizing increasing education, skills, and direct authority and autonomy of front-line workers; (5) the Federal role as a guide and catalyst, providing incentives, establishing broad strategic goals, sponsoring research and pilot projects, disseminating information and knowledge, and simplifying and coordinating existing Federal resources; and (6) the private sector lead role and the involvement of business, labor educational institutions, State and local governments, and community organizations. Sets forth nondiscrimination provisions and prohibitions against State use of funds under this Act to attract existing businesses to relocate from another State. Title II: Standards of Excellence in Education and Training - Establishes a National Board for Professional and Technical Standards (the National Board) for occupational training. Directs the National Board to establish advisory committees for each major industry and for major occupations that involve more than one industry. Requires the National Board: (1) by December 1, 1993, to have identified at least 20 occupational categories and developed recommendations for occupational standards, curricula, and certifications for such occupations; and (2) develop a program to ensure that standards, curricula, and certifications for all remaining identified occupational categories are completed by January 1, 2000. Requires that such developed occupational proficiency standards be applied so that their attainment is likely to meet requirements for transferable credit and enable students to continue their education. Requires that such developed occupational standards, curricula, and certification systems for an industry or occupation be made available for voluntary use by postsecondary education institutions offering professional and technical education labor organizations, trade and technical associations, employers providing formalized training, and other organizations. Authorizes appropriations for the National Board and the industry committees and their development of professional and technical standards for occupational training. Amends the General Education Provisions Act (GEPA) to make a national declaration of policy with respect to encouraging and promoting research relative to internationally competitive standards in academic achievement. Includes among priority resource and development needs, for which the Office of Education and Research and Improvement (OERI) is to concentrate its resources under GEPA: (1) research to develop a system of academic achievement and proficiency standards in specific subjects at appropriate age/grade levels; (2) research to develop curricula to facilitate academic achievement in specific subjects; and (3) development of multiple assessment tools, such as assessment of student performance, proficiency, projects, and portfolios of work in and across specific subject areas. Authorizes the Secretary of Education to award grants under GEPA for pilot projects to design, develop, and evaluate State or multi-State assessment systems for elementary, middle, and high school students, leading to an assessment system to assist both educators and policymakers to improve instruction and learning. Sets forth requirements for such pilot projects, including wide dissemination of evaluation findings. Authorizes appropriations. Amends the Higher Education Act of 1965 to add to requirements for student aid program participation agreements that the higher education institution certify that it will release to the public information (confirmed by independent audit) concerning each program it offers, including number of students enrolled, costs to students, characteristics of students participating, student completion rate, and other outcomes, including, where appropriate, job placement rates and employment status of graduates for the two years following program completion. Title III: School-to-Work Transition - Subtitle A: Career Preparation - Directs the Secretary of Labor, in consultation with the Secretary of Education, to award grants for career preparation demonstration program (to the extent appropriations are available). Requires such career preparation programs to: (1) involve students in 7th through 10th grades seven through ten who are prospective program participants; through career awareness and counseling programs; (2) give 11th and 12th grade students the opportunity to voluntarily enter into such programs that integrate academic and workplace instruction leading to a high school diploma, community college degree, or occupational certificate of mastery; (3) if the program is for two years, require participants to receive in-school training in a high school, vocational educational institution, Youth Opportunity Center, or alternative State-approved institution; and (4) if the program is for three or four years, require in-school training for the first two years in a high school, vocational educational institution, or Youth Opportunity Center, and for the third or fourth years in a community college, technology college, vocational educational institution, or other State-approved institution. Requires maximum flexibility to be afforded to participants to transfer from career preparation to a conventional academic program or from one field to another. Requires coordination with the Regional Employment and Training Board. Directs the Secretary of Labor to designate a wide variety of occupations for such grants, but prohibit such awards for occupations with existing registered apprenticeships programs. Sets forth requirements for eligible entities, applications, and regional distribution. Requires priority consideration for applications approved by the approriate Regional Employment and Training Board that include specified assurances. Directs the Secretary of Labor, by January 15, 1996, to: (1) conduct a comprehensive evaluation of such career preparation demonstration program; and (2) report, with recommendations, to specified congressional committees. Authorizes appropriations. Directs the Secretary of Education, in consultation with the Secretary of Labor and the Director of the National Science Foundation, to make grants, contracts, and cooperative agreements for career information materials, including videos and softwares. Requires such materials to be designated to convey to 7th through 12th grade students an awareness and realistic understanding of a wide variety of career options, utilizing advanced educational technologies. Sets forth requirments for eligible entities and applications. Requires the Secretary of Education to provide such developed career information materials to all States and encourage their use in programs in all school districts. Requires career awareness programs to also include work site trips, career days, workshops, and demonstrations. Authorizes appropriations. Subtitle B: Community Youth Employment Compacts - Directs the Secretary of Labor, in consultation with the Secretary of Education, to award incentive grants to establish collaborative public-private Community Youth Employment Compacts (to the extent appropriations are available). Requires such Compacts to: (1) organize the community's youth labor markets; and (2) provide youth who are attending high school or alternative education programs with job coaching services and access to private sector work experience and jobs upon graduation. Requires promulgation of program guidelines and criteria for equitable distribution of grants. Sets forth requirements for eligible entities, applications, uses of grants, individual participants, and State and local contributions. Authorizes appropriations. Subtitle C: Youth Opportunity Centers - Directs the Secretary of Labor, in consultation with the Secretary of Education, to award grants to States to provide incentives to local communities to establish Youth Opportunity Centers (to the extent appropriations are available). Requires such Centers to provide comprehensive alternative education and school-to-work transition services to high school dropouts under age 21. Requires promulgation of guidelines for such Centers and criteria for equitable distribution of grants. Sets forth requirements for State applications, uses of grants, eligible entities, individual participants, services to participants, contracts for provision of services, and administrative procedures. Allows waivers of certain other Federal program requirements, under specified conditions. Authorizes appropriations. Title IV: High Performance Work Organization - Directs the Secretary of Labor to award grants for encouraging adoption and utilization of high performance forms of work organization, to stimulate high productivity and quality (to the extent appropriations are available). Sets forth requirements for eligible entities, use of grants, grant terms and non-Federal share. Requires priority consideration for applications emphasizing small businesses and involving State economic development agencies and employer, trade, or industry associations. Authorizes appropriations. Title V: High Skills Training Consortia - High Skills Training Consortium Act of 1991 - Authorizes the Secretary of Labor to: (1) make planning grants to companies or trade associations to plan for establishment of high skills training consortia of companies operating within the same industry or utilizing similar technologies; and (2) pay up to 50 percent of start-up grants to such newly established consortia to pay their initial organization costs. Requires priority consideration for consortia which: (1) emphasize training for participation in high performance work organization; (2) include employees and their representatives in design and implementation of training programs; (3) encourage membership of firms that are not technologically advanced; and (4) provide incentives for participation by small businesses. Sets forth requirements for consortia, programs, and shared investment in training. Sets forth provisions relating to application of antitrust laws, antitrust limitation on recovery, and antitrust attorney's fees. Sets forth requirments for high skills training consortia disclosure to the Attorney General and the Federal Trade Commission. Authorizes appropriations. Title VI: State and Regional Employment and Training Systems - Authorizes the Secretary of Labor to award start-up grants to States to establish statewide systems to provide coordinated employment and training services. Sets forth requirements for applications and uses of funds. Requires a State to use grant funds for specified activities, and also for establishing regional employment and training boards to coordinate delivery of all employment and training services in regional labor market areas (including services delivered through Youth Opportunity Centers, provision of labor market information, job placement services, job counseling, and skill training). Sets forth requirements for composition of such boards, strategic plans, board review and approval of applications for grants and loans from a High Skills Training Trust Fund, and annual independent evaluation of board activities. Authorizes appropriations. Directs the Comptroller General to conduct a study of all Federal employment and training programs: (1) including a specified inventory and determination; and (2) report with recommendations to the appropriate congressional committees, by January 1, 1993. Title VII: Private Sector Investment in High Skills Workforce Training - Subtitle A: High Skills Training - Requires each employer who employs 20 or more employees to: (1) assemble information on that employer's qualified education and training expenditures during 1993, by December 31, 1993; and (2) provide such information to the Secretary of Labor, by January 31, 1994. Directs the Secretary of Labor to: (1) publish proposed regulations for comment within 60 days after enactment of this Act; and (2) promulgate final regulations within six months after such enactment. Defines qualified education and training expenditures as amounts paid or incurred for: (1) employee training that meets or is consistent with relevant certification standards established under title II; (2) training provided through an apprenticeship program with specified Federal or State registration; or (3) prior to establishment of title II certification standards, tuition and instructional costs for organized instruction of front-line employees in occupationally-related skills. High Skills Training Assessment Act - Amends Internal Revenue Code provisions relating to employment taxes to establish a new chapter, the Work Force Training Assessment Act (which may be cited as the High Skills Training Assessment Act). Imposes an assessment on each employer for any calendar year in an amount equal to one percent (one-half of one percent in 1994) of the total wages paid to their employees. Makes such assessment inapplicable to any employer with less than 20 employees on a normal business day during the preceding year. Reduces such assessment for employers with training programs, by their average qualified education and training expenditures during the immediately preceding three-year period. Sets forth a transition rule, definitions, special rules, and administrative provisions. Amends Internal Revenue Code provisions relating to the trust fund code to establish in the Treasury a High Skills Training Trust Fund. Transfers to such Fund amounts equivalent to taxes received under the high skills training assessment. Requires that amounts in such Fund be available, as provided by appropriation Acts, to carry out programs established under this entire Act. Subtitle B: High Skills Training Trust Fund - Establishes in the Treasury the High Skills Training Trust Fund (the Fund) to be administered by the Secretary of Labor. Authorizes the Secretary of the Treasury to accept and transfer to the Fund amounts equal to: (1) amounts collected under the high skills training assessment; and (2) amounts of income earned from specified investments of funds from the Fund. Authorizes obligation of funds from the Fund to States for training grant and loan programs, in amounts based on the relative size of contributions from employers in the State under the high skills training assessment. Requires States to use such amounts received from the Fund to establish statewide programs to award grants and loans to eligible entities to provide: (1) skill training, literacy and basic skills instruction, and other services to retrain such entities workforce; and (2) training for the implementation of high performance work organizations. Requires the Governor of any State receiving such funds to establish an independent High Skills Training Panel to administer such State grant and loan program. Sets forth provisions for: (1) Panel functions; (2) administration of such grants and loans by existing State agencies; (3) eligible entities; and (4) applications and assurances (including that up to 15 percent of the grant or loan will be used for high performance work organization). Requires that an eligible entity be an employer or group of employers operating within the State, and allows it to also include one or more community colleges, training institutions, industry associations, labor organizations, Private Industry Councils, State economic development, training, or industrial modernization agencies, or High Skills Training Consortia (and also allows small business employers with fewer than 20 employees to apply for such grants or loans, even though they are exempt from the high skills training assessment). Sets forth the required training and instruction activities to be provided to employees by grant or loan recipient. Requires States, in awarding such grants or loans, to give priority consideration to applications for programs that: (1) use world-class occupational standards; (2) serve small businesses or underserved sectors of industry; (3) involve labor organizations or other means of involving the workforce; (4) leverage other public employment and training resources (such as providing job openings for referrals from the Job Training Partnership Act system when training has upgraded existing employees' skills); or (5) show the employers' commitment to develop their own training capacity and invest further resources in on-going training. Limits the amount which may be expended on administrative costs. Subtitle C: Educational Assistance to Employees - Amends the Internal Revenue to make permanent the tax exclusion for employer-provided educational assistance to employees, in order to foster increased worker participation in educational programs. (Provides that employer-provided educational assistance which receives such tax exclusion shall not be deemed qualified education and training expenditures for purposes of reducing the high skills training assessment.)
United States · United States Congress · 1 October 1991
Breast Cancer Screening Safety Act of 1991 - Amends the Public Health Service Act to require certification in order for a facility to perform or interpret mammograms, inspect equipment, perform needle localizations or other procedures using mammography equipment, or conduct quality assurances oversight related to mammography. Authorizes the Secretary of Health and Human Services to issue and renew certificates for up to two years. Allows the Secretary to approve a private nonprofit organization to be an accreditation body which meets certain requirements, including inspecting facilities. Directs the Secretary to: (1) establish standards for facilities to assure the safety and accuracy of mammography; (2) specify organizations eligible to certify individuals to perform radiological procedures; (3) specify boards eligible to certify individuals to interpret screening mammograms; (4) establish standards regarding the qualifications for individuals to interpret screening mammograms; and (5) specify boards eligible to certify individuals to inspect screening mammography equipment and oversee quality assurance practices. Directs the Secretary to conduct annual announced and unannounced inspections of certified facilities. Provides for: (1) intermediate sanctions for certain violations; (2) suspension, revocation, and limitation of certificates; and (3) injunctions. Requires fees for certificate issuance and renewal, and for inspections, sufficient to cover costs. Requires annual publication of a list of facilities convicted of fraud and abuse, false billings, or kickbacks, facilities that have had certificates revoked, suspended, or limited, and facilities that have been the subject of a sanction or other similar matters. Allows the Secretary to exempt facilities in a State with more stringent requirements from compliance with this Act. Directs the Secretary to: (1) make grants for research on new methods of establishing a Mammography Registry; and (2) based on the research, establish the Registry. Amends title XVIII (Medicare) of the Social Security Act to require that screening mammographies paid for under Medicare be performed by a facility: (1) certified under this Act; and (2) in compliance with specified provisions of this Act.
United States · United States Congress · 1 October 1991
Cancer Screening Incentive Act of 1991 - Amends the Internal Revenue Code to allow a refundable tax credit for expenditures (not paid by insurance or otherwise) incurred by the taxpayer for qualified cancer screening tests.
United States · United States Congress · 26 September 1991
Amends the United States Housing Act of 1937 to permit a public housing agency (including Indian housing) to limit assisted housing occupancy to only elderly, disabled, or handicapped families.
United States · United States Congress · 26 September 1991
Defense Manufacturing and Critical Technologies Act of 1991 - Directs the Secretary of Defense to conduct a program providing for the establishment of cooperative arrangements (partnerships) between the Department of Defense (DOD) and certain entities in order to encourage and provide for R&D of dual-use critical technologies (technologies having both military and nonmilitary commercial applications). Allows such entities (at least two participating jointly with DOD) to include one or more Federal laboratories, institutions of higher education, State governmental agencies, and other appropriate participants, as determined by the Secretary. Requires the joint participants to have a lead institution other than DOD to direct the activities of the partnership. Requires the non-DOD participants to contribute at least 50 percent of the total cost of the partnership activities. Provides for the protection of information disclosed concerning the R&D activities of the participants. Requires the Secretary to evaluate proposals for partnerships on a merit basis using a competitive selection process. Outlines selection criteria. Directs the Secretary, in consultation and coordination with the Secretary of Commerce, to conduct a program to provide assistance for the activities of eligible regional critical technology application centers (centers) in the United States. Outlines provisions concerning eligible centers, program participants, and assistance authorized, including financial and technical assistance for authorized center activities. Limits such assistance period to six years. Requires: (1) the sponsoring agency of a center to pay at least 30 percent of the total costs incurred for center activities; and (2) the eligible firms participating in a center to pay at least 40 percent of such costs. Requires a center to operate under a management plan that requires participating firms to have the primary responsibility for directing the activities of the center and to exercise such responsibility through majority voting membership of such firms on the board of directors of the center. Outlines provisions concerning program administration as well as selection criteria for centers receiving such assistance. Establishes within the Office of the Director of Defense Research and Engineering the Clearinghouse of Foreign Defense Technology Monitoring and Assessment (Clearinghouse) to: (1) maintain within DOD a central library for the compilation and dissemination of information and assessments regarding significant foreign activities in the R&D and applications of defense critical technologies; (2) establish and maintain data bases on such information and assessments; (3) perform certain liaison activities; (4) provide for public availability of such information and assessments; and (5) cooperate with the Department of Commerce in the dissemination of information and assessments regarding defense critical technologies having potential commercial uses. Directs the Secretary to establish a foreign critical technology monitoring and assessment grant program for the awarding of grants to participating organizations for the establishment of foreign critical technology monitoring and assessment offices in Europe, Pacific Ocean border foreign countries, and other countries as considered appropriate by the Secretary. Makes eligible for such grants any nonprofit industrial or professional organization that has economic and scientific interests in R&D and applications of commercial critical technologies. Requires each grantee to collect, evaluate, and disseminate to its organization and to the Departments of Defense and Commerce assessments of significant activities in R&D and applications of critical technologies that are conducted in the geographic area in which the office is located. Provides funding for FY 1992 and 1993 for critical technology programs and activities. Directs the Secretary to submit to the Congress at least biennially a multiyear strategic road map for each critical technology. Requires each road map to: (1) cover at least four fiscal years; (2) provide an assessment of current strengths and weaknesses in the national capability to develop and apply the technologies covered in the road map, and the sources of such strengths and weaknesses which enhance or hinder the development and application of such technologies; (3) ensure that results of federally-funded and conducted R&D of national critical technologies covered by the road map are appropriately disseminated to U.S. industry; and (4) include a discussion of the achievements of the activities conducted pursuant to the road map. Requires the Director of the Office of Science and Technology Policy to establish one or more national critical technologies advisory committees. Directs the President to establish a schedule for the submission of such road maps at regular intervals between the enactment of this Act and October 1, 1996. Authorizes the Secretary to enter into cooperative arrangements (partnerships) with certain entities to encourage and provide for R&D of advanced manufacturing technologies with the potential for having a broad range of applications. Requires each partnership to be composed of participants from two or more eligible firms. Allows the inclusion of one or more Federal laboratories, institutions of higher education, State entities, and other participants as deemed appropriate by the Secretary. Outlines provisions concerning program administration and participant selection criteria. Requires the Secretary to establish three or more partnerships within one year after the enactment of this Act. Provides FY 1992 and 1993 funding for such partnerships. Directs the Secretary to establish a program: (1) to support manufacturing extension programs of States, local governments, and private, non-profit organizations; (2) to promote the development of a broad range of such extension programs, including programs that provide for productivity and quality improvement activities; and (3) to increase the involvement of appropriate segments of the private sector in such programs. Establishes a Council on Manufacturing Extension to: (1) prescribe policies and procedures for the implementation of the program; (2) serve as a means for coordinating such program with related programs conducted by various Federal departments and agencies; and (3) develop a long-range strategic plan for the manufacturing extension activities of the Federal Government. Outlines application procedures for persons wishing to receive financial assistance for participation in the program, as well as criteria for choosing program participants. Limits the amount of financial assistance awarded to 50 percent of the cost of the program for the period in which the assistance is provided. Provides such assistance for at least five years, unless it is terminated earlier for good cause as determined by the Secretary. Allows a program participant to reapply after a terminated period of assistance. Provides FY 1992 and 1993 funding for such program. Directs the Secretary, in consultation with the Directors of the National Science Foundation (NSC) and the Office of Science and Technology Policy (OSTP), to establish a program for making grants to institutions of higher education to support the: (1) enhancement of existing programs in manufacturing engineering education that are conducted by grantee institutions and meet specified requirements; and (2) establishment of new programs in manufacturing engineering education that meet such requirements. Requires at least one-third of the grants to be awarded for the latter purpose. Directs the Secretary to avoid geographical concentration of such awards. Directs the Secretary and the Director of NSC to enter into an agreement for carrying out the grant program. Outlines grant program requirements. Directs the Secretary to solicit from institutions of higher education proposals for grants to be awarded for the support of programs of manufacturing engineering education. Requires applications to be evaluated on a merit basis under competitive procedures. Outlines grantee selection criteria. Limits the Federal contribution of such assistance to 50 percent of the estimated cost of the activities involved. Directs the Secretary, in consultation with the Secretary of Commerce, to conduct a program to support specified activities of one or more manufacturing managers and experts at the institution of higher education involved. Outlines provisions concerning program administration and applicant selection criteria. Limits the Federal support of such program to 50 percent of the costs of activities to be supported by such assistance. Requires the Secretary to award at least ten such grants within one year after enactment of this Act. Provides FY 1992 and 1993 funding. Allows the Secretary to authorize the Secretaries of the military departments to enter into cooperative agreements and other transactions for advanced research projects. (Currently, only the Defense Advanced Research Projects Agency is authorized to enter into such agreements or transactions.) Makes permanent (currently expires September 30, 1991) the authority to enter into such agreements. Directs the Secretary to report to the defense committees a plan for collecting and assessing information on the extent to which the defense industrial base of the United States: (1) procures weapons systems, subsystems, and components of such systems from foreign sources; and (2) is dependent upon such foreign sources for such procurement. Directs the Secretary to report to the defense committees a plan for the removal of barriers to the effective integration of the commercial and defense sectors of the U.S. industrial base. Requires the Secretary to designate an official within his Office to develop the plan. Requires annual development and submission to the Congress by the Secretary of a National Defense Manufacturing Technology Plan. Places FY 1992 and 1993 funding limitations on manufacturing technology-related R&D not specifically included in such annual Plan. Directs the Secretary to conduct a program for the development and use of advanced flexible computer integrated manufacturing capabilities in each of the military departments and the U.S. defense industrial base. Requires the continued development of Rapid Acquisition of Manufactured Parts technologies and applications as part of such program. Provides FY 1992 and 1993 funding for such program, with a specified capabilities-duplication prohibition within the military departments. Directs the Secretary, acting through the Under Secretary of Defense for Acquisition, to establish a program to award grants on a competitive basis to U.S. institutions of higher education and other nonprofit organizations for the conduct of programs for U.S. scientists, engineers, and managers to learn Japanese language and culture.
United States · United States Congress · 25 September 1991
Small Business Recovery Act of 1991 - Authorizes the Small Business Administration (SBA) to enter into agreements to participate, on a guaranteed basis, in the purchase of eligible securities issued pursuant to this Act by certain financial institutions. Sets forth participation criteria. Establishes the Regional Small Business Recovery Panel to evaluate: (1) applications submitted pursuant to this Act; (2) the type of proposed debt or equity security; and (3) claims for repurchase of approved securities by the SBA. Requires the SBA to submit a progress report to the Congress. Establishes the Regional Small Business Recovery Fund.
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 Internal Revenue Code to provide a complete tax exemption (currently a 75 percent tax exemption) for bonds used to finance high-speed intercity rail facilities.
United States · United States Congress · 17 September 1991
Designates 1992 as the Year of the Gulf of Mexico. Directs all Federal and State agencies which have responsibility for matters affecting the Gulf to work to increase public awareness regarding the immeasurable value of this resource and current conditions which threaten its aesthetic and economic value.
United States · United States Congress · 12 September 1991
Better Education for All Students Act - Amends the Elementary and Secondary Education Act of 1965 to add a new title VIII, Better Education for all Students, to improve education for all students in the Nation through grants to States to restructure education systems at State and local levels. Authorizes the Secretary of Education (the Secretary) to make such grants to State educational agencies (SEAs) to enable States to reform and improve the quality of education. Requires SEAs to use such grants to: (1) develop an educational reform plan, including goals and innovations in curricular frameworks, materials, and assessment tools; and (2) implement reforms and a plan to improve the education system within the State. Sets forth application requirements. Requires SEA grant applications to cover a five-year period, and to contain specified assurances, descriptions, and other provisions. Directs the Secretary to: (1) approve applications and amendments that meet such requirements and that are of sufficient quality to meet specified objectives; and (2) give notice, technical assistance, and opportunity for a hearing before any final disapproval. Requires each State program assisted under this Act to establish a panel coordinated by the chief State school officer to develop a statewide reform plan. Sets forth requirements for various officials and entities to be represented on such panel. Sets forth requirements for State plan contents and plan development and approval procedures. Requires States with approved plans to use funds (allotted by the Secretary under this Act, and State and private funds contributed to make up the total cost of a State program) to: (1) develop and implement State goals, curricular frameworks, and assessment tools; (2) technical assistance (including information dissemination) to local educational agencies (LEAs) to carry out local plans; (3) specified authorized activities for LEAs, as appropriate; and (4) evaluation, reporting, and data collection. Requires the SEA, from the allotted program funds and within four years, to make subgrants to LEAs, provided that: (1) such SEA has a formal process for doing so; (2) one LEA in each congressional district shall receive a subgrant; and (3) the LEA with the greatest number of disadvantaged children in the State shall receive a subgrant. Requires that funds available under this Act be used to carry out the plan in a manner which ensures that all children, and especially those identified through the assessment process as not achieving satisfactorily, are afforded ample opportunity to reach local, State, and national goals. Sets forth requirements for content, development, and approval of local plans. Requires local plans to assure: (1) broad-based community participation in plan development; and (2) ongoing evaluation of plan effectiveness, including annual review and making necessary changes. Requires local plans to propose district-wide reform which includes: (1) developing a curriculum to implement the State's frameworks; (2) setting local goals; (3) identifying or developing instructional materials; (4) providing teacher and administrator training; and (5) identifying assessment instruments to measure progress toward meeting State and local goals. Requires LEAs to use such subgrant funds for district-wide reform, consistent with State and local plans. Sets forth a list of authorized activities. Authorizes appropriations to carry out this Act of FY 1992 through 2002, but prohibits any such appropriations for FY 1992 through 1994 unless the aggregate appropriation for all elementary and secondary programs which received funding in the previous fiscal year is at least equal to the appropriation for such preceding fiscal year, adjusted for inflation. Authorizes the Secretary, from such appropriation for this Act, to make annual grants to States with approved applications based upon the formula for State allotments under the chapter 1 program for education of disadvantaged children (under part A of chapter 1 of title I of ESEA). Provides for a gradually declining Federal share (from 100 percent in the first year to 33 percent in the fifth and any succeeding year) of total program costs. Requires the remaining program cost to be paid by the State from a combination of State and private sector funds. Limits the amount which may be reserved for administrative costs. Requires annual progress reports by States to the Secretary, including progress toward State goals and plans and description of proposed activities for the succeeding year. Directs the Secretary to evaluate a representative sample of such State and local reform efforts over the course of the ten-year authorization, to assess their effectiveness in improving educational performance outcomes of all children, including an examination of such activities' effects on disadvantaged students. Authorizes reservation of a portion of funds for such evaluation. Declares that nothing in this Act shall supersede State law.
United States · United States Congress · 11 September 1991
Amends title XVIII (Medicare) of the Social Security Act to provide that: (1) notwithstanding budget neutrality requirements, in the case of an urban area with a wage index below the rural wage index applicable in the State, any decision rendered by the Medicare Geographic Classification Review Board or by the Secretary of Health and Human Services on an application by a hospital for a change in geographic classification may result in a reduction of that urban area's wage index; and (2) no urban wage index in a State may be below the rural wage index applicable in the State.
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
Pollution Prevention, Community Recycling, and Incinerator Control Act - Amends the Solid Waste Disposal Act to prohibit the issuance of permits for construction or expansion to municipal solid waste incinerators. Prohibits Federal agencies, State or local governments, or other waste management jurisdictions from issuing permits to such incinerators after December 31, 1999, unless the applicant demonstrates and the State finds that: (1) an annual waste composition analysis of the solid waste generated within the area to be served by the facility is conducted by the applicant and by entities from which the facility accepts waste; (2) such entities divert specified percentages of glass, paper, metals, plastics, and yard and food waste to waste management methods other than incineration; (3) the facility will not interfere with diversion rates; (4) it is not feasible to manage the remaining solid waste through source reduction, reuse, or recycling; (5) the facility will not adversely affect the environment or human health and is not situated in a nonattainment area identified under the Clean Air Act; (6) the facility will not harm the local economy; (7) the full cost of the facility over its entire life will be less costly than reducing, recycling, or composting waste; (8) the waste management jurisdiction conducts a public participation process (including a technical assistance grant to local community groups concerned about the project); (9) the proposed construction or expansion is approved by the unit of local government in whose boundaries the facility would be sited; (10) firms operating the facility are in compliance with environmental and public health statutes, have paid outstanding fines for violations of such statutes, and make disclosure statements available; and (11) an approved environmental impact statement is completed. Directs the Administrator of the Environmental Protection Agency to: (1) promulgate standards for waste composition analyses; and (2) review diversion rates triennially and require higher rates, if feasible. Treats ash from municipal solid waste incinerators as a hazardous waste under the Solid Waste Disposal Act. Requires such ash to be managed in a monofill containing only such ash and designed to: (1) prevent the migration of constituents during the operation of the facility; and (2) prevent the infiltration of precipitation during any closure or postclosure monitoring period. Provides for compliance with such requirement by existing incinerators within three years of the enactment of this Act. Prohibits the use of such ash for any purpose. Prohibits the incineration of household hazardous waste, batteries, chlorinated plastics, consumer electronics, and yard waste in such incinerators. Prohibits the issuance of permits or prior approval for the construction or expansion of hazardous waste incinerators unless: (1) waste composition analyses are conducted by the applicant and generators of waste to be incinerated at the facility; (2) specified toxics use reduction requirements have been met and the facility will not interfere with the implementation of such requirements; (3) the facility will not adversely affect the environment or human health; (4) the facility will not harm the local economy; (5) there is no safer disposal or treatment technology available for any of the wastes; (6) the waste management jurisdiction conducts a public participation process (including a technical assistance grant to local community groups concerned about the project); (7) the proposed construction or expansion is approved by the unit of local government in whose boundaries the facility would be sited; (8) firms operating the facility are in compliance with environmental and public health statutes, have paid outstanding fines for violations of such statutes, and make disclosure statements available; and (9) an approved environmental impact statement is completed. Requires hazardous waste generators, as part of the permit process, to report annually on the use, and reduction of the use, of toxic or hazardous substances at their facilities. Directs permit applicants to demonstrate that the State in which the incinerator is located, and each State in which generators of hazardous waste to be incinerated at the facility are located, are implementing toxics use reduction programs. Applies this Act's requirements to any facility that burns hazardous waste.
United States · United States Congress · 2 August 1991
Exhibition Animal Protection Act - Amends the Animal Welfare Act to establish standards for the exhibition of animals. Directs the Secretary of Agriculture to establish a related advisory board, whose membership shall include a representative of the film industry. Extends the investigation and inspection authority of the Secretary to include film production.
United States · United States Congress · 2 August 1991
Amends the Internal Revenue Code to include the following categories of employees as eligible for the targeted jobs credit: (1) an eligible job opportunities program employee; (2) a qualified older American; (3) a qualified dislocated worker; (4) an unemployment compensation exhaustee; (5) a qualified JTPA (Jobs Training Partnership Act) trained individual; and (6) a displaced homemaker. Makes such credit permanent law.
United States · United States Congress · 2 August 1991
Inter-American Scientific Cooperation Act of 1991 - Directs the National Science Foundation to establish the Inter-American Scientific Cooperation Program aimed at increasing science and technology cooperation between the United States and Latin America. Requires the Program to identify and cooperate with private and governmental funding bodies. Authorizes appropriations. Requires the Program to encourage the use of debt-for-science exchanges to finance cooperative scientific research projects. Requires the Program Director to make funds available, in accordance with the National Science Foundation Act of 1950, to non-Federal organizations for such exchanges. Requires intent by a debtor nation to contribute at least 75 percent of the full face value of the discounted debt, or at least 20 percent over the current market purchase price of the debt. Requires the Director to appoint a Board of Governors for the U.S. side of a United States-Mexico Binational Science Endowment. Requires that the Endowment be an independent, nongovernmental, nonadvocacy, not-for-profit organization operated exclusively for scientific and educational purposes, receiving funds and supporting projects of potential benefit to both nations. Authorizes the use of a limited amount of funds authorized under specified Acts to carry out this Act. Authorizes and encourages the Administrator of the Agency for International Development to provide a specified amount from the Foreign Assistance Act of 1961 for certain purposes of this Act.
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 · 31 July 1991
Establishes a Joint Committee on the Organization of the Congress to: (1) make a full and complete study of the organization and operation of the Congress; and (2) recommend improvements in such organization and operation with a view toward strengthening its effectiveness, simplifying its operations, improving its relationships with other branches of the Government, and improving the orderly consideration of legislation. Requires a report to the Senate and the House of Representatives not later than the adjournment sine die of the 102d Congress.
United States · United States Congress · 29 July 1991
Medicare Physician Payment Reform Amendments of 1991 - Amends title XVIII (Medicare) of the Social Security Act to revise the transition rules for phasing in the resource-based relative value scale (RB RVS) method of payment for physician services to prohibit adjustments for asymmetry in the transition and for behavioral responses. Declares spending under this Act to be an emergency requirement under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) and exempt from sequestration.
United States · United States Congress · 29 July 1991
Amends the Higher Education Act of 1965 to exclude from the calculation of expected family contribution in the determination of need for assistance under the Pell Grant program and other student assistance programs the following assets: (1) the family's principal place of residence; or (2) a family farm on which the family resides.
United States · United States Congress · 25 July 1991
Unemployment Insurance Reform Act of 1991 - Title I: Federal Supplemental Compensation Program - Subtitle A: Establishment of Program - Establishes a Federal supplemental unemployment compensation program. Allows any State to enter into and participate in an agreement with the Secretary of Labor (the Secretary) under which the State agency which administers the State unemployment compensation law will make payments of Federal supplemental compensation: (1) to individuals who have exhausted all rights to regular compensation under State law, have no rights to such regular compensation or any additional State or Federal compensation, and are not receiving Canadian compensation; and (2) for any week of unemployment beginning in the individual's eligibility period. Sets forth provisions relating to exhaustion of regular benefits and weekly amount of supplemental benefits equal to regular benefits. Requires a State, under such an agreement, to establish a Federal supplemental compensation account with respect to the benefit year of each eligible individual who files an application. Limits benefit payments to not more than the amount in the individual's account. Sets forth formulas for determining the amount in such account. Provides that such amount shall be equal to the lesser of: (1) 100 percent of the total amount of regular compensation (including dependents' allowances) payable to the individual with respect to the most recent regular benefit year; or (2) the applicable limit times the average weekly benefit amount for the benefit year. Sets the applicable limit at: (1) 20 for an eight-percent period, i.e. one triggered by a total unemployment rate (TUR) of eight percent or more in the State, seasonally adjusted, for the most recent three months with available data; (2) 15 for a seven-percent period; and (3) ten for a six-percent period. Sets forth special rules relating to such applicable limits. Coordinates the Federal supplemental compensation program with the trade readjustment allowance program under the Trade Act of 1974. Sets forth general, special, and transitional rules for supplemental benefit periods, individual eligibility periods, State on and off indicators, and a temporary national trigger. Sets forth provisions for payments to States having such agreements for Federal supplemental compensation. Sets forth reachback provisions for certain individuals' eligibility for such benefits. Sets forth provisions relating to fraud and overpayments. Subtitle B: Repeal of Extended Program - Repeals the Federal-State Extended Unemployment Act of 1970, and references to the extended unemployment compensation program (established by such Act) in the Federal Unemployment Tax Act (FUTA) provisions of the Internal Revenue Code and in the Social Security Act (SSA). Title II: Modifications to Eligibility Provisions - Amends FUTA to limit the circumstances under which individuals may be disqualified for unemployment compensation under State law. Amends specified Federal law to repeal certain limitations on payment of unemployment compensation to former members of the Armed Forces. Reduces the length of the period of required active duty reserves to qualify for such payments. Amends FUTA to allow optional unemployment benefits for certain school employees, by making denial of such benefits discretionary rather than mandatory. Amends FUTA with respect to the treatment of certain determinations with respect to claims for unemployment compensation benefits under State law. Amends FUTA to require State agencies administering unemployment compensation to approve any training program involving classroom training, occupational skill training, basic or remedial education, or literacy or remedial English training, in the case of any individual who has received compensation under State law for ten weeks or more during the benefit year (thus allowing such individual to receive such compensation while participating in such training). Title III: Demonstration Program to Provide Job Search Assistance - Directs the Secretary to carry out a demonstration program to determine the feasibility of implementing job search assistance programs. Requires selection of three States to participate in such program, based on specified criteria. Requires that at least one of these States will replicate a prior successful demonstration project for job search assistance. Sets forth requirements for the program agreement with these States. Requires a job search assistance program, for purposes of this title, to: (1) require certain unemployment compensation recipients to participate in a qualified intensive job search program (the program) after receiving such compensation for ten weeks during any benefit year; (2) entitle such individuals to an intensive job search program voucher; and (3) disqualify those who do not satisfactorily participate in such program from receiving such compensation for a specified period. Makes such program requirements applicable to such recipients if, during a specified three-year period, they had at least 126 weeks of employment at wages of $30 or more a week with their last employer (or an equivalent amount computed under prescribed regulations). Sets forth exceptions to such program requirements and program qualifications. Provides that such vouchers entitle the organization (including the State employment service) providing the program to a payment from the State agency equal to the lesser of: (1) the reasonable costs of providing the program; or (2) the average weekly benefit amount in the State. Requires Federal payments from the supplemental compensation account to each participating State's account in the Unemployment Trust Fund in an amount equal to the payments made by the State agency for such program vouchers. Provides for payments on a calendar month basis, and for certification by the Secretary. Directs the Secretary to submit two interim reports and a final report to the Congress on the demonstraton program under this title. Title IV: Financing Reforms - Amends the Social Security Act (SSA) to provide for transfers of income taxes on unemployment benefits to the Unemployment Trust Fund. Modifies provisions for Federal unemployment accounts. Provides for an increase in quarterly credits for States with adequate balances. Provides for appropriate adjustments in transfers to the Federal unemployment account. Raises a ceiling on the supplemental compensation account. Provides for borrowing between Federal accounts, under specified circumstances, with respect to: (1) the employment security administration account; (2) the Federal unemployment account; or (3) supplemental compensation and reemployment assistance account. Directs the Secretary, within 12 months, to report to the Congress a proposal for revising the method of allocating grants among the States for administration of the unemployment insurance program. Prohibits the Secretary from revising such method until 12 months after such report is submitted to the Congress. Amends the SSA to establish an Advisory Council on Unemployment Compensation. Directs the Secretary to establish such a council by December 31, 1991, and every fifth year thereafter. Requires each such council to evaluate the unemployment compensation program. Sets forth membership and staff provisions. Requires each council to report to the Congress by October 1 of the year following the year in which is required to be established. Terminates each council after it submits its report. Title V: Budget Compliance Provisions - Subtitle A: Congressional Designation of Emergency - Designates the provisions of (and amendments made by) this Act as emergency requirements, pursuant to specified provisions of the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Subtitle B: Effect of Failure of President to Designate Emergency - Declares that specified provisions of this subtitle shall take effect only if the President does not, on the date of enactment, designate the provisions of (and amendments made by) this Act as emergency requirements under the Balanced Budget and Emergency Deficit Control Act of 1965. Amends Federal Unemployment Tax Act (FUTA) provisions of the Internal Revenue Code relating to the rate of the Federal unemployment tax. Modifies the formula for determining such rate to make such FUTA excise tax on employers equal to: (1) five and four-tenths percent of the total wages paid during the calendar year with respect to employment; and (2) a specified percentage of the total Federal taxable wages paid during the calendar year with respect to employment. (Provides that such percentage shall be lowered as it is phased-in, from 0.4 percent in 1993 to 0.2 percent in 1997 and thereafter.) Makes conforming modifications to credit provisions and tax computation provisions. Sets forth the applicable cost estimate of this Act for FY 1991 through 1995 for purposes of the Balanced Budget and Emergency Deficit Control Act of 1985. Provides, notwithstanding such cost estimate, for budgetary treatment under pay-as-you-go procedures. Sets forth findings relating to such treatment. Subtitle C: Additional Provisions - Exempts Federal supplemental compensation program payments under title I of this Act from any sequestration order issued under the Balanced Budget and Emergency Deficit Control Act of 1985 for FY 1992 or any succeeding fiscal year.
United States · United States Congress · 18 July 1991
Surface Transportation Research and Development Act of 1991 - Directs the Secretary of Transportation to develop a national plan for surface transportation research and development. Requires the Secretary to initiate research and development programs in the areas of: (1) highway vehicle research; (2) automated highway and vehicle systems; (3) high speed rail systems; (4) magnetic levitated train systems; and (5) lightweight, rubber-tired multiple-unit passenger transportation systems. Directs the Secretary to establish an independent surface transportation research advisory committee. Authorizes appropriations.
United States · United States Congress · 17 July 1991
Technical Education and Training Act of 1991 - Requires the Director of the National Science Foundation (NSF) to carry out an advanced technical education and training program under which accredited associate-degree-granting colleges, using matching non-Federal funds, provide training in technical competencies in strategic fields, with emphasis on collaborative programs with local employers and on attracting nontraditional students seeking to upgrade skills, recent high school graduates, and high school dropouts. Sets forth program elements, including: (1) model instructional programs in state-of-the-art competencies in advanced-technology occupations; (2) faculty development in laser technology, robotics, fiber optics, electronics, and other advanced technologies; and (3) private sector participation and provision of work experience opportunities. Requires the Director to: (1) award competitive grants to associate-degree-granting colleges; and (2) establish an inventory of advanced technical education and training programs. Requires the appointment of a National Advisory Council on Advanced Technical Education and Training to ensure the program is consistent with the needs of industries and provide other advice and evaluations. Requires an annual report from the Council to the NSF and the Congress. Requires the program to give emphasis to training to accommodate working people, parents, and the handicapped. Requires the designation of ten centers of excellence among associate-degree-granting colleges to serve as national and regional clearinghouses for educational institutions striving to upgrade their technical education programs and mathematics and science courses. Requires the Director to make: (1) no fewer than 20 grants annually to associate-degree-granting colleges to develop partnerships in mathematics and science education with secondary schools in the community; and (2) grants for partnerships with four-year academic institutions to enable students to achieve bachelor degrees in mathematics, science, engineering, or technology.
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 · 27 June 1991
Rural Schools of America (RSA) Act of 1991 - Title I: Rural School Improvement - Authorizes appropriations for this title. Directs the Secretary of Education (the Secretary) to reserve five percent of specified funds for competitive grant awards to exemplary school programs. Directs the Secretary to allot, from remaining amounts, to each eligible local educational agency (LEA) with an approved application an amount based on that LEA's relative allocation under certain provisions of the Elementary and Secondary Education Act of 1965 for education of disadvantaged children (ESEA title I chapter 1). Provides for annual payments to eligible LEAs with approved applications if they comply with certain data collection requirements to monitor progress toward meeting national education goals, and demonstrate such progress. Requires each such LEA to reserve up to five percent of its allotment to make as many grants as practicable, for authorized activities, to community-based organizations or nonprofit partnerships between the LEA and an area-wide collaborative of private sector businesses. Sets limits on the time and the amount of funds to be used for planning purposes. Requires LEAs to use funds under this title to meet national education goals through programs designed to: (1) increase the academic achievement of rural school children to at least the national average; (2) prepare all rural children for school; (3) increase the graduation rates of rural students to at least the national average; (4) prepare rural school graduates to enter higher education, pursue careers, and exercise their responsibilities as citizens; (5) recruit and retain qualified teachers; and (6) decrease the use of drugs and alcohol by rural students, and enhance their physical and emotional health. Sets forth program accountability requirements: (1) in general, for initial grants, renewal grants, and renewal of school participation; (2) for achievement, including demonstration of improvement; and (3) for data collection certification and to monitor progress in achieving national education goals. Authorizes the Secretary to make, from reserved funds, competitive incentive awards to individual schools participating in projects assisted under this title that demonstrate exemplary progress in meeting specified program requirements. Directs the Secretary, by January 1, 1993, to report on the impact of Federal regulations, guidelines, and policies on rural public schools. Requires LEAs desiring to receive an allotment under this Act to establish a local advisory group to: (1) advise on design and conduct of a needs assessment for participating schools; (2) assist in planning for community-wide collaboration in service delivery for youths in participating schools; (3) advise the LEA and the community on how they can work together to use multiple service providers; and (4) advise and assist program implementation and review program evaluation; (5) review and approve community-based organizations' applications; (6) advise on strategies for increasing parental involvement and the number of school volunteers and role models; and (7) review community-based programs' progress or national education goals. Allows use of a comparable existing local advisory group to comply with such requirement. Sets forth special rules relating to ranking of schools to determine relative need, in general, on the basis of achievement, poverty, and racial isolation. Requires each LEA receiving a grant to serve between ten and 20 percent of its schools. Requires eligible LEAs to have flexibility to serve homeless children, desegregating students, immigrants, migrants, or other highly mobile populations, within the program assisted under this title. Deems any approved program for any school served under certain ESEA title I chapter 1 provisions to be sufficient to meet the application and program accountability requirements of this title. Title II: School Building Repair and Renovation - Authorizes appropriations to assist eligible LEAs in repairing and renovating instructional facilities in rural schools. Directs the Secretary to make allotments to State educational agencies based on relative allocations to LEAs under ESEA title I chapter 1. Directs each SEA after after being allowed to reserve one percent of such funds for administrative expenses, to allot the remainder to eligible LEAs, which shall use half of such allotment for programs for school building repair and renovation, and half for programs for school environmental concerns and safety improvements. (Authorizes the SEA to waive such 50 percent division in certain cases.) Directs the SEA to allocate such funds on the basis of the number of: (1) children from families below the poverty line; (2) school buildings used for instructional purposes; and (3) school buildings more than 25 years old used for instructional purposes. Limits the period covered by a grant application to three years, and requires annual review. Lists types of programs eligible LEAs must conduct with their allotments for: (1) repair and renovation of school buildings; and (2) improvements related to environmental concerns and safety. Title III: Evaluation of Results - Subtitle A: Assistant Secretary - Amends the Department of Education Organization Act to establish an Assistant Secretary for Rural Education in the Department of Education. Subtitle B: Rural School Research and Evaluation - Authorizes appropriations to carry out this subtitle. Directs the Secretary to establish for each region a National Rural Regional Education Research Center (Center), to be operated by the appropriate regional educational laboratory. Requires each Center to: (1) conduct independent research in rural education and distance learning technologies; (2) evaluate progress toward the national education goals of rural schools receivng funds under title I of this Act; (3) be rural education clearinghouses for research findings, policies, and practices; (4) develop measurements of rural schools' progress; (5) disseminate evaluation and research results to other centers and rural school districts and parents; (6) arrange collaboration and consortia among rural schools in the region for joint research and evaluation; (7) replicate successful models and program approaches; (8) provide technical assistance and outreach services for schools; (9) provide staff training; and (10) develop curricula to assist rural schools in moving toward meeting the national education goals. Requires each Center to reserve 25 percent of funds received under this subtitle for direct grants to rural eligible LEAs within its region, which are participating in a program assisted under title I of this Act, to conduct local school district research and evaluation of efforts toward meeting the national education goals. Title IV: General Provisions - Establishes the Interagency Council on Rural Schools to: (1) review Federal programs to determine effects on and rural schools' ability to meet national education goals; (2) track school progress toward and such goals; (3) solicit advice and information for rural education experts and rural school representatives on improvement of Federal programs; (4) review Federal regulations for duplication or contradiction; (5) report annually to the Congress and the President on rural school progress; (6) review and recommend improvement for streamlining of Federal data collection in rural schools; and (7) conduct research to help rural school practitioners improve school performance. Directs the President to conduct a White House Conference on Rural Education before October 30, 1994. Requires the Conference to: (1) develop recommendations and strategies for improving rural education; (2) marshal the forces of the private sector, governmental agencies at all levels, parents, teachers, communities, and education officials to assist rural schools in meeting national goals; and (3) conduct initial planning for a permanent national advisory commission on rural education. Requires reports to the President. Authorizes appropriations for such Conference. Establishes the Carl D. Perkins National Commission on Rural Education (the Commission). Directs the Commission to: (1) study specified issues relating to rural schools; and (2) report, and recommend changes in Federal legislation, to the President and appropriate congressional committees. Terminates the Commission three years after its first meeting. Authorizes appropriations for the Commission. Requires eligible LEAs to use Federal funds received under this Act only to supplement but not supplant non-Federal funds.
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 · 26 June 1991
World Cup USA 1994 Commemorative Coin Act - Directs the Secretary of the Treasury to issue a specified number of five-dollar gold coins, one-dollar silver coins, and half-dollar clad coins in commemoration of the 1994 World Cup and the unique appeal of soccer. Sets forth certain features of such coins and provides for their design, issuance, and sale. Requires that all sales include a surcharge of $35 per coin for the five-dollar coins, $7 per coin for the one-dollar coins, and $1 per coin for the half-dollar coins. Requires that all surcharges be paid to the Organizing Committee to organize and stage the 1994 World Cup. Requires that ten percent of such funds shall be made available through the U.S. Soccer Federation Foundation, Inc., for distribution to institutions for scholastic scholarships to qualified students.
United States · United States Congress · 4 June 1991
Exotic Bird Conservation Act of 1991 - Prohibits the import into or export of birds out of the United States without permit. Directs the Secretary of the Interior to establish a joint permit system to expedite the application and approval process for such imports and exports. Requires importers and exporters to obtain licenses as well. Conditions such a license on compliance with certain facilities standards. Authorizes the Secretary, at any time during the five years following enactment of this Act, to prescribe annual limits to imports of any species of birds, on a gradually declining scale in order to reduce and ultimately end the import of such species by the fifth anniversary of the enactment of this Act. Sets forth statutory limits which shall become effective if the Secretary has not prescribed such annual limits within 180 days after enactment. Sets forth purposes for which import permits must be issued, including scientific research, zoological exhibition, and captive breeding. Prohibits domestic bird ranching operations or approval of foreign captive-breeding facilities unless they meet specified standards. Sets forth criteria for the importation of pet birds. Requires the Secretary to set up a system for registering persons who wish to acquire or transfer birds imported five years after enactment of this Act (other than ranched, captive-bred, or pet birds). Prohibits the transfer of any bird imported five years after enactment without registration. Establishes general requirements for registration. Prohibits the transfer of any bird imported five years after enactment unless it has been marked according to regulations. Requires the Secretary to publish in the Federal Register a list of those species of birds that need not be marked. Sets forth recordkeeping and reporting requirements for registrants. Directs the Secretary to establish: (1) a computerized information system for recording and analyzing information on imported birds; and (2) a voluntary National Avicultural Program to provide incentives for improved management and care of birds held for captive breeding. Prescribes a procedure for petitioning the Secretary to make findings or determinations or take other actions under this Act. Requires the Secretary to: (1) promulgate regulations addressing the special health and welfare needs of exotic birds in quarantine; and (2) cooperate fully in implementation of specified avian transport guidelines. Authorizes the Secretary to develop research programs on the injury, morbidity, and mortality of birds. Requires the Secretary to encourage development of safe and efficacious vaccines for major avian diseases. Sets forth civil and criminal penalties for imports and transfers in violation of this Act. Provides for compliance inspections, seizures or forfeitures of birds and equipment, and suspension of licenses or registration. Provides for citizen suits to enforce this Act. Authorizes the Secretary, acting through the Director of the U.S. Fish and Wildlife Service, to provide financial assistance for projects for research, conservation, management, or protection of exotic birds. Entitles any foreign government agency responsible for bird conservation, the Secretariat of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), and any organization or individual with bird conservation experience to submit project proposals. Sets forth criteria for project approval. Establishes in the Treasury an Exotic Bird Conservation Fund to provide for project assistance. Authorizes appropriations.
United States · United States Congress · 4 June 1991
Wild Bird Protection Act of 1991 - Makes it unlawful for any person to: (1) import, transfer, possess, or sell any exotic bird unless such person is properly licensed and such bird meets specified marking requirements; and (2) commit, attempt to commit, or solicit another to commit, a violation of such requirements. Authorizes the Secretary of the Interior (Secretary) to issue licenses permitting: (1) the importation of certain exotic birds; and (2) the transfer of wild exotic birds. Sets forth specified reporting and recordkeeping requirements. Directs the Secretary to issue regulations requiring the marking of exotic birds. Authorizes: (1) the sale of captive exotic birds only if they are properly marked; and (2) the marking of such birds if the owner can show that they have been legally acquired. Exempts common canaries, cockatiels, budgerigars, or other qualifying species from such marking requirements. Authorizes a person to petition the Secretary with respect to any finding, determination, or other action authorized by this Act. Sets forth both civil and criminal penalties. Sets forth provisions relating to: (1) inspections and seizures and dispositions of such birds; (2) suspension of licenses; and (3) imposition of fees.
United States · United States Congress · 14 May 1991
Provides that no State or local government shall be obligated to take any action required by Federal law enacted after the enactment of this Act unless all expenses of such government in taking such action are fully funded by the United States.
United States · United States Congress · 9 May 1991
Transportation for Livable Communities Act of 1991 - Title I: Planning - Bars the Secretary of Transportation from approving a program in whole or in part, or any project, unless the Secretary finds that the program conforms to and carries out plans and programs pursuant to this Act. Declares it to be in the national interest to encourage and promote the conservation and development of transportation systems embracing various modes of transportation in a manner that will serve the States and local communities efficiently and effectively. Directs the Secretary to cooperate with State and local officials in developing transportation plans and programs which, at a minimum: (1) utilize transportation system management and investment strategies designed to make the most efficient use of existing transportation facilities; (2) promote or reinforce land use patterns for residence and employment that enhance the attractiveness and feasibility of mass transportation; (3) demonstrate why alternative transportation modes or management strategies are not feasible substitutes to any proposed expansions of highway capacity; (4) incorporate actions to reduce energy consumption; (5) minimize physical or visual disruption of scenic landscapes, vistas, and historic areas; (6) conform to and complement local and State plans and programs concerning housing, community development, rural conservation, air and water quality, recreation, and historic preservation; (7) effectuate reductions in the demand in congested areas for motor vehicle travel and, particularly, for single passenger automobile travel; and (8) specify proposed transportation enhancement activities. Requires that the planning process consider all modes of transportation, account for reasonably anticipated funds, and be continuing, cooperative, and comprehensive. Bars the construction of any highway project in a metropolitan area unless the responsible public officials of the area in which the project is located have been consulted and their views considered with respect to the corridor, mode of transportation, and location and design of the project. Directs the Secretary to cooperate with each State in the development of transportation plans and programs which will serve the State and its local communities and rural areas effectively, accomplish social and economic development goals, conserve energy, preserve open space and scenic and historic resources, promote improvement of air and water quality, and encourage efficient land use patterns. Requires that: (1) such plans and programs be based on long-range needs and goals and meet specified requirements to achieve such goals; and (2) the State provide an opportunity for public comment and respond in reasonable detail to the comments received. Title II: Transportation Enhancement Activities - Defines "transportation enhancement activities" to include, with respect to a project and the area to be served by the project: scenic and historic landscape enhancement; demonstration projects to encourage excellence in the design, construction, rehabilitation, and use of transportation facilities; archeological planning and research; acquisition of scenic, recreational, and historic sites or areas; and control and removal of outdoor advertising. Includes transportation enhancement activities within the definition of highway. Authorizes the Secretary to approve related transportation enhancement activities under the highway bridge replacement and rehabilitation program. Specifies the Federal share of Federal-aid highway project costs that are attributable to transportation enhancement activities, with exceptions. Requires States to expend not less than eight percent of the amounts apportioned in any fiscal year to a State in any fiscal year under this Act on transportation enhancement activities. Title III: National Scenic and Historic Highway System - Establishes the National Scenic and Historic Highway System. Directs the Secretary, within one year, to establish criteria for designating National Scenic and Historic Highways, including: (1) consideration of the scenic beauty and historic significance of the highways or the highways' surroundings; (2) operation and management standards for the highways; (3) standards for signage for the highways; and (4) design review procedures for siting the highways and location of structures, landscaping, and travelers' facilities on or adjacent to the highways. Sets forth procedures by which States may nominate an exisitng or planned highway for inclusion in the National Scenic and Historic Highway System. Directs the Secretary to: (1) conduct an inventory of Federal lands highways and designate appropriate highways for inclusion in such System; and (2) withdraw the designation of a highway, other than a Federal lands highway, upon the request of a State or upon determinining that the highway does not meet criteria established pursuant to this Act. Authorizes the Secretary to approve projects for the purpose of identifying, designating, and operating National Scenic and Historic Highways, but bars projects for the grading, construction, repair, or rehabilitation of a highway roadbed. Limits the Federal share to 95 percent of the cost of such projects. Directs the Secretary to set aside $25,000,000 to carry out such purpose for FY 1992 through 1996. Title IV: Control of Outdoor Advertising - Authorizes (current law requires) reduction of Federal highway funds by up to five (currently, equal to ten) percent of apportioned funds for States that have not made provision for effective control of outdoor signs, displays, or devices (advertising) along Federal-aid highways. Requires, as part of effective control, that: (1) each State maintain an annual inventory of such advertising, identify such advertising as illegal, nonconforming, or conforming under State law, and assure that any prohibited advertising shall be removed; and (2) no State allow or undertake any vegetation removal or other alteration of the highway right-of-way to improve visibility of such advertising or permit modification of nonconforming advertising to improve its visibility or prolong its useful life. Prohibits any new advertising from being erected under Federal highway provisions after October 1, 1991, and treats advertising erected between such date and the effective date of this Act as nonconforming. Sets forth provisions with respect to the removal and acquisition of advertising and Federal participation in costs incurred by the State for such removal. Bars outdoor advertising by Federal agencies on public lands (excluding Indian lands and reservations) that fails to conform to regulations issued by the Federal agency with jurisdiction over, or responsibility for, such land. Requires such regulations to be at least as stringent as the requirements of the State in which the land is located.
United States · United States Congress · 8 May 1991
Freedom from Want Act - Title I: Domestic Assistance Programs - Part A: Nutrition, Education, and Health Care - Expresses the sense of the Congress that it should make a commitment to increasing participation in the special supplemental food program for women, infants, and children (the WIC program) by 20 percent in each of FY 1992 through 1996, so that the goal of full participation may be reached by the end of FY 1996. Expresses the sense of the Congress that the Head Start Act should be fully funded so that the goal of participation of all eligible three- and four-year-old children in Head Start programs can be achieved by FY 1994. Amends the Older Americans Act of 1965 to increase the reimbursement provided by the Department of Agriculture for congregate and home-delivered meals for older Americans to 65.66 cents in FY 1992, with adjustments for inflation in FY 1993 and 1994. Amends the Public Health Service Act to direct the Secretary of Health and Human Services (HHS) to undertake a Children's Vaccine Initiative, for research, development, testing, and evaluation of children's vaccines, and for assisting in delivery of such vaccines in the United States and throughout the world. Directs the Secretary of HHS to consult with the World Health Organization and the United Nation's Children's Fund in organizing such Initiative. Requires the Director of the National Vaccine Program to plan and coordinate such Initiative, and ensure that the Public Health Service conducts activities under the Initiative in collaboration with nongovernment institutions and other Federal agencies. Authorizes appropriations. Directs the Secretary of Agriculture to ensure that rules issued under the Federal Meat Inspection Act that impose labeling standards for any meat or meat food product sold or offered for sale in commerce also impose equivalent labeling standards for meat or meat food products distributed by the Department of Agriculture through domestic commodity food assistance programs. Part B: Individual Development Account Demonstration - Amends the Internal Revenue Code to allow a deduction for payments (other than certain assistance from an organization of a demonstration project under this part) made by or on behalf of eligible individuals to an individual development account (IDA) to accumulate funds to pay the following qualified expenses: (1) postsecondary education expenses; (2) first-home purchase; (3) business capitalization; (4) retirement expenses; and (5) transfers to an IDA of the individual's spouse or dependent. Sets forth requirements relating to such IDAs. Establishes five-year IDA demonstration projects to determine: (1) the social, psychological, and economic effects of providing to individuals with limited means an opportunity to accumulate assets; and (2) the extent to which an asset-based welfare policy may be used to enable individuals with low income to achieve economic self-sufficiency. Allows any organization to apply to the Secretary of the Treasury for grants to conduct such a project. Requires each organization authorized to conduct such a project to establish a Reserve Fund drawn from investments, public and private funds, and IDA penalty amounts. Requires the organization to use Reserve Fund amounts to: (1) assist project participants in obtaining skills and information to achieve economic self-sufficiency through activities requiring IDA qualified expenses; (2) provide financial assistance to the IDAs of individuals selected by the organization to participate in the project; (3) administer the project; and (4) provide the organization evaluating the project with necessary information. Directs the organization to invest Reserve Fund amounts that are not immediately needed to carry out such project fund uses. Limits the administrative expenses. Requires that unused Federal grant funds be transferred to the Secretary when the project terminates. Makes eligible for IDA demonstration project assistance any individual who is a member of a household with: (1) a household income for the immediately preceding calendar year of not more th an 200 percent of the poverty threshold; and (2) a household net worth, as of the close of such year, of not more than $20,000. Directs the project organization to select individuals whom the organization deems suited to receive such assistance. Sets forth a table for organization contributions to an individual's IDA, based on: (1) the individual income for the applicable period, as a percentage of the poverty threshold; and (2) matched with the lesser of either a specified percentage of the qualified savings of the individual for the period, or a specified dollar amount. Provides for a greater organization contribution for individuals with lower incomes. Requires local control over demonstration projects by giving the organization sole authority over project administration, and allowing the Secretary of the Treasury to prescribe only regulations that are necessary to ensure compliance with approved applications and this Act. Requires each project organization to prepare ten semiannual progress reports for an oversight panel, the Secretary of the Treasury, and the Treasurer (or equivalent official) of the State in which the project is conducted. Directs the Secretary of the Treasury to establish an oversight panel for such demonstration projects. Authorizes the Secretary of the Treasury to revoke the original authorization for a demonstration project upon receipt of a notice that the project has failed to implement the oversight panel's recommendations. Sets forth required revocation actions and procedures. Requires the oversight panel to enter into a contract with an independent research organization to evaluate the IDA demonstration projects, individually and as a group, addressing specified questions. Authorizes appropriations for IDA demonstration projects. Requires that funds in the IDAs of demonstration project participants to be disregarded for purposes of all means-tested Federal programs. Part C: Microenterprise Programs - Amends the Social Security Act to include microenterprise training programs under the JOBS program under provisions for aid to families with dependent children (AFDC). Requires adjustment of performance standards for microenterprises to take account of the time required for their establishment. Provides for limited exclusions of microenterprise resources and income under the AFDC program. Defines a microenterprise as a commercial enterprise which has five or fewer employees, one or more of whom owns the enterprise; and (2) none of the owners of which has income exceeding 200 percent of the poverty threshold. Authorizes States to waive Federal AFDC requirements with respect to participants in State-approved microenterpise programs. Provides that participation in such State-approved microenterprise programs shall not affect the participants' means-tested Federal benefits. Amends the Consolidated Farm and Rural Development Act to make microenterprises eligible for rural development loans and grants. Expresses the sense of the Congress that one percent of funds for specified types of rural development assistance should be reserved for certain purposes relating to microenterprises. Amends the Housing and Community Development Act to make microenterprises eligible for assistance under community development block grants. Provides that certain assisted activities relating to microenterprises shall be considered to benefit persons of low and moderate income. Expresses the sense of the Congress that each grantee under the community development block grant program should reserve one percent of any grant received to provide assistance to facilitate commercial economic development through microenterprises. Amends the Small Business Act to express the sense of the Congress that: (1) one percent of specified funds for small business loans should be reserved for specified purposes relating to microenterprises; and (2) the Small Business Administrator should take such other necessary actions to maximize participation by microenterprises in programs under such Act and the Small Business Investment Act of 1958. Provides for small business loans for microenterprises. Amends the Job Training Partnership Act (JTPA) to authorize the use of funds for training activities with respect to microenterprises. Directs the State Governor to adjust performance standards relating to microenterprises to reflect the time required to establish and develop a stable income from such an enterprise as participants seek to achieve economic self-sufficiency. Provides for JTPA microenterprise grants. Directs the Secretary of Labor, from specified funds for FY 1992 through 1996, to make grants in limited amounts to not more than ten States per year to implement and enhance community-based microenterprise activities. Requires State matching funds and annual reports. Authorizes appropriations for such microenterprise grants. Part D: Increasing the Food Purchasing Power of Low-Income Households - Authorizes the Secretary of Agriculture to make grants to up to 20 nonprofit community-based organizations to carry out food retailing development projects to: (1) increase the access of individuals residing in communities underserved by supermarkets to more affordable and quality food; and (2) strengthen the operation of existing food retail stores in underserved communities by providing such stores with services that lower costs, improve management, and increase the quality and nutritional value of food inventories. Sets forth priorities in selecting grantees. Sets forth requirements for grant expenditures. Authorizes appropriations for such food retailing development program. Authorizes the Secretary of Agriculture to make grants to up to ten eligible entities to carry out a food stamp and producer direct marketing demonstration project to: (1) increase retail marketing opportunities for local agricultural producers through farmers markets, roadside stands, and other means; (2) increase the access to and consumption of fresh, perishable agricultural commodities by low-income individuals; (3) identify and implement successful strategies to increase the number of agricultural producers certified to redeem food stamp coupons in exchange for commodities sold directly to coupon recipients; and (4) increase the number of food stamp recipients who use such coupons to purchase such commodities from agricultural producers. Sets forth requirements for grant expenditures. Defines an eligible entity as a community-based organization with strong ties to both the farming community and to an anti-hunger organization. Authorizes appropriations for such food stamp and producer direct marketing demonstration program. Amends the Child Nutrition Act of 1966 to revise WIC farmers' market demonstration programs. Increases from ten to 20 the number of States allowed to provide WIC participants with coupons to purchase fresh fruit and vegetables from farmers markets. Sets forth requirements for program reports and review. Authorizes appropriations. Part E: Assessing Food Security within Communities - Amends the National Agricultural Research, Extension, and Teaching Policy Act of 1977 to provide for regional centers for community food security. Directs the Secretary of Agriculture, through the Federal Extension Service, to make competitive grants to seven land grant colleges and universities to establish seven regional centers for community food security, with one of them designated to serve as a coordinating center. Sets forth requirements for selection of recipients, use of grants, prohibited uses, term of grants, performance evaluations, and annual reports. Defines food security as the ability of all people at all times to purchase or receive from usual food sources enough nutritionally adequate food for an active and healthy life. Part F: Findings Regarding Communities Making the Transition to Hunger-Free Status - Expresses the sense of the Congress regarding criteria for communities making the transition to food secure status. Part G: Infant Mortality Reduction - Subpart 1: Low Birthweight and Infant Mortality - Establishes within the Department of Health and Human Services a program to make grants to States, municipalities, and nonprofit organizations to establish demonstration projects to reduce infant mortality by reducing the incidence of low birthweight births in high-risk communities. Sets forth grant application requirements and preferences in awards. Directs the Secretary of HHS to: (1) establish an Infant Mortality Advisory Panel; and (2) evaluate such projects and provide technical assistance to grantees. Requires annual reports from grantees. Limits project duration to three years. Authorizes appropriations. Subpart 2: Breast Feeding and Infant Morbidity and Mortality Study - Directs the Secretary of HHS to establish a program to award grants to conduct studies of the impact of breastfeeding on infant mortality and morbidity in certain high-risk populations. Authorizes appropriations for each fiscal year for conducting such study. Part H: Amendments to the Food Stamp Act of 1977 - Mickey Leland Childhood Hunger Relief Act - Subpart 1: General Provisions - Sets forth general provisions. Subpart 2: Ensuring Adequate Food Assistance - Amends the Food Stamp Act of 1977 to remove the excess shelter deduction cap for purposes of food stamp program (program) eligibility. (Sets forth transitional caps through FY 1995.) Requires the Secretary of Agriculture to adjust the basic benefit level upwards by specified increments at the beginning of each fiscal year until it reaches 105 percent of the cost of the thrifty food plan. Eliminates food stamp reductions for households reapplying for program reinstatement within 30 days. Excludes third party payments for transitional housing for the homeless from consideration as program income. Increases funding for the nutrition assistance program in Puerto Rico. Excludes general assistance vendor payments from consideration as program income. Subpart 3: Promoting Self-Sufficiency - Excludes from consideration as program income: (1) the first $50 a month received as child support; and (2) child support payments to non-household members. Increases annually the fair market value limit of vehicles that program recipients may own. Excludes from financial resources the value of a vehicle a household depends upon to carry heating fuel or water for home use where it has no other access to fuel or water. Increases dependent care deductions and participant and State agency reimbursements in connection with employment and training activities. Subpart 4: Simplifying the Provision of Food Assistance - Permits related adults living in the same household to apply for separate program benefits under specified conditions. Permits a participating family made up of, or including, an elderly or disabled member to own $300 in allowable financial resources. (Current law refers to a family member 60 years of age or older.) Makes program authorization of appropriations permanent. Subpart 5: Implementation and Effective Dates - Sets forth the effective dates for provisions of this Act. Title II: International Programs - Part A: Food as a Human Right - Declares that the United States should: (1) make a major effort toward strengthening the right to food in international law; and (2) propose to the United Nations General Assembly that a Declaration and Convention on the Right to Food be adopted and submitted to countries for ratification. Prohibits the provision of development assistance under the Foreign Assistance Act of 1961 and the provision or financing of agricultural commodities under the Agricultural Trade Development and Assistance Act of 1954 for countries that engage in a consistent pattern of violations of internationally recognized rights to food and medical care. Requires the United States to: (1) make a major effort toward reforming and restructuring the United Nations mechanism for responding to international disasters and humanitarian emergencies; and (2) evaluate the role of the United Nations Disaster Relief Organization and develop a proposal for strengthening the United Nations response to such emergencies. Part B: Democratic Empowerment - Amends the Foreign Assistance Act of 1961 to authorize the President, acting through the administrator of the agency responsible for administering development assistance (administering agency), to provide assistance for eligible emerging democracies. Defines an "eligible emerging democracy" as a least developed country that is making a transition from an undemocratic to a democratic system of government. Lists authorized assistance as development and relief and rehabilitation assistance and assistance for child survival, maternal health, basic nutrition, and basic education. Waives provisions of law that prohibit or restrict assistance to countries in arrears or default on loan or credit payments owed to the United States with respect to assistance for eligible emerging democracies. Establishes a Fund for Democratic Empowerment to carry out such assistance program. Authorizes appropriations. Part C: Children - Authorizes appropriations for FY 1992 and 1993 for U.S. contributions to the United Nations Children's Fund. Amends the Foreign Assistance Act of 1961 to authorize appropriations for the Child Survival Fund for FY 1992 and 1993. Earmarks amounts of foreign assistance for activities that deal directly with the special health needs of children and mothers. Requires the President, with respect to the provision of development assistance, to promote and undertake activities relating to research on, and the treatment and control of, acquired immune deficiency syndrome (AIDS) in developing countries. Designates such assistance as the International AIDS Prevention and Control Program. Earmarks amounts of development assistance for FY 1992 and 1993 for the Vitamin A Deficiency Program and programs to eliminate iodine deficiency. Expresses the sense of the Congress that the United States should join in a comprehensive initiative to reduce micronutrient deficiencies from iron, as well as leading in the elimination of vitamin A and iodine deficiency. Earmarks foreign assistance for basic education programs. Directs the President to report annually to the Congress on U.S. contributions to the goals and strategies of the World Declaration on the Survival, Protection and Development of Children; the Plan of Action for Implementing the Declaration; the World Declaration on Education for All; and the Framework for Action to Meet Basic Learning Needs. Part D: Women in Development - Removes a limitation on, and earmarks an amount of, assistance to promote the participation and integration of women in the development process in developing countries. Requires specified amounts of such assistance to be used to support the integration of women into programs of the administering agency and to support needs of such agency in administering the women in development policy. Part E: Refugees - Authorizes appropriations for FY 1992 and 1993 for migration and refugee assistance, with earmarked funds for programs of refugee assistance overseas. Expresses the sense of the Congress that other international donors should join with the United States in ensuring that refugee relief and rehabilitation efforts are adequately funded and supported. Part F: Agriculture and the Environment - Requires agricultural development programs supported by the United States under the Foreign Assistance Act of 1961 and in the multilateral development banks and International Monetary Fund (IMF) to incorporate principles of environmental sustainability. Directs the Administrator of the Agency for International Development (AID) to establish specified environmental sustainability guidelines and standards to be applied to all agricultural development programs supported under the Foreign Assistance Act of 1961, bilateral agricultural projects, and, where appropriate, environmental projects supported under such Act. Requires the U.S. executive directors of the multilateral development banks and the IMF to seek the adoption of requirements comparable to such standards by their respective institutions. Declares that AID should make a long-term commitment to research the ecological and socioeconomic components of sustainable agricultural development. Provides that research topics should include: (1) how traditional systems of agriculture respond to local ecological conditions and how such responses can be incorporated in agricultural development that aims to increase yields without degrading long-term productive potential or the ability to withstand ecological pressures; (2) the role of subsistence agriculture in meeting the nutritional needs of rural populations and the improvement of subsistence food production; and (3) the improvement of crops which comprise a substantial part of the diet of the poorest part of the population. Declares that the United States should encourage the Consultative Group on International Agriculture to incorporate such topics into its research priorities and to promote the application of research findings into project design and implementation. States that AID should increase its support for agricultural research institutions that have demonstrated a capacity to contribute to sustainable agricultural development. Directs the AID Administrator to report to the Congress on AID programs directed toward sustainability as a basis for agricultural assistance efforts. Part G: World Bank and International Monetary Fund - Expresses the sense of the Congress that the Secretary of the Treasury should instruct the U.S. executive directors of the International Bank for Reconstruction and Development (World Bank), the International Development Association (Association), and the IMF to seek the establishment by their institutions of programs and policies to assist in the realization of the right to food. Amends the International Financial Institutions Act to direct the Secretary of the Treasury to instruct: (1) the U.S. executive director of the Association to advocate, in the context of the Association's tenth replenishment, that at least 50 percent of the Association's loans go to countries that have developed a national development and poverty alleviation strategy; and (2) the U.S. executive directors of the World Bank and the IMF to urge such institutions to develop Policy Framework Papers (including sections on environmental goals) for borrowing countries. Expresses the sense of the Congress that the World Bank and the Association should: (1) give greater programmatic and budgetary priority to child survival and development; and (2) commit to devoting at least five percent of the annual lending programs to primary health and five percent to basic education. Directs the Secretary to instruct the U.S. executive directors of the World Bank and the Association to urge such institutions to: (1) promote environmental sustainability as a guiding principle in agricultural development projects; (2) emphasize food-based policies in agriculture by increasing funding for research focusing on improving foods which comprise a substantial portion of the diet of poor people; and (3) ensure that such projects target and integrate women. Amends the Bretton Woods Agreements Act to direct the Secretary of the Treasury to instruct the U.S. executive director of the IMF to urge the IMF to ensure that IMF programs are designed to avoid any deterioration in the provision of social services for basic human needs and to maintain sustainable use of the environment. Part H: Debt Relief - Amends the Foreign Assistance Act of 1961 to authorize the President to make certain debt relief authorities concerning relatively least developed countries with respect to which an IMF standby agreement or a World Bank or Association structural adjustment program or similar IMF program is in effect applicable to least developed countries pursuing specified national economic policy reforms, even if such an arrangement is not in effect. Part I: Private and Voluntary Organizations - Increases the amount of funding for private and voluntary organizations under the Foreign Assistance Act of 1961.
United States · United States Congress · 8 May 1991
Expresses the gratitude of the Congress to this Nation's Federal civilian employees for their contributions to Operation Desert Shield and Operation Desert Storm. Commends and congratulates them on a job superbly done.
![Official portrait of Rep. Olver, John W. [D-MA-1]](https://www.congress.gov/img/member/o000085_200.jpg)