United States · United States Congress · 23 July 1991
Family Dairy Farm Protection Act of 1991 - Expresses the sense of the Congress that the amendments made by this Act shall be used to ensure the production of wholesome milk and dairy products at levels adequate to meet U.S. consumer needs. Amends the Agricultural Act of 1949 to increase the basic milk price support level to $12.60 per hundredweight. Establishes a two-tier milk price support program if estimated Commodity Credit Corporation (CCC) purchases exceed a specified amount. Bases support price adjustments on estimated purchases. Establishes a National Dairy Inventory Management Board whose duties shall include: (1) establishing support price adjustments; (2) estimating CCC milk purchases; and (3) carrying out a domestic dairy inventory management program. Sets forth minimum milk solid contents for whole, lowfat, and skim milk. Amends the Federal Meat Inspection Act to exclude from the definition of "meat food product" fresh pizza containing meat. Amends the Food Security Act of 1985 to authorize a heifer export program as part of the dairy export incentive program.
United States · United States Congress · 22 July 1991
Amends the Internal Revenue Code to allow farmers' cooperatives to elect to treat as ordinary income or loss certain capital gains and losses from the disposition of assets used in conducting business with or for patrons.
United States · United States Congress · 16 July 1991
Expresses the sense of the Congress that: (1) the United Nations donor nations, including the United States, should fulfill their pledges made to the United Nations in response to its appeal for emergency humanitarian assistance to Iraq; and (2) the United States and other countries should immediately transfer a portion of Iraq's frozen state assets necessary to help meet the medical and humanitarian needs of Iraqi families and children in greatest need exclusively to the United Nations system, the International Committee of the Red Cross, and other internationally recognized relief organizations.
United States · United States Congress · 15 July 1991
Protection and Advocacy for Mentally Ill Individuals Amendments Act of 1991 - Amends the Protection and Advocacy for Mentally Ill Individuals Act of 1986 to allow a State system for the protection and advocacy of the rights of persons with developmental disabilities to use its allotment under specified provisions to provide representation to individuals with mental illness in Federal facilities. Defines "facilities" to include hospitals, nursing homes, community facilities for individuals with mental illness, board and care homes, homeless shelters, and jails and prisons. Modifies requirements concerning: (1) the rights of representatives of such individuals; (2) the circumstances in which the system is accorded access to all the records of certain individuals; (3) the composition and chair of the system's advisory council; (4) availability of the system's grievance procedure to individuals who have received mental health services, family members, and representatives; (5) the composition of the system's governing authority; and (6) the training of system staff. Authorizes appropriations.
United States · United States Congress · 11 July 1991
Benjamin Franklin Memorial Fire Service Bill of Rights Act - Title I: Minting of Benjamin Franklin National Memorial Commemorative Coin - Benjamin Franklin National Memorial Commemorative Coin Act - Directs the Secretary of the Treasury to issue: (1) five dollar gold coins emblematic of Benjamin Franklin's contributions to the advancement of science; (2) one dollar silver coins emblematic of Benjamin Franklin's contributions to the American Fire Service. Sets forth sale and issuance guidelines, including a general waiver of procurement regulations and surcharge distributions. Title II: Fire Service Bill of Rights - Fire Service Bill of Rights Act - Amends the Federal Fire Prevention and Control Act of 1974 to set forth a fire service bill of rights, including the right of responding fire services to: (1) know the kind of danger presented by hazardous materials they face in emergency responses; and (2) be fully informed of infectious diseases their members face during the course of life safety activities. Declares that the bill of rights does not create any private right of action.
United States · United States Congress · 28 June 1991
Limited Partnership Rollup Reform Act of 1991 - Amends the Securities and Exchange Act of 1934 to revise proxy solicitation rules with respect to partnership rollup transactions (in which general partners combine several limited partnerships into one unit that trades on a stock exchange). Requires any proxy rules prescribed by the Securities Exchange Commission (SEC) to: (1) permit dissenting shareholders in a proposed rollup to contact other limited partners before the transaction date without first having to file a written proxy statement with the SEC; (2) prohibit any general partner from paying directly or indirectly any person providing solicitation services (a broker-dealer) on the basis of whether the solicitations either approve or disapprove the proposed transaction, or the compensation is contingent on the transaction's approval or completion; (3) require the issuer to provide to a shareholder (limited partner) a list of all limited and general partners involved in the proposed rollup; (4) require the rollup prospectus to be clear, concise, and understandable and summarize all effects of the proposed transaction, conflicts of interest, changes in voting rights and ownership interests, dissenters' rights, and other pertinent information; (5) provide that the soliciting material describe in reasonable detail any opinion, appraisal, or report that is prepared by a person, unaffiliated with the general partner or sponsor and received by the entity subject to the transaction or its affiliates and that is related to the proposed transition; (6) require that each prospectus be accompanied by an independent opinion on the rollup's fairness; and (7) give each shareholder at least 60 days to review the prospectus; and (8) contain such other provisions as the SEC determines necessary. Requires the rules of a national securities association to prevent association members from participating in any rollup transaction unless it protects the rights of dissenting limited partners, including: (1) the right to an appraisal and compensation, or to retain a security under the same terms as the original issue; (2) the right not to have dissenters' voting power unfairly reduced or abridged; (3) the right not to bear the costs of a rejected rollup; and (4) restrictions on the conversion of management profit-sharing interests and incentive fees into asset-based management fees. Requires a national securities exchange to prohibit the listing of any security resulting from a rollup transaction unless it provided for such dissenters' rights. Requires SEC rules to prohibit any national market system from trading any security resulting from a rollup transaction unless it provided for such dissenters' rights.
United States · United States Congress · 27 June 1991
United States Law and Business Training Program for Soviet Graduate Students Act - Directs the President, acting through the U.S. Information Agency, to provide scholarships for study at U.S. institutions of higher education, coupled with private and public internships, by nationals of the Soviet Union who have completed their undergraduate education and could not otherwise study in the United States. Provides that such scholarships shall be in the form of loans, with repayment to be forgiven: (1) entirely, upon the student's prompt return to the Soviet Union for a period at least one year longer than that of U.S. study; or (2) by one-half, if the student is granted asylum in or is admitted as a refugee to the United States. Sets forth scholarship program guidelines. Limits scholarship opportunities to fields that are critical to economic and political reforms in the Soviet Union, particularly business administration, economics, law, or public administration. Authorizes appropriations to the U.S. Information Agency for FY 1992 and 1993 to carry out this Act. Provides that any authority provided by this Act shall be effective only to the extent or in such amounts as are provided in advance in appropriations Acts.
United States · United States Congress · 27 June 1991
Designates September 20, 1991, as National POW/MIA Recognition Day. Authorizes the POW/MIA flag to be flown on a flagstaff of the White House, the Departments of State, Defense, and Veterans Affairs, the Selective Service Commission, each national cemetery, and the National Vietnam Veterans Memorial on such day. Provides that the flag may be flown on a flagstaff of each national cemetery and the National Vietnam Veterans Memorial on May 30, 1991 (Memorial Day), and on September 2, 1991 (Labor Day). States that it is the sense of the Congress that the POW/MIA flag be displayed under this Act as an expression and symbol of the concern and commitment of the people and the U.S. Government to resolving the uncertainty relating to members of the U.S. armed forces who are missing in action or whose locations are unknown as result of United States foreign wars (including those members who may still be prisoners of war).
United States · United States Congress · 25 June 1991
Employee Benefits Simplification and Expansion Act of 1991 - Title I: Nondiscrimination Provisions - Amends the Internal Revenue Code with respect to employee benefit plans. Redefines the term "highly compensated employee" for pension, profit sharing, and stock bonus plans, etc., purposes. Makes such employee one who is a five-percent owner or who has compensation from the employer in excess of $50,000. Provides a special rule where no employees are treated as highly compensated. Provides that the cost of living adjustment with respect to any calendar year is based on the increase in the applicable index as of the close of the calendar quarter ending September 30 of the preceding calendar year. Requires the rounding of such amounts to the nearest $1,000, except that elective deferrals and elective contributions to simplified employee pensions are to be rounded to the nearest $100. Allows an employer to determine an employee's compensation solely by reference to such employee's base pay. Provides that the minimum participation rule applies only to defined benefit pension plans. Requires such plans to benefit not less than 25 employees, or the greater of 40 percent of all employees or two employees (or if there is only one employee, such employee). Sets forth alternative methods of meeting nondiscrimination requirements for cash or deferred arrangements, including specified contribution and notice requirements. Sets forth alternative methods of satisfying the nondiscrimination test for matching contributions. Revises the method for distributing excess contributions to highly compensated employees. Title II: Distributions - Allows distributions from qualified pension plans to be rolled over tax-free to an individual retirement account or another qualified plan or annuity. Eliminates five-year forward averaging for lump-sum distributions from qualified plans. Requires certain tax-free distributions to be made in the form of a direct trustee-to-trustee transfer to an eligible individual retirement plan. Sets forth administrative requirements in making such distributions. Requires distributions to be made from qualified plans by April 1 of the calendar year following the later of: (1) the calendar year in which the employee attains age 70; or (2) the calendar year in which the employee retires. (Present law requires such distributions no later than April 1 of the calendar year following the calendar year in which the employee attains age 70 1/2.) Title III: Miscellaneous Provisions - Revises the definition of a leased employee to include one whose services are performed under the control of a service recipient, instead of one whose services are historically performed by employees. Replaces the 59 1/2- and 70 1/2-year age requirement with 59- and 70-year age requirements for specified pension plans. Eliminates the special aggregation rules that apply to plans maintained by owner-employees that do not apply to other qualified plans. Makes the 150 percent current liability limitation on the deduction allowed for employer contributions to qualified pension plans inapplicable to multi-employer plans. Repeals the present law annual valuation requirement for such plans and applies the prior law requirement that valuations be performed at least every three years. Sets forth affiliation requirements for employers jointly maintaining a voluntary employees' beneficiary association. Provides that compensation, in the case of a governmental plan, includes any amount which is contributed by the employer pursuant to a salary reduction agreement and which is not includible in the gross income of an employee under cafeteria plans, cash or deferred arrangements, tax-exempt organization or public school annuities, State or local government plans, or deferred compensation plans of State and local governments and tax-exempt organizations. Makes the following limitations inapplicable to plans maintained by State and local governments and certain tax-exempt organizations: (1) excess benefit limitations; (2) compensation limitation on benefits; and (3) limitations on disability and survivor benefits. Allows government plan employers to revoke the grandfather election on the limitation to equal accrued benefits. Modifies provisions relating to simplified employee pensions. Increases the number of allowable participants for salary reduction arrangements from 25 to 100. Allows participation after one year of service (currently, three years of service is required). Repeals the requirement that at least 50 percent of eligible employees participate in a salary reduction arrangement. Eliminates certain requirements regarding contributions on behalf of disabled employees. Allows rural cooperative plans which include cash or deferred arrangements to make distributions to participants after attainment of age 59. Includes reports of pension and annuity payments in information returns and payee statements. Eliminates reports of designated distributions from the scope of the $25 per day penalty. Provides a $10 reporting threshold for designated distributions. Makes tax-exempt organizations eligible for cash or deferred arrangement pension plans.
United States · United States Congress · 25 June 1991
Amateur Radio Spectrum Protection Act of 1991 - Amends the Communications Act of 1934 to prohibit the Federal Communications Commission (FCC) from diminishing existing allocations of spectrum (available radio frequencies) to the amateur radio service after January 1, 1991. Requires the FCC to provide replacement spectrum to the service for any frequency reallocation after such date.
United States · United States Congress · 19 June 1991
Prohibits the proposed sale to the United Arab Emirates of AH-64 APACHE attack helicopters and related defense articles and services, and design and construction services described in the certification submitted to the Congress pursuant to the Arms Export Control Act on June 11, 1991.
United States · United States Congress · 18 June 1991
National Beverage Container Reuse and Recycling Act - Amends the Solid Waste Disposal Act to set forth the Beverage Container Reuse and Recycling Act. Requires the Administrator of the Environmental Protection Agency to prescribe regulations to: (1) establish who is a retailer with respect to the sale of beverages in containers to consumers through beverage vending machines; and (2) set forth conditions under which a beverage container must be submitted in order to be redeemed and provide for the establishment of a refund mechanism. Directs the Administrator to establish a program to prohibit distributors or retailers from offering beverage containers for sale in interstate commerce unless they are labeled with the refund value. Provides that such program shall require: (1) a retail or redemption center to pay consumers the amount of the refund value on a refundable beverage container tendered to the retailer or redemption center; (2) the appropriate State agency or other entity designated by the Administrator to pay a retailer, redemption center, or consumer tendering a refundable beverage container to a recycling entity the amount of the refund value on such container; (3) no beverage to be offered for sale in interstate commerce at wholesale unless the distributor charges, and the retailer pays, a minimum of ten cents on each beverage container; (4) no beverage to be offered for sale in interstate commerce for retail unless the retailer charges, and the consumer pays, a minimum of ten cents on each beverage container; (5) the distributor to deposit all moneys collected pursuant to such program; and (6) unclaimed deposits to be made available for purposes of paying a handling fee of up to two cents for each container or to promote comprehensive recycling. Prescribes penalties for violations of such program. Exempts from this Act's requirements any State that: (1) for a period of 18 consecutive months following this Act's enactment date, achieves a recycling or reuse rate of beverage containers equal to 70 percent of the containers sold at retail in such State during the preceding 18-month period; and (2) has a beverage container recycling or reuse program that is equally as stringent as the program under this Act and that complies with requirements for State programs. Sets forth minimum requirements for State programs.
United States · United States Congress · 11 June 1991
Requires Federal agencies to make available to the public information relating to the location, treatment, or condition of any U.S. personnel currently classified as prisoners of war or missing in action. Requires the Secretary of Defense to also make available to the public a complete list of U.S. personnel classified as prisoners of war, missing in action, or killed in action (body not returned) after 1940, including: (1) the current classification of each person; and (2) each change in the listed person's classification that has occurred since the original classification. Provides exceptions to such disclosure requirements, including where disclosure would compromise the safety of personnel known or thought to be held as prisoners of war. Requires the agency head, in such an instance, to notify the President and the congressional intelligence committees of such a determination.
United States · United States Congress · 6 June 1991
Racial Justice Act of 1991 - Amends the Federal judicial code to make it unlawful to impose or execute sentences of death under color of State or Federal law in a racially discriminatory pattern. Prohibits a person from being put to death in the execution of a sentence imposed pursuant to any law if that person's death sentence furthers a racially discriminatory pattern. Provides that ordinary methods of statistical proof shall suffice to establish a racially discriminatory pattern. States that it shall not be necessary to show discriminatory motive, intent, or purpose on the part of any individual or institution. Establishes the requirements for a prima facie showing that a racially discriminatory pattern exists. States that a State or Federal entity may rebut a prima facie showing by establishing by clear and convincing evidence that identifiable nonracial factors explain the racial disparities constituting the pattern. Requires any State or Federal entity that provides for the imposition of the death penalty to collect and maintain pertinent data on the charging, disposition, and sentencing patterns for all cases of death-eligible crimes. Provides for the appointment of counsel for all indigent clients (and the furnishing of investigative and other services) for habeas corpus actions arising under this Act. Provides that no State court determination on the merits of a factual issue pertinent to a claim under this Act shall be presumed to be correct unless: (1) the State has collected and maintained the necessary death penalty data; and (2) the determination was made in a court proceeding where the defendant was afforded his rights required under this Act. States that nothing contained in this Act shall be construed to affect the lawfulness of any sentence of death that does not violate this Act. States that the failure to raise such a claim before the enactment of this Act shall not bar future claims.
United States · United States Congress · 6 June 1991
Medicare Preventive Benefits Act of 1991 - Amends part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act to provide for coverage of fecal-occult blood tests (FOBTs) and screening flexible sigmoidoscopies for the early detection of colorectal cancer. Covers FOBTs on an annual basis for individuals aged 50 or over. Covers screening sigmoidoscopies provided every five years for individuals aged 50 or over. Provides payment for FOBTs under the laboratory fee schedule, subject to a five dollar limit in 1992. Provides payment for screening sigmoidoscopies under the relative value scale in 1992. Permits the Secretary to modify the frequency criteria after 1994. Provides for Medicare coverage of annual influenza vaccinations and for tetanus-diptheria vaccinations administered every ten years. Provides for Medicare coverage up to age seven according to a frequency schedule to be established by the Secretary of Health and Human Services (HHS) in consultation with appropriate entities. Provides for Medicare coverage of annual screening mammography for the early detection of breast cancer for women over age 64. (Currently, such women are covered for such screening performed every other year.) Requires HHS demonstration projects for the coverage of additional specified preventive care services and reports to specified congressional committees on such projects. Authorizes appropriations. Authorizes an Office of Technology Assessment study and report to the Congress on the development of a process evaluating possible Medicare coverage of other preventive care services.
United States · United States Congress · 5 June 1991
Small Town Environmental Planning Act of 1991 - Requires the Administrator of the Environmental Protection Agency to establish a small community environmental compliance planning program for facilities that are owned or operated by, or under contract with, a small community, or with respect to which an environmental compliance activity is dependent. Provides for voluntary participation in such program. Requires the Administrator to publish a list of requirements under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, the Emergency Planning and Community Right-to-Know Act of 1986, the Resource Conservation and Recovery Act of 1976, the Federal Water Pollution Control Act, the Safe Drinking Water Act, the Clean Air Act, and the Toxic Substances Control Act to be addressed in small community environmental compliance plans. Provides for the annual review of such list. Directs the Administrator to: (1) publish guidelines for small communities or States responsible for the development of such plans; and (2) promulgate regulations setting forth the requirements for submission of such plans. Sets forth plan format requirements. Requires regulations, at a minimum, to: (1) identify areas of environmental regulation where there are significant problems in achieving compliance or noncompliance with implementation schedules under such Acts; and (2) estimate the amount of user fees necessary for the financing of environmental compliance activities at treatment or disposal facilities owned, operated, or under contract with small communities and assess the ability of residents to pay such fees. Directs small communities participating in the program to prepare plans. Authorizes State agencies to prepare plans for small communities without sufficient resources to do so. Sets forth provisions concerning plan approvals and modifications. Requires the Administrator to provide for a mechanism under which a small community may apply for a waiver with respect to regulations issued under the Acts identified by this Act. Permits the Administrator to waive requirements where the small community demonstrates that compliance with regulations is not necessary to protect human health and the environment. Requires the Administrator, as part of the program, to: (1) notify small communities of the regulations through methods providing information to the greatest number of small communities; and (2) implement a technical assistance program to aid small communities in the preparation of plans. Provides for waivers to plan requirements, as necessary, and for the assessment of administrative penalties against facilities failing to meet requirements.
United States · United States Congress · 4 June 1991
Communications Competitiveness and Infrastructure Modernization Act of 1991 - Title I: Communications Infrastructure Modernization Policy Findings - Sets forth congressional findings. Amends the Communications Act of 1934 (the Act) to establish a new national goal that by 2015 the United States has established an advanced, interactive, interoperable, broadband communications system nationwide. Requires local telephone companies to submit for approval or disapproval a plan prepared in accordance with Federal Communications Commission (FCC) rules and regulations issued under this Act to achieve such goal to the appropriate State agency in each State in which they operate. Requires disapproval only when the plan is not in the public interest. Requires such plan to give priority consideration to accelerated deployment of such a system for educational institutions, health care facilities, and small businesses. Requires such plan to provide for deployment to less densely populated and economically disadvantaged areas at a rate reasonably related to the rate of deployment in more populous and affluent areas. Requires the FCC, after final State action, to review the plan to certify compliance with the goals and objectives of this Act. Requires FCC procedures for local telephone companies to ensure coordinated communications network planning in the development of a nationwide communications infrastructure and to assure broad availability of information services. Title II: Regulatory Changes to Promote Efficient Multiple Uses of Communications Technologies - Sets forth congressional findings. Amends the Act to establish a policy to permit multiple uses of communications technologies and to eliminate restrictions on communications technologies to single lines of services in order to promote communications technology deployment in such a way as to secure communication services for the public at reasonable costs. Title III: Modification of Impediments to Convergence of Telephone and Video Technologies - Sets forth congressional findings. Amends the Act to modify ownership restrictions to permit local telephone companies to provide video programming subject to specified regulatory safeguards to prevent anti-competitive activities only after the FCC makes the certification described under title I and certifies that the company has filed a plan pledging it to comply with such safeguards. Outlines safeguards against telephone company monopolization of the cable service industry, including those: (1) requiring separate video programming subsidiaries for telephone companies; (2) allowing competitors attachment rights to telephone poles and conduits and rights-of-way within telephone company service areas; (3) prohibiting cross-subsidization between local telephone companies and affiliated video programming subsidiaries and marketing by a local telephone company of its subsidiary's video programming; and (4) subjecting local telephone companies to local cable franchise requirements. Requires local telephone companies which distribute affiliated video programming over a broadband communications system to provide video gateway services to facilitate user access to video programming. Exempts from the safeguards outlined above a carrier which provides video programming in rural areas with a population of 10,000 or below in which it also provides local exchange service. Requires periodic FCC evaluation of the effect of the provision of video programming by telephone companies on the video market place and recommendations to the Congress concerning any modifications needed as a result of such evaluation. Requires FCC and State rules and regulations to prevent consumers from paying more for telephone services as a result of their local telephone company's provision of video programming. Revises multiple cable franchise provisions. Requires an FCC report to the Congress regarding competition and consumer choice in the delivery of video programming and telephone services. Requires an FCC review of the rural exemption described above to determine how to expedite access to broadband multichannel video programming for all parts of the United States. Sets forth penalties for violations of the safeguards outlined above.
United States · United States Congress · 4 June 1991
Civil Rights and Remedies Act of 1991 - Amends Federal law to allow compensatory damages and equitable civil penalty for intentional employment discrimination on the basis of religion, sex, national origin, or disability. Limits nonpecuniary compensatory damages and the civil penalty to specified dollar amounts, with higher limits for employers with over 100 employees. Prohibits prejudgment interest on compensatory damages. Allows the equitable penalty when there is malice or reckless indifference to the federally protected rights of an aggrieved individual. Requires, if such a penalty is imposed, awarding attorney's and expert witness fees. Prohibits subtracting those fees from the penalty. Allows a court to direct that the penalty be expended, in whole or in part, to correct discriminatory practices at the place of employment or in the community in which the discriminatory practice occurred, using the funds for actions such as public awareness or education programs. Requires that any amounts of the equitable penalty not directed to be used for such corrective actions be deposited in the Equal Employment Enforcement Trust Fund established by this Act. Allows any party, if compensatory damages are sought, to demand a jury trial. Amends the Internal Revenue Code to establish in the Treasury the Equal Employment Enforcement Trust Fund consisting of amounts equivalent to the equitable civil penalties under this Act not used to take corrective actions where the discriminatory practice occurred. Requires that, as provided in appropriations Acts: (1) half of the amounts in the Fund be available for carrying out enforcement provisions of the Civil Rights Act of 1964; and (2) half be available for carrying out specified provisions of the Family Violence Prevention and Services Act. Declares that: (1) the rights and protections under the amendment made by this Act shall apply with respect to any employee in an employment position in the Senate and any employing authority of the Senate, with enforcement and adjudication within the exclusive jurisdiction of the Senate; and (2) provisions of this Act setting forth related requirements and procedures are enacted by the Senate as an exercise of the rulemaking power of the Senate and may be changed as any other rule of the Senate. Declares that: (1) the rights and protections under the amendment made by this Act shall apply with respect to any employee in an employment position in the House of Representatives and any employing authority of the House, with remedies and procedures as described in a specified House Resolution; and (2) the provisions of this Act relating to such Resolution are enacted by the House as an exercise of the rulemaking power of the House and may be changed as any other rule of the House. Declares that the rights and protections under the amendment made by this Act shall apply with respect to any employee in an employment position in an instrumentality of the Congress and any chief official of the instrumentality, with the chief official establishing the remedies and procedures to be used. Defines instrumentalities of the Congress to include the Architect of the Capitol, the Congressional Budget Office, the General Accounting Office, the Government Printing Office, the Office of Technology Assessment, and the United States Botanic Garden.
United States · United States Congress · 4 June 1991
Equal Employment Opportunity Act of 1991 - Amends the Civil Rights Act of 1964 to provide for the burdens of proof which must be met by the various parties when an allegation of an unlawful employment practice is based on an assertion that a particular employment practice or group of employment practices results in disparate impact. Declares that the mere existence of a statistical imbalance is not alone sufficient to establish a prima facie case of employment discrimination. Prohibits construing these provisions to overrule any existing case concerning whether recovery is available under title VII (Equal Employment Opportunities) of the Act under a comparable worth theory. Declares it an unlawful employment practice for a respondent, in connection with employment or promotion selection or referral, to adjust the scores of, use different cutoff scores for, or otherwise alter the results of, employment-related tests on the basis of race, color, religion, sex, or national origin, except to comply with a court order aimed at remedying past discrimination. Defines "required by business necessity" to mean that the challenged practice must: (1) in the case of practices involving selection, bear a manifest relationship to requirements for effective job performance; and (2) in the case of other practices, bear a manifest relationship to a legitimate business objective of the employer. Declares that it is the intent of the Congress, in specified provisions of this Act, to codify the meaning of business necessity used in Griggs v.Duke Power Co. and overrule Wards Cove Packing Co. v. Antonio . Declares that: (1) the rights and protections under the amendments made by this Act shall apply with respect to any employee in an employment position in the Senate and any employing authority of the Senate, with enforcement and adjudication within the exclusive jurisdiction of the Senate; and (2) provisions of this Act setting forth related requirements and procedures are enacted by the Senate as an exercise of the rulemaking power of the Senate and may be changed as any other rule of the Senate. Declares that: (1) the rights and protections under such title VII and the amendments made by this Act shall apply with respect to any employee in an employment position in the House of Representatives and any employing authority of the House, with remedies and procedures as described in a specified House Resolution; and (2) the provisions of this Act relating to such Resolution are enacted by the House as an exercise of the rulemaking power of the House and may be changed as any other rule of the House. Declares that the rights and protections under title VII and the amendments made by this Act shall apply with respect to any employee in an employment position in an instrumentality of the Congress and any chief official of the instrumentality, with the chief official establishing the remedies and procedures to be used. Defines instrumentalities of the Congress to include the Congressional Budget Office, the General Accounting Office, and the Office of Technology Assessment. Declares that: (1) nothing in this Act or the amendments made by this Act shall be construed to limit an employer in establishing job requirements that are otherwise lawful under title VII; (2) nothing in title VII or this Act shall be construed to require or encourage an employer to adopt hiring or promotion quotas or to prevent an employer from hiring the most effective individual for the job; and (3) nothing in the amendments made by this Act shall be construed to affect court-ordered remedies, voluntary employer actions for work force diversity, or affirmative action or conciliation agreements, that are otherwise in accordance with the law.
United States · United States Congress · 4 June 1991
Civil Rights Restoration Act of 1991 - Amends Federal law to declare that: (1) for purposes of provisions relating to equal rights under the law, the right to make and enforce contracts includes the making, performance, modification, and termination of contracts, and the enjoyment of all benefits, privileges, terms, and conditions of the contracts; and (2) the rights protected by the amended provisions are protected against impairment by nongovernmental discrimination and impairment under color of State law. Amends title VII (Equal Employment Opportunities) of the Civil Rights Act of 1964 to declare that an unlawful employment practice is established when it is shown that a discriminatory basis was a motivating factor, even though other factors also motivated the practice. Allows, when such mixed motives have been proven and the respondent shows it would have taken the same action in the absence of any discrimination, declaratory relief, limited types of injunctive relief, and attorney's fees and costs. Prohibits, in such cases, awarding damages or issuing certain types of orders. Provides for the finality of litigated or consent judgments or orders resolving an employment discrimination claim, barring actions: (1) challenging an order entered before enactment of this Act, by persons who had certain types of notice and opportunity; and (2) challenging an order entered after enactment of this Act, by an employee, former employee, or applicant who had certain types of notice and opportunity, and by other persons whose interests were adequately and completely represented by a similarly situated person. Declares that an unlawful employment practice occurs when: (1) a seniority system is adopted, an individual becomes subject to a system, or a person aggrieved is injured by the application of a system or a part of a system; and (2) the system is alleged to have been adopted for an intentionally discriminatory purpose, in violation of title VII, whether or not that discriminatory purpose is apparent on the face of the system. Allows expert fees to be included in attorney's fees awarded to the prevailing party in an employment discrimination case. Extends the time limit for an aggrieved employee or employment applicant to file a civil action after notice of final action by a department, agency, or unit of the Federal Government. Requires the same interest to compensate for delay in payment by the Government as in cases involving non-public parties. Amends the Age Discrimination in Employment Act of 1967 (ADEA) to replace provisions providing for tolling of the statute of limitations for actions under the ADEA with provisions requiring the Equal Employment Opportunity Commission (EEOC) to give certain notice if it dismisses a charge or otherwise terminates proceedings. Sets forth time limits for bringing a civil action. Declares that: (1) the rights and protections provided under specified provisions of Federal law (relating to equal rights under the law) and the amendments made by this Act apply with respect to any employee in an employment position in the Senate and any employing authority of the Senate, with enforcement and adjudication within the exclusive jurisdiction of the Senate; and (2) provisions of this Act setting forth related requirements and procedures are enacted by the Senate as an exercise of the rulemaking power of the Senate and may be changed as any other rule of the Senate. Declares that: (1) the rights and protections under title VII (Equal Employment Opportunities) of the Civil Rights Act of 1964, the ADEA, specified Federal law relating to equal rights under the law, and the amendments made by this Act shall apply with respect to any employee in an employment position in the House of Representatives and any employing authority of the House, with remedies and procedures as described in a specified House Resolution; and (2) the provisions of this Act relating to such Resolution are enacted as an exercise of the rulemaking power of the House and may be changed as any other rule of the House. Declares that the rights and protections under title VII, the ADEA, such Federal law, and the amendments made by this Act shall apply with respect to any employee in an employment position in an instrumentality of the Congress and any chief official of such an instrumentality, with the chief official establishing the remedies and procedures to be used. Makes such remedies and procedures exclusive. Defines instrumentalities of the Congress to include the Architect of the Capitol, the Congressional Budget Office, the General Accounting Office, the Government Printing Office, the Office of Technology Assessment, and the U.S. Botanic Garden. Encourages the use of alternative means of dispute resolution to resolve disputes arising under the Acts amended by this Act.
United States · United States Congress · 4 June 1991
Designates August 1, 1991, as Helsinki Human Rights Day. Authorizes and requests the President to: (1) reassert American commitment to the Helsinki Accords; (2) raise the issue of noncompliance with such Accords with any signatory nation which may be in violation; (3) convey to all signatories of such Accords that respect for human rights and fundamental freedoms is vital to progress in the ongoing Helsinki process; and (4) develop new proposals to advance the human rights objectives of the Helsinki process, including the self-determination of peoples.
United States · United States Congress · 3 June 1991
Family Planning Amendments of 1991 - Amends the Public Health Service Act to require family planning projects under existing provisions to offer adoption referral services. Removes provisions authorizing a reduction in grant amounts by the value of supplies or equipment furnished. Authorizes appropriations for the projects. Repeals provisions authorizing formula grants to States for family planning services. Replaces provisions authorizing grants and contracts for training personnel to carry out the family planning projects with provisions authorizing grants and contracts for technical assistance, clinical training for personnel, training for educators and counselors, and training of other personnel to carry out the family planning projects and information and education programs. Authorizes appropriations. Allows grants and contracts for research on contraceptive development to be used: (1) for contraceptive evaluation; and (2) to improve the clinical management and direct delivery of family planning services. Authorizes the Secretary of Health and Human Services to conduct, and make grants and contracts for the conduct of: (1) applied research into the development of new or improved contraceptive devices, drugs, and methods; and (2) evaluations of the acceptance, convenience, safety, efficacy, and cost of contraceptive devices, drugs, and methods. Authorizes appropriations. Replaces provisions authorizing grants and contracts for developing and making available family planning and population growth information to all persons desiring such information with provisions authorizing grants or contracts to establish community-based information and education programs to assist individuals in making responsible choices concerning human sexuality, pregnancy, and parenthood, and to enable individuals to prevent unintended pregnancies and sexually transmitted diseases. Directs the Secretary to: (1) conduct, or make grants and contracts for the conduct of, training and technical assistance activities to assist in carrying out the information and education programs; and (2) make grants and contracts for the development, evaluation, and dissemination of educational and informational materials. Authorizes appropriations. Directs the Secretary to annually collect data on: (1) the numbers of low- and moderate-income individuals and adolescents at risk of unintended pregnancies; (2) the sources of funding for family planning services; and (3) the number of individuals who receive family planning services from grantees and contractees under certain provisions amended by this Act and the types of services chosen by those individuals. Authorizes grants and contracts for the collection of the data. Requires the data to be: (1) made public; and (2) included in an annual report to the Congress, mandated by current law, on family planning and population research. Requires that all grantees under the title of the Public Health Service Act relating to population research and family planning provide education to patients concerning self breast examinations. Requires that projects receiving assistance under such title offer pregnant women information and counseling concerning all legal and medical options regarding their pregnancies. Requires that women requesting such information be provided with nondirective counseling, and referral on request, concerning alternative courses of action, including: (1) prenatal care and delivery; (2) infant care, foster care, or adoption services; and (3) pregnancy termination.
United States · United States Congress · 3 June 1991
Expresses the sense of the Congress that the American public should observe the 100th anniversary of filmmaking in 1993 and recognize the American Film Institute's leadership role in preserving the art of film.
United States · United States Congress · 23 May 1991
Geologic Mapping Act of 1991 - Directs the Secretary of the Interior to establish and maintain a comprehensive nationwide geologic mapping program, with the U.S. Geological Survey (USGS) as the lead Federal agency. Sets forth program objectives. Mandates: (1) participation by the USGS, the individual State Geological Surveys, and scientists from the academic community; and (2) appointment of a geologic mapping advisory group. Requires that the program include Federal, support, State, and education geologic mapping components. Sets forth objectives for each component, including the support component contributing to national paleontologic, geochronologic, geophysical-map, and geochemical-map data bases. Requires that the USGS prepare an implementation plan covering specified matters. Requires the USGS to establish a national geologic-map data base to be a national archive that includes all maps and data bases developed under this Act. Declares that geologic maps contributed to the National Archives should be standardized so that information can be assimilated, exchanged, and compared efficiently and accurately. Authorizes appropriations for each component.
United States · United States Congress · 23 May 1991
Directs the Administrator of the Environmental Protection Agency to promulgate regulations requiring applicants for permits under the Federal Water Pollution Control Act, the Clean Air Act, the Solid Waste Disposal Act, or the Safe Drinking Water Act to periodically evaluate the internal control systems of permit subjects and to set forth in permit applications or renewals: (1) a statement of the responsibilities of the permittee for compliance with environmental laws and for maintaining environmental compliance assurance systems; (2) a description of such systems; (3) an assessment of whether such systems assure compliance with environmental laws; and (4) uncorrected weaknesses identified in such systems. Requires permittees, upon receiving a citation for a violation of such Acts that was not reported pursuant to permit conditions, to provide an explanation of the reasons why the violation was not detected by the environmental compliance assurance system and a schedule of specified improvement measures. Requires the Administrator to ensure that such regulations do not: (1) create unreasonable economic burdens with respect to small communities and businesses; and (2) impede the development or implementation of a consistent compliance assurance program by a permittee. Prohibits the Administrator from requiring permittees to submit information with respect to environmental audits if it is not otherwise required to be submitted.
United States · United States Congress · 23 May 1991
AMERICA 2000 Excellence in Education Act - Title I: New American Schools - Authorizes financial assistance for creating New American Schools (NAS) in communities that have been designated AMERICA 2000 Communities (A2Cs). Provides that such NAS shall reflect the best thinking about teaching and learning, employ the highest-quality instructional materials and technologies, and be designed to meet the National Educational Goals as well as the particular needs of their students and communities. Directs the Secretary of Education (the Secretary) to reserve certain funds for a national program evaluation. Directs the Secretary to allocate the remaining funds among the States (and specified territories) in proportion to their respective numbers of members of Congress. Directs the Governor to nominate A2Cs to create NAS, for at least as many communities as there are members in the State's congressional delegation and at least one community in each congressional district of the State. Requires the Governor's nominations to be based on criteria established by the Secretary on the basis of expert panel advice, including: (1) the community's level of commitment and activity in the A2C initiative; (2) the community's schools' need for new and innovative educational programs; and (3) the quality of their application to the Governor. Sets forth conditions for the Secretary's approval, and for alternative nominations. Directs the Secretary to make NAS grants to selected agencies, organizations, and institutions on behalf of the selected communities. Limits any award to $1,000,000. Encourages grantees to adapt and implement one or more NAS designs developed by research and development teams funded by the NAS Development Corporation. Restricts use of such grant funds to certain special start-up costs associated with the creation and establishment of a NAS. Prohibits the use of such funds for construction or for the grantee's general administrative expenses. Requires each NAS to have obtained necessary State recognition or accreditation and to be fully operating by the start of the 1996-97 school year. Directs the Secretary, within 90 days, to convene an expert panel of educators, representatives of private business, and public representatives to advise on NAS program administration, including criteria for nomination of communities. Directs the Secretary to use reserved funds to conduct a national evaluation of NAS program impact on schools and communities and on education generally. Requires reports to the President and the Congress. Authorizes appropriations. Title II: Merit Schools - Authorizes appropriations for Merit School awards to reward public and private elementary and secondary schools and faculties that make documented progress in attaining the National Education Goals, particularly the goal of increasing students' mastery of the core academic subjects. Directs the Secretary to allocate specified funds among the States on the same basis as allocations for education of disadvantaged children under title I of the Elementary and Secondary Education Act of 1965 (the ESEA chapter 1 program). Requires Governors to submit State grant applications for a three-year period, which may be followed by an application for a two-year period. Makes specified provisions of the General Education Provisions Act (GEPA) inapplicable to this title. Specifies State use of funds for administrative costs (five percent) and Merit School awards (95 percent), with at least 20 percent of the latter earmarked for schools that demonstrate exceptional progress in improving students' performance in mathematics and science. Requires each Governor to: (1) establish a State review panel to assist in selection of Merit Schools; (2) submit annual program reports to the Secretary; and (3) apply specified national and State criteria in selecting schools. Requires each Merit School to use its award for activities to further its educational program, including staff bonus payments, college scholarships for secondary school students, special programs, equipment and materials, parental involvement, community outreach, and program replication. Prohibits State or local reduction of other assistance to the Merit School or its local educational agency. Title III: Teachers and School Leaders - Part A: Governor's Academies for Teachers - Directs the Secretary to make a one-time, five-year grant to each State to establish and operate Governor's Academies for Teachers and to recognize outstanding teachers. Requires a Governor to use the State's grant to make competitive awards to the State educational agency (SEA), local education agencies (LEAs), institutions of higher education, and other public and private organizations or consortia, to establish and operate such Academies. Allows such Academies to be operated in cooperation or consortium with those of other States. Requires each Academy to conduct a program of intensive instruction for current elementary and secondary school teachers, during the summer or the school year, focusing on the core academic disciplines of English, mathematics, science, history, and geography. Directs the Governor to allocate to each Academy funds for a program of cash awards and recognition to outstanding teachers in the core academic subject or subjects covered by the Academy program. Requires Academies to select such teachers from nominations received from various groups. Limits any such award to $5,000, but allows the recipient to choose how to use it. Authorizes appropriations. Part B: Governors' Academies for School Leaders - Directs the Secretary to make a one-time, five-year grant to each State to establish and operate a Governor's Academy for School Leaders. Requires the Governor to make competitive awards to the SEA, LEAs, institutions of higher education, and other public and private organizations or consortia, to establish and operate such an Academy. Allows such academies to be operated in cooperation or consortium with those of other States. Directs each Academy to carry out specified activities relating to school leadership training and development. Authorizes appropriations. Part C: Alternative Certification of Teachers and Principals - Authorizes appropriations to assist States to develop and implement alternative certification requirements to improve the supply of well-qualified elementary and secondary school teachers and principals. Makes certain GEPA provisions inapplicable to this part. Requires States to use such funds to support programs, projects, or activities that develop and implement new, or expand and improve existing, alternative teacher and principal certification requirements. Authorizes States to do so directly, through contracts, or through subgrants to LEAs, intermediate educational agencies, institutions of higher education, or consortia of such agencies. Title IV: Educational Reform and Flexibility - Part A: Educational Reform Through Flexibility and Accountability - Amends the General Education Provisions Act (GEPA) to establish a program for flexibility and accountability in education and related services. Directs the Secretary to assist projects for elementary and secondary schools and other service providers to improve achievement of all students and other participants, but particularly disadvantaged individuals, by authorizing waivers by which Governors, SEAs, LEAs, and other service providers can improve performance of schools and programs by increasing their flexibility in use of resources while holding them accountable for achieving educational gains. Authorizes the Secretary, in support of such projects, to waive, with specified exceptions, any statutory or regulatory requirement applicable to any program administered by the Department of Education that may impede a school or service provider from meeting the special needs of such students and other individuals. Authorizes other Federal agency heads, with the Secretary's agreement, to make similar waivers for their programs. Limits duration of projects and associated waivers to a maximum of three years; but authorizes the Secretary to extend a project and any associated waivers for an additional two years if it is making substantial progress in meeting its goals. Requires the Secretary to terminate a project and its associated waivers at any time if acceptable progress is not being made. Grants other Federal agency heads authority to determine extension or termination of their waivers. Grants the Secretary exclusive authority to extend or terminate a project. Requires each project that involves elementary or secondary schools to include participation of an SEA and at least one LEA and two schools. Requires, to the extent possible, project participation by each grade and academic program, including ESEA chapter 1 programs, in a participating school. Prohibits unreasonable concentration of available resources in participating schools, if fewer than all schools in an LEA participate. Requires each project that does not involve elementary or secondary schools to involve at least two programs, at least one of which is administered by the Secretary. Prohibits waiver of requirements: (1) in awarding new competitive grants to agencies participating in such projects; (2) relating to maintenance of effort, comparability, or equitable participation of private school students; and (3) under specified provisions of GEPA, the Civil Rights Act of 1964, the Rehabilitation Act of 1973, the Education Amendments of 1972, the Age Discrimination Act of 1975, and the Individuals with Disabilities Education Act. Sets forth requirements for reports and evaluations. Provides for the budget neutrality of such program. Part B: Amendments to Chapter 2 - Amends chapter 2 (Federal, State, and Local Partnership for Educational Improvement) of title I of the Elementary and Secondary Education Act of 1965 (ESEA chapter 2) to provide that part A funding for educational reform and improvement shall be divided equally between State and local programs (50 percent to each, while the current allocation formula requires at least 80 percent to go to local programs and not more than 20 percent to State programs). Reduces the portions of such State-level funds which: (1) may be used for State administration (from 25 to ten percent); and (2) must be used for the effective schools programs (from 20 to eight percent). Revises State application requirements to require approval by the Governor before submission to the Secretary. Includes educational choice programs among local targeted assistance programs of SEAs and LEAs. Includes, among authorized activities of such programs, any activities or expenses directly related to planning, implementing, operating, evaluating, and disseminating information about the LEA's educational choice program, including expenses of parents and children resulting from their program participation. Title V: Parental Choice of Schools - Part A: Findings - Sets forth congressional findings relating to parental choice in education. Part B: Parental Choice and Chapter 1 - Amends chapter 1 Financal Assistance to Meet Special Educational Needs of Children) of title I of the Elementary and Secondary Education Act of 1965 (ESEA chapter 1) to provide for chapter 1 services for children participating in educational choice programs. Requires the LEA to provide such services in the form of: (1) supplementary compensatory education services; or (2) if that is not feasible or efficient, payment to parents of a per-child share of the LEA's basic chapter 1 grant. Allows parents to use such funds only for: (1) purchase of supplementary compensatory education services that meet the child's special educational needs from any elementary or secondary school, or any other public or private agency, organization, or institution that the LEA designates; and/or (2) transportation costs related to the child's participation in the choice program. Excludes such payments from the gross income of parents for Federal income tax purposes. Allows an LEA to use chapter 1 funds for the additional transportation costs of children receiving chapter 1 services who are in an educational choice program. Requires that LEAs with educational choice programs explain to parents of chapter 1 participating children: (1) the availability of compensatory education services under various available options; and (2) options available under the educational choice program and the chapter 1 program. Part C: Assistance for Parental Choice Programs - Directs the Secretary to make one-year grants to LEAs that carry out educational choice programs. Authorizes appropriations. Makes an LEA eligible for such a grant if it: (1) will carry out an educational choice program during the year for which assistance is sought; and (2) carried out such a program during the preceding year. Defines an educational choice program, as one adopted by a State or an LEA under which: (1) parents select the school, including private schools, in which their children will be enrolled; and (2) sufficient financial support is provided to enable a significant number or percentage of parents to enroll their children in a variety of schools and educational programs, including private schools. Requires LEAs to use grant funds only for student educational services and parental involvement activities in addition to those that would otherwise be provided from State or local funds. Prohibits use of grant funds for LEA general administrative expenses. Part D: Parental Choice Programs of National Significance - Directs the Secretary to make five-year grants to SEAs, LEAs, and other agencies, institutions, and organizations to conduct and demonstrate nationally significant model programs of educational choice. Authorizes appropriations. Directs the Secretary, in any fiscal year for which funds are available to make new awards, to announce the approaches to educational choice that will be considered in the competition for such funding. Requires grant recipients to use such funds only for activities directly related to planning, implementing, operating and evaluating, and disseminating information about, the educational choice demonstration program. Allows such funds to be used to meet expenses of parents and children resulting from their participation in such program. Title VI: National Assessment of Educational Progress - Amends the General Education Provisions Act (GEPA) to extend through FY 1996 the authorization of appropriations for the National Center for Educational Statistics and its programs, including the National Assessment of Educational Progress (NAEP). Requires the NAEP to collect representative data on a national and State basis for those States that choose to participate. Repeals a requirement for data collection on a regional basis. Requires the NAEP to collect and report data: (1) at least once every four years in the core academic areas of reading, writing, mathematics, science, history, and geography; and (2) annually on students at specified ages and in specified grade levels. (Current law varies such deadlines for the different academic subjects and sets a biennial deadline for the age and grade levels.) Removes a confidentiality restriction on NAEP information with respect to individual schools. Removes a prohibition against use of NAEP test items and data to rank, compare, or otherwise evaluate individual students, schools, or school districts. Requires States which choose to enter NAEP agreements to conduct such Assessment at the school level for all schools in the State sample and coordinate within the State, subject to a minimum State contribution of $100,000. Directs the Secretary to pay the State a certain amount for the costs of conducting such Assessment in excess of the minimum State contribution. Title VII: National Commission on Time, Study, Learning, and Teaching - Establishes a National Education Commission on Time, Study, Learning, and Teaching (the Commission). Requires the Commission to examine the quality and adequacy of the study and learning time of U.S. elementary and secondary students in an era when World Class Standards of achievement need to be met, including issues regarding: (1) the length of the school day and year; (2) the extent and role of homework; (3) how time is currently being used for academic subjects (especially the five core subjects of English, mathematics, science, history, and geography); (4) year-round professional opportunities for teachers; and (5) the use of school facilities for extended learning programs. Directs the Commission, within one year after it concludes its first meeting, to subject a final report to the Congress and the President. Requires such report, in addition to the primary issues, to analyze and make recommendations about: (1) use of incentives for students to increase educational achievement in available instructional time; (2) how children spend time outside school; and (3) if appropriate, a model plan for adopting a longer academic day and year for U.S. elementary and secondary schools by the end of this decade, including mechanisms to assist in such transition. Terminates the Commission 90 days after it submits its final report. Authorizes appropriations. Title VIII: Regional Literacy Resource Centers - Amends the Adult Education Act to direct the Secretary to make grants or contracts for operation of regional literacy resource centers in appropriate regions. Makes eligible for such grants or contracts SEAs, LEAs, State literacy offices, volunteer-organizations, community-based organizations, institutions of higher education, or other nonprofit entities. Provides that the Federal share of activity costs shall decline over a five-year period from a maximum of 80 percent to 60 percent. Authorizes appropriations. Title IX: General Provisions - Sets forth definitions for this Act. Makes specified provisions of Federal law permitting consolidation of grants to the Insular Areas inapplicable to funds received by such an area under this Act.
United States · United States Congress · 22 May 1991
Omnibus Nuclear Proliferation Control Act of 1991 - Requires the President to impose sanctions upon any foreign or U.S. person who has knowingly and materially contributed, through the exports of goods or technology, to the efforts by any individual, group, or non-nuclear weapon state to acquire unsafeguarded special nuclear material or to use, develop, stockpile, or acquire any nuclear explosive device. Lists such sanctions as prohibitions on procuring goods or services, or importing products, from such persons. Imposes such sanctions on successor entities to such persons, as well as subsidiaries, parents, and affiliates if they knowingly participated in such activities. Urges the President to initiate consultations with foreign governments with jurisdiction over such foreign persons with respect to the imposition of sanctions. Requires the President to impose sanctions unless he certifies to the Congress that a government has taken actions to terminate the involvement of a person in such activities. Exempts from prohibitions on procurement the procurement of defense articles or services: (1) under existing contracts; (2) if the person to whom sanctions would be applied is a sole source supplier, the articles or services are essential, and alternative sources are not available; or (3) that are essential to national security under defense coproduction agreements. Applies such exemption to: (1) products or services provided under contracts entered into before the date the President publishes his intention to impose sanctions; (2) spare or component (not finished) parts essential to U.S. products or routine servicing and maintenance of products, if alternative sources are not available; (3) information and technology essential to U.S. products; and (4) medical or other humanitarian items. Applies sanctions for at least 12 months and terminates sanctions only if the President certifies to the Congress that a person has ceased to, and will not in the future, aid individuals or governments in efforts to acquire unsafeguarded special nuclear material or nuclear explosive devices. Permits the President to waive sanctions after the 12-month period if he certifies to the Congress that the continued imposition of sanctions would have a serious adverse effect on U.S. interests. Requires the Secretary of the Treasury to instruct the U.S. executive directors of specified international institutions to oppose any use of funds to promote the acquisition of unsafeguarded special nuclear material or the development, stockpiling, or use of nuclear explosive devices by non-nuclear weapon states. Amends the Export-Import Bank Act to prohibit Export-Import Bank assistance to any country that has aided or abetted a non-nuclear weapon state in acquiring a nuclear explosive device or unsafeguarded nuclear material. Amends the Arms Export Control Act to add to the list of eligibility requirements for the receipt of defense articles or services that a country or international organization is in full compliance with international treaty commitments with respect to the non-proliferation of nuclear explosive devices. Amends the Foreign Assistance Act of 1961 to prohibit assistance to any country that transfers any component or design information prepared for use in a nuclear explosive device to a non-nuclear weapon state. Repeals a provision that waived prohibitions on nuclear transfers with respect to Pakistan for purposes of allowing assistance to Pakistan. Amends the State Department Basic Authorities Act to include within the definition of "international terrorism," for purposes of making rewards, any act contributing to the acquisition of unsafeguarded nuclear material or nuclear explosive devices by an individual, group, or non-nuclear weapon state. Requires the President to report to the Congress on noncompliance by foreign governments with commitments to the United States concerning the prevention of the spread of nuclear explosive devices. Directs the Secretary of State to report to the Congress on the effectiveness of U.S. diplomatic demarches intended to halt the proliferation of nuclear explosive devices. Amends the Atomic Energy Act of 1954 to apply a specified consultation requirement with respect to nuclear exports to exports or transfers of more than 5 kilograms (currently, 20 kilograms) of specified enriched uranium.
United States · United States Congress · 22 May 1991
Urges the Government of Iran to extend to the Baha'i community the rights guaranteed by the Universal Declaration of Human Rights and other international agreements to which Iran is a party. Calls upon the President to continue to: (1) urge the Government of Iran to emancipate the Baha'i community by granting such rights; (2) emphasize that the United States regards the human rights practices of such Government, particularly its treatment of the Baha'is and other religious minorities, as a significant element in the development of U.S.-Iranian relations; and (3) cooperate with other governments and international organizations in efforts to protect the religious rights of the Baha'is and other minorities in Iran.
United States · United States Congress · 21 May 1991
Individuals with Disabilities Education Act Amendments of 1991 - Amends the Individuals with Disabilities Education Act (IDEA) to allow States to opt to include under the definition of "children with disabilities," for children aged three through five, those who need special education and related services because they are experiencing delays in one or more of the following areas of their development: physical, cognitive, communication, social or emotional, or adaptive. Requires State plans to set forth policies and procedures relating to the smooth transition for those participants in the part H early intervention program who will participate in preschool programs under part B of IDEA, including a method of ensuring development and implementation, by a child's third birthday, of an individualized education program or, if consistent with specified provisions, an individualized family service plan has been developed and is being implemented by a child's third birthday. Revises application requirements to allow the local or intermediate educational agency, if this is consistent with State policy and has the concurrence of parents or guardian, to establish, annually review, and revise an individualized family service plan (as an alternative to an individualized education plan) for each child with a disability, aged three through five. Revises provisions for preschool grants to increase to $1,500 (from $1,000) the maximum limit on a preschool grant to a State per child with a disability, aged three through five. Allows a State to opt to use a certain portion of its preschool grant to provide a free public education to two-year-old children with disabilities who will reach age three during the school year, whether or not they are receiving or have received services under the part H early intervention program (also allows the local or intermediate educational agency to use its preschool grant funds from the State for such purpose, if consistent with State policy). Provides that part H early intervention program provisions do not apply to any child with disabilities receiving a free public education with funds received under part B preschool grants provisions. Revises provisions for early education for children with disabilities, under part C of IDEA, to include program services and activities for: (1) individuals at risk of having substantial developmental delays if early intervention services are not provided; (2) outreach to low-income, minority, rural, and other underserved populations eligible for assistance under parts B and H of IDEA; and (3) supporting statewide projects in conjunction with a State's part H plan and part B application, to change from segregated to integrated environments the delivery of early intervention services to infants and toddlers with disabilities and of special education and related services to preschool children with disabilities. Increases the amounts authorized to be appropriated for FY 1992 through 1994 for part D provisions for training personnel for the education of individuals with disabilities. Revises definitions, under part H provisions for early intervention services for infants and toddlers with disabilities, to include references to the following developmental needs: communication, social or emotional, and adaptive. Includes among early intervention services: vision services, assistive technology devices and services, and transportation and related costs. Includes among qualified personnel: family therapists, orientation and mobility specialists, and pediatricians and other physicians. Requires that early intervention services, to the maximum extent appropriate, be provided in natural environments, including the home, and community settings in which children without disabilities participate. Authorizes differential funding for the fourth or fifth year of grant allotments to States under the part H early intervention program for handicapped infants and toddlers (from birth to age two), thus allowing certain States to continue their participation in such program under specified conditions. Allows States that have not met all or some of fourth or fifth year requirements to request extended participation for such years and, if such request is approved by the Secretary of Education, receive an allotment for such years in an amount set at a specified earlier, lesser rate. Provides for reallotment of the resultant excess funds to States that have met all the requirements for such years and that will consequently be receiving the full grant allotment for such years, as well as such additional funds from their portion of such reallotment. Revises requirements for a statewide system of services, under the part H early intervention program, to include reference to service coordination (rather than case management) services under the individualized family service plan. Requires the part H comprehensive system of personnel development to: (1) include training of paraprofessionals; and (2) be consistent with such system under part B. Revises the lead State agency responsibilities to: (1) include monitoring compliance of programs and activities used by the State to carry out part H, whether or not these are receiving part H assistance; and (2) provide for assignment of fiscal responsibility to the appropriate agencies, in accordance with provisions for State designation of an individual or entity to make such assignment. Revises part H provisions for individualized family service plans to require such plans to also include: (1) a multidisciplinary assessment of the unique strengths and needs of the infant or toddler and the identification of services appropriate to meet such needs; (2) a family directed assessment of family resources, priorities, and concerns and identification of supports and services necessary to enhance the family's capacity to meet their child's developmental needs; and (3) a statement of the natural environments in which early intervention services shall appropriately be provided. Allows the service coordinator to be one who is otherwise qualified to carry out all part H responsibilities. Requires the contents of such plan to be fully explained to the parents or guardian, and their informed written consent to be obtained prior to provision of any or all early intervention services. Revises part H requirements for the State application and assurances. Requires such application to also include: (1) a designation by the State of an individual or entity responsible for assigning financial responsibility among appropriate agencies; and (2) a description of the policies and procedures used to ensure a smooth transition for participants in part H early intervention programs who are eligible to participate in part B preschool programs, including how the families will be included in transitional plans and how the part H lead agency will notify the appropriate local or intermediate educational agency at least 90 days before such child is eligible for the part B preschool program in accordance with State law. Requires the State, beginning in FY 1992, to assure that policies and practices have been adopted to ensure meaningful involvement of traditionally underserved families, including minority, low-income, and rural families, in part H planning and implementation and access of such families to culturally competent services within their local areas. Allows a State to use part H early intervention program funds to provide a free appropriate public education, in accordance with part B preschool program provisions, to children with disabilities in the transitional period from their third birthdays to the beginning of the following school year. Revises part H statewide system procedural safeguards to also include the rights of parents or guardians to: (1) written notice of and written consent to the exchange of personally identifiable information among agencies, consistent with Federal and State laws; and (2) determine whether they, their infant or toddler, or other family members will accept or decline any early intervention service under part H in accordance with State law without jeopardizing other such early intervention services. Revises part H requirements relating to State Interagency Coordinating Council: (1) membership composition and numbers; (2) chairpersons; (3) functions (adding advice and assistance in toddlers' transition to preschool programs and in provision of appropriate services for children from birth through age five); and (4) expenditures (including child care for parent representatives). Extends through FY 1994 the payment of State allotments for part H early intervention program services. Provides that each State shall receive at least a specified minimum amount in such allotment. Extends through FY 1994 the authorization of appropriations for part H early intervention program services. Directs the Secretary of Education (the Secretary) to establish a Federal Interagency Coordinating Council, for early intervention services for infants and toddlers with disabilities and their families and preschool services for children with disabilities, to: (1) minimize duplication of programs and activities at Federal, State, and local agency levels; (2) coordinate Federal agency programs and policies and technical assistance and support to States; and (3) identify gaps in programs and services and barriers to Federal interagency cooperation and program operation. Directs the Secretary to: (1) undertake a study to identify alternative formulas allocating part H early intervention program funds, including specified analyses; and (2) transmit the study and a report on it to specified congressional committees by March 1, 1993. Amends both Federal law relating to impact aid and the Defense Dependents Education Act of 1978 to require that IDEA provisions for part H early intervention services and part B preschool public education apply, respectively, to infants and toddlers age birth through two with disabilities and children aged three through five with disabilities who are military dependents served under such law and such Act. Makes various technical amendments and changes in terminology in IDEA, and updates various Federal laws' references to IDEA.
United States · United States Congress · 21 May 1991
Condemns the murder of former Prime Minister Rajiv Gandhi and others in the bomb explosion on May 21, 1991. Expresses regret over the deaths of Gandhi and other victims of election violence in India. Offers condolences to Gandhi's widow and children and to the people of India. Stands in solidarity with the Indian people in their effort to sustain the most successful democratic tradition in the developing world.
United States · United States Congress · 21 May 1991
Expresses the sense of the Congress that Tibet is an occupied country under established principles of international law and that its true representatives are the Dalai Lama and the Tibetan Government in Exile.
United States · United States Congress · 17 May 1991
Amends the Agricultural Act of 1949 to direct the Secretary of Agriculture to purchase a sufficient number of dairy cows and heifers to make specified reductions in U.S. milk production without adversely affecting U.S. beef prices. Authorizes the Secretary to: (1) make domestic beef purchases as necessary; and (2) transfer such beef for use in specified overseas emergencies. Directs the Secretary to establish a compensation fund for beef producers who sold beef during the period of March 31, 1986, through April 11, 1986, when prices were temporarily lowered. Transfers unused funds to the Department of State for migration and refugee assistance. Terminates program authority on December 31, 1991. Increases milk price support levels. Directs the Secretary to conduct a study of dairy cow and heifer export programs.
United States · United States Congress · 16 May 1991
Tobacco Product Education and Health Protection Act of 1991 - Amends the Public Health Service Act to add a new title establishing a Center on Tobacco and Health within the Centers for Disease Control (CDC) to conduct and coordinate Federal education, research, and law enforcement with regard to tobacco products and to monitor and restrict the use of tobacco additives. Authorizes contracts and cooperative agreements to carry out the title. Authorizes appropriations. Directs the Secretary of Health and Human Services, through the CDC Director, to: (1) conduct certain educational and research activities; and (2) make grants and enter into contracts and cooperative agreements to conduct public information campaigns concerning the use of tobacco products, using any mode of conveying information the Secretary considers appropriate. Authorizes appropriations. Directs the Secretary, through the CDC Director, to designate between ten and 20 model States and make grants to them to assist in improving State leadership in activities that prevent initial tobacco use among minors, encourage cessation among youth and others, and enforce a prohibition of tobacco product sales to minors. Declares eligible for the grants those States which have and enforce laws prohibiting sales to minors, laws reducing use of or access to cigarette vending machines by minors, and prohibit (or seek to prohibit) the provision of free tobacco product samples. Mandates that the Secretary, through the Director and on request, provide certain types of assistance with regard to retail establishments, including printed materials, assistance in planning events to educate the establishments, assistance in developing systems to report establishments that consistently sell tobacco products to minors, and assistance in developing systems to notify such establishments. Authorizes appropriations for grants to model States. Directs the Secretary to make grants and enter into contracts and cooperative agreements for educational activities to reduce the incidence of tobacco use among workers with high prevalences of tobacco use. Authorizes appropriations. Directs the Secretary to carry out a program to inform the public of the health dangers presented by cigarette smoking including, with regard to the health effects of cigarette smoking and passive smoke: (1) conducting and supporting research; (2) coordinating all activities of the Department of Health and Human Services; (3) maintaining liaison with private and public agencies; (4) collecting, compiling, and disseminating information; and (5) establishing an outreach program to youth under the age of 18. Directs the Secretary to establish an Interagency Committee on Smoking and Health. Directs the Secretary to carry out a program to inform the public of health dangers from the use of smokeless tobacco, including educational programs, research, and dissemination of information. Authorizes the Secretary to provide technical assistance and make grants to States to assist in the development and distribution of educational programs and materials, and to assist States in enacting laws and regulations establishing 18 as the minimum age for purchasing smokeless tobacco. Prohibits certain acts, including: (1) acts relating to adulterated or misbranded tobacco products; (2) subject to exception, the using or revealing of any trade secret acquired under these provisions; (3) the false representation or suggestion that an approval of any tobacco product is in effect under certain provisions; and (4) failure to transmit certain product information to any individual on request. Directs the Secretary, in order to carry out the prohibitions, to establish within the Public Health Service, or designate an existing entity within the Service, as an Office of Regulatory Affairs. Provides, with respect to a State designated under this Act as a model State, for denial of delivery and a ban on shipping tobacco products to a retail establishment with a pattern or practice of selling tobacco products to minors. Authorizes U.S. district courts to enforce the prohibitions as described under specified provisions of the Federal Food, Drug, and Cosmetic Act. Allows an individual, or a class or organization on behalf of an individual, to bring a civil action for injunctive relief, monetary damages, and attorney's fees. Requires manufacturers, importers, or packagers of any tobacco product brand name to provide to the Secretary: (1) a complete list of the levels of tar, nicotine, and carbon monoxide for each brand and each tobacco additive used and the range of quantities of the additive used in all names manufactured, imported, or packaged by the person; and (2) on request of the Secretary, information regarding the health impact of the additives. Directs the Secretary to prescribe requirements for manufacturers to place information in packages of tobacco products regarding tar, nicotine, carbon monoxide, and additives. Allows spices, flavorings, fragrances, and colorings to be so designated without specifically naming each. Considers a tobacco product misbranded unless it is labeled as required in these provisions. Authorizes the Secretary, if an additive, by itself or in conjunction with any other additive, significantly increases the human health risk of the product, to require the levels of the additive to be reduced, or to prohibit its use. Makes it unlawful to manufacture, import, or package any tobacco product brand name unless the warning labels required by the Federal Cigarette Labeling and Advertising Act meet certain requirements. Considers a tobacco product adulterated if an additive level exceeds the limit set, or if other conditions are met. Authorizes the Office of Regulatory Affairs to conduct examinations and investigations under these provisions through officers and employees of the Department of Health and Human Services or through any health officer or employee of any State duly commissioned as an officer of the Department. Requires the Center, when a sample of a tobacco product is collected for analysis and on request, to provide a part of the official sample for examination or analysis by any person named on the label of the product, or the owner, or their agent. Considers any product that contains nicotine but is not a tobacco product to be a drug under specified provisions of the Federal Food, Drug, and Cosmetic Act. Prohibits interpreting anything in the title added by this Act, the Federal Cigarette Labeling and Advertising Act, or the Comprehensive Smoking Education Act of 1984 to relieve any person from liability under common law or State statutory law to any other person. Declares that nothing in the title added by this Act, the Cigarette Labeling Advertising Act, or the Comprehensive Smokeless Tobacco Health Education Act shall prevent a State or local government from enacting additional restrictions on the sale or distribution of tobacco products or on the placement or location of stationary outdoor or transit advertising of tobacco products. Directs the Secretary, through the CDC Director, to assist schools in the implementation of effective programs and policies to prevent tobacco use. Authorizes the Secretary to make grants or enter into contracts to assist in such implementation. Authorizes appropriations. Amends the Federal Cigarette Labeling and Advertising Act to: (1) change the contents of required label warnings; (2) remove certain requirements regarding warning presentation; and (3) remove provisions protecting the confidentiality of information submitted to the Secretary regarding the ingredients added to tobacco. Amends the Drug-Free Schools and Communities Act of 1986 to add tobacco use prevention, intervention, and education to the types of activities which may be carried out under State programs. Adds references to tobacco use to provisions specifying the uses of funds for local drug abuse education and prevention programs. Allows materials on drug abuse education and prevention to be disseminated under specified provisions of this Act. Adds references to tobacco to provisions relating to drug use and alcohol abuse education and prevention activities directed to students at all educational levels. Authorizes appropriations to enable the Secretary of Education to make incentive grants to State education agencies to establish smoke free schools, with the grant funds used to disseminate materials to school personnel and students, and to hold conferences and meetings, concerning the health hazards of tobacco uses by students. Repeals provisions of the Comprehensive Smoking Education Act relating to smoking research, education, and information. Repeals specified provisions of the Comprehensive Smokeless Tobacco Health Education Act of 1986. Mandates a study of pesticides in tobacco products and their effect on human health.
United States · United States Congress · 14 May 1991
Lakes Assessment and Protection Act of 1991 - Amends the Federal Water Pollution Control Act to require the Administrator of the Environmental Protection Agency to conduct a comprehensive research program concerning the nation's lakes. Directs the Administrator to appoint a Lake Research Advisory Committee. Requires States to designate the use of each publicly-owned lake consistent with the following uses: (1) public drinking water supply; (2) swimming and related body contact recreation; and (3) resource protection. Directs the Administrator to: (1) publish water quality criteria for specified pollutants in lakes; and (2) publish guidance to assist States in the adoption of lake water quality standards for contaminants for which criteria documents have been published. Requires States to establish for publicly-owned lakes numerical standards for water quality parameters to assure the attainment and maintenance of designated uses. Directs the Administrator to establish standards for States that fail to do so. Repeals specified requirements of the State clean lakes program. Authorizes States to apply for grant assistance from the Administrator to: (1) conduct projects to protect the quality of lakes; and (2) develop and implement plans to control pollution in a lake or group of lakes. Limits grant applications to statewide projects to: (1) improve public information and education concerning lake protection; (2) develop State or local requirements concerning lake protection; (3) develop lake assessment and monitoring information; and (4) develop lake protection plans. Limits the Federal share of such grants. Lists priorities for awarding grants. Makes States that fail to comply with clean lakes program requirements ineligible for grant assistance. Extends the authorization of appropriations for such grants through FY 1996. Reserves a specified percentage for lake water quality programs, lake pollution control plans, and lake water quality demonstration programs. Makes assistance from State water pollution control revolving funds available for lake protection programs. Revises requirements for lake water quality demonstration programs. Adds to the priority list for such programs China Lake and Sebago Lake, Maine. Requires the Administrator to issue regulations prohibiting the distribution for sale within the United States of detergents and related products containing phosphate. Directs the Administrator and the Secretary of Agriculture to work cooperatively to assure coordination of agriculture programs and lake protection programs. Requires priority consideration to be given to watersheds of impaired lakes in soil conservation programs of the Department of Agriculture. Makes watersheds of such lakes eligible for enrollment in a specified agricultural water quality protection program. Authorizes the Secretary to acquire easements for cropland located within watersheds of impaired lakes. Requires the Secretary to designate such watersheds as conservation priority areas. Amends the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 to require the Aquatic Nuisance Species Task Force to undertake a program to prevent the dissemination of Eurasion Milfoil (Myriophyllum Spicatum), a type of aquatic weed. Requires the Secretary of the Interior to declare Eurasion Milfoil to be an injurious species. Authorizes appropriations.
United States · United States Congress · 14 May 1991
Amends Federal highway provisions to allow longer combination vehicles (LCVs) to continue to operate only if the Secretary of Transportation determines that such vehicles were authorized by State statute or regulation conforming to Federal law and were in actual, continuing lawful operation on January 1, 1991, or pursuant to provisions of the Department of Transportation Related Agencies Appropriations Act of 1991. Specifies that: (1) all such operations shall continue to be subject to, at the minimum, all State statutes, regulations, limitations, and conditions, including routing specific designations and other operating restrictions (statutes and restrictions), in force on January 1, 1991; and (2) nothing in this Act shall prevent any State from further restricting or prohibiting the operation of LCVs otherwise authorized. Directs the Secretary, within 60 days, to publish in the Federal Register a complete list of such State statutes and restrictions, which shall become final 60 days after publication. Bars LCVs from operating except as provided in such list.
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