United States · United States Congress · 25 February 1992
Education Capital Fund Act of 1992 - Establishes the Education Capital Fund Board to enter into: (1) three-to-ten-year performance grant contracts (75 percent federally funded) with local educational agencies, consortia, or partnerships for programs of educational reform; and (2) three-to-ten-year contracts (50 percent federally funded) with up to five States for statewide reform initiatives. Directs the Board to: (1) establish an Advisory Board to assist in identifying components of successful schools, districts and reform initiatives, and to establish funding priorities; (2) cooperate with regional educational laboratories to establish a technical assistance referral network; (3) establish contract review and program evaluation procedures; and (4) report annually to the Congress. Amends the Internal Revenue Code to: (1) establish in the Treasury the Education Capital Fund; and (2) increase the corporate tax rate to pay for Fund expenses in years in which the Fund's unboligated balance does not exceed $1,000,000,000.
United States · United States Congress · 25 February 1992
Appropriations Category Reform Act of 1992 - Amends the Congressional Budget Act of 1974 to revise the discretionary spending limit for FY 1993 by merging the defense and domestic categories into a national category. Makes conforming changes to the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act).
United States · United States Congress · 25 February 1992
Amends title IV (Student Assistance) of the Higher Education Act of 1965 (HEA) to establish the Income Dependent Education Assistance (IDEA) program as part D of such title. (Replaces the current part D, Income Contingent Direct Loan Demonstration Project.) Authorizes the Secretary of Education (the Secretary) to carry out IDEA as a program that: (1) makes direct loans (self-reliance loans) to all eligible students enrolled at participating institutions of higher education, without regard to student financial need; and (2) establishes an account for each borrower and collects repayments on such loans in accordance with the Internal Revenue Code (as amended by this Act). Directs the Secretary to: (1) make IDEA payments to participating institutions on the basis of estimated borrowing needs of students; and (2) make initial IDEA payments in a manner similar to the procedure for distribution of Pell Grants. Deems eligible students at participating institutions to have a contractual right against the United States to receive a self-reliance loan, regardless of financial need, but requires such students nonetheless to undergo needs test assessments for the Pell Grant and Stafford Loan programs for the fiscal year for which the self-reliance loan is to be received. Directs the Secretary to select for IDEA program participation diverse types of institutions of higher education from among those eligible to participate in Stafford Loan programs. Limits the initial selection to 300 institutions by May 1, 1993, with the projected volume of new student borrowing under IDEA not to exceed specified limits for each of FY 1994 through 1997. Provides for expansion of the program, beginning on August 1, 1997, by directing the Secretary to permit participation by all institutions of higher education that have the administrative and fiscal capacity to administer a self-reliance loan program, if the Congress: (1) does not act before such date to terminate or modify the program; and (2) takes the affirmative step to approve such expansion by providing sufficient resources to offset program costs. Directs the Secretary to publish criteria for institutional eligibility for the IDEA program by September 1, 1995. Sets forth requirements for institutional applications and program agreements. Sets forth borrowing limits on self-reliance loans, as follows: (1) annual: $5,000 for an undergraduate, $15,000 for a graduate student; (2) aggregate: $25,000 for an undergraduate, $30,000 for a gradute student (with a $30,000 maximum for any student); (3) maximum in combination with Stafford guaranteed loan programs and Perkins direct loans, equal to specified limits on aggregate indebtedness under the Stafford loans program except that independent students under the Supplemental Loans for Students (SLS) program may borrow an additional $10,000 under IDEA above those limits; and (4) no self-reliance loan to exceed the student's cost of attendance for the year in question. Requires the interest rate for self-reliance loans to be: (1) established at the time the loan is made; and (2) equal to the interest rate on 52-week Treasury bills plus an additional two percentage points. Directs the Secretary to establish such interest rate at the same time and with the same frequency as interest rates are established for the Supplemental Loans for Students program. Requires repayment of self-reliance loans through the income tax collection system. Requires borrowers to devote seven percent of their adjusted gross income to such repayment, except that the Secretary is required to allow the following options to borrowers at the following levels of indebtedness when they enter repayment: (1) for low indebtedness, three, five, or seven percent of such income; and (2) for moderate indebtedness, five or seven percent of such income. Provides that self-reliance loan borrowers shall be in repayment status for any taxable year, unless: (1) the borrower was, during at least seven months of such year, a student enrolled in an institution of higher education on at least a half-time basis; or (2) such taxable year was the first year in which the borrower was such a student and the borrower was such a student during the last three months of such year. Requires repayment to continue until the loan has been repaid or for 25 years after the borrower ceases to be enrolled on at least a half-time basis, whichever occurs first. Provides that no repayment shall be due in any year in which the borrower is not required to file a tax return under the Internal Revenue Code. Requires borrowers who marry individuals who have not received self-reliance loans to make repayments on the basis of the greater of: (1) one-half of the adjusted gross income on the joint income tax return; or (2) the individual borrower's adjusted gross income. Allows borrowers to defer, at their own discretion, payment of interest on self-reliance loans while they attend institutions of higher education on at least a half-time basis. Allows borrowers to prepay all or part of a self-reliance loan to the Secretary without a penalty. Provides for discharge, by the Secretary, of the self-reliance loan liability of any borrower who dies or becomes permanently and totally disabled. Provides that, in general, a self-reliance loan shall not be dischargeable in a case of bankruptcy, but authorizes the Secretary to postpone certain portions of the loan liability in such cases. Makes the Secretary responsible for: (1) promulgating terms and conditions of self-reliance loans that are not otherwise specified in this Act; (2) enforcing compliance with institutional program participation requirements through limitation, suspension, or termination actions and additional criteria for monitoring participant performance; (3) developing and administering a central data system for use in administering self-reliance loans; (4) annually certifying to the Secretary of the Treasury specified amounts relating to each borrower's repayment status; (5) developing standard forms and data formats; (6) sending certain reports, including annual reports, to the Congress; and (7) overseeing all participating institutions. Defines eligible student, for IDEA program purposes, as a U.S. citizen aged 17 to 51. Amends the Internal Revenue Code to direct the Secretary of the Treasury to enter into an agreement with the Secretary of Education to provide for collection of repayments of self-reliance loans. Imposes an educational loan repayment tax equal to the repayment percentage of the taxpayer's adjusted gross income for the taxable year.
United States · United States Congress · 25 February 1992
Designates April 9, 1992 (the 50th anniversary of the fall of Bataan), as the Day of Recognition of Filipino War Veterans. Authorizes and urges the President to present a copy of this resolution to Filipino veterans and the Filipino people in Manila on April 9, 1992, during the observance of such anniversary, as an expression of good will and reaffirmation of the continuing regard of the United States and the American people for a lasting Filipino-American friendship.
United States · United States Congress · 21 February 1992
Amends the Federal Water Pollution Control Act to direct the Administrator of the Environmental Protection Agency to make grants to the State of Massachusetts for use by the Massachusetts Water Resources Authority for constructing wastewater treatment works for areas served by the Authority. Limits the Federal share of such grants to 75 percent of construction costs. Authorizes appropriations.
United States · United States Congress · 20 February 1992
Haitian Refugee Protection Act of 1992 - Directs the President to prohibit the involuntary return of any Haitian under U.S. control as of February 5, 1992, whether on board a U.S. vessel, at Guantanamo Bay, Cuba, or elsewhere outside the United States until: (1) 180 days after enactment of this Act; or (2) five days after submission of the final congressional report required by this Act. Directs the Assistant Secretary of State for Human Rights and Humanitarian Affairs to: (1) assess with the participation of internationally recognized human rights organizations the treatment of returned Haitians, with particular attention to human rights violations; and (2) submit preliminary and final reports to the House and the Senate. Directs the President to reallocate 2000 federally funded FY 1992 refugee admissions to Haiti. Urges the President and the Secretary of State to participate with the United Nations High Commissioner for Refugees and the member countries of the Organization of American States (OAS) to convene an international conference aimed at resolving the Haitian refugee crisis. Prohibits the admission into the United States of any Haitian national involved in the September 30, 1991, coup which overthrew the Aristide Government, or in subsequent acts against the Haitian people.
United States · United States Congress · 19 February 1992
Voting Rights Act Language Assistance Amendments of 1992 - Amends the Voting Rights Act of 1965 to extend the termination date on the prohibition of covered States and political subdivisions providing voting materials only in English. Modifies criteria for determining whether a State or subdivision is covered.
United States · United States Congress · 19 February 1992
Amends the Omnibus Budget Reconciliation Act of 1987 to extend through April 1, 1993, the demonstration project under which influenza vaccinations are provided to Medicare (title XVIII of the Social Security Act) beneficiaries. Places a limitation on amounts authorized for the project for FY 1993 and prohibits the use of project funds, during FY 1993, for evaluating its cost effectiveness.
United States · United States Congress · 7 February 1992
Unemployment Benefits Assurance Act of 1992 - Amends the Emergency Unemployment Compensation Act of 1991 (Public Law 102-164) to establish special rules for computing the weekly benefit amount and for determining an individual's account, in order to assure that all eligible individuals will receive their full benefits under the emergency unemployment compensation program (on the basis of the former full-time employment for which they are eligible to receive such benefits, without being disqualified by State laws which would determine such amount and account on the basis of some intervening temporary period of part-time earnings).
United States · United States Congress · 7 February 1992
Expresses the sense of the Senate that the President should: (1) again urge all parties to the conflict in Somalia to declare an immediate ceasefire; (2) urge the United Nations to remain committed to the diplomatic and peacekeeping tasks in Somalia which fall under its mandate, to facilitate the distribution of emergency assistance to those areas of Somalia which are peaceful and to explore options for assisting people in nonsecure areas, and to appoint mediators to facilitate the achievement of the earliest possible ceasefire; and (3) encourage other neutral mediation efforts by nongovernmental and regional organizations.
United States · United States Congress · 4 February 1992
Suspends the nonvoluntary repatriation of Haitian nationals until a specified date or until certain conditions are met and so certified by the President (international monitoring, reduction of violence in Haiti, danger to repatriated Haitians, and a specific U.S. refugee and asylum administrative system).
United States · United States Congress · 31 January 1992
Expresses the sense of the Congress that the President should: (1) play a strong and active role in cooperating with other governments to prepare for a successful United Nations Conference on Environment and Development (set to convene in Rio de Janeiro, Brazil, in June 1992); (2) seek to develop specific and effective international agreements to enhance global environmental protection and encourage the use of sustainable development practices for signature at the Conference; and (3) support specified global environmental conservation efforts, including an international convention to reduce the threat of global climatic change, acceleration of international efforts to reduce (and ultimately phase out) the emission of chemicals that deplete the ozone layer, and development of a schedule for the adoption of a reform system of national accounting that reflects full environmental costs.
United States · United States Congress · 30 January 1992
Restrictions on Azerbaijan Act - Requires the United States to continue to deny the following trade and economic benefits to the Republic of Azerbaijan: (1) most-favored-nation status (nondiscriminatory treatment); (2) loans, guarantees, or insurance with respect to U.S. exports to it; (3) beneficiary status under the Generalized System of Preferences; (4) treatment as a country subject to provisions of the Trade Act of 1974 relating to market disruption; (5) treatment as a member of Country Group Y (countries with which the United States has diplomatic or trading relations); (6) any benefit bestowed under the Agreement on Trade Relations Between the United States and the Soviet Union, signed on June 1, 1990; and (7) U.S. assistance under the Foreign Assistance Act of 1961. Requires the United States to impose as a condition to making contributions to any international organizations providing activities in the former Soviet Union that none of the funds be available for such activities in Azerbaijan. Authorizes the President to waive such restrictions. Terminates such restrictions if the President determines and reports to the Congress that Azerbaijan: (1) has ceased all blockades and uses of force against Armenia and Nagorno-Karabakh; (2) improves the human rights of Armenians, Russians, Jews, and other minorities; and (3) has committed to resolve the Nagorno-Karabakh conflict peacefully.
United States · United States Congress · 30 January 1992
Recognizes and commemorates the centennial of the National Conference of Commissioners on Uniform State Laws. Requests the President to issue a proclamation observing the centennial from January 1 through December 31, 1992.
United States · United States Congress · 23 January 1992
Commends and congratulates: (1) all parties to the negotiations with respect to the war in El Salvador, former United Nations (UN) Secretary General Javier Perez de Cuellar, and the Salvadoran people for their persistence, commitment, and dedication to peace; and (2) the Governments of Colombia, Mexico, Spain, and Venezuela for their contributions in support of the negotiating process. Praises President Cristiani for his efforts. Encourages the Salvadoran people and all sectors of Salvadoran society to commit themselves to the process of consolidating peace, democracy, and economic and social development. Expresses the sense of the Senate that the United States should commit itself to: (1) providing appropriate assistance to the Government and people of El Salvador that promote reconstruction, reconciliation, and further strengthening of democracy and democratic institutions; (2) seeking and encouraging other members of the international community to contribute materially to such process; and (3) cooperating with UN efforts to monitor compliance with the peace agreements in El Salvador and other efforts pertaining to the UN role in post-war El Salvador.
United States · United States Congress · 23 January 1992
Expresses the sense of the Senate: (1) acknowledging the cooperation of the Soviet and now Russian authorities in providing records and personal effects of Raoul Wallenberg to his family; (2) requesting that the President, through diplomatic discussions with the Government of the Russian Federation, pursue an investigation into the whereabouts and fate of Raoul Wallenberg; and (3) requesting that the results of such investigation be made public.
United States · United States Congress · 21 January 1992
Long-Term Care Insurance Improvement and Accountability Act - Amends the Public Health Service Act to establish the Long-Term Care Insurance Standards Commission to establish and modify minimum Federal standards for long-term care insurance. Authorizes appropriations. Prohibits the offering of a long-term care insurance policy in a State unless the State has a regulatory program meeting the requirements of this Act or the policy has been certified by the Secretary of Health and Human Services. Directs the Secretary to periodically review State regulatory programs. Provides for enforcement of the prohibition. Authorizes grants to States for demonstration programs to improve enforcement of the standards. Imposes on agents selling long-term policies a duty of good faith and fair dealing. Prohibits: (1) twisting, high pressure tactics, and cold lead advertising; and (2) the agent from completing the medical history portion of the application. Mandates minimum financial standards, including income and asset criteria, for the purchase of a long-term policy. Prohibits sales: (1) to an individual eligible for assistance under title XIX (Medicaid) of the Social Security Act; and (2) of duplicate service policies. Provides for penalties. Mandates agent training and certification. Sets forth additional carrier responsibilities relating to refunding of premiums, mailing of policies, providing information on denials of claims, reporting of information, and limiting compensation to agents for the sale or renewal of policies. Prohibits cancellation or nonrenewal of a long-term care policy except for nonpayment of premium or material misrepresentation. Sets forth continuation and conversion rights for group policies. Requires guaranteed issuance to an individual if the individual meets the minimum medical requirements of the policy. Limits cancellation for nonpayment by an incapacitated individual. Requires: (1) standard definitions and terminology, a uniform format, and standard benefits; and (2) disclosure of certain matters, including an outline of benefits. Limits certain conditions on benefits, including those based on preexisting conditions. Requires: (1) that eligibility for, and the level of, benefits be based on a functional assessment; (2) inflation protection; (3) limits on premium increases; and (4) nonforfeiture benefits. Limits the period during which the issuer may cancel the policy or deny a claim based on fraud or misrepresentation. Establishes: (1) the right of a purchaser to return a policy within a specified period; and (2) civil money penalties for failure to comply with specified provisions of this Act. Defines "long-term care insurance policy," excluding: (1) any Medicare supplemental policies; (2) other insurance offered primarily to provide specified types of coverage; and (3) certain life insurance policies. Requires the Commission to issue guidelines applicable to organizations that endorse long-term policies or permit such policies to be offered through their organization. Authorizes appropriations to provide information, counseling, and assistance regarding the procurement of long-term insurance. Mandates reports to the Congress on: (1) standards to assure the solvency of insurers regarding long-term care policies; and (2) a standard measure of value for long-term care policies.
United States · United States Congress · 21 January 1992
Emergency Anti-Recession Act of 1992 - Title I: Emergency Supplemental Appropriations - Declares that sums in this title are appropriated, out of Treasury funds not otherwise appropriated, to provide emergency supplemental appropriations for FY 1992. Subtitle A: Agriculture, Rural Development and Related Agencies - Appropriates additional funds to the Department of Agriculture for: (1) the special supplemental food program; (2) the Farmers Home Administration (FHA) Rural Housing Insurance Fund; (3) the FHA Rural Development Insurance Fund; and (4) FHA rural water and waste disposal grants. Subtitle B: Defense - Appropriates additional amounts to the Department of Defense for: (1) transfer to the Department of Commerce for community planning and adjustment assistance due to adverse impacts of military installation closures or reductions and contract reductions; (2) transfer to the Small Business Administration for small business conversion assistance due to such adverse impacts; (3) transfer to the National Institute of Standards and Technology for civilian-oriented research and development and generic technology projects to aid scientists, engineers, and technicians in converting their skills from the defense sector to the civilian sector while creating new scientific and technological information; (4) transfer to the Department of Labor for demonstration projects for workers dislocated by reductions in Defense expenditures or military installation closures; and (5) the Deputy Assistant Secretary of Defense (Environment, Safety, and Occupational Health) to carry out the Defense Environmental Restoration Program. Subtitle C: Energy and Water Development - Appropriates additional amounts to: (1) enable the Assistant Secretary of Energy for Environmental Restoration and Waste Management to carry out the Environmental Restoration and Waste Management Program; and (2) the Assistant Secretary of the Army for Civil Works to carry out the Army Corps of Engineers Civil Works Programs. Subtitle D: Interior - Appropriates additional amounts for the Land and Water Conservation Fund, the Historic Preservation Fund, and certain energy conservation programs. Subtitle E: Labor, Health and Human Services, and Education - Appropriates additional funds to the Department of Labor for employment and training services. Appropriates additional funds to the Department of Health and Human Services for: (1) community service employment for older Americans; (2) the Health Resources and Services Administration; (3) the National Institutes of Health; (4) the Alcohol, Drug Abuse, and Mental Health Administration; (5) low-income home energy assistance; (6) certain programs under the Community Services Block Grant Act; and (7) Head Start. Appropriates additional amounts to the Department of Education for compensatory education for the disadvantaged and student financial assistance. Subtitle F: Transportation - Appropriates additional funds to the Department of Transportation for: (1) the Federal Railroad Administration; (2) the Federal Transit Administration; (3) the Federal Aviation Administration; and (4) the Federal Highway Administration. Subtitle G: Veterans Affairs and Housing and Urban Development - Appropriates additional amounts to the Department of Housing and Urban Development for community development and planning, modernization of public housing projects, and low-income housing investments. Appropriates additional funds to the Environmental Protection Agency (EPA) to carry out the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, the Federal Water Pollution Control Act, and the Water Quality Act of 1987. Appropriates additional funds to: (1) the National Science Foundation for academic facilities renovation; (2) the Commission on National and Community Service to carry out programs under the National and Community Service Act of 1990; and (3) the Federal Emergency Management Agency for emergency assistance grants. Title II: Food Stamp and Related Provisions - Mickey Leland Childhood Hunger Relief Act - Subtitle A: Food Stamp Program - Amends the Food Stamp Act to permit related adults living in the same household to apply for separate program benefits under specified conditions. Requires the Secretary of Agriculture to adjust the basic benefit level upwards by specified increments at the beginning of each fiscal year until it reaches 105 percent of the cost of the thrifty food plan. Excludes from consideration as program income child support payments to non-household members and other child support payments. Removes the excess shelter deduction cap for program eligibility purposes. Permits a participating family made up of, or including, an elderly or disabled member to own $3,000 in allowable financial resources. (Current law refers to a family member 60 years of age or older). Increases annually the fair market value limit of vehicles that program recipients may own. Excludes third party payments for transitional housing for the homeless from consideration as program income. Directs the Secretary and authorizes States to conduct pilot projects to improve rural program participation. Authorizes grants for projects to improve homeless program participation. Subtitle B: Nutrition Programs - Amends the National School Lunch Act to permit schools to offer fluid milk in any form as part of a school lunch. (Current law permits only whole or unflavored lowfat milk to be offered.) Expands child and adult care food program participation to include private residential day care centers that serve at least 25 percent low-income children. Permits schools to receive meal supplement (snack) reimbursements for after-hours child care even if such schools do not participate in a specified child care food program. Establishes minimum funding amounts for each of FY 1992 through 1994 for assistance to homeless preschool children (in addition to amounts made available under the Child Nutrition Act of 1966). Subtitle C: Effective Date - Sets forth the effective dates for provisions of this title. Title III: Miscellaneous Provisions - Amends the Emergency Unemployment Compensation Act of 1991 to extend Federal unemployment benefits and allowances until September 1992. (Current provisions terminate June 13, 1992.) Increases the matching rate for FY 1992 for: (1) Aid to Families with Dependent Children; and (2) Medicaid. Decreases the matching rate for FY 1992 for: (1) local freight assistance; (2) programs under the Urban Mass Transportation Act of 1964; (3) Federal-aid highway assistance; and (4) EPA State revolving loan funds. Authorizes the Army Corps of Engineers to waive up to one-half of any matching rate requirement under title I. Requires the Secretary of Health and Human Services to establish a program to provide unemployed individuals and their families with health benefits either directly through a public program or indirectly through the continuation of an employer-based plan. Sets forth eligibility and other requirements for such program. Authorizes appropriations for FY 1992 through 1995.
United States · United States Congress · 27 November 1991
Food, Drug, Cosmetic, and Device Enforcement Authorities Act - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to authorize any U.S. district court to order the recall of a food, drug, device, or cosmetic which is in violation of the FDCA. Authorizes the Secretary of Health and Human Services, upon finding that there is a reasonable probability that a food, drug, or cosmetic would cause serious, adverse health consequences or death, to issue an order requiring the appropriate person (including the manufacturer, importer, distributor, or retailer) to immediately cease any distribution of the food, drug, or cosmetic. Provides an opportunity for an informal hearing for the person subject to such order, on whether the order should be amended to require a recall of such items. Declares any recall order to be a final agency action. Requires manufacturers and distributors of foods, drugs, devices, or cosmetics to report to the Secretary any recall initiated by the manufacturer, distributor, or importer. Adds failure to take certain actions required by this Act to the list of prohibited acts. Authorizes seizure and detention of any food, drug, device, or cosmetic that is in violation of the FDCA. (Current law authorizes seizure of any food, drug, or cosmetic for specified reasons and detention of any device for specified reasons.) Modifies certain procedures regarding detention. Requires the promulgation of regulations with respect to such seizure and detention. Grants the Commissioner of the Food and Drug Administration subpoena power with regard to proceedings and investigations (other than a rulemaking) under the FDCA. Provides for civil monetary penalties for various acts, including violating any provision of the FDCA, making false statements, bribes, and obstruction of investigations. Modifies the authority of the Secretary to inspect establishments and vehicles with regard to violations of the FDCA concerning food or cosmetics, including adding authority to retain samples and to copy records. Declares that an inspection shall extend to all things, including equipment, finished and unfinished materials, containers, labeling, processes, controls, and facilities, bearing on whether articles are in violation of the FDCA. (Current law declares that an inspection relating to drugs or devices extends to all things bearing on violation of the FDCA.) Sets forth similar authority with respect to drugs and devices. Sets forth inspection procedures with respect to infant formulas. Limits inspection at certain sites and for certain records. Requires inspectors to give a written report to the owner, operator, or agent in charge after the inspection of an establishment. Sets forth requirements for inspectors where samples are necessary from any inspection. Requires each manufacturer, importer, and distributor of products regulated under the FDCA and each owner, operator, or agent in charge of an establishment subject to inspection under certain provisions of the FDCA to maintain records and make reports as the Secretary determines to be necessary. Extends to all officers and employees of the Department of Health and Human Services conducting examinations, investigations, or inspections under the FDCA the enforcement powers currently granted to those involved with counterfeit drug matters. Includes the illegal distribution of steroids or steroid substitutes and violations of prohibited acts under the purview of such employees. Directs the Secretary of the Treasury to notify the Secretary of Health and Human Services of food, drugs, devices, and cosmetics being imported into the United States. Prohibits the owner or consignee of an article, a sample of which was delivered or examined, from making a claim for payment for the sample. Requires refusal of admission for import of any article which is in violation of the FDCA. (Current law requires refusal of admission if adulterated, misbranded, or in violation of provisions relating to new drugs.) Requires that the bond which is required, pending decision on the admission of an article, in order to release the article to the owner or consignee, be at least three times the invoice value of the article. Replaces provisions requiring the destruction or exporting of articles refused admission with provisions requiring refused articles to be marked, before export, as refused entry into the United States. Requires destruction within ten days, without option to relabel or export, of any article that will cause significant adverse health consequences or death. Affords the owner an informal hearing prior to such action. Includes as prohibited acts: (1) the failure to mark an article as required by the FDCA or the removal or alteration of such a mark and the failure to export an article bearing such mark through the port through which the owner or consignee attempted to import it; and (2) the importation or introduction or delivery for introduction into interstate commerce of an article which has been refused admission. Includes in the definition of "interstate commerce," as used in the FDCA, commerce involving an article or activity which affects interstate commerce. Makes a similar inclusion in definitional provisions relating to electronic product radiation control. Presumes the existence of the connection with interstate commerce required for jurisdiction in any action to enforce the FDCA respecting a food, drug, device, or cosmetic. (Current law presumes such existence in an action respecting a device.)
United States · United States Congress · 26 November 1991
Authorizes the Attorney General to impose on any person who is not a visiting nurse association or service a civil penalty of up to $1,000 per violation, and to enjoin a violation, for knowingly using the term "visiting nurse association," "visiting nurse service," "VNA," VNS," or any colorable imitation of any such term, in connection with any goods or services in a manner that falsely suggests, or causes any confusion, mistake, or deception, that the goods or services are produced or endorsed by a visiting nurse association or service, or that the person is associated in any way with a visiting nurse association or service. Directs the Attorney General to: (1) establish standards and procedures governing the imposition of civil penalties for such violations which provide for the imposition of a penalty only after the person has been given an opportunity for a hearing on the record; and (2) issue any regulations necessary to carry out this Act. Makes the remedies provided under this Act in addition to the remedies provided by any other law.
United States · United States Congress · 26 November 1991
Nuclear Testing Moratorium Act - Prohibits any funds made available under any law from being used to conduct any explosive nuclear weapons test during the one-year period following the enactment of this Act unless the President certifies to the Congress that the Soviet Union or a successor state has conducted such a test during such period.
United States · United States Congress · 26 November 1991
Equal Remedies Act of 1991 - Amends Federal law relating to damages in cases of intentional employment discrimination to remove provisions limiting the dollar amount of damages awarded for pecuniary and nonpecuniary losses and punitive damages.
United States · United States Congress · 26 November 1991
Job Training and Basic Skills Act of 1991 - Amends the Job Training Partnership Act (JTPA) to revise and extend employment and training assistance programs. Title I: Adult and Youth Employment and Training Programs - Subtitle A: Policy, Authorization of Appropriations, and Definitions - Declares it to be the policy of the United States to: (1) provide financial assistance to States and local service delivery areas (SDAs) to meet the training needs of low-income adults and youth and assist them in obtaining unsubsidized employment; (2) increase funds available for programs of training services for the disadvantaged by at least ten percent of the baseline each fiscal year to provide for growth in the number of eligible adults and youth served beyond the current five percent of the eligible population in need of these services; and (3) encourage provision of longer and more comprehensive education, training, and employment services to the eligible population, with increased funding to maintain current service levels. Amends the Job Training Partnership Act (JTPA) to authorize appropriations for FY 1993 and succeeding fiscal years. Defines "basic skills deficient" as reading or computing skills at or below eighth grade level. Adds the Association of Farmworker Opportunity Programs, literacy organizations, and organizations serving older workers to the the list of community-based organizations. Revises the definition of "economically disadvantaged" to refer to the official poverty line. Revises the definition of "supportive services" to include: (1) drug and alcohol abuse counseling and referral; and (2) individual and family counseling. Subtitle B: Job Training Partnership - Includes representatives of public assistance agencies and local welfare agencies on private industry councils (PICs) under JTPA. Revises other provisions for PIC membership. Applies the requirement for a job training plan to training services for the disadvantaged only. Revises requirements for the contents of such plans to provide for linkages with appropriate agencies and for outreach to recruit locally determined target groups. Adds community-based organizations to those entities reviewing such plans. Revises requirements for training services for the disadvantaged performance standards to: (1) promote delivery of services to the hard-to-serve; and (2) add measurement of increased basic education attainment and occupational skills (as well as the current measurement of increased employment and earnings and reduced dependency). Provides for the following additional factors in performance standards for youth programs: (1) attainment of employability competencies; (2) secondary and postsecondary school completion or its equivalent; (3) dropout prevention and recovery; and (4) enrollment in other education, training, or employment program or apprenticeship, or enlistment in the armed forces. Allows variations in standards to reflect differences between in-school and out-of-school programs. Requires the private industry council to determine levels for competency standards based on such factors as entry skill levels and other hiring requirements. Sets forth additional elements of performance standards. Retains the requirement that the Secretary prescribe performance measures, but states that such standards shall not be taken into consideration in the award of incentive grants. Provides that Governor's incentive grant awards shall be to service delivery areas (SDAs) conducting adult and youth programs which: (1) meet specified performance standards established by the Secretary, serve more than a specified minimum percentage of out-of-school youth, and exceed performance standards for hard-to-serve- populations; (2) place participants in employment providing wages at placement exceeding the appropriate performance criteria, as well as employer-assisted employment benefits (including health benefits); (3) meet specified performance standards established by the Governor; and (4) establish linkages with other programs to avoid duplication and enhance delivery of services. Retains the requirement for the Secretary to prescribe performance standards for dislocated workers employment and training assistance based on placement and retention in unsubsidized employment. Retains the requirement that such standards make appropriate allowance for the difference in cost resulting from serving workers receiving cetain needs-related payments. Changes from discretionary to mandatory the authority of State Governors to prescribe, within certain parameters, variations in performance standards for training services for the disadvantaged and for dislocated workers employment and training assistance. Directs the Secretary to: (1) provide information and technical assistance on performance standards adjustments; (2) collect data that identify hard-to-serve individuals and long-term welfare dependency; (3) provide guidance on setting performance goals at the service provider level that encourages increased service to the hard-to-serve, particularly long-term welfare recipients; and (4) review performance standards to ensure that they provide maximum incentive in serving the hard-to-serve, particularly long-term welfare recipients, including those receiving benefits under the Aid to Families with Dependent Children (AFDC) and Supplement Security Income (SSI) programs under, respectively, part A of title IV, and title XVI, of the Social Security Act. Authorizes Governors to prescribe additional performance standards for these programs, which must be reported in the coordination and special services plan. Directs the Secretary to prescribe performance standards for: (1) employment and training programs for Native Americans and migrant and seasonal farm workers; (2) the Jobs Corps; and (3) the jobs for employable dependent individuals incentive bonus program. Directs the Secretary to prescribe a system for adjustments in JTPA performance standards for special populations to be served. (Current law requires prescriptions of such variations, but without system.) Authorizes the Secretary to modify JTPA performance standards not more often than once every two program years (except that Job Corps standards may be modified each program year). Prohibits such modifications from being retroactive. Sets forth required responses to failures to meet standards, including a process for correction. Requires each State Governor to provide technical assistance to SDAs failing to meet the performance standards. Requires the Governor, if an SDA continues to fail to meet performance standards for two program years, to impose a reorganization plan. Allows the alternative administrative entity under such reorganization plan to be a newly formed private industry council or any jointly selected by the Governor and the chief elected official of the largest local government in the SDA or substate area. Allows SDAs to appeal to the Secretary for revision of such reorganization plans. Defines "employment,"for purposes of JTPA performance standards, as employment for more than 20 hours per week. Requires SDAs, in selecting service providers, to consider provision of support services, including child care. Requires selection of service providers to be made on a competitive basis and to include: (1) a determination of such provider's ability to meet program design specifications that take into account JTPA's purposes and the goals established in the Governor's coordination and special services plan; and (2) documentation of compliance with procurement standards established by the Secretary, including the reasons for selection. Revises limitations on certain costs for specified programs, including general administrative costs, combined administration and support services costs, and training-related services costs. Prohibits duplication of supportive services which are available free to participants through other services. Adds provisions for SDA transfer and agreement. Provides for reallotment of funds for training services for the disadvantaged. Revises requirements for the Governor's coordination and special services plans to include: (1) descriptions of State coordination measures, projected grants uses, and services to older workers; (2) criteria for coordinating activities under JTPA with State and local services on aging and with programs operated under specified provisions of the Older Americans Act of 1965; and (3) initiatives under the State innovation and coordination program. Revises provisions for State education coordination and grants. Eliminates specified provisions for training programs for older workers. Requires identification of any State- or SDA-rule, regulation, or policy funded by JTPA. Requires State labor market information programs to include training and technical assistance to support comprehensive career guidance and participant outcome activities for local programs assisted under JTPA. Revises general program requirements for service delivery systems. Exempts normal tuition charges for training or education from certain requirements for a breakdown of cost components. Exempts from specified cost limitations certain administrative expenses related to training incurred by community-based organizations. Limits the duration of on-the-job training to a period not in excess of that generally required for acquisition of skills needed for that position, but never exceeding six months. Requires on-the-job contracts to: (1) specify types and duration of training and other services; and (2) if an intermediary brokering contractor is used for placements, specify certain additional services and factors. Revises provisions relating to disposal of assets and program income. Revises certain Federal and fiscal administrative provisions. Allows the use of certain advance payment methods when contracting with nonprofit organizations of demonstrated effectiveness. Requires States to establish fiscal control and fund accounting procedures to ensure proper disbursal and accounting of Federal funds. Requires the State Governor to establish procurement standards for the State, local areas, and SDAs to ensure that specified criteria are met. Requires State Governors to: (1) conduct annual on-site monitoring of each SDA and substate area to ensure compliance with such procurement standards; (2) impose corrective action to secure prompt compliance; (3) impose specified sanctions in the event of failure to take required corrective action; and (4) certify annually the State's implementation, monitoring, and enforcement of such standards. Directs the Secretary to: (1) annually review the procurement standards; and (2) upon determination that the Governor has not fulfilled such requirements, to impose such corrective actions and sanctions. Directs the Secretary to review the implementation of these requirements and report with recommendations to the Congress on the effectiveness of such fiscal control provisions. Adds provisions relating to program income. Revises reporting, recordkeeping, and investigative requirements. Requires recipients to maintain and provide to the Secretary standardized records of a sufficient number of individual participants to provide an adequate sample size to allow for preparation of natural estimates to meet specified requirements. Requires the Secretary, Inspector General, or Comptroller General to furnish States or SDAs which are going to be investigated with the monitoring guides to be used by reviewers (for audits other than the initial survey or one investigating possible criminal or fraudulent conduct). Requires States, administrative entities conducting the programs, and recipients (other than sub-recipients) to monitor the performance of service providers in complying with the agreements under JTPA. Revises requirements for information in reports. Directs the Secretary to ensure that all elements required for reports are defined and reported uniformly. Requires Governors to ensure that procedures are developed for retention of records for specified periods. Requires the head of the Directorate for Civil Rights in the Department of Labor to report annually on the administration and enforcement of nondiscrimination provisions. Authorizes appropriations to increase the number of Directorate personnel in order to prepare such reports. Subtitle C: Training Services for the Disadvantaged - Revises JTPA title II provisions for training services for the disadvantaged adults and youth. (Divides JTPA title II into: (1) part A, Adult Opportunity Program; (2) part B, Summer Youth Employment and Training Programs; and Part C, Youth Program.) Revises adult program allotment provisions to establish State set-asides for education, performance incentives, and auditing and administration. Allows individuals, whether employed or unemployed, to be eligible for adult program services as long as they are adults (age 22 through 72) who are economically disadvantaged. Requires that at least 60 percent of program participants in each SDA be individuals who, in addition to being economically disadvantaged adults, are in one or more of the following categories: (1) basic skills deficient; (2) school dropouts; (3) recipients of each cash welfare payments; (4) offenders; (5) individuals with disabilities; (6) homeless; (7) unemployed for the previous six months or longer; (8) limited-English proficient; or (9) in an additional category identified by an SDA and approved by the Governor and the Secretary. (Retains the current provisions that allow up to ten percent of program participants in an SDA not to be economically disadvantaged if they have encountered barriers to employment.) Allows for transfers of limited portions of funds among JTPA title II programs. Establishes adult program design requirments, including: (1) assessment of participants' skill levels and service needs; (2) development of service strategies to identify employment goals, appropriate achievement objectives, and appropriate services; (3) review of participant progress; and (4) if appropriate, basic and occupational skills training work experience be accompanied by other services designed to increase a participant's basic education or occupational skills. Allows an exception from such combination requirement only if: (1) the participant's assessment and service strategy indicate that the additional services are not appropriate; and (2) the activities are not available to the participant through the Employment Service or other public agencies. Allows continued provisions of counseling and supportive services to a participant for up to one year after termination from the program. Revises authorized services for which adult program funds may be used. Eliminates employment-generating activities from the list of such authorized services. Divides the lists of such services into direct training and training-related and supportive services. Authorizes State Governors, through agreements with various entities, to provide for job training and placement programs for older individuals (55 years of age and who are economically disadvantaged) for employment opportunities with private businesses, with such programs to be developed in conjunction with SDAs and consistent with SDA plans. Requires consideration to be given to assisting such programs involving training for jobs in growth industries and jobs reflecting the use of new technological skills. Requires Governors to: (1) coordinate delivery of such services with those under the Older Americans Act of 1965; and (2) give priority to service providers with demonstrated effectiveness in providing such services. Requires SDAs to link with: (1) other specified Federal programs; and (2) State, local, and private programs, as appropriate. Allows an SDA to transfer up to ten percent of adult program funds to the youth programs under certain conditions. Directs the Comptroller General to: (1) conduct a study to determine the number and percentage of adults assisted under JTPA title II part A provisions for disadvantaged adults that remain employed for at least nine months after receiving such assistance; and (2) report such study findings to appropriate congressional committees within three years. Revises part B provisions for summer youth employment and training programs to limit administrative costs to 15 percent. Requires SDAs to: (1) expend funds for basic and remedial education as described in the State job training plan (but allows such funds to be provided for the year-round youth employment and training program, the Job Corps, the JOBS program, alternative or secondary schools, or other employment and training programs); (2) assess participant skill levels and service needs and develop service strategy for participants; and (3) provide follow-up services for participants for whom a service strategy has been developed. Allows individual concurrent enrollment in such programs and in disadvantaged youth programs. Sets forth part C provisions for the disadvantaged youth programs. Revises allotment formulas to establish set-asides for State education coordination and grants. Revises eligibility requirements for in-school youth and out-of-school youth. Requires that at least 70 percent of the funds for in-school youth and for out-of-school youth, respectively, be used for participation of specified targeted groups (with provisions for additional categories). Requires the youth program to be conducted, and services made available during the year or on a multiyear basis as appropriate. Establishes year-round program design requirements, including: (1) assessment of participants' skill levels and service needs; (2) development of service strategies to identify achievement objectives, appropriate employment goals, and appropriate services; (3) review of participant progress; and (4) if appropriate, basic skills training, occupational skills training, pre-employment and work maturity skills training, work experience combined with skills training, and supportive services. Requires that work experience, job search, job search skills training, and job club activities be accompanied by additional services which: (1) are designed to increase a participant's basic education or occupational skills; and (2) may be provided, sequentially or concurrently, under other education and training programs. Allows continued provision of counseling and supportive services to a participant for up to one year after termination from the program. Requires SDAs to establish linkages with the appropriate educational agencies responsible for services to participants. Provides that authorized youth services may include, but need not be limited to, the services described under the headings of direct training, training related services, and participant support services under part A adult program provisions. Provides that additional authorized youth services may include specified features. Requires SDAs to link the youth program with: (1) other specified Federal education and training programs; and (2) as appropriate, State, local, and private programs. Allows an SDA to transfer up to ten percent of youth program funds to the adult program under certain conditions. Subtitle D: Special Programs - Provides, with respect to JTPA title III employment and training assistance for dislocated workers, that an eligible dislocated worker participating in training (except on-the-job training) shall be deemed to be in training with the approval of the State agency for purposes of unemployment compensation. Subtitle E: National Programs - Revises JTPA title IV part A employment and training programs for Native Americans and migrant and seasonal farmworkers. Includes references to American Samoans under such Native American programs. Directs the Secretary to: (1) designate a single organizational unit to have as its primary responsibility the administration of all Native American programs authorized under JTPA; and (2) promote recruitment and promotion of Indians, Alaska Natives, American Samoans, and Hawaiian Natives to positions in such unit. Establishes the Advisory Council on Native American Indian Job Training Programs. Revises the formulas for reservations of funds for Native American programs and for migrant and seasonal farmworker programs. Authorizes the Secretary to waive, under Native American programs and the migrant and seasonal farmworker programs, the requirement of biennial competition for grants for those grantees that: (1) have performed satisfactorily on their existing grant; and (2) submit a satisfactory two-year plan for the succeeding period. Requires JTPA grants for Native American programs and for migrant and seasonal farmworker programs to be consistent with specified standard competitive procurement procedures and auditing procedures. Amends JTPA title IV part B provisions for the Job Corps. Increases from ten to 20 percent the allowable number of nonresidential participants enrolled in the Job Corps in any year. Prohibits the Secretary from reducing the number of residential participants in Job Corps programs during any program year below the number during 1989 in order to increase the number of nonresidential participants. Revises JTPA title IV part D provisions for national activities. Sets forth provisions for training and information programs. Directs the Secretary to carry out specified staff training activities at national, regional, State, and local levels. Authorizes the Secretary to establish a clearinghouse to identify, develop, and disseminate innovative materials and successful program models, and to carry out other specified functions. Directs the Secretary to consult with the Secretaries of Education and of Health and Human Services to coordinate such clearinghouse activities with other relevant entities. Revises JTPA title IV part E provisions for the cooperative labor market information program. Authorizes the Secretary to engage in research, demonstration, or other activities (including ones that States may carry out) to determine the feasibility of various methods of organizing and making accessible nationwide information on the quarterly earnings for all individuals for whom such information is collected in the United States. Requires a report to the Congress on the findings resulting from such activities. Increases the annual amount of funds reserved for the National Occupational Information Coordinating Committee. Adds a new part H, Replication of Successful Programs, to JTPA title IV. Directs the Secretary to make competitive grants for replication of successful programs through the associated activities of: (1) public or private nonprofit organizations' technical assistance; and (2) State and SDA planning and program development. Establishes a new part I of JTPA title IV, the Fair Chance Youth Opportunities Unlimited Program. Authorizes the Secretary to establish such national program of Fair Chance Youth Opportunities Unlimited grants to pay 50 percent of the cost of comprehensive education, training, and employment services for youth in high poverty areas in urban and rural areas. Requires such grants to be awarded to the local service delivery area (on behalf of the participating community) in which the target area is located (or to designated grantees if the target area is a Native American Indian reservation or an Alaska Native village). Authorizes the Secretary to select as grant recipients up to 25 communities in the first fiscal year the program is authorized (and a total of 40 over the first five fiscal years). Makes such grants over a three-year period, with each year conditional upon compliance. Authorizes the Secretary to extend the renewal period for an additional two years. Authorizes participating communities to apply for grants for use on behalf of target areas. Requires that a designated target area have not more than 25,000 population, except in the case of single high school districts. Makes all youth aged 14 through 21 in the target area eligible to participate in assisted programs and activities. Requires each participating community to develop an integrated service delivery system in each target area which meets specified minimum criteria for services. Requires such program to also have an education component, outreach and recruitment efforts, youth program models, and measurable goals and outcomes. Sets forth requirements for maintenance of State and local funding levels, limitations on the use of program funds, applications, and Federal and local shares. Directs the Secretary to provide for technical assistance, independent evaluations, and a report. Subtitle F: General Provisions - Revises provisions for JTPA title V, Jobs for Employable Individuals Incentive Bonus Program. Grants each participating State a bonus for providing job training under JTPA to: (1) absent parents of children receiving aid to famiilies with dependent children (AFDC) under the Social Security Act, who subsequent to such training pay child support; and (2) blind or disabled individuals receiving supplemental security income (SSI) under the Social Security Act, who subsequent to such training are successfully placed in and retain employment. Makes the incentive bonus equal to the total, for up to two years after termination of the individuals from JTPA activities; (1) amounts of such child support paid by such absent parents; and (2) reduction in Federal contributions to the SSI amounts received by such blind or disabled individuals. Revises provisions for State use of such incentive bonus funds. Allows Job Corps centers (as well as SDAs) to make incentive payments to service providers. Extends to January 1, 1997, the deadline for the Secretary's report to the appropriate congressional committees on evaluation of the effectiveness of the incentive bonus program. Directs the Secretary to issue revised performance standards for the incentive bonus program pursuant to the amendment made by this Act. Directs the Secretary to provide guidance and technical assistance to States and SDAs relating to documentation required to verify the eligibility of participants under part A and B of title II of JTPA. Authorizes the Secretary to establish rules and procedures necessary for an orderly transition to programs established by, and implementation of, the amendments made by this title. Title II: State Human Resource Investment Councils - Directs each State receiving assistance under specified applicable Federal programs to establish a single State human resource investment council to: (1) review the provision of services and use of funds under applicable Federal human resource programs; (2) advise the Governor on methods of coordinating and using such services, funds, and resources, and on State and local standards and measures relating to such programs; (3) work cooperatively with the directors of the designated State units administering the State vocational rehabilitation programs and the directors of the State educational agencies to enhance employment and vocational education and training opportunities under applicable programs for individuals with disabilities; and (4) carry out a State Council's duties and functions as prescribed under applicable Federal law. Sets forth requirements for such State council's composition, including representation of business and industry, labor and community-based organizations, and State and local entities. Allows a State that receives financial assistance under an applicable program council to establish a consolidated council which shall have the authority and perform the duties, of a State council and an applicable program council. Makes conforming and technical amendments to the following Federal laws having applicable programs for purposes of such State human resource investment council: (1) the Adult Education Act; (2) the Carl D. Perkins Vocational and Applied Technology Education Act; (3) the JTPA; (4) the Wagner-Peyser Act; and (5) the JOBS program under AFDC provisions of the Social Security Act. Makes conforming and technical amendments to the following other Federal laws with reference to such State job training coordinating councils and such consolidated councils: (1) the Individuals with Disabilities Education Act; (2) the Education and Training for a Competitive America Act of 1988; (3) the Displaced Homemakers Self-Sufficiency Assistance Act; and (4) the National and Community Service Act of 1990. Title III: Nontraditional Employment for Women - Nontraditional Employment for Women Act - Amends JTPA to define "nontraditional employment," as applied to women, to refer to occupations or fields of work where women comprise less than 25 percent of the individuals employed. Requires service delivery area (SDA) job training plans to include: (1) goals for the training of women in nontraditional employment and the training-related placement of women in nontraditional employment and apprenticeship; (2) a description of efforts to be undertaken to accomplish such goals, including efforts to increase awareness of such training and placement opportunities; and (3) procedures for annual reporting of the extent to which the SDA has met such goals and of a statistical breakdown of women trained and placed in nontraditional occupations, including specified types of information. Requires the State Governor's coordination and special services plan also to include such goals and descriptions of efforts for the training and placement of women in nontraditional employment under JTPA and the Carl D. Perkins Vocational and Applied Technology Education Act. Directs the State job training coordinating council to: (1) review, summarize, and annually disseminate the results of SDAs' and Governor's efforts to train and place women in nontraditional employment; and (2) obtain from the sex equity coordinator under the Carl D. Perkins Vocational and Applied Technology Education Act a summary of activities and an analysis of results under that Act and disseminate such summary annually. Requires State education coordination grant recipients to provide statewide coordinated approaches, including model programs, to train, place, and retain women in nontraditional employment. Allows the use of funds under title II (Training Services for the Disadvantaged) of JTPA for outreach activities relating to education, training, work experience, and retention of women in nontraditional employment. Directs the Secretary of Labor to use a specified portion of funds for national activities under JTPA for FY 1992 through 1995 to make grants to States to develop demonstration and exemplary programs to train and place women in nontraditional employment. Limits such grants to no more than six per fiscal year. Allows States receiving such assistance to award grants to service providers and SDAs under specified conditions. Directs the Secretary of Labor to report, with recommendations, to the Congress within five years on the extent of success of States and SDAs, and the effectiveness of such demonstration programs, in training, placing, and retaining women in nontraditional employment. Declares that nothing in this Act shall be construed to mean that the Congress is taking a position on the issue of comparable worth. Provides that failure to meet the goals in this Act shall not itself constitute a violation of title VII of the Civil Rights Act of 1964 or any other Federal law prohibiting discrimination on the basis of race, color, religion, sex, national origin, handicap, or age.
United States · United States Congress · 26 November 1991
Amends the Employee Retirement Income Security Act of 1974, with respect to single-employer pension plans, to provide that an affected air carrier shall be considered under common control with all related persons (i.e., those with which it was under common control on a specified date or their successors, and not only with those persons described under specified provisions), if an individual possesses direct or indirect power to direct or cause the direction of the management and policies of such affected air carrier of which that individual was the accountable owner.
United States · United States Congress · 26 November 1991
Temporary Protected Status for Haitians Act of 1991 - Provides for temporary protected status for certain Haitian nationals. States that it is U.S. policy to strongly encourage members of the Organization of American States to protect Haitians who have fled their country.
United States · United States Congress · 26 November 1991
Expresses the sense of the Congress regarding: (1) visionary art as a national treasure; and (2) the American Visionary Art Museum as a national repository and educational center for such art.
United States · United States Congress · 26 November 1991
Calls on President Mobutu of Zaire to step down and permit the transitional government to return the country to democratic rule. Condemns all violations of human rights in Zaire. Supports: (1) the aspirations of the Zairean people for democratic change; and (2) the sovereign national conference to form the transitional government as soon as possible to organize free and democratic elections. Invites the international community of nations to express concern with respect to the repression and corruption of the Mobutu regime and to support the Zairean democratic forces' desire for peaceful change. Calls upon the President of the United States to: (1) urge that an appropriate peacekeeping force be brought into Zaire to ensure stability during the political transition process; and (2) express his willingness to offer appropriate assistance to implement any future international peacekeeping arrangement.
United States · United States Congress · 25 November 1991
Declares that, notwithstanding any other provision of law, Federal loan insurance may be provided under specified provisions of the Public Health Service Act to new and previous borrowers in FY 1992. Sets the ceiling for the total principal amount of new loans made and installments paid in that year.
United States · United States Congress · 25 November 1991
Establishes a Commission on the Bicentennial of the United States' Democratic Party to coordinate ceremonial events and related activities during 1992. Requires the Commission to submit periodic reports and a final one to the Speaker of the House of Representatives and the President Pro tempore of the Senate on its activities. Terminates the Commission on February 13, 1993, unless otherwise provided by law.
United States · United States Congress · 22 November 1991
Amends title XVIII (Medicare) of the Social Security Act to eliminate the annual cap on the amount of payment for outpatient physical therapy and occupational therapy services under (Medicare) part B (Supplemental Medical Insurance).
United States · United States Congress · 22 November 1991
New Columbia Admission Act - Declares the State of New Columbia (presently, the District of Columbia) to be a State of the United States of America. Admits New Columbia into the Union on an equal footing with the other States in all respects. Reserves Federal title to certain lands and property, the National Capital Service Area. Directs the Governor to submit the Governor's request regarding the amount of an annual Federal payment to the Congress not less than seven months before the beginning of a fiscal year for which a request is made. Requires the request to contain a report on services rendered to the Federal Government, potential revenues lost because of the presence of the Federal Government, and potential revenues gained because of the presence of the Federal Government. Sets forth election protocol for popular ratification of statehood. Provides for election of one member of the House of Representatives as well as two Senators. Maintains the laws that were territorially in effect. Continues any law suits already pending in District of Columbia courts. Establishes a Statehood Transition Commission.
United States · United States Congress · 20 November 1991
Condemns the arrest of certain Kenyan opposition leaders for the peaceful expression of their political views and the Government of Kenya's suppression of a specified rally sponsored by the Forum for the Restoration of Democracy. Urges the Kenyan Government to release those arrested and to permit the free expression of political views. Commends the actions of the U.S. Government in support of freedom of expression, democracy, and human rights in Kenya. Calls upon the President to ensure that U.S. development assistance bears a relation to the Kenyan Government's progress toward an open political system and respect for human rights. Urges the President to reassess whether to continue the International Military Educational Training program for Kenya. Suspends economic and military assistance to Kenya. Waives such suspension if the President reports to the appropriate congressional committees that the Kenyan Government has: (1) released political detainees and ended the prosecution of individuals for the expression of their political beliefs; (2) ceased mistreatment of prisoners; and (3) restored judicial independence and freedom of expression.
United States · United States Congress · 14 November 1991
Expresses the sense of the Congress that: (1) the President should suspend all International Military Educational Training Program funds to the Government of Indonesia, request a report to the UN General Assembly by the United Nations (UN) Special Rapporteur on Torture on the November 12, 1991, massacre of civilians in East Timor by Indonesian security forces, support the introduction of a resolution in the General Assembly instructing the UN Commission on Human Rights to appoint a Special Rapporteur for East Timor, and request that the Indonesian Government permit an investigation by the UN Special Rapporteur on Summary and Arbitrary Executions of the situation in East Timor and elsewhere in Indonesia and establish an independent commission to investigate the cause of the atrocity and to assist the prosecution of those responsible for the massacre; (2) the American Ambassador to Indonesia should immediately visit East Timor to investigate reports of the atrocity and of additional repression by Indonesian authorities; (3) the American policy of de facto acceptance of Indonesia's incorporation of East Timor should be reassessed.
United States · United States Congress · 13 November 1991
Justice for Wards Cove Workers Act - Amends the Civil Rights Act of 1991 to remove a provision excluding from application of the Act any disparate impact case filed before March 1, 1975, and decided after October 30, 1983. (Wards Cove Packing Co. Inc. v. Antonio, 1989, held that, in cases brought under Title VII of the Civil Rights Act of 1964, the burden is on the plaintiff to prove an employer had no business necessity for a practice with discriminatory effects.)
United States · United States Congress · 7 November 1991
Refugee Resettlement Reform Act of 1991 - Amends the Immigration and Nationality Act to authorize the Secretary of State to make refugee determinations in instances where the Attorney General can not expeditiously do so. Changes the deadline for annual refugee admission determinations. Replaces the current Office of Refugee Resettlement with an Administration on Refugee and Migration Affairs. Requires the Secretary of State and the Secretary of Health and Human Services to consult with appropriate State, local, and private entities concerned with refugee resettlement. Revises State refugee resettlement administrative and case management provisions. Provides for earlier Federal reimbursement of State cash and medical assistance expenses. Provides flexibility for State use of social services funds. Obligates specified refugee resettlement assistance for schools, hospitals, and employment services in heavily impacted localities. Authorizes a refugee loan program through FY 1994 for social services leading to employment. Authorizes appropriations through FY 1998. Amends the Refugee Education Assistance Act of 1980 to authorize appropriations through FY 1998.
United States · United States Congress · 7 November 1991
Health Promotion and Disease Prevention Act of 1991 - Title I: Health Promotion and Disease Prevention Assistance - Health Promotion and Disease Prevention Assistance Act of 1991 - Subtitle A: Preventive Health and Health Services Block Grant - Amends the Public Health Service Act to authorize appropriations for block grants. Modifies requirements regarding: (1) State reports to the Secretary of Health and Human Services; (2) health status indicators and reports; (3) application requirements; and (4) health promotion and disease prevention related to women's health. Amends the Year 2000 Health Objectives Planning Act to authorize appropriations to carry out the Act and to establish and operate State Health Objectives Advisory Committees under specified provisions of the Public Health Service Act. Amends the Public Health Service Act to authorize appropriations for centers for research and demonstration of health promotion and disease prevention. Subtitle B: National Health Objectives Project Grants to States - Requires appropriations exceeding a certain amount under general block grant authorizations to be used to carry out this subtitle. Provides for the amount of the allotment to each State and each Indian tribe or tribal organization. Provides for the uses of the funds, including assessing public health needs and health status and providing other types of assistance. Requires a State to: (1) develop a State health objectives plan containing at least five objectives from the national objectives list described by the Secretary; and (2) establish a State Health Objectives Advisory Committee. Directs the Secretary to establish: (1) the National Health Objectives Advisory Committee; (2) national health priorities, including three core priorities which must be included in each State plan; and (3) an estimate of the personnel and training needed to accomplish the national priorities. Subtitle C: Categorical Programs - Mandates grants for: (1) demonstration projects for preventing conditions or diseases affecting women; (2) demonstration projects for the promotion of women's health; and (3) development and dissemination of information on health promotion and disease prevention related to women's health. Authorizes establishment of a national information clearinghouse to disseminate information concerning prevention of injuries in locations not covered by the Occupational Safety and Health Act of 1970. Authorizes grants and contracts to help public schools implement programs to prevent injuries. Mandates grants for the establishment of ten demonstration projects for the prevention of injuries in locations not covered by the Occupational Safety and Health Act of 1970. Authorizes appropriations to carry out injury research and control provisions. Establishes the Office of Adolescent Health. Sets forth Office activities, including: (1) establishing a national clearinghouse; (2) establishing the National Advisory Committee on Adolescent Health; and (3) developing a national strategic plan to access adolescent health issues. Mandates grants and contracts for multidisciplinary projects to: (1) use innovative methods to train health care practitioners to serve adolescents; and (2) demonstrate and evaluate innovative models to prevent adolescent violence. Authorizes appropriations. Requires grantees under provisions relating to community programs on childhood lead poisoning: (1) to provide screening, referral for both treatment and environmental intervention (currently, for treatment), and education; and (2) with regard to services provided under title XIX (Medicaid) of the Social Security Act, to be or work with a qualified Medicaid provider. Revises other requirements. Authorizes appropriations. Authorizes setting aside a specified percentage of amounts appropriated for related programs in addition to the grants. Establishes: (1) a national program to educate health professionals and paraprofessionals and the general public on lead poisoning; (2) a concerted technology assessment and epidemiology program on lead poisoning; and (3) the Interagency Task Force on the Prevention of Lead Poisoning. Authorizes appropriations to carry out provisions relating to the prevention and control of sexually transmitted diseases. Authorizes grants to determine: (1) the prevalence, mortality rates, and stage at diagnosis of prostate cancer; and (2) current prostate cancer screening and diagnosis practices and their effectiveness. Mandates grants for demonstration projects for the prevention of diseases that disproportionately affect minorities. Authorizes appropriations. Title II: Coordination of Health Promotion and Disease Prevention Activities - Health Promotion and Disease Prevention Coordination Act of 1991 - Modifies the duties of the Office of Disease Prevention and Health Promotion. Authorizes appropriations to carry out specified provisions relating to health information and health promotion. Establishes an interdepartmental group for coordination and cooperation regarding multidimensional school health programs. Removes references to health information from provisions authorizing the Secretary to conduct and to support through grants and contracts research on health information and health promotion, preventive health services, and education in the appropriate use of health care. Mandates an annual report to the President and appropriate congressional committees (currently, the President and the Congress) on the status of the nation's health (currently, on the status of health information and health promotion, preventive health services, and education in the appropriate use of health care). Modifies the report contents. Mandates, with respect to the health concerns of individuals from disadvantaged backgrounds, including racial and ethnic minorities, the development of model curricula and programs for health information and education for use in community and work place settings. Authorizes grants for improving the health status in minority communities through the operation of State offices of minority health established to monitor and facilitate the achievement of the Health Objectives for the Year 2000. Requires certain activities under the grants, including establishment within a State of a clearinghouse for certain information relating to minorities and health care. Authorizes appropriations. Terminates the program after aggregate appropriations reach a specified level. Title III: Centers for Disease Control and Prevention Foundation - Centers for Disease Control and Prevention Foundation Act of 1991 - Establishes the Centers for Disease Control and Prevention Foundation as a nonprofit corporation to support efforts to prevent disease, injury, and disability, and to promote health. Requires the Foundation to establish a fund to provide endowments for positions at the Centers for Disease Control and Prevention (endowment fund). Allows those positions to be held by individuals without regard to whether the individuals are Federal Government employees. Authorizes appropriations. Prohibits providing appropriated funds to the endowment fund. Authorizes the Secretary to make limited additional amounts available to carry out this title. Title IV: Preventable Cases of Infertility - Authorizes grants for carrying out certain activities, with regard to any treatable sexually transmitted disease that can cause infertility in women if treatment is not received for the disease, including counseling, screening, treatment, referrals, public information and education, training health care providers, and data collection. Authorizes appropriations. Authorizes grants for research on the manner in which service delivery under this title may be improved. Authorizes appropriations. Title V: Miscellaneous - Establishes the Secretary's Advisory Council on Health Promotion. Authorizes the transfer of a limited percentage of any appropriation under the Public Health Service Act to provide for the operation of the Council. Limits the total amount transferred in a fiscal year. Requires that the Surgeon General: (1) notify active members of the Commissioned Corps concerning guidelines for clinical practice developed or issued by the Public Health Service; and (2) ensure that the members are using the guidelines. Directs the Secretary to inform the Surgeon Generals of the uniformed services, the Secretary of Veterans Affairs, and the Administrator of the Office of Personnel Management concerning any guidelines for clinical practice developed by the Public Health Service. Amends the Comprehensive Smoking Education Act, the Education Amendments of 1978, the Veterans' Benefits and Services Act of 1988, the Public Health Service Act, the Health Omnibus Programs Extension of 1988, the Health Research Extension Act of 1985, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, and other Federal law to change certain references to the Centers for Disease Control to references to the Centers for Disease Control and Prevention. Mandates a study and report to specified congressional committees regarding bloodborne disease transmission in the health care setting.
United States · United States Congress · 7 November 1991
Health Professions Training and Nurse Education Improvement and Reauthorization Act of 1991 - Title I: Provisions Relating to Title VII - Health Professions Training Improvement and Reauthorization Act of 1991 - Subtitle A: General Provisions - Amends title VII (Health Research and Teaching Facilities and Training of Professional Health Personnel) of the Public Health Service Act to change the composition of the National Advisory Council on Health Professions Education and establish the Subcommittee on Allied Health. Prohibits making a grant, loan guarantee, or interest subsidy payment to specified types of educational institutions and programs which discriminate on the basis of race, color, religion, gender, national origin, age, disability, marital status, or educational affiliation (currently, on the basis of sex). Adds graduate programs in clinical social work to the list of institutions and programs covered. Modifies requirements and authorizations concerning the collection and reporting of certain data about specified types of health professionals. Requires all grant or contract applicants under title VII to instruct all trainees regarding precautions to prevent transmission of bloodborne diseases. Sets forth priorities in the awarding of competitive grants under titles VII or title VIII (Nurse Education) of the Act. Subtitle B: Student Assistance - Sets forth limits on the total principal amount of new loans made and installments paid for specified fiscal years under the Federal program of insured loans to health professions graduate students. Extends the date after which insurance may not be granted for loans or installments. Sets forth additional circumstances under which principal repayment may be deferred. Modifies loan consolidation requirements, including removing provisions prohibiting, in certain circumstances, the inclusion of such an insured loan in a consolidated loan under the authority of the Student Loan Marketing Association. Prohibits interest on such loans from being compounded more frequently than annually (currently, semiannually). Sets a maximum rate of interest. Provides for a quarterly special allowance to eligible loan holders based on a percentage of the unpaid principal of all eligible loans held by that holder. Requires an increase in the allowance if not promptly paid. Allows the educational institution or program attended by the borrower to assist in the collection of a delinquent loan by providing information on the borrower to lenders and holders. Mandates performance standards and fees to be paid by lenders and holders for the servicing of loans and for the processing of loan default claims. Requires (currently, allows) reduction in Federal payments to borrowers who are practicing their professions and have defaulted on their loans. Modifies the circumstances under which a lender or holder is not required to prosecute an action for default. Requires assessment of a risk-based premium on an eligible borrower and, if required, an eligible institution that is based on the default rate of the eligible institution involved. Allows an institution to pay off the outstanding principal and interest owed by defaulters to reduce the risk category of the institution. Removes provisions regulating premiums for insurance on the loans. Bars Federal or State time limits on enforcement of repayment of the loans. Allows the student loan insurance fund to be used for making payments in connection with the administration as well as for the collection or default of insured loans. Authorizes the use of a specified amount for the Office for Health Education Assistance Loans. Requires that borrowers under the loan insurance program who enter and remain in specified primary care fields receive preference for participation in the National Health Service Corps Loan Repayment Program. Increases the maximum amount which may be repaid per year in return for the borrower serving in a health professional shortage area. Cancels the borrower's repayment obligation on death or total permanent disability (currently, on death). Limits discharge through bankruptcy. Mandates a report to specified congressional committees regarding the default rates for each institution, lender, and loan holder. Modifies the authority of the Secretary of Health and Human Services to issue regulations regarding specified aspects of the loan insurance program. Requires each participating institution to have an annual workshop on the requirements of the program and require all student borrowers to attend. Establishes, in the Bureau of Health Professions, the Office for Health Education Assistance Loans to achieve a reduction in the number and amounts of defaults on loans made or guaranteed under specified provisions. Authorizes appropriations for Federal capital contributions to student loan funds under specified provisions. Subtitle C: Direct Student Loan Health Demonstration Program - Establishes a direct student loan health demonstration program to make assistance available to certain institutions for those institutions to use to make direct loans to health professions students. Directs the Secretary to borrow up to a specified amount from the Secretary of the Treasury each year to provide the assistance to the institutions. Authorizes selection of up to 20 eligible institutions for the program. Sets forth institutional eligibility and other requirements. Makes student borrowers under this program ineligible for loans under other specified provisions. Requires certain collection efforts. Terminates the authority to make loans under these provisions five years after enactment. Modifies the loan repayment program for allied health personnel to allow repayment in exchange for service in a medically underserved or rural community that can demonstrate a shortage of allied health professionals in a recognized discipline. (Current law allows repayment in exchange for service in one of a list of types of facilities and agencies.) Authorizes appropriations for scholarships for students in specified health fields schools who are of exceptional financial need. Repeals provisions mandating grants for medical school scholarships for individuals agreeing to enter family practice (known as Lister Hill scholars). Authorizes appropriations for scholarships for individuals from disadvantaged backgrounds. Modifies eligibility requirements for individuals to participate in a loan repayment program regarding service on the faculties of certain health professions schools. Limits payments to 20 percent of the principal and interest due on a loan (currently, 50 percent) of the principal and interest due on a loan for a given repayment year). Authorizes appropriations. Subtitle D: Grants and Contracts for Programs and Projects - Modifies application requirements and priorities regarding grants to establish, maintain, or improve departments of family medicine. Authorizes appropriations. Requires that agreements for developing and operating area health education center programs remain in effect for six years. Sets forth priorities. Mandates contracts to health education and training centers to improve services along the U.S.-Mexico border and in other high-impact urban or rural areas (currently, along the U.S.-Mexico border). Sets forth priorities. Authorizes agreements with eligible schools of medicine and osteopathic medicine for the planning, development, and operation of State supported area health education center programs meeting specified requirements. Authorizes appropriations. Requires matching non-Federal contributions. Adds a school of osteopathic medicine, a school of public health, and a graduate program in clinical psychology to the definition of "health professions school" for provisions mandating grants or contracts (currently, mandating grants) for programs of excellence in health professions education for minority individuals. Authorizes appropriations for such grants. Allows grants and contracts under existing provisions to be used to: (1) plan, develop, and operate, or participate in (currently, to plan, develop, and operate) a professional training program, including a residency or internship program (currently a residency program) in internal medicine or pediatrics for allopathic and osteopathic students, interns, residents, or practicing physicians (currently, for residents); and (2) provide financial assistance to allopathic and osteopathic students, interns, residents, practicing physicians, or other medical personnel (currently, to residents) who plan to work in general internal medicine and general pediatrics. Authorizes appropriations. Modifies eligibility requirements. Allows grants and contracts for educational assistance to individuals from disadvantaged backgrounds to be used for graduate programs in clinical social work. Modifies preferences (currently, priorities) in making the grants and contracts. Authorizes appropriations. Removes provisions setting aside certain funds for specified purposes. Authorizes limited payment of stipends. Authorizes appropriations for grants for retention programs for health professions schools with individuals with disadvantaged backgrounds. Authorizes grants and contracts to increase the number of underrepresented minority faculty at certain types of health professions schools. Authorizes appropriations. Replaces provisions authorizing grants for two-year schools of medicine or osteopathy with provisions authorizing grants and contracts for studies and demonstration projects regarding health professions education, licensing, credentialing, continuing competency, and discipline. Replaces provisions authorizing grants and contracts for model projects on faculty and curriculum development and development of new clinical training sites with provisions authorizing grants and contracts regarding chiropractic health care. Repeals provisions authorizing grants and contracts for training in preventive medicine. Transfers and authorizes appropriations for remaining similar provisions. Authorizes appropriations for grants and contracts for training physician assistants. Authorizes appropriations for grants and contracts for: (1) studies and demonstration projects regarding health professions education, licensing, credentialing, continuing competency, and discipline; (2) chiropractic health care; and (3) certain projects with respect to hospitals and schools of podiatric medicine. Amends provisions relating to training with respect to acquired immune deficiency syndrome (AIDS) to modify eligibility for grants and contracts and allow such awards to be used with regard to: (1) faculty, students, and health professions practitioners (currently, faculty and students); (2) individuals infected with the human immunodeficiency virus (HIV) and individuals at high risk for such infection (currently, individuals with AIDS); and (3) developing curricula for care, treatment, and prevention (currently, care and treatment). Modifies preferences in making grants. Authorizes appropriations for: (1) the grants; and (2) grants to assist dental schools and certain programs with respect to oral health care to patients with AIDS. Modifies eligibility requirements regarding grants and contracts relating to geriatric education. Allows certain grants and contracts to be used to train physicians and dentists to teach geriatric medicine, geriatric psychiatry, or geriatric dentistry (currently, to teach geriatric medicine or geriatric dentistry). Modifies the associated training options. Authorizes appropriations. Subtitle E: Personnel in Public Health, Health Administration and Allied Health - Adds references to Healthy People 2000: National Health Promotion and Disease Prevention Objectives to provisions authorizing grants and contracts for certain special projects involving schools of public health. Sets forth purposes of such projects. Authorizes appropriations. Authorizes appropriations for grants for: (1) graduate programs in health administration; and (2) traineeships for students in other graduate programs. Requires that public health traineeships under existing provisions be used to increase the number of graduate students preparing to serve the Healthy People 2000 objectives. Sets forth priorities and preferences and modifies program requirements. Authorizes appropriations. Replaces provisions authorizing grants and contracts relating to the training of allied health professionals with provisions authorizing grants and contracts for: (1) increasing program enrollments or establishing programs to increase the number of individuals in allied health professions with demonstrated personnel shortages to provide individuals to serve in medically underserved or rural communities; (2) planning, developing, establishing, and operating certain allied health training programs; and (3) training centers for allied health professions for student traineeships. Authorizes appropriations. Allows grants and contracts for training of allied health professions to be used with regard to postbaccalaureate (currently, doctoral or postdoctoral) training. Sets forth preferences. Authorizes appropriations. Replaces provisions authorizing grants and contracts for educational assistance to disadvantaged individuals in allied health training with provisions establishing the Division of Allied Health in the Bureau of Health Professions. Subtitle F: Miscellaneous Programs - Modifies the functions and composition of and authorizes appropriations for the Council on Graduate Medical Education. Modifies the uses of grants and contracts under provisions relating to rural health training (currently, to health care for rural areas). Changes eligibility requirements. Removes provisions mandating a study of manpower training needs in rural areas. Authorizes appropriations. Establishes the Council on Medical Licensure to take specified actions, including giving advice regarding the establishment and operation of a system of verifying and maintaining information on the qualifications of individuals to practice medicine. Directs the Secretary of Health and Human Services to determine whether the system is operating efficiently and without discrimination on the basis of race, color, religion, gender, national origin, age, disability, marital status, or educational affiliation and, if the system fails either test, to make recommendations regarding establishment of an alternative system. Mandates an annual study of at least ten States regarding licensure of domestic and foreign medical graduates. Subtitle G: Repealers and Technical and Conforming Amendments - Repeals provisions relating to grants and loan guarantees and interest subsidies for construction of teaching facilities for medical, dental, and other health personnel. Modifies testing requirements for admission to the United States of aliens who are graduates of unaccredited medical schools. Title II: Provisions Relating to Title VIII - Nurse Education Improvement and Reauthorization Act of 1991 - Amends title VIII (Nurse Education) of the Public Health Service Act to authorize grants and contracts for special projects to: (1) provide education for nurses serving in medically underserved or rural communities (currently, provide continuing education for nurses); and (2) provide nursing education courses to rural areas (currently, to rural areas through telecommunications via satellite). Removes provisions authorizing grants and contracts for: (1) facilitating agreements between health facilities and nursing students regarding repayment of educational loans by the facilities in return for service by the students in the facilities; and (2) geriatrics health education centers. Allows grants for innovative hospital nursing practice models to also be used for models in primary care and long-term care settings. Authorizes appropriations. Authorizes appropriations for grants and contracts relating to advanced nurse education. Removes provisions requiring certain special considerations in making grants and contracts for the education of nurse practitioners and nurse midwives. Authorizes appropriations. Authorizes grants and contracts for support, including traineeships and fellowships, to develop resources or strengthen programs or faculty to address the National Health Objectives for the Year 2000. Authorizes appropriations. Authorizes appropriations for grants and contracts to increase nursing education opportunities for individuals from disadvantaged backgrounds. Makes non-nurses as well as nurses eligible for traineeships for masters and doctoral degree nursing programs, requiring non-nurses to first complete basic nursing preparation. Removes provisions authorizing grants for postbaccalaureate fellowships for faculty for certain studies. Authorizes appropriations for grants and contracts for advanced nurse education. Authorizes appropriations for grants for: (1) traineeships for licensed registered nurses to become nurse anesthetists and for developing and operating programs for the education of nurse anesthetists; and (2) improvement of existing programs for the education of nurse anesthetists. Authorizes appropriations for loan repayments, under existing provisions, in exchange for service in certain health facilities. Repeals provisions authorizing appropriations for allotments to schools of nursing for Federal capital contributions to their student loan funds. Amends remaining provisions relating to Federal capital contributions to allow allotted funds which have been returned to the Secretary of Health and Human Services to be available until expended (currently, to be available in the fiscal year of return and the subsequent fiscal year). Modifies requirements regarding the capital distribution of the balance of the loan fund. Requires certain scholarship recipients to serve as a nurse for a period equal to the number of years of the scholarship (currently, for a period of not less than two years). Authorizes appropriations. Repeals provisions authorizing loans to nursing students who enter into agreements with health facilities to engage in employment as nurses during a period of time not more than the period during which the students receive loan assistance. Prohibits making grants, loan guarantees, or interest subsidy payments under title VIII (Nurse Education) of the Public Health Service Act to any school of nursing which discriminates on the basis of race, color, religion, gender, national origin, age, disability, marital status, or educational affiliation (currently, on the basis of sex). Requires a report to specified congressional committees to be submitted every two years (currently, biannually). Authorizes grants for fellowships to licensed vocational or practical nurses, nursing assistants, and other paraprofessional nursing personnel to assist in obtaining professional nursing education to attain the level of registered nurse. Requires a fellowship recipient to contract with a long-term care facility certified under titles XVIII (Medicare) or XIX (Medicaid) of the Social Security Act to engage in full-time employment at the registered nurse level for a period not less than the period of assistance to the fellowship recipient. Authorizes appropriations. Authorizes grants to nursing schools for the establishment or expansion of clinical training sites or training affiliations to provide training and experience in primary care. Authorizes appropriations. Title III: Miscellaneous Provisions - Provides for the continuation of any grant or contract in effect on enactment of this Act for that grant or contract's full duration, notwithstanding termination by any provision of this Act.
United States · United States Congress · 7 November 1991
Emergency Unemployment Compensation Act of 1991 - Title I: Emergency Unemployment Compensation Program - Establishes an emergency unemployment compensation program. Allows any State to enter into and participate in an agreement with the Secretary of Labor (the Secretary) under which the State agency which administers the State unemployment compensation law will make payments of emergency unemployment compensation: (1) to individuals who have exhausted all rights to regular compensation under State law, have no rights to such regular compensation or any additional State or Federal compensation, and are not receiving Canadian compensation; and (2) for any week of unemployment beginning in the individual's eligibility period. Sets forth provisions relating to exhaustion of regular benefits and weekly amount of emergency benefits equal to regular benefits. Authorizes a State Governor, in a period of a seven or eight percent total unemployment rate in that State (as defined under this Act), to elect to trigger an extended compensation period to provide emergency unemployment compensation to individuals who have exhausted their rights to regular compensation under State law. Requires a State, under such an agreement, to establish an emergency unemployment compensation account with respect to the benefit year of each eligible individual who files an application. Limits benefit payments to not more than the amount in the individual's account. Sets forth formulas for determining the amount in such account. Provides that the applicable limit in such account shall be equal to: (1) 20 for an eight-percent period, i.e. one triggered by a total unemployment rate (TUR) of eight percent or more in the State, seasonally adjusted, for the most recent six calendar months with available data; (2) 13 for a seven-percent period; and (3) seven for a six-percent period or for any other period. Sets forth special rules relating to such applicable limits. Requires reduction in such account by the amount of extended benefits received by the individual relating to the same benefit year under the Federal-State Extended Unemployment Compensation Act of 1970. Sets the weekly benefit amount at the amount of regular compensation (including dependents' allowances) payable under the State law to the individual for such week for total unemployment. Provides for determination of periods and applicable triggers. Provides for a minimum period of at least 13 weeks. Provides, in general, that no emergency unemployment compensation shall be payable to any individual under this Act for any week beginning: (1) before the later of November 17, 1991, or the first week following the week in which an agreement under this Act is entered into; or (2) after August 1, 1992. Sets forth transition and reachback provisions for the eligibility of certain individuals for such benefits, as exceptions to such general rule. Provides for payments to States having such agreements for emergency unemployment compensation. Sets forth financing provisions. Requires that funds in the extended unemployment compensation account of the Unemployment Trust Fund be used to make payments to States having agreements under this Act. Sets forth provisions relating to fraud and overpayments. Defines the eligible period under this Act. Provides that in no event shall an individual's period of eligibility include any weeks after the 39th week after the end of the benefit year for which the individual exhausted rights to regular compensation or extended compensation. Title II: Demonstration Program to Provide Job Search Assistance - Directs the Secretary to carry out a demonstration program to determine the feasibility of implementing job search assistance programs. Requires selection of three States to participate in such program, based on specified criteria. Requires that at least one of these States will replicate a prior successful demonstration project for job search assistance. Sets forth requirements for the program agreement with these States. Requires a job search assistance program, for purposes of this title, to: (1) require certain unemployment compensation recipients to participate in a qualified intensive job search program (the program) after receiving such compensation for at least six but not more than ten weeks during any benefit year; (2) entitle such individuals to an intensive job search program voucher; and (3) disqualify those who do not satisfactorily participate in such program from receiving such compensation for a specified period of not more than ten weeks. Makes such program requirements applicable to such recipients if, during a specified three-year period, they had at least 126 weeks of employment at wages of $30 or more a week with their last employer (or an equivalent amount computed under prescribed regulations). Sets forth exceptions to such program requirements and program qualifications. Provides that such vouchers entitle the organization (including the State employment service) providing the program to a payment from the State agency equal to the lesser of: (1) the reasonable costs of providing the program; or (2) the average weekly benefit amount in the State. Requires Federal payments from the extended unemployment compensation account to each participating State's account in the Unemployment Trust Fund in an amount equal to the payments made by the State agency for such program vouchers. Provides for payments on a calendar month basis, and for certification by the Secretary. Directs the Secretary to submit two interim reports and a final report to the Congress on the demonstration program under this title. Title III: Other Provisions - Amends specified Federal law to repeal certain limitations on payment of unemployment compensation to former members of the armed forces. Reduces the length of required active duty by reserves for purposes of such payment. Amends the Federal Unemployment Tax Act (FUTA) provisions of the Internal Revenue Code to allow optional unemployment benefits for certain school employees, by making denial of such benefits discretionary rather than mandatory. Amends the Railroad Unemployment Insurance Act to provide temporary extended railroad unemployment insurance benefits, to railroad employees who have less than ten years of service, for certain periods of high national unemployment. Provides for such extended benefits for up to 13 weeks (65 days of unemployment), through July 4, 1992. Sets forth transition and reachback provisions. Amends the Social Security Act to establish an Advisory Council on Unemployment Compensation. Directs the Secretary to establish such a council by February 1, 1992, and every fourth year thereafter. Requires each such council to evaluate the unemployment compensation program. Sets forth membership and staff provisions. Requires each council to report to the President and the Congress by February 1 of the second year following the year in which it is required to be established. Requires the first Council report to include findings and recommendations on determining eligibility for extended unemployment benefits on the basis of unemployment statistics for regions, States, or subdivisions of States. Directs the Secretary, within 12 months, to report to the Congress a proposal for revising the method of allocating grants among the States for administration of the unemployment insurance program. Prohibits the Secretary from revising such method until 12 months after such report is submitted to the Congress. Directs the Secretary to give special consideration to providing services to dislocated workers in the Washington and Oregon timber industries in determining specified programs and activities to be funded under the Job Training Partnership Act in FY 1991 and 1992. Title IV: Budgetary Provisions - Subtitle A: Emergency Treatment - Provides that the following emergency designation provisions shall take effect only if, on or before the enactment date of this Act, the President: (1) has not submitted to the Congress either of the two written declarations described under specified effectiveness provisions of subtitles B and C; or (2) has submitted to the Congress both of such declarations. Provides that all direct spending amounts provided, and all appropriations authorized, by this Act shall be treated as emergency requirements designated by the President and the Congress under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Subtitle B: Reductions in Foreign Aid and Other Spending - Provides that this subtitle shall take effect only if the President: (1) submits to the Congress, not later than the enactment date of this Act, a written declaration of need for reductions in foreign aid and other spending; and (2) has not submitted, on or before such date, the written declaration described in subtitle C. Part I: Foreign Aid Reductions - Provides for reductions in foreign aid. Decreases certain discretionary spending limits in new budget authority, and outlays (under the Congressional Budget Act of 1974, as amended by the Balanced Budget and Emergency Deficit Control Act of 1985) for specified international categories and discretionary categories. Prohibits any such reductions from being achieved through reduction of: (1) domestic discretionary spending; or (2) assistance to the Camp David countries. Part II: Collection of Nontax Debts - Amends the Deficit Reduction Act to 1984 to provide for permanent extension of provisions relating to collection of nontax debts owed to Federal agencies. Part III: Guaranteed Student Loans - Amends title IV (Student Assistance) of the Higher Education of 1965 (HEA) to revise provisions relating to the Stafford student loan program (including guaranteed student loans and federally-insured student loans). Requires, in the case of such student loan applicants over age 21, that the lender: (1) obtain a credit report; and (2) require a cosigner for such applicants who have adverse credit histories. Allows the lender to charge such applicants for the actual cost of such credit reports, up to $25. Requires the lender to obtain the borrower's driver's license number, if any, at the time of application for such a student loan. Directs eligible institutions to require borrowers of any student loan under HEA to supply the following exit interview information: (1) their expected permanent address after leaving the institution; (2) the name and address of their expected employer; and (3) the name and address of their next of kin. Requires student loan interest-subsidy insurance program agreements to require the lender to obtain the borrower's authorization for entry of judgment against the borrower in the event of default. Provides for wage garnishment for student loan collection. Authorizes a guaranty agency, or the Secretary where appropriate, to garnish the disposable pay of an individual to collect the amount owed or the required repayment, subject to certain conditions. Provides for data matching. Authorizes the Secretary of Education to obtain from Federal agencies specified information relating to an individual for student loan collection purposes. Amends the Higher Education Technical Amendments of 1991 (P.L. 102-26) to revise provisions relating to limitation of actions for collection of student loan repayments and grant overpayments. Subtitle C: Alternative Financing Provisions - Provides that this subtitle and parts II and III of subtitle B shall take effect only if the President: (1) submits to the Congress, not later than the enactment date of this Act, a written declaration of the need for the financing provisions under this subtitle; and (2) has not submitted, on or before such date, the written declaration described in subtitle B. Amends the Federal Unemployment Tax Act (FUTA) provisions of the Internal Revenue Code to extend the surtax imposed on employers through 1996. Amends the Internal Revenue Code to limit the use of the preceding year's tax for purposes of determining individual estimated tax payments. Subtitle D: General Budgetary Provisions - Exempts payments (including budget authority and outlays for administrative expenses incurred in connection with this Act) relating to emergency unemployment compensation under titles I, II, and III of this Act from any order issued under specified sequestration provisions of the Balanced Budget and Emergency Deficit Control Act of 1985. Provides that all receipts and direct spending amounts provided, and all appropriations authorized, by this Act shall be counted as zero for all purposes under the Balanced Budget and Emergency Deficit Control Act of 1985 and for purposes of all points of order under the Congressional Budget Act of 1974, with specified exceptions for considering such amounts for: (1) construction of the baseline for the President's budget and the congressional budget; and (2) adjustment of the maximum deficit amount to reflect up-to-date reestimates of the effects of this Act on the deficit.
United States · United States Congress · 7 November 1991
States that the Administrator of the Environmental Protection Agency should: (1) accelerate the phaseout schedules and final phaseout dates of chlorofluorocarbons, carbon tetrachloride, methyl chloroform, and halons required pursuant to the Clean Air Act Amendments of 1990; (2) accelerate the phaseout schedules and final phaseout date of hydrochlorofluorocarbons that have relatively long atmospheric lifetimes, high ozone depletion potentials, or high global warming potentials; and (3) prioritize efforts to issue regulations providing for the recapture and recycling of ozone-destroying substances as used in appliances and motor vehicle air conditioners and the elimination of such substances as used in non-essential consumer products. Declares that the President should urge the contracting parties to the Montreal Protocol to: (1) accelerate the phaseout schedules and final phaseout date of ozone-destroying chemicals covered by the Protocol; (2) include hydrochlorofluorocarbons within the Protocol and provide for the most rapid phaseout of hydrochlorofluorocarbons with relatively long atmospheric lifetimes, high ozone depletion potentials, or high global warming potentials; (3) amend the Protocol to include recapture and recycling provisions and to prohibit the venting or releasing of ozone-destroying chemicals from refrigeration and air conditioning units by a certain date; and (4) accelerate the compliance of developing countries with the terms of the Protocol.
United States · United States Congress · 5 November 1991
Student Loan Marketing Association Financial Safety and Soundness Act of 1991 - Amends the Higher Education Act of 1965 (HEA) to provide for the financial safety and soundness of the Student Loan Marketing Association (Sallie Mae) (the Association). Requires the Association to furnish the Secretary of the Treasury (the Secretary) promptly with copies of all: (1) periodic financial reports it publicly distributes; and (2) reports on it prepared by nationally recognized statistical rating organizations. Authorizes the Secretary to appoint auditors to audit the Association from time to time. Directs the Secretary to: (1) conduct such studies as may be necessary to monitor the financial soundness and safety of the Association; and (2) upon determination that such soundness and safety are at risk, inform specified congressional committee officials and identify any corrective actions that should be taken. Requires the Association, if its capital ratio is less than two percent in any two consecutive calendar quarters, to submit a capital restoration plan within 60 days to the Secretary that will be adequate to cause its capital ratio to equal or exceed two percent within 36 months. Sets forth requirements for such capital restoration plan, including consultation, approval or disapproval or disapproval by the Secretary, and copies and reports to specified congressional committees. Prohibits the Association, if the Secretary determines that it has failed to make a good faith effort to implement such capital restroation plan, from dealing in any way in student loans insured under HEA by the Secretary of Education or by a guaranty agency (including making advances on security, purchasing, or repurchasing, selling or reselling, offering participations or pooled interests, or otherwise dealing in such loans). Allows the Associations, within 30 days after such a determination by the Secretary, to file a petition for review with the U.S. Court of Appeals for the District of Columbia Circuit. Sets a 60-day deadline for review by the Congress of material it receives from the Secretary of Education, the General Accounting Office, or the Congressional Budget Office relating to such requirements for the financial safety and soundness of the Association. Provides that the capital restoration plan of the Secretary shall take effect if the Congress does not take statutory action with respect to any such material by that deadline. Requires the Association, if the capital ratio is less than one percent at the end of its most recent calendar quarter to proceed with diligence to implement the most recently proposed plan with modifications the Secretary determines necessary to cause the capital ratio to equal or exceed two percent within 60 months (and, if it has not already submitted a capital plan, to do so within 14 days). Requires the Secretary to submit the plan to specified congressional committees. Requires the Secretary to submit to the Congressional Budget Office (CBO) and the General Accounting Office (GAO) a copy of its plan and any proposed modifications sent to and by the Secretary. Directs the CBO and the GAO to: (1) maintain the confidentiality of such information; and (2) if the Secretary does not approve a plan or modifies a plan where the capital ratio is less than one percent, report to specified congressional committees, with specified analyses of the Secretary's submissions and recommendations for steps the Association should take to increase its capital ratio without impairing its ability to perform its purpose and authorized activities. Directs the Secretary of Education to review the Secretary's specified submissions and report to specified congressional committees with: (1) a description of any administrative or legislative provisions governing the student loan programs which contributed to the decline in the Association's capital ratio; and (2) recommendations for administrative and legislative changes in student loan programs to maintain their orderly operation and enable the Association to fulfill its purpose and authorized activities consistent with the two percent minimum capital ratio. Deems the Association in compliance with specified requirements relating to two percent and one percent capital ratios if it is rated in the highest or next higest full rating categories by two nationally recognized statistical rating organizations without regard to the Association status as a federally chartered corporation. Sets forth provisions for the level of confidential treatment, by the Department of the Treasury, the Department of Education, CBO, and GAO, of information made available by the Association under this Act. Defines capital ratio.
United States · United States Congress · 5 November 1991
Commends the President and other executive branch officials for their involvement in diplomatic initiatives within the United Nations (UN) relating to the Western Sahara and for their commitment, in carrying out the bilateral relations of the United States, to a free and fair referendum on self-determination in the Western Sahara. Recognizes UN Secretary General Javier Perez de Cuellar's efforts in negotiating the terms of the peace plan adopted by the UN relating to the Western Sahara. Calls upon Morocco and the Polisario Front to comply with the terms of the peace plan as endorsed by the UN Security Council. Calls upon the President to: (1) continue strong advocacy of the peace plan; (2) ensure that independent international observers be allowed to monitor the referendum until its results have been published; and (3) take steps to ensure that the UN Security Council takes firm action in the event of any failure to comply with, or attempt to delay, the peace plan.
United States · United States Congress · 1 November 1991
Expresses the sense of the Senate that, unless the authorities and military forces conducting military operations against the Republic of Croatia immediately comply with the terms of the ceasefires previously negotiated by the European Community, United States policy should be to: (1) recognize the Republics of Slovenia and Croatia as independent states; (2) freeze all assets in the United States in which the Republic of Serbia has any interest and break off all commerce or any form of assistance or cooperation between the United States and Serbia; (3) offer humanitarian assistance to Croatia; (4) place Serbia on notice that continued military action will cause the United States to place this issue on the agenda of the United Nations Security Council as an international act of aggression and call for sanctions; and (5) require of Croatian authorities a clear commitment to protect the rights of Serbs living within Croatia and demand a formal commitment on their part to accept international inspection and, if necessary, arbitration to protect those rights.
![Official portrait of Sen. Kennedy, Edward M. [D-MA]](https://www.congress.gov/img/member/k000105_200.jpg)