United States · United States Congress · 20 June 1991
Anti-Gang Violence Act of 1991 - Title I: Gang Violence - Declares that drug trafficking and related gang violence require coordinated and immediate Federal action. Requires the Director of the Bureau of Alcohol, Tobacco and Firearms (BATF) to establish direct liaison with State and local law enforcement agencies having responsibility for gang investigations and efforts to combat gang-related firearms violations. Authorizes appropriations for FY 1992 to: (1) the BATF for the creation of a new Anti-Gang Unit; and (2) the Attorney General to provide prosecutors and support staff to aid the Unit. Directs the head of the unit to work with Federal, State, and local law enforcement agencies to coordinate the resources necessary to fight gangs. Authorizes the seizure and forfeiture of personal property subject to forfeiture under the Controlled Substances Act (CSA) in connection with an investigation of a violation of such Act. Prohibits the transportation of a minor to assist in avoiding detection or apprehension with respect to drug-related activity. Directs the court, in addition to any other fines imposed pursuant to the CSA, to impose a civil fine of $100,000 on a defendant found guilty of such offense, to be transferred to the Secretary of Health and Human Services for distribution to State and local agencies for juvenile drug rehabilitation through existing programs. Sets penalties for the distribution of firearms to a minor. Subjects an individual who possesses (under current law, uses or carries) a firearm during and in relation to a crime of violence or drug trafficking crime to specified terms of imprisonment. Urges the President to direct the Attorney General to establish a National Commission on Gang Intervention. Directs the Attorney General to: (1) acquire data on the incidence of criminal acts that involve gang violence for calendar years 1990 through 1995; and (2) publish an annual summary of such data. Authorizes appropriations for FY 1992 through 1997. Authorizes appropriations for FY 1992 to the Office of Justice Programs of the Department of Justice (DOJ) for anti-drug abuse grants. Specifies that such grants shall be allocated to State and local task forces that include law enforcement, educational systems, and community-based organizations and that have developed coordinated programs necessary to alleviate gang activity and drug trafficking. Encourages the States to separate in State and juvenile correctional institutions inmates who are identified as members of gangs to ease the violence in prisons between rival gang factions. Authorizes appropriations to the National Institute of Corrections of the Federal Bureau of Prisons to provide technical assistance to States to facilitate the separation of gang members in State prisons. Title II: Career Criminals - Declares that the intent of the Armed Career Criminal Act of 1984 was to enact a sentencing enhancement provision. Amends the Federal criminal code to bar imposition of specified repeat offender enhanced penalties based upon prior convictions obtained in violation of the Constitution. Authorizes appropriations for FY 1992 to the BATF for the Repeat Offender Program and anti-gang activities to hire additional special agent and support personnel. Requires: (1) the National Institute of Justice to conduct a study and to report on the profile and number of career criminals in America; and (2) the DOJ's Bureau of Justice Statistics to compile and maintain statistics for the number of arrests, prosecutions, and convictions nationwide and to publish and make available to the public annual reports. Title III: Narcotics Investigative Projects and Task Force Projects - Authorizes the payment of any expenses necessary for the implementation and execution of certain narcotics investigative and task force projects from the DOJ Assets Forfeiture Fund.
United States · United States Congress · 19 June 1991
Prohibits the proposed sale to the United Arab Emirates of AH-64 APACHE attack helicopters and related defense articles and services, and design and construction services described in the certification submitted to the Congress pursuant to the Arms Export Control Act on June 11, 1991.
United States · United States Congress · 13 June 1991
Campus Sexual Assault Victims' Bill of Rights Act of 1991 - Amends the Higher Education Act of 1965 (HEA) to require each eligible institution participating in any program under HEA title IV (Student Assistance) to include a statement of policy regarding the rights of victims of sexual assault, that complies with specified requirements, in its disclosure of campus security policy and campus crime statistics. Requires each institution of higher education to establish and implement a written policy establishing a campus sexual assault victims' bill of rights which provides that specified rights shall be accorded to such victims by all campus officers, administrators, and employees of such institution.
United States · United States Congress · 11 June 1991
Amends the Internal Revenue Code to provide for the treatment of rental and nonrental real estate activities under the limitations on losses from passive activities.
United States · United States Congress · 6 June 1991
Amends the Internal Revenue Code to allow a tax credit for a three-year credit period for a percentage of the investment in acid rain control property installed to comply with sulfur dioxide emission limitations under the Clean Air Act. Allows the use of tax-exempt facility bonds to finance acid rain control property. Allows a business credit for a percentage of the expenditures paid or incurred for coal cleaning minerals used to remove or reduce the sulfur content of coal. Excludes from gross income the value of clean air allowances allocated to the taxpayer under the Clean Air Act. Allows a 60-month amortization of acid rain control property.
United States · United States Congress · 5 June 1991
Campus Sexual Assault Victims' Bill of Rights Act of 1991 - Amends the Higher Education Act of 1965 (HEA) to require each eligible institution participating in any program under HEA title IV (Student Assistance) to include a statement of policy regarding the rights of victims of sexual assault, that complies with specified requirements, in its disclosure of campus security policy and campus crime statistics. Requires each institution of higher education to establish and implement a written policy establishing a campus sexual assault victims' bill of rights which provides that specified rights shall be accorded to such victims by all campus officers, administrators, and employees of such institution.
United States · United States Congress · 5 June 1991
Small Town Environmental Planning Act of 1991 - Requires the Administrator of the Environmental Protection Agency to establish a small community environmental compliance planning program for facilities that are owned or operated by, or under contract with, a small community, or with respect to which an environmental compliance activity is dependent. Provides for voluntary participation in such program. Requires the Administrator to publish a list of requirements under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, the Emergency Planning and Community Right-to-Know Act of 1986, the Resource Conservation and Recovery Act of 1976, the Federal Water Pollution Control Act, the Safe Drinking Water Act, the Clean Air Act, and the Toxic Substances Control Act to be addressed in small community environmental compliance plans. Provides for the annual review of such list. Directs the Administrator to: (1) publish guidelines for small communities or States responsible for the development of such plans; and (2) promulgate regulations setting forth the requirements for submission of such plans. Sets forth plan format requirements. Requires regulations, at a minimum, to: (1) identify areas of environmental regulation where there are significant problems in achieving compliance or noncompliance with implementation schedules under such Acts; and (2) estimate the amount of user fees necessary for the financing of environmental compliance activities at treatment or disposal facilities owned, operated, or under contract with small communities and assess the ability of residents to pay such fees. Directs small communities participating in the program to prepare plans. Authorizes State agencies to prepare plans for small communities without sufficient resources to do so. Sets forth provisions concerning plan approvals and modifications. Requires the Administrator to provide for a mechanism under which a small community may apply for a waiver with respect to regulations issued under the Acts identified by this Act. Permits the Administrator to waive requirements where the small community demonstrates that compliance with regulations is not necessary to protect human health and the environment. Requires the Administrator, as part of the program, to: (1) notify small communities of the regulations through methods providing information to the greatest number of small communities; and (2) implement a technical assistance program to aid small communities in the preparation of plans. Provides for waivers to plan requirements, as necessary, and for the assessment of administrative penalties against facilities failing to meet requirements.
United States · United States Congress · 4 June 1991
Directs the Secretary of Health and Human Services to treat physicians' services furnished in Lancaster County, Pennsylvania, as services furnished in a number II locality for purposes of determining the amount of payment for such services under part B (Supplementary Medical Insurance) of the Medicare program (title XVIII of the Social Security Act).
United States · United States Congress · 4 June 1991
Civil Rights and Remedies Act of 1991 - Amends Federal law to allow compensatory damages and equitable civil penalty for intentional employment discrimination on the basis of religion, sex, national origin, or disability. Limits nonpecuniary compensatory damages and the civil penalty to specified dollar amounts, with higher limits for employers with over 100 employees. Prohibits prejudgment interest on compensatory damages. Allows the equitable penalty when there is malice or reckless indifference to the federally protected rights of an aggrieved individual. Requires, if such a penalty is imposed, awarding attorney's and expert witness fees. Prohibits subtracting those fees from the penalty. Allows a court to direct that the penalty be expended, in whole or in part, to correct discriminatory practices at the place of employment or in the community in which the discriminatory practice occurred, using the funds for actions such as public awareness or education programs. Requires that any amounts of the equitable penalty not directed to be used for such corrective actions be deposited in the Equal Employment Enforcement Trust Fund established by this Act. Allows any party, if compensatory damages are sought, to demand a jury trial. Amends the Internal Revenue Code to establish in the Treasury the Equal Employment Enforcement Trust Fund consisting of amounts equivalent to the equitable civil penalties under this Act not used to take corrective actions where the discriminatory practice occurred. Requires that, as provided in appropriations Acts: (1) half of the amounts in the Fund be available for carrying out enforcement provisions of the Civil Rights Act of 1964; and (2) half be available for carrying out specified provisions of the Family Violence Prevention and Services Act. Declares that: (1) the rights and protections under the amendment made by this Act shall apply with respect to any employee in an employment position in the Senate and any employing authority of the Senate, with enforcement and adjudication within the exclusive jurisdiction of the Senate; and (2) provisions of this Act setting forth related requirements and procedures are enacted by the Senate as an exercise of the rulemaking power of the Senate and may be changed as any other rule of the Senate. Declares that: (1) the rights and protections under the amendment made by this Act shall apply with respect to any employee in an employment position in the House of Representatives and any employing authority of the House, with remedies and procedures as described in a specified House Resolution; and (2) the provisions of this Act relating to such Resolution are enacted by the House as an exercise of the rulemaking power of the House and may be changed as any other rule of the House. Declares that the rights and protections under the amendment made by this Act shall apply with respect to any employee in an employment position in an instrumentality of the Congress and any chief official of the instrumentality, with the chief official establishing the remedies and procedures to be used. Defines instrumentalities of the Congress to include the Architect of the Capitol, the Congressional Budget Office, the General Accounting Office, the Government Printing Office, the Office of Technology Assessment, and the United States Botanic Garden.
United States · United States Congress · 4 June 1991
Equal Employment Opportunity Act of 1991 - Amends the Civil Rights Act of 1964 to provide for the burdens of proof which must be met by the various parties when an allegation of an unlawful employment practice is based on an assertion that a particular employment practice or group of employment practices results in disparate impact. Declares that the mere existence of a statistical imbalance is not alone sufficient to establish a prima facie case of employment discrimination. Prohibits construing these provisions to overrule any existing case concerning whether recovery is available under title VII (Equal Employment Opportunities) of the Act under a comparable worth theory. Declares it an unlawful employment practice for a respondent, in connection with employment or promotion selection or referral, to adjust the scores of, use different cutoff scores for, or otherwise alter the results of, employment-related tests on the basis of race, color, religion, sex, or national origin, except to comply with a court order aimed at remedying past discrimination. Defines "required by business necessity" to mean that the challenged practice must: (1) in the case of practices involving selection, bear a manifest relationship to requirements for effective job performance; and (2) in the case of other practices, bear a manifest relationship to a legitimate business objective of the employer. Declares that it is the intent of the Congress, in specified provisions of this Act, to codify the meaning of business necessity used in Griggs v.Duke Power Co. and overrule Wards Cove Packing Co. v. Antonio . Declares that: (1) the rights and protections under the amendments made by this Act shall apply with respect to any employee in an employment position in the Senate and any employing authority of the Senate, with enforcement and adjudication within the exclusive jurisdiction of the Senate; and (2) provisions of this Act setting forth related requirements and procedures are enacted by the Senate as an exercise of the rulemaking power of the Senate and may be changed as any other rule of the Senate. Declares that: (1) the rights and protections under such title VII and the amendments made by this Act shall apply with respect to any employee in an employment position in the House of Representatives and any employing authority of the House, with remedies and procedures as described in a specified House Resolution; and (2) the provisions of this Act relating to such Resolution are enacted by the House as an exercise of the rulemaking power of the House and may be changed as any other rule of the House. Declares that the rights and protections under title VII and the amendments made by this Act shall apply with respect to any employee in an employment position in an instrumentality of the Congress and any chief official of the instrumentality, with the chief official establishing the remedies and procedures to be used. Defines instrumentalities of the Congress to include the Congressional Budget Office, the General Accounting Office, and the Office of Technology Assessment. Declares that: (1) nothing in this Act or the amendments made by this Act shall be construed to limit an employer in establishing job requirements that are otherwise lawful under title VII; (2) nothing in title VII or this Act shall be construed to require or encourage an employer to adopt hiring or promotion quotas or to prevent an employer from hiring the most effective individual for the job; and (3) nothing in the amendments made by this Act shall be construed to affect court-ordered remedies, voluntary employer actions for work force diversity, or affirmative action or conciliation agreements, that are otherwise in accordance with the law.
United States · United States Congress · 4 June 1991
Civil Rights Restoration Act of 1991 - Amends Federal law to declare that: (1) for purposes of provisions relating to equal rights under the law, the right to make and enforce contracts includes the making, performance, modification, and termination of contracts, and the enjoyment of all benefits, privileges, terms, and conditions of the contracts; and (2) the rights protected by the amended provisions are protected against impairment by nongovernmental discrimination and impairment under color of State law. Amends title VII (Equal Employment Opportunities) of the Civil Rights Act of 1964 to declare that an unlawful employment practice is established when it is shown that a discriminatory basis was a motivating factor, even though other factors also motivated the practice. Allows, when such mixed motives have been proven and the respondent shows it would have taken the same action in the absence of any discrimination, declaratory relief, limited types of injunctive relief, and attorney's fees and costs. Prohibits, in such cases, awarding damages or issuing certain types of orders. Provides for the finality of litigated or consent judgments or orders resolving an employment discrimination claim, barring actions: (1) challenging an order entered before enactment of this Act, by persons who had certain types of notice and opportunity; and (2) challenging an order entered after enactment of this Act, by an employee, former employee, or applicant who had certain types of notice and opportunity, and by other persons whose interests were adequately and completely represented by a similarly situated person. Declares that an unlawful employment practice occurs when: (1) a seniority system is adopted, an individual becomes subject to a system, or a person aggrieved is injured by the application of a system or a part of a system; and (2) the system is alleged to have been adopted for an intentionally discriminatory purpose, in violation of title VII, whether or not that discriminatory purpose is apparent on the face of the system. Allows expert fees to be included in attorney's fees awarded to the prevailing party in an employment discrimination case. Extends the time limit for an aggrieved employee or employment applicant to file a civil action after notice of final action by a department, agency, or unit of the Federal Government. Requires the same interest to compensate for delay in payment by the Government as in cases involving non-public parties. Amends the Age Discrimination in Employment Act of 1967 (ADEA) to replace provisions providing for tolling of the statute of limitations for actions under the ADEA with provisions requiring the Equal Employment Opportunity Commission (EEOC) to give certain notice if it dismisses a charge or otherwise terminates proceedings. Sets forth time limits for bringing a civil action. Declares that: (1) the rights and protections provided under specified provisions of Federal law (relating to equal rights under the law) and the amendments made by this Act apply with respect to any employee in an employment position in the Senate and any employing authority of the Senate, with enforcement and adjudication within the exclusive jurisdiction of the Senate; and (2) provisions of this Act setting forth related requirements and procedures are enacted by the Senate as an exercise of the rulemaking power of the Senate and may be changed as any other rule of the Senate. Declares that: (1) the rights and protections under title VII (Equal Employment Opportunities) of the Civil Rights Act of 1964, the ADEA, specified Federal law relating to equal rights under the law, and the amendments made by this Act shall apply with respect to any employee in an employment position in the House of Representatives and any employing authority of the House, with remedies and procedures as described in a specified House Resolution; and (2) the provisions of this Act relating to such Resolution are enacted as an exercise of the rulemaking power of the House and may be changed as any other rule of the House. Declares that the rights and protections under title VII, the ADEA, such Federal law, and the amendments made by this Act shall apply with respect to any employee in an employment position in an instrumentality of the Congress and any chief official of such an instrumentality, with the chief official establishing the remedies and procedures to be used. Makes such remedies and procedures exclusive. Defines instrumentalities of the Congress to include the Architect of the Capitol, the Congressional Budget Office, the General Accounting Office, the Government Printing Office, the Office of Technology Assessment, and the U.S. Botanic Garden. Encourages the use of alternative means of dispute resolution to resolve disputes arising under the Acts amended by this Act.
United States · United States Congress · 4 June 1991
Designates August 1, 1991, as Helsinki Human Rights Day. Authorizes and requests the President to: (1) reassert American commitment to the Helsinki Accords; (2) raise the issue of noncompliance with such Accords with any signatory nation which may be in violation; (3) convey to all signatories of such Accords that respect for human rights and fundamental freedoms is vital to progress in the ongoing Helsinki process; and (4) develop new proposals to advance the human rights objectives of the Helsinki process, including the self-determination of peoples.
United States · United States Congress · 3 June 1991
Expresses the sense of the Congress that the American public should observe the 100th anniversary of filmmaking in 1993 and recognize the American Film Institute's leadership role in preserving the art of film.
United States · United States Congress · 24 May 1991
Authorizes the Peace Corps Volunteers Memorial Commission to establish a memorial on Federal land in the District of Columbia or its environs to honor service in the Peace Corps. Establishes the Peace Corps Volunteers Memorial Commission to provide for solicitation and acceptance of private contributions for the memorial and conduct such other activities necessary for its establishment. Terminates the Commission 30 days after the completion of the Memorial. Prohibits the use of Federal funds for the construction of the memorial, except for a fund hereby established in the Treasury for the sole purpose of carrying out this Act.
United States · United States Congress · 23 May 1991
Amends the Internal Revenue Code to permit the investment tax credit in connection with depreciable solar energy property and geothermal property against the taxpayer's entire regular tax liability and minimum tax liability.
United States · United States Congress · 23 May 1991
AMERICA 2000 Excellence in Education Act - Title I: New American Schools - Authorizes financial assistance for creating New American Schools (NAS) in communities that have been designated AMERICA 2000 Communities (A2Cs). Provides that such NAS shall reflect the best thinking about teaching and learning, employ the highest-quality instructional materials and technologies, and be designed to meet the National Educational Goals as well as the particular needs of their students and communities. Directs the Secretary of Education (the Secretary) to reserve certain funds for a national program evaluation. Directs the Secretary to allocate the remaining funds among the States (and specified territories) in proportion to their respective numbers of members of Congress. Directs the Governor to nominate A2Cs to create NAS, for at least as many communities as there are members in the State's congressional delegation and at least one community in each congressional district of the State. Requires the Governor's nominations to be based on criteria established by the Secretary on the basis of expert panel advice, including: (1) the community's level of commitment and activity in the A2C initiative; (2) the community's schools' need for new and innovative educational programs; and (3) the quality of their application to the Governor. Sets forth conditions for the Secretary's approval, and for alternative nominations. Directs the Secretary to make NAS grants to selected agencies, organizations, and institutions on behalf of the selected communities. Limits any award to $1,000,000. Encourages grantees to adapt and implement one or more NAS designs developed by research and development teams funded by the NAS Development Corporation. Restricts use of such grant funds to certain special start-up costs associated with the creation and establishment of a NAS. Prohibits the use of such funds for construction or for the grantee's general administrative expenses. Requires each NAS to have obtained necessary State recognition or accreditation and to be fully operating by the start of the 1996-97 school year. Directs the Secretary, within 90 days, to convene an expert panel of educators, representatives of private business, and public representatives to advise on NAS program administration, including criteria for nomination of communities. Directs the Secretary to use reserved funds to conduct a national evaluation of NAS program impact on schools and communities and on education generally. Requires reports to the President and the Congress. Authorizes appropriations. Title II: Merit Schools - Authorizes appropriations for Merit School awards to reward public and private elementary and secondary schools and faculties that make documented progress in attaining the National Education Goals, particularly the goal of increasing students' mastery of the core academic subjects. Directs the Secretary to allocate specified funds among the States on the same basis as allocations for education of disadvantaged children under title I of the Elementary and Secondary Education Act of 1965 (the ESEA chapter 1 program). Requires Governors to submit State grant applications for a three-year period, which may be followed by an application for a two-year period. Makes specified provisions of the General Education Provisions Act (GEPA) inapplicable to this title. Specifies State use of funds for administrative costs (five percent) and Merit School awards (95 percent), with at least 20 percent of the latter earmarked for schools that demonstrate exceptional progress in improving students' performance in mathematics and science. Requires each Governor to: (1) establish a State review panel to assist in selection of Merit Schools; (2) submit annual program reports to the Secretary; and (3) apply specified national and State criteria in selecting schools. Requires each Merit School to use its award for activities to further its educational program, including staff bonus payments, college scholarships for secondary school students, special programs, equipment and materials, parental involvement, community outreach, and program replication. Prohibits State or local reduction of other assistance to the Merit School or its local educational agency. Title III: Teachers and School Leaders - Part A: Governor's Academies for Teachers - Directs the Secretary to make a one-time, five-year grant to each State to establish and operate Governor's Academies for Teachers and to recognize outstanding teachers. Requires a Governor to use the State's grant to make competitive awards to the State educational agency (SEA), local education agencies (LEAs), institutions of higher education, and other public and private organizations or consortia, to establish and operate such Academies. Allows such Academies to be operated in cooperation or consortium with those of other States. Requires each Academy to conduct a program of intensive instruction for current elementary and secondary school teachers, during the summer or the school year, focusing on the core academic disciplines of English, mathematics, science, history, and geography. Directs the Governor to allocate to each Academy funds for a program of cash awards and recognition to outstanding teachers in the core academic subject or subjects covered by the Academy program. Requires Academies to select such teachers from nominations received from various groups. Limits any such award to $5,000, but allows the recipient to choose how to use it. Authorizes appropriations. Part B: Governors' Academies for School Leaders - Directs the Secretary to make a one-time, five-year grant to each State to establish and operate a Governor's Academy for School Leaders. Requires the Governor to make competitive awards to the SEA, LEAs, institutions of higher education, and other public and private organizations or consortia, to establish and operate such an Academy. Allows such academies to be operated in cooperation or consortium with those of other States. Directs each Academy to carry out specified activities relating to school leadership training and development. Authorizes appropriations. Part C: Alternative Certification of Teachers and Principals - Authorizes appropriations to assist States to develop and implement alternative certification requirements to improve the supply of well-qualified elementary and secondary school teachers and principals. Makes certain GEPA provisions inapplicable to this part. Requires States to use such funds to support programs, projects, or activities that develop and implement new, or expand and improve existing, alternative teacher and principal certification requirements. Authorizes States to do so directly, through contracts, or through subgrants to LEAs, intermediate educational agencies, institutions of higher education, or consortia of such agencies. Title IV: Educational Reform and Flexibility - Part A: Educational Reform Through Flexibility and Accountability - Amends the General Education Provisions Act (GEPA) to establish a program for flexibility and accountability in education and related services. Directs the Secretary to assist projects for elementary and secondary schools and other service providers to improve achievement of all students and other participants, but particularly disadvantaged individuals, by authorizing waivers by which Governors, SEAs, LEAs, and other service providers can improve performance of schools and programs by increasing their flexibility in use of resources while holding them accountable for achieving educational gains. Authorizes the Secretary, in support of such projects, to waive, with specified exceptions, any statutory or regulatory requirement applicable to any program administered by the Department of Education that may impede a school or service provider from meeting the special needs of such students and other individuals. Authorizes other Federal agency heads, with the Secretary's agreement, to make similar waivers for their programs. Limits duration of projects and associated waivers to a maximum of three years; but authorizes the Secretary to extend a project and any associated waivers for an additional two years if it is making substantial progress in meeting its goals. Requires the Secretary to terminate a project and its associated waivers at any time if acceptable progress is not being made. Grants other Federal agency heads authority to determine extension or termination of their waivers. Grants the Secretary exclusive authority to extend or terminate a project. Requires each project that involves elementary or secondary schools to include participation of an SEA and at least one LEA and two schools. Requires, to the extent possible, project participation by each grade and academic program, including ESEA chapter 1 programs, in a participating school. Prohibits unreasonable concentration of available resources in participating schools, if fewer than all schools in an LEA participate. Requires each project that does not involve elementary or secondary schools to involve at least two programs, at least one of which is administered by the Secretary. Prohibits waiver of requirements: (1) in awarding new competitive grants to agencies participating in such projects; (2) relating to maintenance of effort, comparability, or equitable participation of private school students; and (3) under specified provisions of GEPA, the Civil Rights Act of 1964, the Rehabilitation Act of 1973, the Education Amendments of 1972, the Age Discrimination Act of 1975, and the Individuals with Disabilities Education Act. Sets forth requirements for reports and evaluations. Provides for the budget neutrality of such program. Part B: Amendments to Chapter 2 - Amends chapter 2 (Federal, State, and Local Partnership for Educational Improvement) of title I of the Elementary and Secondary Education Act of 1965 (ESEA chapter 2) to provide that part A funding for educational reform and improvement shall be divided equally between State and local programs (50 percent to each, while the current allocation formula requires at least 80 percent to go to local programs and not more than 20 percent to State programs). Reduces the portions of such State-level funds which: (1) may be used for State administration (from 25 to ten percent); and (2) must be used for the effective schools programs (from 20 to eight percent). Revises State application requirements to require approval by the Governor before submission to the Secretary. Includes educational choice programs among local targeted assistance programs of SEAs and LEAs. Includes, among authorized activities of such programs, any activities or expenses directly related to planning, implementing, operating, evaluating, and disseminating information about the LEA's educational choice program, including expenses of parents and children resulting from their program participation. Title V: Parental Choice of Schools - Part A: Findings - Sets forth congressional findings relating to parental choice in education. Part B: Parental Choice and Chapter 1 - Amends chapter 1 Financal Assistance to Meet Special Educational Needs of Children) of title I of the Elementary and Secondary Education Act of 1965 (ESEA chapter 1) to provide for chapter 1 services for children participating in educational choice programs. Requires the LEA to provide such services in the form of: (1) supplementary compensatory education services; or (2) if that is not feasible or efficient, payment to parents of a per-child share of the LEA's basic chapter 1 grant. Allows parents to use such funds only for: (1) purchase of supplementary compensatory education services that meet the child's special educational needs from any elementary or secondary school, or any other public or private agency, organization, or institution that the LEA designates; and/or (2) transportation costs related to the child's participation in the choice program. Excludes such payments from the gross income of parents for Federal income tax purposes. Allows an LEA to use chapter 1 funds for the additional transportation costs of children receiving chapter 1 services who are in an educational choice program. Requires that LEAs with educational choice programs explain to parents of chapter 1 participating children: (1) the availability of compensatory education services under various available options; and (2) options available under the educational choice program and the chapter 1 program. Part C: Assistance for Parental Choice Programs - Directs the Secretary to make one-year grants to LEAs that carry out educational choice programs. Authorizes appropriations. Makes an LEA eligible for such a grant if it: (1) will carry out an educational choice program during the year for which assistance is sought; and (2) carried out such a program during the preceding year. Defines an educational choice program, as one adopted by a State or an LEA under which: (1) parents select the school, including private schools, in which their children will be enrolled; and (2) sufficient financial support is provided to enable a significant number or percentage of parents to enroll their children in a variety of schools and educational programs, including private schools. Requires LEAs to use grant funds only for student educational services and parental involvement activities in addition to those that would otherwise be provided from State or local funds. Prohibits use of grant funds for LEA general administrative expenses. Part D: Parental Choice Programs of National Significance - Directs the Secretary to make five-year grants to SEAs, LEAs, and other agencies, institutions, and organizations to conduct and demonstrate nationally significant model programs of educational choice. Authorizes appropriations. Directs the Secretary, in any fiscal year for which funds are available to make new awards, to announce the approaches to educational choice that will be considered in the competition for such funding. Requires grant recipients to use such funds only for activities directly related to planning, implementing, operating and evaluating, and disseminating information about, the educational choice demonstration program. Allows such funds to be used to meet expenses of parents and children resulting from their participation in such program. Title VI: National Assessment of Educational Progress - Amends the General Education Provisions Act (GEPA) to extend through FY 1996 the authorization of appropriations for the National Center for Educational Statistics and its programs, including the National Assessment of Educational Progress (NAEP). Requires the NAEP to collect representative data on a national and State basis for those States that choose to participate. Repeals a requirement for data collection on a regional basis. Requires the NAEP to collect and report data: (1) at least once every four years in the core academic areas of reading, writing, mathematics, science, history, and geography; and (2) annually on students at specified ages and in specified grade levels. (Current law varies such deadlines for the different academic subjects and sets a biennial deadline for the age and grade levels.) Removes a confidentiality restriction on NAEP information with respect to individual schools. Removes a prohibition against use of NAEP test items and data to rank, compare, or otherwise evaluate individual students, schools, or school districts. Requires States which choose to enter NAEP agreements to conduct such Assessment at the school level for all schools in the State sample and coordinate within the State, subject to a minimum State contribution of $100,000. Directs the Secretary to pay the State a certain amount for the costs of conducting such Assessment in excess of the minimum State contribution. Title VII: National Commission on Time, Study, Learning, and Teaching - Establishes a National Education Commission on Time, Study, Learning, and Teaching (the Commission). Requires the Commission to examine the quality and adequacy of the study and learning time of U.S. elementary and secondary students in an era when World Class Standards of achievement need to be met, including issues regarding: (1) the length of the school day and year; (2) the extent and role of homework; (3) how time is currently being used for academic subjects (especially the five core subjects of English, mathematics, science, history, and geography); (4) year-round professional opportunities for teachers; and (5) the use of school facilities for extended learning programs. Directs the Commission, within one year after it concludes its first meeting, to subject a final report to the Congress and the President. Requires such report, in addition to the primary issues, to analyze and make recommendations about: (1) use of incentives for students to increase educational achievement in available instructional time; (2) how children spend time outside school; and (3) if appropriate, a model plan for adopting a longer academic day and year for U.S. elementary and secondary schools by the end of this decade, including mechanisms to assist in such transition. Terminates the Commission 90 days after it submits its final report. Authorizes appropriations. Title VIII: Regional Literacy Resource Centers - Amends the Adult Education Act to direct the Secretary to make grants or contracts for operation of regional literacy resource centers in appropriate regions. Makes eligible for such grants or contracts SEAs, LEAs, State literacy offices, volunteer-organizations, community-based organizations, institutions of higher education, or other nonprofit entities. Provides that the Federal share of activity costs shall decline over a five-year period from a maximum of 80 percent to 60 percent. Authorizes appropriations. Title IX: General Provisions - Sets forth definitions for this Act. Makes specified provisions of Federal law permitting consolidation of grants to the Insular Areas inapplicable to funds received by such an area under this Act.
United States · United States Congress · 23 May 1991
Federal Mass Transportation Act of 1991 - Amends the Urban Mass Transportation Act of 1964 (the Act) to declare that one of the purposes of the Act is to provide assistance to State and local governments in their efforts to implement programs that support national goals, improve air quality, energy conservation and independence, international competitiveness, and mobility for elderly, disabled, and economically disadvantaged persons. Redesignates the Urban Mass Transportation Administration as the Federal Transit Administration. Declares that the Congress strongly supports a Federal policy that promotes increased use of commute-to-work benefits and that is consistent with national objectives of energy conservation, reduced reliance on energy imports, lessened congestion, and clean air. Authorizes the Secretary of Transportation (Secretary) to make discretionary grants or loans to States and local agencies to finance mass transportation services to meet the special needs of elderly and handicapped persons. Authorizes the Secretary to pay any costs (inclusive of debt service) to retire any long-term debt incurred by an applicant to finance mass transportation projects, including debt to complete such a project for which a letter of intent or full funding contract has been issued by the Secretary when the debt is incurred, in spite of an approved project budget, because of lack of funds made available in an appropriations Act. Revises criteria for the award of grants or loans for the construction of any new fixed guideway system or extension of such a system to require a project to be based upon a thorough assessment of a variety of innovative financing mechanisms in connection with its construction and operation, as well as for its long-range finance plan for meeting overall system capital and operating costs. Sets forth specified factors to be considered by the Secretary in making such grants or loans. Requires the Secretary to make specified determinations with respect to such projects. Requires the Secretary to consider specified factors in assessing the availability of local funding for such projects. Requires such projects to be implemented by means of a full funding contract. Allocates such grants and loans based on a percentage formula for: (1) rail modernization; (2) new fixed guideway systems and extensions; and (3) purchase of buses and the construction of bus-related facilities. Requires apportionment of funds based on a percentage formula for urbanized areas with fixed guideway facilities. Revises provisions relating to the development and planning of transportation systems in urbanized areas. Authorizes the Secretary, as an alternative to grants and contracts with State and local agencies to enter into working agreements with other Federal departments for the planning of public transportation projects and for other technical studies. Revises the formula for apportioning public transportation block grantees for urbanized areas according to fixed guideway revenue vehicle or route miles. Includes in such formula, in the case of routes where multiple tracks or lanes are in use in the same direction, all such tracks or lanes in the computation of total fixed guideway route miles. Provides for a special apportionment of block grants based on the fixed guideway revenue vehicle miles whenever grantees can certify to the Secretary certain energy or operating efficiencies without a reduction in service. Requires block grantees to submit to the Secretary an annual certification that such grantee has continuing control, through operation or lease, including domestic and offshore safe harbor lease transactions, over the use of facilities and equipment (excluding track, signal and communications, and other wayside equipment). Allows grant recipients, when developing a program to propose the sum of proposed program projects concerning activities for local planning purposes, to propose projects whose sum exceeds annual mass transportation apportionments made to urbanized areas. Includes certain supplies (excluding fuel and lubricants) as associated capital maintenance items. Requires a recipient of a mass transportion project grant to retain net income received from the use, lease, or sale of certain acquired airspace or adjacent property acquired or derived from the disposal of certain fungible items. Prohibits the Secretary from awarding grants or making loans on the condition that such net income must be used to finance part of any mass transportation project, or to reimburse the United States for grants or loans made with respect to such projects, or use such net income in any calculation of net project costs. Authorizes the use of a specified percentage of mass transportation funds to finance capacity expansion construction projects, improve the movement or use of mass transit and shared ride programs, or facilitate the development of intermodal facilities. Prohibits the award of a grant unless the recipient certifies that basic transit maintenance needs have been addressed in the metropolitan planning process, and projects have been programmed in the transportation improvement program to meet such needs. Authorizes designated recipients of mass transportation funds prior to enactment of this Act for urbanized areas with populations under 200,000 to continue to receive and dispense such funds. Authorizes the Governor of a State to transfer an amount of the State's apportionment of grants and loans for mass transportation services to meet the needs of the elderly and handicapped to supplement funds apportioned to such State for public transportation projects and technical assistance to non-urbanized areas. Authorizes the Secretary to issue regulations providing for the delegation of environmental review, decisionmaking, and other action pursuant to the National Environmental Policy Act of 1969 (NEPA) to certified recipients of mass transportation assistance. Authorizes a grant for the research and investigation by nonprofit institutions of higher learning of urban transportation problems to cover the safety aspects related to such problems. Requires the Secretary to make grants to the National Cooperative Transit Research Center to research short-term operating problems experienced by assisted public transportation service providers. Authorizes the Secretary to permit recipients of mass transportation assistance to transfer, under specified conditions, facilities and equipment that are no longer needed for a mass transportation project to a public body for a public use, with no further obligation to the Federal Government. Directs the Secretary to promulgate regulations to allow the leasing to public transit operators of vehicles purchased by States, local agencies, private nonprofit corporations, and associations for elderly and handicapped persons. Prohibits a State from imposing further terms or conditions with respect to the administration of public transportation grants awarded to it for non-urbanized areas. Authorizes appropriations for mass transportation projects. Makes specified amounts available: (1) from the Mass Transit Account of the Highway Trust Fund; (2) for substitute mass transportation projects; (3) for rural transportation programs; (4) for planning and design of mass transportation facilities for elderly and handicapped persons; (5) for research, planning, and training programs; and (6) for administrative expenses. Requires the Secretary to make a report to the Congress that includes: (1) actions taken to identify conditions in any facility, equipment, or manner of operation as part of findings and determinations required in providing mass transportation grants and loans; (2) actions to correct or eliminate conditions that create a serious hazard of death or injury as a condition for making such grants and loans; (3) a summary of passenger-and employee-related deaths and injuries resulting from unsafe conditions in such facilities, equipment, or manner of operation, including actions taken to correct or eliminate such conditions; (4) a summary of actions taken to alert transit operators to such conditions; and (5) recommendations to the Congress of any legislative or administrative actions necessary to ensure that recipients of transportation assistance will institute the best means available to correct or eliminate hazards of death or injury. Makes a specified amount of Mass Transit Account funds available: (1) to the Secretary for grants or contracts for specifed mass transportation planning and research projects, including special demonstration initiatives and transit technology development; and (2) for State and local transit cooperative research and planning and research programs. Sets forth a formula for the apportionment and allocation of such funds among the States. Authorizes the Secretary to charge fees for planning and research conferences, seminars, and training sessions. Requires the Secretary to establish an Industry Technical Panel consisting of representatives of transportation suppliers and operators and others involved in technology development to assist in the identification of priority technology development areas and in establishment of guidelines for project development, sharing, and execution. Requires a 80 percent matching Federal share for State and local planning and research programs, with specified exceptions. Requires the Secretary to negotiate and execute a letter of intent and a full funding agreement that provides the Federal share of the cost of construction of the Queens Local/Express Connection in New York City. Directs the Secretary to provide mass transportation funds to the State of New York to meet the transportation needs associated with the staging of the 1993 World University Games. Requires the Secretary to determine, in cooperation with the Southeastern Pennsylvania Transportation Authority (SEPTA), the environmental impact as required by NEPA of the Cross-County Metro project from Morrisville to Downingtown, Pennsylvania. Requires the Secretary, upon a finding that NEPA requirements have been met, to enter into a Full Funding Grant Agreement with SEPTA for the construction of such project. Directs the Secretary to prepare a multiyear funding contract for the rehabilitation of the Drake/Library and Overbrook trolley lines in Allegheny County, Pennsylvania. Requires the Secretary to report to specified congressional committees on the status of completion of such agreement.
United States · United States Congress · 22 May 1991
Long-Term Care Incentives Act of 1991 - Title I: Tax Treatment of Qualified Long-Term Care Insurance Policies - Amends the Internal Revenue Code to provide for the treatment of qualified long-term care insurance as accident and health insurance for purposes of insurance company taxation. Provides for the exclusion as a death benefit of any amount paid to an individual under a life insurance contract because such individual is terminally ill, has a dread disease, or has been permanently confined to a nursing home. Title II: Tax Incentives for Purchase of Qualified Long-Term Care Insurance - Allows a tax credit for a percentage of qualified long-term care premiums. Allows a deduction for expenses relating to long-term care and an exclusion from gross income of benefits received from long-term care insurance. Allows a deduction for employers of contributions made for long-term care insurance if any refund or premium is applied to reduce the future costs of the plan or increase its benefits. Allows the inclusion of such insurance in cafeteria plans. Excludes from gross income amounts withdrawn from individual retirement accounts and certain employer cash or deferred arrangements to pay long-term care premiums and expenses. Increases the amounts of deductible contributions to individual retirement plans. Excludes from gross income amounts received from the surrender, cancellation, or exchange of any life insurance contract if such amounts are used to pay premiums for long-term care insurance. Authorizes the tax-free use of the gain from the sale of a principal residence for the purchase of long-term health care insurance. Title III: Medicaid Amendments - Amends title XIX of the Social Security Act (Medicaid) to set forth eligibility requirements for long-term care benefits and to require coverage of home and community-based long-term care.
United States · United States Congress · 22 May 1991
Omnibus Nuclear Proliferation Control Act of 1991 - Requires the President to impose sanctions upon any foreign or U.S. person who has knowingly and materially contributed, through the exports of goods or technology, to the efforts by any individual, group, or non-nuclear weapon state to acquire unsafeguarded special nuclear material or to use, develop, stockpile, or acquire any nuclear explosive device. Lists such sanctions as prohibitions on procuring goods or services, or importing products, from such persons. Imposes such sanctions on successor entities to such persons, as well as subsidiaries, parents, and affiliates if they knowingly participated in such activities. Urges the President to initiate consultations with foreign governments with jurisdiction over such foreign persons with respect to the imposition of sanctions. Requires the President to impose sanctions unless he certifies to the Congress that a government has taken actions to terminate the involvement of a person in such activities. Exempts from prohibitions on procurement the procurement of defense articles or services: (1) under existing contracts; (2) if the person to whom sanctions would be applied is a sole source supplier, the articles or services are essential, and alternative sources are not available; or (3) that are essential to national security under defense coproduction agreements. Applies such exemption to: (1) products or services provided under contracts entered into before the date the President publishes his intention to impose sanctions; (2) spare or component (not finished) parts essential to U.S. products or routine servicing and maintenance of products, if alternative sources are not available; (3) information and technology essential to U.S. products; and (4) medical or other humanitarian items. Applies sanctions for at least 12 months and terminates sanctions only if the President certifies to the Congress that a person has ceased to, and will not in the future, aid individuals or governments in efforts to acquire unsafeguarded special nuclear material or nuclear explosive devices. Permits the President to waive sanctions after the 12-month period if he certifies to the Congress that the continued imposition of sanctions would have a serious adverse effect on U.S. interests. Requires the Secretary of the Treasury to instruct the U.S. executive directors of specified international institutions to oppose any use of funds to promote the acquisition of unsafeguarded special nuclear material or the development, stockpiling, or use of nuclear explosive devices by non-nuclear weapon states. Amends the Export-Import Bank Act to prohibit Export-Import Bank assistance to any country that has aided or abetted a non-nuclear weapon state in acquiring a nuclear explosive device or unsafeguarded nuclear material. Amends the Arms Export Control Act to add to the list of eligibility requirements for the receipt of defense articles or services that a country or international organization is in full compliance with international treaty commitments with respect to the non-proliferation of nuclear explosive devices. Amends the Foreign Assistance Act of 1961 to prohibit assistance to any country that transfers any component or design information prepared for use in a nuclear explosive device to a non-nuclear weapon state. Repeals a provision that waived prohibitions on nuclear transfers with respect to Pakistan for purposes of allowing assistance to Pakistan. Amends the State Department Basic Authorities Act to include within the definition of "international terrorism," for purposes of making rewards, any act contributing to the acquisition of unsafeguarded nuclear material or nuclear explosive devices by an individual, group, or non-nuclear weapon state. Requires the President to report to the Congress on noncompliance by foreign governments with commitments to the United States concerning the prevention of the spread of nuclear explosive devices. Directs the Secretary of State to report to the Congress on the effectiveness of U.S. diplomatic demarches intended to halt the proliferation of nuclear explosive devices. Amends the Atomic Energy Act of 1954 to apply a specified consultation requirement with respect to nuclear exports to exports or transfers of more than 5 kilograms (currently, 20 kilograms) of specified enriched uranium.
United States · United States Congress · 22 May 1991
Urges the Government of Iran to extend to the Baha'i community the rights guaranteed by the Universal Declaration of Human Rights and other international agreements to which Iran is a party. Calls upon the President to continue to: (1) urge the Government of Iran to emancipate the Baha'i community by granting such rights; (2) emphasize that the United States regards the human rights practices of such Government, particularly its treatment of the Baha'is and other religious minorities, as a significant element in the development of U.S.-Iranian relations; and (3) cooperate with other governments and international organizations in efforts to protect the religious rights of the Baha'is and other minorities in Iran.
United States · United States Congress · 21 May 1991
Condemns the murder of former Prime Minister Rajiv Gandhi and others in the bomb explosion on May 21, 1991. Expresses regret over the deaths of Gandhi and other victims of election violence in India. Offers condolences to Gandhi's widow and children and to the people of India. Stands in solidarity with the Indian people in their effort to sustain the most successful democratic tradition in the developing world.
United States · United States Congress · 17 May 1991
Condemns: (1) the attacks on innocent children, women, and men in Armenian areas and communities in and around Nagorno-Karabakh; and (2) the indiscriminate use of force, including the shelling of civilian areas, on Armenia's eastern and southern borders. Calls for: (1) the end to the blockades and use of force and intimidation directed against Armenia and Nagorno-Karabakh; (2) the withdrawal of Soviet forces newly deployed for the purpose of intimidation; and (3) dialogue among all parties involved as the only acceptable route to achieving a lasting resolution of the conflict. Reconfirms the U.S. commitment to the success of democracy and self-determination in the Soviet Union and its republics by expressing its deep concern about any Soviet retribution, intimidation, or leverage against such republics.
United States · United States Congress · 16 May 1991
Uniformed Services Employment and Reemployment Rights Act of 1991 - Amends Federal veterans' benefits provisions to revise generally provisions relating to the employment and reemployment rights of members of the uniformed services. Expresses the sense of the Congress that the Government should be a model employer in carrying out the reemployment practices enumerated under this Act. States that a person's entitlement to rights and benefits under this Act is dependent upon an honorable discharge from the armed forces and therefore will be terminated in cases of a dishonorable or bad conduct discharge or a separation, release, or dismissal under conditions other than honorable. Prohibits the denial of initial employment, reemployment, retention in employment, promotion, or any benefit of employment by an employer against a person who performs, has performed, applies to perform, or has an obligation to perform service in a uniformed service on the basis of such service or obligation. States that such employer will be considered to have engaged in such prohibited conduct if the person's service, application for service, or obligation is a motivating factor in the employer's action, unless the employer can demonstrate that the action would have been taken in the absence of such service, application, or obligation. Prohibits an employer from discriminating in employment or taking any adverse employment action against any person who has acted to enforce a protection afforded by this Act. Entitles any person absent from employment by reason of the performance of military service to the employment and reemployment rights and benefits of this Act if: (1) the person has given advance notice of such service to the employer; (2) except under certain conditions, the cumulative length of the absence and any previous absences from employment by reason of military service does not exceed five years; and (3) the person reports or applies to such employer upon completion of service in accordance with requirements enumerated under this Act. States that no employer notice is required when precluded by military necessity or when otherwise impossible or unreasonable. Outlines certain conditions under which a person shall remain entitled to employment and reemployment rights and benefits provided under this Act even though the total period of absences from employment by reason of military service exceeds five years. Requires a person to report back to an employer within a specified period after release from duty in order to retain such rights and benefits. Requires a person, when applying for reemployment, to present appropriate documentation showing that the person's application is timely, that he or she has not exceeded the allowed period of service under a military absence, and that the person's entitlement to rights and benefits under this Act have not terminated. Outlines conditions under which the failure of the provision of such documentation by the person returning from service must be excused by the employer. Entitles a person to reemployment in the following positions upon return from duty in the armed forces: (1) if not disabled, to the position in which the person would have been employed if the employment had not been interrupted by such service or a similar position of like status and pay, the duties of which the person is qualified to perform; (2) if not disabled but not unqualified to perform the duties of such position, to the position in which the person was employed upon commencing service or a position with like status and pay, the duties of which the person is qualified to perform; or (3) if disabled, to a position under (1) or (2) above, or an appropriate lesser position that the person is qualified to perform, after the employer makes a reasonable accommodation for such person's disability. Requires the employer, in all cases of reemployment, to make a reasonable effort to train or update the skills required for a person to perform his or her employment duties. States that an employer is not required to reemploy a person if the employer's circumstances have so changed as to make such employment impossible or unreasonable. States that an employer is not required to make accommodations or provide training for a person if such effort would impose an undue hardship on the operation of the employer's business. Gives the employer the burden of proof in such cases. Requires any person who cannot requalify for a like position after duty in the armed forces to be reemployed in any other position that provides similar status and pay, consistent with the circumstances of each case. Provides that if the reemployment of a person under this Act in a particular Government position is not feasible, then the Director of the Office of Personnel Management (OPM) shall ensure that such person is offered an alternative position of employment in the executive branch. Makes such provision inapplicable to a person whose reemployment in a legislative or judicial branch position is not feasible if such person is not eligible to acquire the necessary civil service status. Entitles a person reemployed after duty in the armed forces to all seniority and other rights and benefits that such person would have attained if such employment had not been interrupted by such service. States that such duty will only be considered as a leave of absence for the purpose of determining rights and benefits accruing. Allows a person to be continued under an employer's insurance coverage for up to 18 months during such duty. Prohibits the imposition of an exclusion or waiting period on employer-offered health insurance in connection with coverage of such person upon reemployment if: (1) an exclusion or waiting period would not have been imposed under such coverage had coverage not been terminated as a result of such service; and (2) the condition of such person has been determined by the Secretary of Veterans Affairs not to have been incurred or aggravated in the line of duty. Limits the employer's ability to discharge a person reemployed after military duty, except for cause, for one year or 180 days, depending upon the length of such duty. States that a person whose employment is interrupted by military service shall be entitled to use during such interruption any annual leave with pay accumulated before the commencement of such service. Allows such person to accrue such annual leave during such military service and to use any such additional leave so accumulated. States that a person reemployed under this Act shall be treated as not having incurred a break in service with his or her employer for purposes of determining pension or retirement benefits, with the period of military service considered service with the employer. Requires the employer to fund any employee benefit pension plan in the appropriate amount for such employee. Requires a person reemployed to make appropriate payments to any plan that requires employee contributions for eligibility. States that a person's entitlement to a right or benefit under this Act does not depend on the timing, frequency, or duration of the person's performance of military service or on the nature of such service. Allows any person who claims to have been subject to a wrongful personnel action under this Act, whether involving a Federal, State, or private employer, to submit a complaint regarding such action to the Secretary of Labor (Secretary) for investigation and resolution. Requires the Secretary to carry out such responsibilities through the Assistant Secretary of Labor for Veterans' Employment and Training. Provides that, in the case of an unsuccessful resolution of a complaint for enforcement of rights with respect to a Federal employer, the person may request the Secretary to refer such complaint for litigation before the Merit Systems Protection Board through the Office of Special Counsel. Outlines complaint referral and litigation procedures in such case. Provides for appellate review of Board decisions. Provides that, in the case of an unsuccessful resolution of a complaint for enforcement of rights with respect to a State or private employer, the person may request that the Secretary refer such complaint for litigation in the appropriate U.S. district court through the Attorney General. Provides appropriate jurisdiction and venue for such proceedings. Provides all appropriate judicial remedies, including injunctions and restraining orders. Requires the Secretary, in carrying out investigations under this Act, to have reasonable access to documents considered relevant to the investigation. Gives the Secretary subpoena power for the attendance and testimony of witnesses and the production of documents. Authorizes the Secretary to prescribe regulations for the implementation of provisions of this Act with respect to provision of such rights and benefits by States and private employers. Authorizes the Director of OPM to prescribe such regulations with respect to the Federal Government as an employer. Directs the Secretary to provide those persons performing military service qualifying under this Act, as well as their employers, with information relating to the reemployment and other rights, benefits, and obligations for purposes of this Act. Requires the Secretary, the Attorney General, and the Special Counsel to each report to the Congress on their action taken in the implementation of this Act. Exempts the reemployment rights and benefits provided under this Act from general minimum active-duty service requirements applicable to other Federal veterans' benefits. Authorizes the use of armed forces' and vetrans' educational assistance for tuition and fees attributable to solo fligh training.
United States · United States Congress · 16 May 1991
Pledge of Allegiance Commemorative Coin Act - Establishes the Pledge of Allegiance Commemorative Coin Advisory Board to: (1) consult with the Secretary of the Treasury (the Secretary) regarding coin design; (2) oversee the expenditure of funds provided to the U.S. Capitol Historical Society for assisting its educational programs and providing non-operating improvements to the Capitol; and (3) establish rules and operating procedures to implement this Act. Directs the Secretary to issue five-dollar gold coins, one-dollar silver coins, and half dollar clad coins emblematic of the Pledge of Allegiance to the Flag. Declares a general waiver of public contract procurement regulations governing coin mintage under this Act. Mandates that surcharges be distributed equally between the Treasury and the U.S. Capitol Historical Society. Provides for audits by the Comptroller General. Requires that: (1) all amounts received from the sale of coins be deposited in the coinage profit fund; and (2) the Secretary take actions to ensure that coin mintage and issuance under this Act will not result in any net cost to the Federal Government.
United States · United States Congress · 9 May 1991
Amends the Harmonized Tariff Schedule of the United States to reduce, through December 31, 1994, the duty on a-n-butyl-a-(4- chlorophenyl)-1H-1,2,4-triazole-l-propanenitrile (myclobutanil).
United States · United States Congress · 9 May 1991
Miscellaneous Tariff Act of 1991 - Amends the Harmonized Tariff Schedule of the United States to suspend, through December 31, 1994, the duty on certain organic chemicals.
United States · United States Congress · 9 May 1991
Enterprise Zone Jobs-Creation Act of 1991 - Title I: Designation of Enterprise Zones - Authorizes the Secretary of Housing and Urban Development (Secretary) to designate enterprise zones for purposes of providing tax and regulatory relief and improving local services. Limits choices to areas nominated by States and local governments. Limits the total number of areas that may be designated, and the time period of the designation. Authorizes the Secretary to designate a zone only if the area meets certain locational, demographic, unemployment, and poverty criteria. Requires nominating local governments, as a condition of the Secretary's designation, to agree in writing to follow a course of action that may include reducing tax rates, improving local services, simplifying or streamlining regulation of business, and providing job training to area residents. Describes areas to which the Secretary must give preference in selecting areas for designation. Requires the Secretary to report to the Congress every four years on the effects of such enterprise zones' designation in accomplishing the purposes of this Act. Title II: Federal Income Tax Incentives - Allows a nonrefundable income tax credit to enterprise zone employees for five percent of any wages earned as do not exceed a specified amount. Phases out such credit. Provides for the nonrecognition of capital gain on the sale of enterprise zone property. Allows a taxpayer a deduction on the aggregate amount paid for the purchase of enterprise stock on its original issue by a qualified issuer. Requires any gain from the disposition of the stock to be treated as ordinary income. Title III: Regulatory Flexibility - Amends Federal law to revise the definition of "small entity" for purposes of the analysis of regulatory functions to include qualified business, government, and nonprofit enterprises operating within enterprise zones. Authorizes Federal agencies, upon request by a designating government, to waive or modify rules and regulations pertaining to the implementation of projects or activities within an enterprise zone. Requires agencies to approve the request if the resulting benefits of job creation, community development, or economic revitalization outweigh the public interest in retaining the rule unchanged. Disallows waiver or modification of a rule that would directly violate a statutory requirement or present a danger to the public health and safety. Title IV: Establishment of Foreign-Trade Zones in Enterprise Zones - Requires the Foreign-Trade Zone Board to consider on a priority basis and to expedite the processing of applications for the establishment of foreign-trade zones within enterprise zones. Requires the Secretary of the Treasury to give priority to, and expedite applications for, the establishment of ports of entry necessary to establish such zones. Title V: Repeal of Title VII of the Housing and Community Development Act of 1987 - Repeals title VII (enterprise zone development) of the Housing and Community Development Act of 1987.
United States · United States Congress · 9 May 1991
Amends the Harmonized Tariff Schedule of the United States to extend, through December 31, 1996, the suspension of duty on triethylene glycol dichloride.
United States · United States Congress · 9 May 1991
Expresses the sense of the Congress that the Government of Kuwait, Kuwaiti firms, the U.S. Army Corps of Engineers, and any other U.S. agency or entity should: (1) award contracts for the rebuilding of Kuwait with a preference given to supplies or goods mined, produced, or manufactured in the United States and engineering, consulting, and construction services of firms established and doing business in the United States; and (2) encourage the participation of U.S. small and disadvantaged businesses, including minority- and women-owned businesses, in such contracts.
United States · United States Congress · 8 May 1991
Amends the Federal criminal code to make it a Federal criminal offense to leave or remain outside a State for the purpose of avoiding payment of arrearages in child support. Specifies that an absence of six months without any payment of arrearage shall create a rebuttable presumption of intent to avoid arrearage payment.
United States · United States Congress · 8 May 1991
Amends the Central Intelligence Agency Act of 1949 to direct the President, by and with the advice and consent of the Senate, to appoint specified officials to serve within the Central Intelligence Agency. Outlines appointment qualifications and states that officials so appointed may be removed from office only by the President.
United States · United States Congress · 7 May 1991
Designates the week beginning July 21, 1991, as Korean War Veterans Remembrance Week. Requires the President to urge that the American flag be flown at half staff on July 27, 1991, in honor of those Americans who died as a result of their service in Korea.
United States · United States Congress · 6 May 1991
Creates a private right of action for customs fraud. Authorizes injunctive and other equitable relief and recovery of damages and costs, including attorney's fees. Grants the district courts original jurisdiction over any such action. Directs the court to permit the United States to intervene in any such action as a matter of right. Specifies that court orders under this Act are subject to nullification by the President pursuant to presidential authority under the International Emergency Economic Powers Act. Expresses the sense of the Congress that the provisions of this Act are consistent with, and in accord with, the General Agreement on Tariffs and Trade.
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