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Bill· HRH.R. 3267 (102nd)referred
United States · United States Congress · 2 August 1991
Title I: International Monetary Fund - Amends the Bretton Woods Agreements Act to authorize the U.S. Governor of the International Monetary Fund to consent to: (1) an increase in the U.S. quota in the Fund; and (2) the amendments to the Articles of Agreement of the Fund approved in resolution 45-3 of the Fund's Board of Governors. Authorizes the Secretary of the Treasury to instruct the U.S. Executive Director of the Fund to approve the Fund's pledge to sell a specified amount of the Fund's gold to restore the resources of the Reserve Account of the Enhanced Structural Adjustment Facility Trust to meet obligations to lenders who have made loans to the Trust for financing programs of members previously in arrears to the Fund. Title II: International Finance Corporation - Amends the International Finance Corporation Act to authorize the U.S. Governor of the International Finance Corporation to vote for an increase in, and subscribe to additional shares of, the Corporation's capital stock. Authorizes appropriations. Title III: Asian Development Bank - Amends the Asian Development Bank Act to authorize the U.S. Governor of the Asian Development Bank Act to subscribe to additional shares of the Bank's capital stock. Authorizes appropriations. Title IV: African Development Fund - Amends the African Development Fund Act to authorize the U.S. Governor of the African Development Fund to contribute a specified amount to the sixth replenishment of the Fund. Authorizes appropriations. Title V: Enterprise for the Americas Initiative - Enterprise for the Americas Initiative Act of 1991 - Subtitle A: Provisions Relating to the Enterprise for the Americas Investment Fund at the Inter-American Development Bank - Authorizes the Secretary of the Treasury to contribute a grant to the Enterprise for the Americas Investment Fund to be administered by the Inter-American Development Bank (IDB). Authorizes appropriations. Requires the Fund to: (1) provide grants to advance market-oriented policy initiatives and reforms to encourage investment in Latin America and the Caribbean; and (2) finance technical assistance for privatizing government-owned industries, enterprise development and business infrastructure, and worker training and education programs. Permits the Secretary to seek contributions to the Fund from other countries. Subtitle B: Enterprise for the Americas Facility - Establishes in the Department of the Treasury the Enterprise for the Americas Facility to support improvement in the lives of the people of Latin America and the Caribbean through market-oriented reforms and economic growth with actions to promote debt reduction, investment reforms, trade liberalization, and community based conservation and sustainable use of the environment. Makes eligible for Facility benefits Latin American or Caribbean countries that: (1) have in effect, received approval for, or are making progress toward, specified International Monetary Fund arrangements and structural or sectoral adjustment loans from the International Bank for Reconstruction and Development or the International Development Association; (2) have put in place major investment reforms in conjunction with an IDB loan or are implementing or making progress toward an open investment regime; and (3) have agreed with commercial bank lenders on a financing program for debt or debt service reduction. Subtitle C: Debt Reduction - Authorizes the President to reduce the amount owed to the United States (as a result of concessional loans made pursuant to the Foreign Assistance Act of 1961 or predecessor foreign economic assistance legislation) by any country eligible for Facility benefits. Declares that this title may be exercised notwithstanding provisions of the Foreign Assistance Act of 1961 and the International Development and Food Assistance Act of 1975 concerning repayments of loans outstanding after September 19, 1966, and the settlement of debts owed to the United States. Sets forth requirements with respect to the exchange of obligations, repayment of principal, and interest on new obligations issued by beneficiary countries. Subtitle D: Enterprise for the Americas Environmental Funds - Requires beneficiary countries that enter into Environmental Framework Agreements to establish Enterprise for the Americas Environmental Funds. Authorizes the President to enter into Environmental Framework Agreements concerning the operation and use of Environmental Funds with countries eligible for Facility benefits. Directs administering bodies in each beneficiary country to administer the Environmental Funds and to make grants for environmental activities. Requires grants from the Funds to be used for activities that link the conservation and sustainable use of natural resources with local community development. Subjects grants of more than $100,000 to veto by the U.S. Government or the government of the beneficiary country. Establishes an Environment for the Americas Board to: (1) advise the Secretary on the negotiations of Environmental Framework Agreements; (2) ensure that a suitable administering body is identified for each Environmental Fund; and (3) review the programs, operations, and fiscal audits of administering bodies. Declares that the President should: (1) encourage other official creditors of beneficiary countries whose debt is reduced under this Act to provide debt reduction to such countries; and (2) ensure that Environmental Funds are able to receive donations from private and public entities and private creditors of beneficiary countries. Subtitle E: Sales, Reductions, or Cancellations of Loans or Assets - Authorizes the President to: (1) sell to any eligible purchaser any loan of an eligible country made pursuant to the Export-Import Bank Act of 1945; (2) sell to any eligible purchaser any asset acquired by the Commodity Credit Corporation in connection with export sales to an eligible country or specified export credit guarantee programs; and (3) reduce or cancel any loans or assets made or acquired before 1991 upon receipt of payment from an eligible purchaser. Permits loans or assets to be sold only to purchasers who present plans to the President for using such loans or assets to engage in debt-for-equity, debt-for-development, or debt-for-nature swaps. Authorizes loans or assets to be reduced or canceled only for purposes of facilitating such swaps. Subtitle F: Reports - Directs the President to report annually to the Speaker of the House and the President of the Senate on the Facility.
Bill· HRH.R. 3219 (102nd)referred
United States · United States Congress · 2 August 1991
Amends the Office of Federal Procurement Policy Act to direct the Administrator of General Services to prescribe regulations to ensure the participation of (except in specified circumstances) at least five historically Black colleges and universities and nonprofit organizations owned and controlled by Black Americans in research and development (R&D) activities conducted with Federal funds by executive agencies. Outlines the requirements to be imposed on executive agencies through such regulations, including the requirement that each such agency reserve a specified percent of its FY 1992 through 1995 appropriations for R&D activities to be conducted by the Black colleges it must designate under this Act as federally funded R&D centers. Increases such set-aside on a graduated basis for such fiscal years. Directs the Comptroller General to study and report to the Congress annually on the activities of executive agencies in carrying out this Act.
Bill· HRH.R. 3222 (102nd)referred
United States · United States Congress · 2 August 1991
Veterans' Hospice Services Act of 1991 - Directs the Secretary of Veterans Affairs to conduct a pilot program to: (1) assess the feasibility and desirability of furnishing hospice care to terminally ill veterans; and (2) determine the most efficient and effective means of furnishing such care. Directs the Secretary to designate 15 to 30 Department of Veterans Affairs medical facilities for such demonstration projects. Requires the Secretary to ensure that: (1) Department medical facilities conducting such projects include both urban and rural area facilities; (2) the full range of affilitation between medical facilities of the Department and medical schools is represented by the facilities selected to conduct such projects; and (3) such facilities vary in the number of beds they operate and maintain. Allows such hospice care to be accomplished by Department medical facilities and personnel by contract where inpatient services are provided by Department medical facilities, or by contract where inpatient services are provided by a non-Department medical facility. Allows such inpatient care to be provided at a facility not designated in the contract when the provision of such care at such other facility is necessary under the circumstances. Limits the amount paid for hospice care programs under this Act to the equivalent of hospice care payments under title XVIII (Medicare) of the Social Security Act. Allows the Secretary to pay in excess of such amounts for hospice care when the Secretary determines, on a case-by-case basis, that: (1) the furnishing of such care is necessary and appropriate; and (2) the amount paid under Medicare would not compensate the program for the cost of furnishing such care. Directs the Secretary, during the pilot program period, to designate not less than five Department medical facilities at which palliative care is being furnished to terminally ill veterans either by Department personnel and facilities providing such care or by Department personnel monitoring care provided by non-Department facilities. Directs the Secretary to ensure that terminally ill veterans who have been informed of their medical prognosis receive information relating to their eligibility for hospice care and services under Medicare. Directs the Secretary to submit annual reports to the Senate and House Veterans' Affairs Committees relating to the conduct of the pilot program and the furnishing of hospice care to terminally ill veterans under the demonstration projects. Requires the Secretary to also report to such committees an evaluation and assessment of the hospice care program, including information enabling the committees to fully evaluate the feasibility of furnishing palliative care to terminally ill veterans.
Bill· HRH.R. 3211 (102nd)referred
United States · United States Congress · 2 August 1991
Middle Income Educational Opportunity Act of 1991 - Amends the Higher Education Act of 1965 (HEA) to establish a Federal Direct Loans program consolidating current student loan programs. (Eliminates the current part D, Income Contingent Direct Loans Demonstration Project.) Directs the Secretary of Education (the Secretary) to carry out a direct loan program (the program) for qualified students at institutions of higher education during the period beginning on July 1, 1994. Directs the Secretary to make program payments for any fiscal year to: (1) each institution of higher education having a program agreement; and (2) the designated lending agent if such an institution designates one. Requires such payments to be made on the basis of the estimated needs of the institution's students, considering their demand and eligibility for subsidized and unsubsidized direct loans under the program. Sets forth program payment rules, in general and for initial payments. Declares that an institution with an approved application and agreement with the Secretary shall be deemed to have a contractual obligation (entitlement) from the United States for making the program payments specified in that application. Sets forth requirements for such applications of and agreements with institutions of higher education. Provides for allowing institutions to designate lending agents to receive advances of program payments. Sets forth types of entities eligible to be designated lending agents. Entitles an institution to a payment for each fiscal year during which it makes student loans under such an agreement in lieu of reimbursement for its expenses in administering its student loan program during such year. Sets forth formulas for determining such payments. Requires each institution to use such payments first to carry out specified HEA provisions relating to administrative expenses and then for such additional administrative costs as that institution determines necessary. Deems an institution with such program agreement to have a contractual right to such payments. Provides for student eligibility for, and the amount of, subsidized and unsubsidized loans under the program. Limits program eligibility, among other criteria, to qualified students carrying at least one-half the normal academic workload and maintaining good standing. Allows subsidized loans under the program to be made only to students who meet the basic requirements but also demonstrate financial need for such a loan. Makes qualified graduate and professional students and qualified undergraduate independent students eligible to borrow unsubsidized loans under the program in specified amounts. Makes qualified undergraduate dependent students eligible for unsubsidized loans under the program, if the financial aid administrator determines after review that exceptional circumstances will likely preclude the student's parents from borrowing under the program. Prohibits students from being eligible to borrow unsubsidized loans under the program until they have obtained a high school diploma or equivalent. Declares that, if an institution's cohort default rate is 30 percent or more for the most recent fiscal year for which data is available, no undergraduate student at that institution may borrow unsubsidized loans under the program. Directs the Secretary to afford any such institution an opportunity to present evidence contesting the accuracy of the calculation of such rate. Makes parents of qualified dependent students eligible to borrow unsubsidized loans under the program in any amount, subject to specified restrictions based on cost of attendance and amount of other unsubsidized loans and student aid. Provides for determining subsidized loan amounts, based on cost of attendance, other types of student aid received, and expected family (or independent student self-help) contribution. Sets annual and aggregate limits for subsidized loans to first-year, undergraduate, and graduate or professional students. Provides for determining unsubsidized loans to students or parents, based on cost of attendance and other types of student aid. Sets forth annual and aggregate limits for unsubsidized loans for first-year, undergraduate, and graduate or professional students. Sets forth terms of loans under the program. Provides for deferments of repayment during specified periods of education or service. Allows borrowers to accelerate without penalty repayment of the whole or any part of the loan. Sets forth additional and separate terms for subsidized loans and for unsubsidized loans under the program. Sets forth requirements for multiple disbursement of student loans. Sets forth loan repayment rules, including minimum repayment amounts. Requires if a borrower so requests, that repayment be made in accordance with a graduated or income contingent schedule established by the Secretary. Allows the Secretary and the borrower to agree to increase the specified repayment period, but prohibits it from extending beyond 20 years. Directs the Secretary to notify the student borrower, at the beginning of the repayment period, of the availability of the flexible repayment program. Provides for interest rates on unsubsidized loans (the bonds equivalent rate of 52-week Treasury bills, plus three and one-quarter percent) and subsidized loans (eight percent). Directs the Secretary to report such interest rates to the Congress for any fiscal year in which they are not sufficient to recover specified costs to the Government. Sets forth requirements for consolidation loans. Directs the Secretary to enter into agreements to provide loans to consolidate eligible student loans whose outstanding indebtedness is at least $5,000. Sets forth terms and conditions of consolidation loans, including annual interest rates of at least eight percent. Directs the Secretary to establish repayment terms, including graduated and income contingent repayment schedules. Provides for administration of the program. Requires the Secretary to establish: (1) a central data system to maintain records on all loans made under the program; and (2) default prevention programs. Provides for funding of the program through the sale of Government obligations. Sets forth the duties of the Secretary and the Secretary of the Treasury with respect to such sale and funding. Sets forth various amendments to phase out the Stafford Student Loan Program by June 30, 1994. Sets forth adjustments in loan limits prior to termination for the following components of the Stafford program: (1) the federally-insured student loan (FISL) program; (2) the guaranteed student loan (GSL) program; (3) the supplemental loans for students (SLS) program; and (4) loans to parents (PLUS) program. Revises the administrative cost allowance for guaranty agencies under the Stafford program. Provides for expanded uses of Perkins direct student loans repayments. Allows the institution to transfer any part or all of the collections of principal and interest on student loans made from deposited funds in its Perkins student loan fund to an endowment fund: (1) invested and operated in accordance with regulations prescribed by the Secretary; and (2) all of the income from which is expended to make additional funds available to its students under the Pell grants, supplemental educational opportunity grants, and work-study student and programs. Authorizes appropriations.
Bill· HRH.R. 3208 (102nd)referred
United States · United States Congress · 2 August 1991
Amends the Federal Aviation Act of 1958 to establish specified minimum standards for the education and training of air carrier and airport security personnel. Provides for the testing and retraining of such personnel.
Record· NominationPN561 (102nd)open
United States · United States Senate · 1 August 1991
Bill· SS. 1622 (102nd)open
United States · United States Congress · 1 August 1991
Comprehensive Occupational Safety and Health Reform Act - Amends the Occupational Safety and Health Act of 1970 (OSHA) with respect to occupational safety and health programs, committees, employee representatives, coverage, standards, enforcement, antidiscrimination, training and education, hazard and illness evaluation, State plans, and victims' rights. Title I: Safety and Health Programs - Amends OSHA to establish requirements for each employer to set up and carry out a written occupational safety and health program that includes methods and procedures for: (1) identifying, evaluating, and documenting hazards; (2) correcting them; (3) investigating work-related illnesses, injuries, and deaths; (4) providing occupational safety and health services, including emergency response and first aid procedures; (5) employee participation in implementing such program, including, where applicable, a safety and health committee; (6) responding to such committee's recommendations; (7) providing safety and health training and education to employees and committee members; (8) designating an employer representative qualified to and responsible for identifying hazards and initiating corrective action; and (9) at a worksite where employees of two or more employers work, protecting employees from hazards under the other employers' control. Authorizes the Secretary of Labor (the Secretary) to modify the application of such requirements to classes of employers where, in light of the risks faced by the employer's employees, such a modification would not reduce their safety and health protection. Directs the Secretary to issue final regulations on the required employer occupational safety and health programs, covering employee training and education as well, including annual refresher courses. Title II: Safety and Health Committees and Employee Safety and Health Representatives - Amends OSHA to require each employer of 11 or more employees to provide for: (1) safety and health committees; and (2) employee safety and health representatives. Requires, in general, such employers to establish such a committee at each worksite, but authorizes the Secretary to modify application of this requirement to: (1) an employer whose employees do not primarily report to or work at a fixed location; (2) covered employers at worksites where less than 11 of their employees are employed; and (3) worksites where employees of more than one employer are employed. Requires committee membership to consist of elected or appointed employee representatives and up to an equal number of employer representatives. Requires the committee to be cochaired by an employer representative and an employee representative. Grants each committee the reasonable right to: (1) review occupational safety and health related employer programs, incidents of death, injury, or illness, complaints of hazards, the employer's work injury and illness records (other than personally identifiable medical information), and other related reports and documents; (2) conduct worksite inspections (and related employee interviews) at least once every three months and in response to complaints; (3) conduct meetings at least once every three months; (4) observe the measurement of employee exposure to toxic materials and harmful physical agents; (5) establish procedures for exercising committee rights; (6) make advisory recommendations for improvements and corrections; and (7) accompany the Secretary's representative during certain physical inspections of the worksite. Requires the employer to permit committee members to take such time from work as is reasonably necessary to exercise committee rights, without any loss of pay or benefits for such time. Directs the Secretary to issue final regulations for the establishment and functioning of such committees. Sets forth procedures for selection of employee representatives by and from nonmanagerial employees. Directs the Secretary to issue regulations on safety and health representatives, including specified numbers and selection procedures. Title III: Coverage - Revises the OSHA definition of employer to include the Federal Government (except certain congressional employees) and State and local governments, thus extending OSHA coverage to public employees. (Includes under such OSHA coverage the executive and judicial branches and the following agencies of the legislative branch: the Botanic Garden, the General Accounting Office, the Government Printing Office, the Library of Congress, the Office of Technology Assessment, the Congressional Budget Office, and the Copyright Royalty Tribunal.) Authorizes the Secretary to cede OSHA jurisdiction to a Federal agency with respect to specified standards or regulations affecting occupational safety and health of some or all employees within that agency's regulatory jurisdiction, if the agency has promulgated and is enforcing standards and regulations so that its employees are being protected at least as effectively as they would be by the Secretary. Declares that nothing in OSHA shall apply to working conditions covered by the Federal Mine Safety and Health Act of 1977. Applies OSHA to employment performed in the Federal nuclear facilities under the control or jurisdiction of the Department of Energy. Extends an employer's duties under OSHA to all employees working at the place of employment (even if they are not the employer's employees). Title IV: Occupational Safety and Health Standards - Revises provisions for OSHA standards. Requires specified timeframes for setting such standards after the Secretary has received: (1) a recommendation of an advisory committee, the Secretary of Health and Human Services (HHS), or the Administrator of the Environmental Protection Agency; or (2) a petition from an interested person setting forth with reasonable particularity the facts claimed to establish that a standard should be promulgated, modified, or revoked. Directs the Secretary, within 90 days after such receipt, to publish a response stating whether the Secretary intends to publish a proposed rule with respect to such standard, or if not, the reasons for the decision not to publish such a rule. Directs the Secretary, if such rule is intended to be published, to do so within 12 months after the receipt of the recommendation or petition. Directs the Secretary to: (1) afford interested persons a period of at least 30 days to submit written data or comments after publication of a proposed rule promulgating, modifying, or revoking an OSHA standard; and (2) issue a final rule within 180 days after the public comment period (or within 180 days after a required public hearing on objections to such rule). Allows any adversely affected person to petition for judicial review, in the U.S. court of appeals for the appropriate circuit, of the Secretary's refusal or failure to issue such rules or standards. Requires that such petition be filed within 60 days after publication of such determination. Requires set-aside of the Secretary's determination if it is found to be arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law. Allows a petition to appeal the Secretary's failure to publish a proposed rule within the required 12-month time frame to be filed at any time after such time period has elapsed. Directs the reviewing court to compel the Secretary to take any such action that is found to have been unlawfully withheld or unreasonably delayed. Provides that the withholding or delaying of action shall not be justified by the Secretary's desire to consult with, or receive approval from any other Federal agency or executive official, except where required by applicable law and pursued in timely fashion. Revises the definition of "occupational safety and health standard" to mean a standard which addresses a significant risk to the safety or health of employees by requiring conditions, or the adoption or use of one or more practices, means, methods, operations, or processes that most adequately assure, to the extent feasible, safe and healthful employment and places of employment. Requires each OSHA standard also to prescribe requirements for recording or reporting a work-related illness determined as a result of a medical examination or test conducted under the standard. Directs the Secretary to place in the public record all written comments and communications and a summary of all verbal communications with parties outside the Department of Labor (DOL) (including communications with executive branch officials) regarding promulgation, modification, or revocation of an OSHA standard. Directs the Secretary, in cooperation with the Secretary of HHS and in addition to other OSHA standards, to modify and establish exposure limits for toxic materials and harmful physical agents on a regular basis in a specified manner. Directs the Secretary of HHS, acting through the National Institute for Occupational Safety and Health (NIOSH), to: (1) regularly evaluate available scientific evidence, data, and information to determine if such exposure limits should be modified or established to protect exposed employees from material impairment of health or functional capacity; and (2) at least every three years, on the basis of such evaluation, develop and transmit to the Secretary recommendations identifying materials and agents for which exposure limits should be modified or established to protect employees from such impairment. Directs the Secretary: (1) within 30 days of receipt of such recommendations, to publish them and provide a 30-day public comment period; (2) within six months of their receipt, evaluate them and the public comments and publish a proposed rule for the exposure limits of each material and agent for which the Secretary of HHS has made a recommendation (explaining why any proposed limit is not the same as a recommended limit); (3) within one year of publication of the proposed limits, issue a final standard (explaining why any final limit is not the same as the recommended limit); and (4) establish or modify such limits whenever warranted, in addition to a periodic review. Directs the Secretary, within two years after the effective date of this Act, to promulgate final standards on exposure monitoring and medical surveillance programs, including specified requirements. Directs the Secretary to issue a final standard on ergonomic hazards to protect employees from work-related musculoskeletal disorders, including specified requirements. Sets forth timetables for the Secretary to issue various OSHA final standards. Title V: Enforcement - Revises OSHA enforcement provisions. Provides that time spent by an employee in accompanying the Secretary's representative on an OSHA inspection shall be deemed to be hours worked, with no loss of pay, benefits, or seniority. Requires the Secretary to notify employees or their representative within 30 days after receipt of their request for inspection that there are no reasonable grounds to believe a violation or danger exists. Directs the Secretary also to make a special inspection after determining that there are reasonable grounds to believe that an imminent danger or serious violation exists in a place of employment, upon notification from any other source (as well as upon notification by an employee or employee representative as in current law). Directs the Secretary to establish and carry out a special emphasis inspection program for conducting inspections of industries or operations where existing hazards or newly recognized or new hazards introduced into work sites warrant more intensive inspections. Requires annual designation of the industries and operations for such program and the number of inspections planned and enforcement personnel required. Requires that special emphasis inspections be in addition to other programmed and complaint inspections conducted under OSHA before the effective date of this Act. Requires a report on such program in the Secretary's annual OSHA report to the Congress. Requires the Secretary to investigate any work-related death or serious incident (i.e. one resulting in hospitalization of two or more employees). Requires the employer to: (1) notify the Secretary of any death or serious incident occurring in a place of employment covered by OSHA; and (2) prevent the destruction or alteration of evidence that would assist in investigating such death or incident. Requires OSHA citations to state if the Secretary or the Secretary's representative believes that an alleged violation is serious and presents such a substantial risk to the safety or health of employees that initiation of review proceedings should not suspend the running of the period for correction of the violation. Revises the correction period to make it begin to run from the date of receipt of the citation, with specified exceptions. Requires employers to verify the abatement of a serious, willful, or repeated violation in writing to the Secretary within 30 days after the correction period has expired. Requires employers, within ten days after verification of abatement, to prominently post notice of such abatement at or near each place the violation occurred and to make a copy of the verification available to employers and employee representatives. Directs the Secretary to issue regulations implementing such abatement verification and notice requirements. Grants employees the right to contest: (1) citations' designations of the character of the violation or of the OSHA provision, standard, rule, regulation, or order violated (in addition to contesting the abatement period, as in current law); and (2) proposed penalties as inadequate. Grants employee representatives the right to participate in other proceedings (as well as hearings) conducted under specified OSHA enforcement procedures. Requires, if the Secretary intends to withdraw or modify a citation as a result of any agreement with the employer, the Occupational Safety and Health Review Commission (Commission) rules of procedure to provide for prompt notice to affected employees or their representatives. Grants employees or their representative, regardless of whether they have previously elected to participate in the proceedings, the right to file a notice alleging that the proposed agreement fails to effectuate the purposes of OSHA within 15 days after receipt of notice of the agreement. Directs the Secretary to consider the matter and, upon determination to proceed with the agreement, respond with particularity to the objections. Grants employees or their representative, within 15 days after the Secretary's response, the right to a hearing upon request to the Commission. Provides that if the Commission determines the proposed agreement fails to effectuate the purposes of OSHA, the proposed agreement shall not be entered as a Commission order and the citation shall not be withdrawn or modified in accordance with the proposed agreement. Revises OSHA provisions for restraining imminent dangers. Directs the Secretary to inform the employer and the affected employees and request that a condition or practice that poses an imminent danger be corrected immediately or that employees be immediately removed from exposure to such danger. Requires such actions if the Secretary determines, on the basis of an inspection or investigation, that a condition or practice in the place of employment is such that an imminent danger to safety or health exists which could reasonably be expected to cause death, serious physical harm, or permanent impairment of health or functional capacity of employees if not corrected immediately. Directs the Secretary to determine whether to post a notice in the workplace if the employer refuses to comply with the Secretary's request. Requires that such notice identify the source of the imminent danger. Grants employees the right to refuse to perform a duty that has been identified as the source of an imminent danger by such a notice, and prohibits discrimination against them for such refusal. Subjects an employer to a civil penalty of from $10,000 to $50,000 for each day during which an employee continues to be exposed if the employer does not immediately correct the hazard referred to in the posted notice or remove all employees from exposure to it, unless the Commission determines that the condition or practice is not covered by such imminent danger provisions. Revises OSHA criminal penalties to increase the maximum amount of fines and the length of prison terms for specified violations, including those for a willful violation causing death, an improper advance notice of an inspection, or a false statement. Establishes criminal penalties for a willful violation that causes serious bodily injury. Prohibits a penalty or fine which is imposed on a director, officer, or agent of an employer from being paid out of the employer's assets on behalf of that individual. Provides that nothing in OSHA shall preclude State and local law enforcement agencies from conducting criminal prosecutions in accordance with State or local laws. Title VI: Protection of Employees from Discrimination - Revises OSHA antidiscrimination provisions to extend coverage to an employee's: (1) reporting any injury, illness, or unsafe condition to the employer, employer's agent, safety and health committee, or employee safety and health representative; and (2) refusing to perform duties when reasonably apprehensive that doing so would result in serious injury to himself/herself or other employees, after having sought and been unable to obtain from the employer corrections of the circumstances causing such refusal. Revises procedures for consideration of complaints of discrimination. Increases the period for filing such complaints from 30 to 180 days after the alleged discrimination. Requires the Secretary, within 60 days after receipt of the complaint, to investigate and notify the complainant and the alleged violator of the findings. Requires such findings to be accompanied by a preliminary order providing relief, if the Secretary has concluded that there is reasonable cause to believe a violation has occurred. Allows the alleged violator or the complainant to file, within 30 days, objections to the findings and/or the preliminary order, and to request a hearing on the record. Provides that such filing of objections shall not operate to stay any reinstatement remedy in the preliminary order. Requires such hearings to be conducted expeditiously. Deems the preliminary order a final order not subject to judicial review if a hearing is not timely requested. Directs the Secretary to issue a final order within 120 days after the conclusion of such hearing. Allows such proceedings to be terminated at any time in the interim on the basis of a settlement agreement by the Secretary, the complainant, and the alleged violator. Requires the Secretary, upon determination that a violation of antidiscrimination provisions has occurred, to order: (1) correction of the violation; (2) reinstatement to the former position with all compensation (including back pay), terms, conditions, and privileges of such employment; and (3) compensatory damages. Authorizes the Secretary, upon request of the complainant, to assess against the person against whom such order is issued all costs and expenses (including attorney's fees) incurred by the complainant in connection with bringing the complaint. Allows adversely affected or aggrieved persons to petition within 60 days to obtain review of such orders in the U.S. Court of Appeals for the appropriate circuit. Directs the Secretary to file a civil action in the appropriate U.S. district court to enforce such orders against persons who fail to comply. Authorizes such court to grant appropriate relief. Provides that the legal burdens of proof that prevail under the Whistleblower Protection Act of 1989 shall govern adjudication of protected activities under OSHA antidiscrimination provisions. Title VII: OSHA and NIOSH Training and Education - Revises OSHA provisions for training and education. Includes education programs for employees and members of safety and health committees, as appropriate, among those programs which the Secretary of HHS is to conduct through NIOSH. Requires the Secretary (of Labor) to develop training materials, model curricula, and programs to assist employers in: (1) providing the training and education required under the new provisions for employer occupational safety and health programs; and (2) complying with OSHA standards. Title VIII: Recordkeeping and Reporting - Revises OSHA provisions relating to statistics to require the Secretary to collect information and conduct analyses that identify: (1) industries, employers, processes, operations, and occupations that have a high rate of injury or illness; (2) factors that cause or contribute to injuries and illnesses; and (3) workers' compensation costs associated with the injuries and illnesses. Requires such data to be publicly available in a form suitable for further statistical analysis, and to be used in setting safety and health standards, targeting inspections of individual establishments, and evaluating standard setting and enforcement programs. Directs the Secretary to require each employer covered by OSHA to report: (1) each work-related death of an employee immediately upon knowledge; and (2) each serious incident resulting in hospitalization of two or more employees within 24 hours of the incident. Revises OSHA requirements for employer records and reports to include (in addition to work-related deaths, injuries, and illnesses) suspected work-related illnesses, including a work-related illness reported by an employee or an employee's physician, unless the employer makes a reasonable determination that the illness is not work-related. Provides that all such employer records and reports shall be made available to the Secretary, the Secretary of HHS, employees, and employee representatives. Title IX: NIOSH - Revises OSHA provisions relating to duties of the Secretary of HHS acting through NIOSH. Includes under hazard evaluation reports an evaluation of whether any hazardous condition or harmful physical agent found in the place of employment poses a risk to exposed employees. Directs the Secretary of HHS, if a final determination of hazard is not made within six months of a request, to provide to the employer and employees an interim report on the known or suspected hazards, a recommendation for control, and an estimate of the time in which a final determination will be made. Directs the Secretary of HHS to identify major factors contributing to occupational injuries and deaths through accident investigations and epidemiological research. Directs the Secretary of HHS to carry out a program to identify and notify employees at increased risk of occupational illnesses, injuries, and deaths, including public information and education programs, and recommendations for appropriate medical surveillance. Requires notification, if they are found to be at increased risk, of subjects of studies funded or conducted by the Secretary of HHS under such program. Specifies that the authority of the Secretary of HHS, and of NIOSH, to inspect records extends to the Secretary's designees and contractors. Directs the Secretary of HHS, through NIOSH (and in cooperation with other HHS agencies and the Secretary of Labor), to establish a national surveillance program to identify cases of occupational illnesses, deaths, and serious injuries. Requires coordination with State health agencies and Federal and State workers' compensation agencies under such program. Directs the Secretary of HHS to collect data each year on the number and characteristics of all occupational deaths and selected occupational illnesses and injuries. Requires, in making such selections, consideration of known frequency and severity of the disorder and of the size of the population at risk. Directs the Secretary of HHS to report on and analyze the occupational deaths, illnesses, and injuries collected under such program, and transmit such information to the Secretary of Labor, State health agencies, employers, employees, and other interested parties. Authorizes the Secretary of HHS to require an employer, through a physician or health professional employed by or under contract to the employer, to report information on occupational deaths, illnesses, and injuries. Establishes NIOSH as a separate agency within the U.S. Public Health Service in the Department of HHS. Title X: State Plans - Revises OSHA requirements for State plans to provide for: (1) development of safety and health programs and safety and health committees and training programs that are at least as effective as those under the new OSHA requirements; and (2) reporting requirements, protection of employee rights, and access to information that are at least as effective as those under OSHA or other Federal laws governing access to information related to OSHA. Requires the State to enforce the Federal standard until a State standard at least as effective is in effect, if a State fails to adopt or promulgate such a standard within six months after the Federal standard is promulgated. Requires the Secretary (of Labor) to: (1) promptly investigate complaints against a State plan if there are reasonable grounds to believe a deficiency exists; (2) investigate complaints alleging a deficiency in a State enforcement action within 30 days of receipt; and (3) within 30 days of completion of the investigation, transmit findings and recommendations for correction to the State and complainant (or notify the complainant if there are no reasonable grounds to believe a deficiency exists). Requires a State to respond as to what action it has taken on the Secretary's findings and recommendations within 30 days of their receipt. Directs the Secretary to issue a citation with reasonable promptness if, after receipt of the State's response, the Secretary believes a serious violation of OSHA exists for which the State has failed to issue a citation. Requires the Secretary, upon determination that there are reasonable grounds to conclude there is a failure to comply substantially with any provision or assurance of the State plan, to: (1) notify the State and allow six months for correction of deficiencies; (2) institute proceedings for withdrawal of approval of the State plan, if the State has not corrected the deficiencies within six months (unless there are exceptional circumstances); and (3) during the pendency of such proceedings, exercise concurrent jurisdiction with the State over the safety and health issues that are subject to the State plan. Requires States operating State safety and health plans to modify them to conform to this Act. Title XI: Victim's Rights - Sets forth provisions for victims' rights under OSHA. Defines a victim as: (1) an employee who has sustained a work-related injury or illness which is the subject of an OSHA inspection or investigation; or (2) the family member of an employee who either is killed or cannot reasonably exercise victim's rights as a result of such an injury or illness. Grants victims the right, on request, to: (1) meet with the Secretary or a representative respecting the inspection or investigation before the Secretary's decision to issue a citation or to take no action; (2) receive a free copy of any citation or report issued as a result of the inspection or investigation; (3) be informed of any notice of contest filed; (4) be provided an explanation of the rights of employees and employee representatives to participate in OSHA enforcement proceedings; and (5) be provided an opportunity to appear and make a statement before the parties conducting any settlement negotiations before the Secretary agrees to withdraw or modify the citation. Provides that a victim shall have the same rights as an employee under OSHA enforcement procedures. Entitles a victim, if such victims' rights are violated, to declaratory relief, injunctive relief, recovery of costs of securing specified documents, and reasonable attorney's fees and costs. Directs the Secretary to take reasonable actions to inform victims of these rights. Title XII: Effective Date - Sets forth the effective date of this Act.
Bill· SS. 1621 (102nd)referred
United States · United States Congress · 1 August 1991
Federal Enterprise Regulatory Act of 1991 - Title I: Establishment of the Federal Enterprise Regulatory Board - Establishes the Federal Enterprise Regulatory Board (the Board) as a mixed-ownership government corporation to oversee Government-sponsored enterprises in order to ensure their safety, soundness and compliance with their public purposes. Vests management of the Board in a Board of Directors. Grants the Board rulemaking authority. Title II: Supervision and Regulation - Outlines the safety and soundness standards and remedial actions to be adopted and implemented by the Board. Require submission of periodic financial status reports to the Board by regulated enterprises. Requires the Board to appoint examiners to examine the enterprises. Title III: General Enforcement Powers - Sets forth the Board's enforcement powers, including: (1) cease and desist order authority; (2) party removal and prohibition authority; (3) suspension or removal authority (with respect to enterprise-affiliated parties charged with felonies); and (4) the imposition of civil and criminal penalties. Title IV: Conservatorship - Sets forth circumstances under which the Board may appoint itself conservator of a troubled enterprise. Title V: Regulatory Restructuring and Conforming Amendments - Subtitle A: Farm Credit Administration Abolished - Terminates the Farm Credit Administration and the Farm Credit Administration Board. Transfers to the Board their respective powers, staff, and property. Vests management responsibility of the Farm Credit System Division in the Board. Subtitle B: Reorganization of Federal Home Loan Banks - Terminates the Federal Housing Finance Board. Transfers its powers, property, and staff to the Board. Subtitle C: Amendments to Related Acts - Amends the Federal National Mortgage Association Charter Act, the Federal Home Loan Mortgage Corporation Act, and the Higher Education Act of 1965 to reflect the amendments made by this Act. Title VI: Miscellaneous Provisions - Grants the Comptroller General of the United States audit and evaluation authority over the Board and over the enterprises within the purview of this Act.
Bill· SS. 1617 (102nd)referred
United States · United States Congress · 1 August 1991
Fairplay for Taxpayers Act of 1991 - Amends the Federal Rules of Evidence to declare that the communications between a lawyer, an accountant, or an enrolled agent with respect to the preparation of a tax return for a client and the client shall be privileged in the U.S. courts. Amends the Internal Revenue Code to increase the interest rate for overpayment of tax from two percent to three percent (making such rate equal to the interest rate for underpayment of tax). Provides that if a taxpayer pays the full amount of taxes, interest, and penalties owed within 45 days (currently, ten days) from the date of notice and demand, then no interest liability will be imposed. Requires any final, temporary, or proposed tax regulation or ruling to be applied prospectively from the date of publication in the Federal Register. Provides that such prospective-only treatment may be superseded only by congressional action. Replaces the "substantially-prevailed" test for determining whether a taxpayer may recover costs and fees incurred as part of an administrative or court proceeding with a "prevailed-to-some-extent" test. Allows the taxpayer to recover the same percentage of costs incurred as the percentage by which he or she prevails in the controversy. Revises the meaning of reasonable administrative costs to include only costs incurred during, or in preparation for, the initial audit, or an appeals conference, or at any time thereafter. Expands the current test allowing taxpayers to sue for civil damages for certain unauthorized collection actions to allow a suit if in connection with any collection of tax any officer or employee of the Internal Revenue Service (IRS) carelessly disregards tax law. (The current test is "recklessly or intentionally disregards".) Directs the IRS to require all employees to report to the Inspection Service all instances of misconduct. Directs the Commissioner of IRS to make quarterly reports to the Inspector General concerning cases reported to the Inspection Service. Requires the Inspector General to submit an annual summary of such quarterly reports to specified congressional committees. Directs the Commissioner to carry out an education and training program for all IRS employees regarding appropriate and ethical conduct of governmental duties and responsibilities, including an explanation of applicable standards of conduct. Authorizes appropriations.
Bill· HRH.R. 3182 (102nd)referred
United States · United States Congress · 1 August 1991
Facilities Enhancement and Construction Act of 1991 - Amends the Higher Education Act of 1965 with respect to construction, reconstruction, and renovation of academic facilities. Directs the Secretary of Education (the Secretary) to provide grants to: (1) bring facilities into conformance with Federal, State, and local laws requiring removal of barriers to full participation by disabled individuals; and (2) renovate libraries to promote the use of new technologies and preservation of library materials. Allows priority to be given to projects involving the renovation of facilities. (Such priority is currently required.) Authorizes appropriations for grants for construction, reconstruction, and renovation of academic facilities for undergraduates, graduate students, and academic housing, and other educational facilities generally, as well as for grants to pay interest on debt. Revises the grants program for the construction, reconstruction, and renovation of undergraduate academic facilities. Eliminates provisions for: (1) formula allotment of such grant funds to States submitting State plans; and (2) specified reserved portions for public community colleges and technical institutes and the remainder to other institutions of higher education. Limits the total payment for any fiscal year made to institutions of higher education in any State to not more than 12.5 percent of appropriations for such grants. Requires the Secretary, in making grants, to use a national peer review panel broadly representatives of all types and classes of institutions of higher education in the United States. Limits grant amounts to not more than 50 percent of the development cost of a project, and prohibits the use of funds or resources provided through Federal programs to meet the institution's share of the supported program. Retains provisions for use of a portion of grant funds for maintenance and upgrading of research and instructional instrumentation and equipment and of equipment and structural changes to ensure their proper functioning. Expands the program of loans for construction, reconstruction, and renovation of academic, housing, and other educational facilities to include graduate (as well as undergraduate) institutions, housing, and facilities. Prohibits the making of any such loan unless the Secretary finds that at least 20 percent of the development cost of a project will be financed from non-Federal sources. Extends to borrowers of all such loans the option to repay at a discount if specified conditions are met. (Currently such option applies only to loans made before October 1, 1986.) Reduces from ten to five years the period during which an institution may not receive such a loan for any facility on its campus after it has received a loan for another facility on such campus.
Bill· HRH.R. 3189 (102nd)referred
United States · United States Congress · 1 August 1991
Amends the Higher Education Act of 1965 to revise graduate program provisions to rename Grants to Institutions to Encourage Minority Participation in Graduate Education as Grants to Institutions to Strengthen and Diversity the Higher Education Professorate. Directs the Secretary of Education (the Secretary) to make grants to institutions of higher education to identify talented minority students and faculty members and to provide them with stipends and fellowships (Augustus F. Hawkins Fellowships) to assist them in obtaining a doctoral degree if they agree to teach at an institution of higher education for a specified period after receiving such degree. Requires such grants to be made to institutions of higher education, or to nonprofit organizations associated with institutions of higher education with a demonstrated record of enhancing minority access to graduate education. Requires such institutions to carry out the program in consortia with historically black colleges and universities and other institutions with significant enrollments of African Americans, Asian Americans, Hispanic Americans, and Native Americans. Sets forth grant application and selection requirements. Requires the Secretary to give priority to applications from institutions which provide a tuition waiver and a minimum $2,000 stipend to each Hawkins Fellowship recipient; but authorizes the Secretary to waive all or any portion of such requirement upon request of any historically Black college or university. Sets forth agreement requirements for fellowship recipients. Requires an agreement to teach for at least two years, within five years after completing the doctorate, at a public or private nonprofit institution of higher education (or, in the case of a for-profit institution, one that offers at least the Associate of Arts degree). Requires repayment if the teaching service requirement is not complied with. Provides for deferral of repayment during certain periods, and forgiveness in cases of permanent total disability.
Bill· HRH.R. 3160 (102nd)reported
United States · United States Congress · 1 August 1991
Comprehensive Occupational Safety and Health Reform Act - Amends the Occupational Safety and Health Act of 1970 (OSHA) with respect to occupational safety and health programs, committees, employee representatives, coverage, standards, enforcement, antidiscrimination, training and education, hazard and illness evaluation, State plans, and victims' rights. Title I: Safety and Health Programs - Amends OSHA to establish requirements for each employer to set up and carry out a written occupational safety and health program that includes methods and procedures for: (1) identifying, evaluating, and documenting hazards; (2) correcting them; (3) investigating work-related illnesses, injuries, and deaths; (4) providing occupational safety and health services, including emergency response and first aid procedures; (5) employee participation in implementing such program, including, where applicable, a safety and health committee; (6) responding to such committee's recommendations; (7) providing safety and health training and education to employees and committee members; (8) designating an employer representative qualified to and responsible for identifying hazards and initiating corrective action; and (9) at a worksite where employees of two or more employers work, protecting employees from hazards under the other employers' control. Authorizes the Secretary of Labor (the Secretary) to modify the application of such requirements to classes of employers where, in light of the risks faced by the employer's employees, such a modification would not reduce their safety and health protection. Directs the Secretary to issue final regulations on the required employer occupational safety and health programs, covering employee training and education as well, including annual refresher courses. Title II: Safety and Health Committees and Employee Safety and Health Representatives - Amends OSHA to require each employer of 11 or more employees to provide for: (1) safety and health committees; and (2) employee safety and health representatives. Requires, in general, such employers to establish such a committee at each worksite, but authorizes the Secretary to modify application of this requirement to: (1) an employer whose employees do not primarily report to or work at a fixed location; (2) covered employers at worksites where less than 11 of their employees are employed; and (3) worksites where employees of more than one employer are employed. Requires committee membership to consist of elected or appointed employee representatives and up to an equal number of employer representatives. Requires the committee to be cochaired by an employer representative and an employee representative. Grants each committee the reasonable right to: (1) review occupational safety and health related employer programs, incidents of death, injury, or illness, complaints of hazards, the employer's work injury and illness records (other than personally identifiable medical information), and other related reports and documents; (2) conduct worksite inspections (and related employee interviews) at least once every three months and in response to complaints; (3) conduct meetings at least once every three months; (4) observe the measurement of employee exposure to toxic materials and harmful physical agents; (5) establish procedures for exercising committee rights; (6) make advisory recommendations for improvements and corrections; and (7) accompany the Secretary's representative during certain physical inspections of the worksite. Requires the employer to permit committee members to take such time from work as is reasonably necessary to exercise committee rights, without any loss of pay or benefits for such time. Directs the Secretary to issue final regulations for the establishment and functioning of such committees. Sets forth procedures for selection of employee representatives by and from nonmanagerial employees. Directs the Secretary to issue regulations on safety and health representatives, including specified numbers and selection procedures. Title III: Coverage - Revises the OSHA definition of employer to include the Federal Government (except certain congressional employees) and State and local governments, thus extending OSHA coverage to public employees. (Includes under such OSHA coverage the executive and judicial branches and the following agencies of the legislative branch: the Botanic Garden, the General Accounting Office, the Government Printing Office, the Library of Congress, the Office of Technology Assessment, the Congressional Budget Office, and the Copyright Royalty Tribunal.) Authorizes the Secretary to cede OSHA jurisdiction to a Federal agency with respect to specified standards or regulations affecting occupational safety and health of some or all employees within that agency's regulatory jurisdiction, if the agency has promulgated and is enforcing standards and regulations so that its employees are being protected at least as effectively as they would be by the Secretary. Declares that nothing in OSHA shall apply to working conditions covered by the Federal Mine Safety and Health Act of 1977. Applies OSHA to employment performed in the Federal nuclear facilities under the control or jurisdiction of the Department of Energy. Extends an employer's duties under OSHA to all employees working at the place of employment (even if they are not the employer's employees). Title IV: Occupational Safety and Health Standards - Revises provisions for OSHA standards. Requires specified timeframes for setting such standards after the Secretary has received: (1) a recommendation of an advisory committee, the Secretary of Health and Human Services (HHS), or the Administrator of the Environmental Protection Agency; or (2) a petition from an interested person setting forth with reasonable particularity the facts claimed to establish that a standard should be promulgated, modified, or revoked. Directs the Secretary, within 90 days after such receipt, to publish a response stating whether the Secretary intends to publish a proposed rule with respect to such standard, or if not, the reasons for the decision not to publish such a rule. Directs the Secretary, if such rule is intended to be published, to do so within 12 months after the receipt of the recommendation or petition. Directs the Secretary to: (1) afford interested persons a period of at least 30 days to submit written data or comments after publication of a proposed rule promulgating, modifying, or revoking an OSHA standard; and (2) issue a final rule within 180 days after the public comment period (or within 180 days after a required public hearing on objections to such rule). Allows any adversely affected person to petition for judicial review, in the U.S. court of appeals for the appropriate circuit, of the Secretary's refusal or failure to issue such rules or standards. Requires that such a petition to appeal the Secretary's determination not to propose a rule with respect to a standard be filed within 60 days after publication of such determination. Requires set-aside of the Secretary's determination if it is found to be arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law. Allows a petition to appeal the Secretary's failure to publish a proposed rule within the required 12-month time frame to be filed at any time after such time period has elapsed. Directs the reviewing court to compel the Secretary to take any such action that is found to have been unlawfully withheld or unreasonably delayed. Provides that the withholding or delaying of action shall not be justified by the Secretary's desire to consult with, or receive approval from any other Federal agency or executive official, except where this is required by applicable law and pursued in timely fashion. Revises the definition of "occupational safety and health standard" to mean a standard which addresses a significant risk to the safety or health of employees by requiring conditions, or the adoption or use of one or more practices, means, methods, operations, or processes that most adequately assure, to the extent feasible, safe and healthful employment and places of employment. Requires each OSHA standard also to prescribe requirements for recording or reporting a work-related illness determined as a result of a medical examination or test conducted under the standard. Directs the Secretary to place in the public record all written comments and communications and a summary of all verbal communications with parties outside the Department of Labor (DOL) (including communications with executive branch officials) regarding promulgation, modification, or revocation of an OSHA standard. Directs the Secretary, in cooperation with the Secretary of HHS and in addition to other OSHA standards, to modify and establish exposure limits for toxic materials and harmful physical agents on a regular basis in a specified manner. Directs the Secretary of HHS, acting through the National Institute for Occupational Safety and Health (NIOSH), to: (1) regularly evaluate available scientific evidence, data, and information to determine if such exposure limits should be modified or be established to protect exposed employees from material impairment of health or functional capacity; and (2) at least every three years, on the basis of such evaluation, develop and transmit to the Secretary recommendations identifying materials and agents for which exposure limits should be modified or established to protect employees from such impairment. Directs the Secretary: (1) within 30 days of receipt of such recommendations, to publish them and provide a 30-day public comment period; (2) within six months of their receipt evaluate them and the public comments and publish a proposed rule for the exposure limits of each material and agent for which the Secretary of HHS has made a recommendation (explaining why any proposed limit is not the same as a recommended limit); (3) within one year of publication of the proposed limits, issue a final standard (explaining why any final limit is not the same as the recommended limit); and (4) establish or modify such limits whenever warranted, in addition to a periodic review. Directs the Secretary, within two years after the effective date of this Act, to promulgate final standards on exposure monitoring and medical surveillance programs, including specified requirements. Directs the Secretary to issue a final standard on ergonomic hazards to protect employees from work-related musculoskeletal disorders, including specified requirements. Sets forth timetables for the Secretary to issue various OSHA final standards. Title V: Enforcement - Revises OSHA enforcement provisions. Provides that time spent by an employee in accompanying the Secretary's representative on an OSHA inspection shall be deemed to be hours worked, with no loss of pay, benefits, or seniority. Requires the Secretary to notify employees or their representative within 30 days after receipt of their request for inspection that there are no reasonable grounds to believe a violation or danger exists. Directs the Secretary also to make a special inspection after determining that there are reasonable grounds to believe that an imminent danger or serious violation exists in a place of employment, upon notification from any other source (as well as upon notification by an employee or employee representative as in current law). Directs the Secretary to establish and carry out a special emphasis inspection program for conducting inspections of industries or operations where existing hazards or newly recognized or new hazards introduced into work sites warrant more intensive than normal inspections. Requires annual designation of the industries and operations for such program and the number of inspections planned and number of enforcement personnel required. Requires that special emphasis inspections be in addition to other programmed and complaint inspections conducted under OSHA before the effective date of this Act. Requires a report on such program in the Secretary's annual OSHA report to the Congress. Requires the Secretary to investigate any work-related death or serious incident (i.e. one resulting in hospitalization of two or more employees). Requires the employer to: (1) notify the Secretary of any death or serious incident occurring in a place of employment covered by OSHA; and (2) prevent the destruction or alteration of evidence that would assist in investigating such death or incident. Requires OSHA citations to state if the Secretary or the Secretary's representative believes that an alleged violation is serious and presents such a substantial risk to the safety or health of employees that initiation of review proceedings should not suspend the running of the period for correction of the violation. Revises the correction period to make it begin to run from the date of receipt of the citation, with specified exceptions. Requires employers to verify the abatement of a serious, willful, or repeated violation in writing to the Secretary within 30 days after the correction period has expired. Requires employers, within ten days after verification of abatement, to prominently post notice of such abatement at or near each place the violation occurred and to make a copy of the verification available to employers and employee representatives. Directs the Secretary to issue regulations implementing such abatement verification and notice requirements. Grants employees the right to contest: (1) citations' designations of the character of the violation or of the OSHA provision, standard, rule, regulation, or order violated (in addition to contesting the abatement period, as in current law); and (2) proposed penalties as inadequate. Grants employee representatives the right to participate in other proceedings (as well as hearings) conducted under specified OSHA enforcement procedures. Requires, if the Secretary intends to withdraw or modify a citation as a result of any agreement with the employer, the Commission's rules of procedure to provide for prompt notice to affected employees or their representatives. Grants employees or their representative, regardless of whether they have previously elected to participate in the proceedings, the right to file a notice alleging that the proposed agreement fails to effectuate the purposes of OSHA within 15 days after receipt of notice of the agreement. Directs the Secretary to consider the matter and, upon determination to proceed with the agreement, respond with particularity to the objections. Grants employees or their representative, within 15 days after the Secretary's response, the right to a hearing upon request to the Commission. Provides that if the Commission determines the proposed agreement fails to effectuate the purposes of OSHA, the proposed agreement shall not be entered as a Commission order and the citation shall not be withdrawn or modified in accordance with the proposed agreement. Revises OSHA provisions for restraining imminent dangers. Directs the Secretary to inform the employer and the affected employees and request that a condition or practice that poses an imminent danger be corrected immediately or that employees be immediately removed from exposure to such danger. Requires such actions if the Secretary determines, on the basis of an inspection or investigation, that a condition or practice in the place of employment is such that an imminent danger to safety or health exists which could reasonably be expected to cause death, serious physical harm, or permanent impairment of health or functional capacity of employees if not corrected immediately. Directs the Secretary to determine whether to post a notice in the workplace if the employer refuses to comply with the Secretary's request. Requires that such notice identify the source of the imminent danger. Grants employees the right to refuse to perform a duty that has been identified as the source of an imminent danger by such a notice, and prohibits discrimination against them for such refusal. Subjects an employer to a civil penalty of from $10,000 to $50,000 for each day during which an employee continues to be exposed if the employer does not immediately correct the hazard referred to in the posted notice or remove all employees from exposure to it, unless the Commission determines that the condition or practice is not covered by such imminent danger provisions. Revises OSHA criminal penalties to increase the maximum amount of fines and the length of prison terms for specified violations, including those for a willful violation causing death, an improper advance notice of an inspection, or a false statement. Establishes criminal penalties for a willful violation that causes serious bodily injury. Prohibits a penalty or fine which is imposed on a director, officer, or agent of an employer from being paid out of the employer's assets on behalf of that individual. Provides that nothing in OSHA shall preclude State and local law enforcement agencies from conducting criminal prosecutions in accordance with State or local laws. Title VI: Protection of Employees from Discrimination - Revises OSHA antidiscrimination provisions to extend coverage to an employee's: (1) reporting any injury, illness, or unsafe condition to the employer, employer's agent, safety and health committee, or employee safety and health representative; and (2) refusing to perform duties when reasonably apprehensive that doing so would result in serious injury to himself/herself or other employees, after having sought and been unable to obtain from the employer corrections of the circumstances causing such refusal. Revises procedures for consideration of complaints of discrimination. Increases the period for filing such complaints from 30 to 180 days after the alleged discrimination. Requires the Secretary, within 60 days after receipt of the complaint, to investigate and notify the complainant and the alleged violator of the findings. Requires such findings to be accompanied by a preliminary order providing relief, if the Secretary has concluded that there is reasonable cause to believe a violation has occurred. Allows the alleged violator or the complainant to file, within 30 days, objections to the findings and/or the preliminary order, and to request a hearing on the record. Provides that such filing of objections shall not operate to stay any reinstatement remedy in the preliminary order. Requires such hearings to be conducted expeditiously. Deems the preliminary order a final order not subject to judicial review if a hearing is not timely requested. Directs the Secretary to issue a final order within 120 days after the conclusion of such hearing. Allows such proceedings to be terminated at any time in the interim on the basis of a settlement agreement by the Secretary, the complainant, and the alleged violator. Requires the Secretary, upon determination that a violation of antidiscrimination provisions has occurred, to order: (1) correction of the violation; (2) reinstatement to the former position with all compensation (including back pay), terms, conditions, and privileges of such employment; and (3) compensatory damages. Authorizes the Secretary, upon request of the complainant, to assess against the person against whom such order is issued all costs and expenses (including attorney's fees) incurred by the complainant in connection with bringing the complaint. Allows adversely affected or aggrieved persons to petition within 60 days to obtain review of such orders in the U.S. Court of Appeals for the appropriate circuit. Directs the Secretary to file a civil action in the appropriate U.S. district court to enforce such orders against persons who fail to comply. Authorizes such court to grant appropriate relief. Provides that the legal burdens of proof that prevail under the Whistleblower Protection Act of 1989 shall govern adjudication of protected activities under OSHA antidiscrimination provisions. Title VII: OSHA and NIOSH Training and Education - Revises OSHA provisions for training and education. Includes education programs for employees and members of safety and health committees, as appropriate, among those programs which the Secretary of HHS is to conduct through NIOSH. Requires the Secretary (of Labor) to develop training materials, model curricula, and programs to assist employers in: (1) providing the training and education required under the new provisions for employer occupational safety and health programs; and (2) complying with OSHA standards. Title VIII: Recordkeeping and Reporting - Revises OSHA provisions relating to statistics to require the Secretary to collect information and conduct analyses that identify: (1) industries, employers, processes, operations, and occupations that have a high rate of injury or illness; (2) factors that cause or contribute to injuries and illnesses; and (3) workers' compensation costs associated with the injuries and illnesses. Requires such data to be publicly available in a form suitable for further statistical analysis, and to be used in setting safety and health standards, targeting inspections of individual establishments, and evaluating standard setting and enforcement programs. Directs the Secretary to require each employer covered by OSHA to report: (1) each work-related death of an employee immediately upon knowledge; and (2) each serious incident resulting in hospitalization of two or more employees within 24 hours of the incident. Revises OSHA requirements for employer records and reports to include (in addition to work-related deaths, injuries, and illnesses) suspected work-related illnesses, including a work-related illness reported by an employee or an employee's physician, unless the employer makes a reasonable determination that the illness is not work-related. Provides that all such employer records and reports shall be made available to the Secretary, the Secretary of HHS, employees, and employee representatives. Title IX: NIOSH - Revises OSHA provisions relating to duties of the Secretary of HHS acting through NIOSH. Includes under hazard evaluation reports an evaluation of whether any hazardous condition or harmful physical agent found in the place of employment poses a risk to exposed employees. Directs the Secretary of HHS, if a final determination of hazard is not made within six months of a request, to provide to the employer and employees an interim report on the known or suspected hazards, a recommendation for control, and an estimate of the time in which a final determination will be made. Directs the Secretary of HHS to identify major factors contributing to occupational injuries and deaths through accident investigations and epidemiological research. Directs the Secretary of HHS to carry out a program to identify and notify employees at increased risk of occupational illnesses, injuries, and deaths, including public information and education programs, and recommendations for appropriate medical surveillance. Requires notification, if they are found to be at increased risk, of subjects of studies funded or conducted by the Secretary of HHS under such program. Specifies that the authority of the Secretary of HHS, and of NIOSH, to inspect records extends to the Secretary's designees and contractors. Directs the Secretary of HHS, through NIOSH (and in cooperation with other HHS agencies and the Secretary of Labor), to establish a national surveillance program to identify cases of occupational illnesses, deaths, and serious injuries. Requires coordination with State health agencies and Federal and State workers' compensation agencies under such program. Directs the Secretary of HHS to collect data each year on the number and characteristics of all occupational deaths and selected occupational illnesses and injuries. Requires, in making such selections, consideration of known frequency and severity of the disorder and of the size of the population at risk. Directs the Secretary of HHS to report on and analyze the occupational deaths, illnesses, and injuries collected under such program, and transmit such information to the Secretary of Labor, State health agencies, employers, employees, and other interested parties. Authorizes the Secretary of HHS to require an employer, through a physician or health professional employed by or under contract to the employer, to report information on occupational deaths, illnesses, and injuries. Establishes NIOSH as a separate agency within the U.S. Public Health Service in the Department of HHS. Title X: State Plans - Revises OSHA requirements for State plans to provide for: (1) development of safety and health programs and safety and health committees and training programs that are at least as effective as those under the new OSHA requirements; and (2) reporting requirements, protection of employee rights, and access to information that are at least as effective as those under OSHA or other Federal laws governing access to information related to OSHA. Requires a State to enforce a Federal OSHA standard until a State standard at least as effective is in effect, if a State fails to adopt or promulgate such a standard within six months after the Federal standard is promulgated. Requires the Secretary (of Labor) to: (1) promptly investigate complaints against a State plan if there are reasonable grounds to believe a deficiency exists; (2) investigate complaints alleging a deficiency in a State enforcement action within 30 days of receipt; and (3) within 30 days of completion of the investigation, transmit findings and recommendations for correction to the State and complainant (or notify the complainant if there are no reasonable grounds to believe a deficiency exists). Requires a State to respond as to what action it has taken on the Secretary's findings and recommendations within 30 days of their receipt. Directs the Secretary to issue a citation with reasonable promptness if, after receipt of the State's response, the Secretary believes a serious violation of OSHA exists for which the State has failed to issue a citation. Requires the Secretary, upon determination that there are reasonable grounds to conclude there is a failure to comply substantially with any provision or assurance of the State plan, to: (1) notify the State and allow six months for correction of deficiencies; (2) institute proceedings for withdrawal of approval of the State plan, if the State has not corrected the deficiencies within six months (unless there are exceptional circumstances); and (3) during the pendency of such proceedings, exercise concurrent jurisdiction with the State over the safety and health issues that are subject to the State plan. Requires States which are operating State safety and health plans to modify them to conform to this Act. Title XI: Victim's Rights - Sets forth provisions for victims' rights under OSHA. Defines a victim as: (1) an employee who has sustained a work-related injury or illness which is the subject of an OSHA inspection or investigation; or (2) the family member of an employee who either is killed or cannot reasonably exercise victim's rights as a result of such an injury or illness. Grants victims the right, on request, to: (1) meet with the Secretary or a representative respecting the inspection or investigation before the Secretary's decision to issue a citation or to take no action; (2) receive a free copy of any citation or report issued as a result of the inspection or investigation; (3) be informed of any notice of contest filed; (4) be provided an explanation of the rights of employees and employee representatives to participate in OSHA enforcement proceedings; and (5) be provided an opportunity to appear and make a statement before the parties conducting any settlement negotiations, before the Secretary agrees to withdraw or modify the citation. Provides that a victim shall have the same rights as an employee under OSHA enforcement procedures. Entitles a victim, if such victims' rights are violated, to declaratory relief, injunctive relief, recovery of costs of securing specified documents, and reasonable attorney's fees and costs. Directs the Secretary to take reasonable actions to inform victims of these rights. Title XII: Worker's Compensation Study - Establishes the Federal Worker's Compensation Commission. Directs the Commission to study worker's compensation laws and system with respect to: (1) the recommendations of the National Commission on State Workmen's Compensation Laws; (2) the feasibility of using workers' compensation data to target loss prevention activities on high risk occupations; (3) the laws' adequacy in providing for needs of injured workers, occupational illnesses and diseases, quality control and medical and rehabilitation costs with cost control, and time for recuperation and counseling before return to full-time work; (4) the administrative system's adequacy and the appropriateness of such laws as the exclusive remedy; (5) the relationship between workers' compensation, safety and health programs, and insurance rates and services; (6) the feasibility and appropriateness of transferring the branch of the Department of Labor involved in workers' compensation studies from the Employment Standards Administration to the Occupational Safety and Health Administration; and (7) the feasibility of preempting State workers' compensation laws with a national program. Requires such Commission to report the results of such study to the President and the Congress. Title XIII: Effective Date - Sets forth the effective date of this Act.
Bill· HRH.R. 3172 (102nd)referred
United States · United States Congress · 1 August 1991
Police Corps and Law Enforcement Training and Education Act - Establishes within the Department of Justice (DOJ) an Office of the Police Corps and Law Enforcement Education to be headed by a Director. Requires a State that desires to participate in the Police Corps program to designate a lead agency and submit a State plan containing assurances with respect to: (1) lead agency cooperation with other State and local agencies; (2) the State advertising of the assistance available; (3) State screening and selection of law enforcement personnel for participation in the program; and (4) compliance with other specified requirements. Authorizes the Director to award college scholarships (including direct payments to institutions and reimbursement of educational costs) to participants who agree to work for four years in a State or local police force after completion of a baccalaureate program and police corps training, subject to specified conditions. Sets forth provisions with respect to: (1) scholarship assistance for dependent children of law enforcement officers killed in the line of duty; (2) the selection of participants; (3) minority recruitment; and (4) leaves of absence. Requires the Director to establish programs to provide basic law enforcement training to State Police Corps program participants. Authorizes such programs to be carried out: (1) at up to three training centers established and administered by the Director; or (2) by contracting with existing State training facilities. Requires participants to attend two eight-week training sessions at such training centers and to meet certain performance standards in order to remain in the Police Corps program. Requires the Director to pay participants a weekly stipend during training. Provides for the swearing in of participants as members of the police force to which they are assigned after completing Federal training and meeting the requirements of that police force. Authorizes the Director, upon a showing of good cause, to permit a participant to complete the service obligation in an equivalent alternative law enforcement service, if the police force of which the participant is a member subjects the participant to discipline which would preclude completion of four years of service on that force. Requires a State, in order to participate in the Police Corps program, to submit a plan for implementing such program to the Director for approval. Requires such plan to: (1) include assurances that participants will receive effective training and leadership; (2) provide that program participants shall be assigned to community and preventive patrol in geographic areas with the greatest need for additional law enforcement personnel; and (3) prohibit participant assignment to any local police force whose size has declined by a specified portion or which has members who have been laid off but not retired. Requires the Director to report annually on the Police Corps program to the Attorney General, the President, and specified congressional officials. Authorizes appropriations.
Bill· HRH.R. 3181 (102nd)referred
United States · United States Congress · 1 August 1991
Amends the Higher Education Act of 1965 with respect to academic libraries in an electronic networked environment. Authorizes appropriations for: (1) college library technology and cooperation grants; (2) library education, research, and development; and (3) improvement of access to research library resources. Requires that such programs be administered in the Department of Education by appropriate experts in library technology, library education, and related fields. Revises the program for college library technology and cooperation grants. Specifies networking as one category of such grants. Increases the amount of the minimum grant award. Sets a maximum grant award amount per institution for any grants to institutions of higher education which need special assistance for certain purposes. Directs the Secretary to give priority for special assistance grants to projects which assist those developing institutions seeking to link one or more institutions to resource sharing networks. Revises the library education research, and development program to allow library education and human resource development grants to be used for educating and training persons in information science (as well as in library science), particularly in areas of critical needs such as recruitment and retention of minorities. Requires that fellowship and traineeship recipients demonstrate need and be working toward a graduate degree. Permits the use of research and demonstration grants for education in information science and enhancement of library services through effective and efficient use of new technologies. Directs the Secretary of Education, in making grants to institutions with major research libraries, to endeavor to achieve broad and equitable geographical distribution throughout the Nation. Prohibits any institution receiving such a grant from receiving a college library technology and cooperation grant.
Bill· HRH.R. 3192 (102nd)referred
United States · United States Congress · 1 August 1991
Amends the General Education Provisions Act to exclude from the definition of educational records, under requirements relating to family educational and privacy rights, any records, maintained by a law enforcement unit or the educational agency or institution, that were created by that law enforcement unit for the purpose of law enforcement.
Bill· HRH.R. 3179 (102nd)referred
United States · United States Congress · 1 August 1991
Cooperative Education Amendments Act of 1991 - Amends the Higher Education Act of 1965 to revise the programs for cooperative education, and to authorize appropriations for them. Reserves 50 percent of such funds for grants for new programs of cooperative education to institutions of higher education (and combinations of such institutions) which have not received such funds for the administration of the cooperative education program for the ten preceding years. Reserves 25 percent of such funds for grants for established programs of cooperative education to institutions of higher education (and combinations of them) that have received such assistance for at least five fiscal years and meet other specified requirements. Limits established program grants to a maximum of five years. Decreases the percentage of the reservation for demonstration projects, and increases those for training and resource centers and for research. Decreases, by specified amounts for each grant year, the Federal share of cooperative education grants. Limits to three percent of such program funds the amount which the Secretary of Education may use to enter into administrative contracts to carry out the program for demonstration and innovation projects, training and resource centers, and research.
Bill· SS. 1606 (102nd)referred
United States · United States Congress · 31 July 1991
Public School Redefinition Act of 1991 - Authorizes the Secretary of Education (the Secretary) to award grants to: (1) State educational agencies (SEAs) with approved applications, to conduct an outcome-based public school program; or (2) an outcome-based public school, with an approved application, that serves a State that elects not to participate in the program assisted under this Act. Requires SEAs to use such grant funds to award grants to one or more outcome-based public schools to plan and implement their programs. Requires a school receiving a direct grant from the Secretary to use it to plan and implement its outcome-based public school program. Limits administrative expenses. Limits the duration of such a grant to any such school to not more than three years. Sets forth matching funds requirements for such schools. Requires grants to be dispersed so as to benefit students in urban and rural areas. Prohibits use of such grant funds for construction or major renovation or repair of facilities, but allows their use for planning, equipment purchases, and other start-up costs, including minor renovation of facilities necessary to meet applicable health and safety requirements. Sets forth applications requirements. Requires an outcome-based public school, in order to receive such a grant, to enter into an outcomes agreement with the sponsor participating in the eligible partnership with it. Provides that such sponsors may be a school board, local educational agency, joint board formed for educational purposes if at least one member is a school board, State educational agency, or any other State or public agency. Makes each outcome-based public school receiving such a grant eligible to receive Federal, State, and local education revenue, grants, and other aid as though such school were a local educational agency. Requires the Secretary or SEA to terminate such grant payments upon determination that the outcome-based public school is not making acceptable progress toward meeting the outcomes described in its agreement. Requires annual State and school reports. Authorizes appropriations.
Bill· SS. 1597 (102nd)referred
United States · United States Congress · 31 July 1991
Rural Health Innovation Demonstration Act of 1991 - Amends the Public Health Service Act to authorize competitive grants for the development of networks among rural and urban health care providers to preserve and share health care resources and enhance the quality and availability of health care in rural areas. Allows the networks to be statewide or regional. Specifies the services for which grant amounts must be used. Authorizes appropriations. Authorizes competitive grants to develop and administer cooperatives in rural areas that will establish an effective case management and reimbursement system designed to support the economic viability of essential public or private health services, facilities, health care systems, and health care resources. Involves the cooperative in matters such as third party reimbursement, employee health insurance, malpractice insurance, and managed care and practice standards. Authorizes appropriations. Authorizes competitive grants to develop and implement a plan for mental health outreach programs in rural areas. Authorizes appropriations. Authorizes grants to enable rural communities to provide stipends to physicians, nurses, or other health professional trainees to encourage such individuals to continue to provide health care services in such communities. Authorizes appropriations to carry out provisions relating to area health education centers.
Law· SS. 1608 (102nd)enacted
United States · United States Congress · 31 July 1991
Amends the Nutrition Labeling and Education Act of 1990 to exempt certain foods from the effect of specified amendments of the Act if: (1) the foods bear a label printed or attached before a certain date; and (2) other requirements are met.
Bill· SS. 1603 (102nd)referred
United States · United States Congress · 31 July 1991
Economic Growth Act of 1991 - Title I: Investment and Job Creation Incentives - Subtitle A: Reduction in Capital Gains Tax for Individuals - Amends the Internal Revenue Code to allow a capital gains deduction for individuals for assets held from one to three years. Provides special rules for the gain or loss from the sale or exchange of collectibles and sales of interests in partnerships. Disallows such deduction in computing the alternative minimum tax. Revises the formula for determining gain from the dispositions of certain depreciable realty to take into account depreciation adjustments (adjustments allowed or allowable for exhaustion, wear and tear, obsolescence, or certain amortization). Subtitle B: Inflation Adjustment for Investments - Requires indexing, based on the consumer price index, of the adjusted basis of certain assets (corporate stock and tangible property that is a capital asset of property used in a trade or business after April 15, 1991) that have been held for more than one year at the time of sale or other transfer, solely for the purpose of determining gain or loss. Provides for the inflation adjustment treatment of: (1) short sales; (2) regulated investment companies and real estate investment trusts; and (3) partnerships, S corporations, and common trust funds. Prohibits gain from the sale or other disposition of an indexed asset from being taken into account under the limitation on investment interest. Subtitle C: Enterprise Zones - Part I: Designation - 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 two years on the effects of such enterprise zones' designation in accomplishing the purposes of this Act. Part II: Federal Income Tax Incentives - Allows a nonrefundable income tax credit to enterprise zone employees for five percent of any wages earned that 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. Excludes enterprise zone capital gains from income computation of alternative minimum taxes. Part 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. Part 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. Part 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. Subtitle D: Research and Experimentation Credit Made Permanent - Makes permanent the tax credit for increasing research activities and the tax credit for clinical testing expenses. Title II: Savings Incentives - Allows individuals to establish individual retirement plus accounts with tax treatment similar to that for individual retirement plans. Makes contributions to such accounts nondeductible. Allows existing individual retirement accounts (IRA) to be rolled over into individual retirement plus accounts with payment of tax on the amount rolled over for which a deduction was once allowable, but no tax when withdrawn. Title III: Homeownership Incentives - Subtitle A: First-Time Homebuyers - Allows a tax credit for the first-time purchase of a principal residence by individuals with incomes of $31,000 or less (phased-out to incomes of up to $41,000). Limits such credit to $1,000. Subtitle B: Penalty-Free IRA Plus Withdrawal for Home Purchase, Higher Education, and Health Costs - Allows penalty-free distributions from IRA Plus accounts of up to 25 percent of the account limit for: (1) first-time homebuyers; (2) medical expenses; and (3) higher education expenses. Title IV: Work Incentives - Subtitle A: Reduction in Social Security Penalty on Working Elderly - Amends title II of the Social Security Act (Federal Old-Age, Survivors, and Disability Insurance Benefits) to raise the earnings limit for retirees. Appropriates to each payor fund amounts equivalent to the aggregate increase in social security benefits payable from such fund which is attributable to such amendment. Directs the Secretary of Health and Human Services to study during 1997 whether further amendments relating to deductions on account of work and the exempt amount under the earnings limit are necessary or appropriate. Subtitle B: Economic Growth Dividend - Requires any economic growth dividend (as determined by the Secretary of the Treasury) to be used to increase the personal exemption amount. Requires, after 1995, all revenues resulting from real growth in the gross national product greater than three percent to fund an increased personal exemption. Requires, for fiscal years beginning on or after October 1, 1992, and before October 1, 1995, that 50 percent of such dividend be used to increase the personal exemption amount and the other 50 percent be used to make a downward adjustment in the maximum deficit amount.
Bill· HRH.R. 3127 (102nd)open
United States · United States Congress · 31 July 1991
Native American University Act of 1991 - Establishes a Native American University to provide a program of undergraduate and graduate education for Native American youth in the arts and sciences. Directs the Secretary of the Interior, with the consent of the University's Board, to designate a site or an appropriate land area for the establishment of the University. Provides that such site shall be held in trust by the Secretary for American Indians, Alaskan Natives, and Native Hawaiians. Authorizes appropriations. Requires the University to establish and operate a study program on Native American culture and the care and management of Native Americans by the U.S. Government (including the care and allotment of Indian lands).
Bill· HRH.R. 3130 (102nd)referred
United States · United States Congress · 31 July 1991
Economic Growth Act of 1991 - Title I: Investment and Job Creation Incentives - Subtitle A: Reduction in Capital Gains Tax for Individuals - Amends the Internal Revenue Code to allow a capital gains deduction for individuals for assets held from one to three years. Provides special rules for the gain or loss from the sale or exchange of collectibles and sales of interest in partnerships. Disallows such deduction in computing the alternative minimum tax. Revises the formula for determining gain from the dispositions of certain depreciable realty to take into account depreciation adjustments (adjustments allowed or allowable for exhaustion, wear and tear, obsolescence, or certain amortization). Subtitle B: Inflation Adjustment for Investments - Requires indexing, based on the consumer price index, of the adjusted basis of certain assets (corporate stock and tangible property that is a capital asset of property used in a trade or business after April 15, 1991) that have been held for more than one year at the time of sale or other transfer, solely for the purpose of determining gain or loss. Provides for the inflation adjustment treatment of: (1) short sales; (2) regulated investment companies and real estate investment trusts; and (3) partnerships, S corporations, and common trust funds. Prohibits gain from the sale or other disposition of an indexed asset from being taken into account under the limitation on investment interest. Subtitle C: Enterprise Zones - Part I: Designation - 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 two years on the effects of such enterprise zones' designation in accomplishing the purposes of this Act. Part 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. Excludes enterprise zone capital gains from income computation of alternative minimum taxes. Part 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. Part 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. Part 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. Subtitle D: Research and Experimentation Credit Made Permanent - Makes permanent the tax credit for increasing research activities and the tax credit for clinical testing expenses. Title II: Savings Incentives - Allows individuals to establish individual retirement plus accounts with tax treatment similar to that for individual retirement plans. Makes contributions to such accounts nondeductible. Allows existing individual retirement accounts (IRA) to be rolled over into individual retirement plus accounts with payment of tax on the amount rolled over for which a deduction was once allowable, but no tax when withdrawn. Title III: Homeownership Incentives - Subtitle A: First-Time Homebuyers - Allows a tax credit for the first-time purchase of a principal residence by individuals with incomes of $31,000 or less (phased-out to incomes of up to $41,000). Limits such credit to $1,000. Subtitle B: Penalty-Free IRA Plus Withdrawal for Home Purchase, Higher Education, and Health Costs - Allows penalty-free distributions from IRA Plus accounts of up to 25 percent of the account limit for: (1) first-time homebuyers; (2) medical expenses; and (3) higher education expenses. Title IV: Work Incentives - Subtitle A: Reduction in Social Security Penalty on Working Elderly - Amends title II of the Social Security Act (Federal Old-Age, Survivors, and Disability Insurance Benefits) to raise the earnings limit for retirees. Appropriates to each payor fund amounts equivalent to the aggregate increase in social security benefits payable from such fund which is attributable to such amendment. Directs the Secretary of Health and Human Services to study during 1997 whether further amendments relating to deductions on account of work and the exempt amount under the earnings limit are necessary or appropriate. Subtitle B: Economic Growth Dividend - Requires any economic growth dividend (as determined by the Secretary of the Treasury) to be used to increase the personal exemption amount. Requires, after 1995, all revenues resulting from real growth in the gross national product greater than three percent to fund an increased personal exemption. Requires, for fiscal years beginning on or after October 1, 1992, and before October 1, 1995, that 50 percent of such dividend be used to increase the personal exemption amount and the other 50 percent be used to make a downward adjustment in the maximum deficit amount.
Bill· HRH.R. 3129 (102nd)referred
United States · United States Congress · 31 July 1991
Amends the Higher Education Act of 1965 (HEA) to provide that students enrolled in courses of instruction at eligible institutions of higher education that are offered in whole or part through visual telecommunications devices or mediums and lead to recognized associate, bachelor, or graduate degrees shall not: (1) be considered to be enrolled in correspondence courses (which are not eligible for student assistance); and (2) have their eligibility to participate in HEA title IV student assistance programs restricted or reduced solely on the basis of their enrollment in such courses offered through visual telecommunications. Prohibits the Secretary of Education, for award years prior to enactment of this Act, to take any action against a student or eligible institution arising out of a prior award of student assistance if the institution demonstrates that its course of instruction would have been in conformance with this Act.
Bill· HRH.R. 3136 (102nd)referred
United States · United States Congress · 31 July 1991
Directs the Secretary of Education to conduct an ongoing comprehensive study of the TRIO programs under the Higher Education Act of 1965 (Special Programs for Students from Disadvantaged Backgrounds, including the Talent Search program, Upward Bound program, student support services program, Ronald E. McNair Post-Baccalaureate Achievement Program, and educational opportunity centers program). Requires biennial reports to the Congress on such study.
Bill· HRH.R. 3135 (102nd)referred
United States · United States Congress · 31 July 1991
Amends the Higher Education Act of 1965 to revise eligibility criteria for the TRIO programs (Special Programs for Students from Disadvantaged Backgrounds, including the Talent Search program, Upward Bound program, student support services program, Ronald E. McNair Post-Baccalaureate Achievement Program, and educational opportunity centers program). Requires that at least two-thirds of participants in such programs be low-income individuals and individuals who are first generation college students. (Current law requires that at least two-thirds be low-income individuals who are first generation college students.)
Bill· HRH.R. 3120 (102nd)referred
United States · United States Congress · 31 July 1991
Expresses the sense of the Congress that foreign language instruction should begin at the elementary school level. Offers certain statements of support and recommendations, including joining in calling for the establishment of a Blue Ribbon Commission to further such goal.
Law· SS. 1593 (102nd)enacted
United States · United States Congress · 30 July 1991
National Commission on Libraries and Information Science Act Amendments of 1991 - Amends the National Commission on Libraries and Information Science Act to revise provisions relating to the powers and functions of the National Commission on Libraries and Information Science (the Commission). Repeals a requirement that the Secretary of Education provide the Commission with administrative services in return for advance payment or reimbursement from Commission funds. Revises provisions relating to contributions to the Commission. Authorizes the Commission to accept, hold, administer, and use gifts, bequests, and devises, and devises of property, both real and personal, to aid or facilitate its work. Requires that money and sales proceeds of other property received as such gifts, bequests, or devises be deposited in the Treasury and available for disbursement upon the Commission's order. Revises the Commission's functions to include activities relating to international (as well as national) communications and cooperative networks. Provides that a majority of Commission members shall constitute a quorum for conduct of business at its official meetings. Revises provisions for the terms of office of Commission members. Authorizes appropriations to carry out such Act for FY 1992 and succeeding fiscal years.
Bill· HRH.R. 3101 (102nd)referred
United States · United States Congress · 30 July 1991
Establishes an Office of Family Support within the Department of Justice (DOJ), to be headed by a Director. Requires the Director to: (1) establish guidelines and oversee the implementation of family-friendly policies within law enforcement-related offices and divisions in DOJ; (2) study the effects of stress on law enforcement personnel and family well-being and disseminate the findings of such studies to Federal, State, and local law enforcement agencies (LEAs), related organizations, and other interested parties; (3) identify and evaluate model programs that provide support services to law enforcement personnel and families; (4) provide technical assistance and training programs to develop stress reduction and family support to State and local LEAs; (5) collect and disseminate information regarding family support, stress reduction, and psychological services to Federal, State, and local LEAs, law enforcement-related organizations, and other interested entities; and (6) determine issues to be researched by the Office and by grant recipients. Authorizes the Director to make grants to States and local LEAs to provide family support services to law enforcement personnel. Directs State or local law enforcement grant recipients to use sums provided to establish or improve training and support programs for law enforcement personnel, including providing at least one of the following services: (1) counseling for law enforcement family members; (2) child care on a 24-hour basis; (3) marital and adolescent support groups; (4) stress reduction programs; and (5) stress education for law enforcement recruits and families. Authorizes such recipients to provide services such as: (1) post-shooting debriefings for officers and their spouses; (2) group therapy; (3) hypertension clinics; (4) counseling for families of personnel killed in the line of duty; and (5) seminars regarding alcohol, drug abuse, gambling, and overeating. Sets forth provisions with respect to: (1) application requirements; (2) geographic distribution of assistance among the States; (3) duration of the grant (not to exceed five years); and (4) limitations on the use of grant funds (not more than ten percent) for administrative purposes. Authorizes the Director to reserve ten percent of appropriated funds for discretionary research grants. Sets forth reporting requirements (by grant recipients and by the Director). Authorizes appropriations.
Bill· HRH.R. 3114 (102nd)referred
United States · United States Congress · 30 July 1991
Amends the Higher Education Act of 1965 to revise the Pell Grant program to: (1) permit recipients to receive increased award amounts to cover more than one full-time academic year of study during a 12-month award year period; and (2) extend the period of eligibility by one academic year.
Bill· HRH.R. 3098 (102nd)referred
United States · United States Congress · 30 July 1991
Hispanic Access to Higher Education Act of 1991 - Amends the Higher Education Act of 1965 (HEA) to establish an integrated early outreach program. Directs the Secretary of Education (the Secretary) to make grants and contracts to specified types of entities for providing various educational services to develop the academic skills and self-confidence of program participants necessary for success in higher education. Requires that: (1) at least two-thirds of program participants be low-income, racial or ethnic minorities underrepresented in higher education who are first-generation college students; and (2) the remaining one-third of such participants be either low-income individuals or first-generation college students. Requires participants to have completed three years of elementary education, and be between eight and 19 years of age (unless such limitations would defeat program purposes). Requires annual program reports to include data on student academic progress, appropriate income measures, gender, English proficiency, and the racial and ethnic background of program participants and service providers. Authorizes appropriations. Directs the Secretary to conduct a biennial survey, through the National Center for Educational Statistics, of factors associated with participation of low-income and minority students in various types of postsecondary education. Sets forth requirements for development of such survey and types of data to be included. Establishes a demonstration program of Stafford student loan forgiveness for any borrower employed as a full-time teacher: (1) in a school which qualifies under HEA for loan cancellation for Perkins student loan recipients who teach at such schools; and (2) of mathematics, science, foreign languages, special education, bilingual education, or any other field where the State educational agency determines there is a shortage of qualified teachers. Directs the Secretary to assume the obligation to repay the following percentages of Stafford loans incurred during the borrower's last two undergraduate years: (1) 15 percent for the first or second academic year in which the borrower is a full-time teacher; (2) 20 percent for the third or fourth such years of teaching; and (3) 30 percent for the fifth year. Sets forth a special rule authorizing such repayments with respect to Stafford loans for a maximum of two years in returning to an institution of higher education after graduation to obtain a teaching certificate. Authorizes the Secretary to make grants to State educational agencies (SEAs) to conduct Teacher Corps activities. Bases the amount of such grants on relative school-age population. Directs the Secretary to use funds for such program to: (1) disseminate information nationally about the availability of Teacher Corps scholarships to individuals leaving the armed services; and (2) conduct activities, with SEA cooperation, which foster communications and meetings, including training, of Teacher Corps members. Authorizes each SEA receiving such a grant to use such funds for: (1) grants to local educational agencies (LEAs) for induction and mentor programs; (2) in-service and mentoring program for Teacher Corps members at State and local levels; (3) technical assistance to LEAs for Teacher Corps and induction programs; (4) evaluation of Teacher Corps membership applications and awarding Teacher Corps scholarships; (5) Teacher Corps awards to individuals in training to become a school psychologist, school social worker, or a school counselor; (6) ensuring that members understand repayment obligations resulting from noncompliance with scholarship conditions; (7) assistance for employment placement of Teacher Corps members; and (8) collection of scholarship repayments. Requires SEAs to give priority in awarding grants to LEAs with the greatest proportion of disadvantaged students, including racial and ethnic minorities. Allows each SEA to choose to administer such program through a preexisting experienced panel. Authorizes LEAs receiving grants to use such funds for: (1) induction programs for new Teacher Corps members and other new teachers; and (2) ensuring that Teacher Corps members participate in an induction program for at least one year, including working with a mentor teacher designated by the LEA. Allows such induction programs to be developed in cooperation with institutions of higher education. Requires the SEA, in cooperation with the State higher education agency, to select Teacher Corps members. Requires the SEA-established criteria to include specified factors. Requires special consideration for individuals who intend to teach limited English-proficient students, preschool age children, or students with disabilities (or to provide related services to students with disabilities). Requires priority consideration for individuals from disadvantaged backgrounds, including racial and ethnic minorities and individuals with disabilities, who are underrepresented in the teaching profession or the curricular areas in which they are preparing to teach. Sets forth application requirements for Teacher Corps membership, SEAs, and LEAs. Provides for Teacher Corps scholarships. Limits individual eligibility to a maximum of three years of specified types of programs of study. Limits individual scholarship amount and duration. Requires that such scholarships be considered in determining eligibility for HEA student assistance. Requires that total assistance not exceed need. Provides for continued eligibility. Sets forth scholarship conditions, including agreement to work as a teacher, upon completion of education, for five years in a school which qualifies for Perkins student loan cancellation under HEA, or to repay all or part of the scholarship, plus interest, if scholarship conditions are not complied with. Requires SEAs receiving Teacher Corps assistance to: (1) publicize availability of and application procedures for Teacher Corps scholarships, particularly among specified types of students and individuals; and (2) recruit minority students to participate in the Teacher Corps program. Authorizes appropriations. Prohibits any such funds from being appropriated unless the amount appropriated to carry out the Paul Douglas Congressional Teacher Scholarships program under HEA equals or exceeds a specified amount. Amends HEA to establish the Teacher Opportunity Corps (TOC) program, to encourage institutions of higher education to offer educational programs and financial assistance to enable paraprofessionals working in shortage area schools serving disadvantaged students to become certified teachers. Directs the Secretary to allocate TOC program grant funds to States according to the same formula under which States receive funding for education of disadvantaged children. Requires TOC grant program agreements to include provisions for administration and recordkeeping by the State education or higher education agency. Authorizes the Secretary to make grants to States to support TOC programs at institutions of higher education. Sets forth State grant application requirements and general criteria for State grants, including: (1) involvement of institutions of higher education and shortage area schools or school districts; (2) full creditability to a baccalaureate program leading to teacher certification; (3) a program evaluation system; and (4) appropriate credit for paraprofessional classroom experience as practice or student teaching. Requires any paraprofessional who receives student financial assistance under the TOC program to agree to act as a paraprofessional in a shortage area school for at least one year for each year of such assistance, within ten years after completing the postsecondary education. Requires repayment of all or part of such assistance, plus interest and reasonable collection costs, if the recipient fails to comply with this service requirement, except in specified circumstances. Requires that such student financial assistance supplement, but not supplant, other Federal or State assistance for which the student would otherwise qualify. Requires TOC program grants to be for a term of at least five years, subject to availability of appropriations. Allows States to use TOC program funds for: (1) student financial assistance to paraprofessionals to pay part or all of the costs of attendance (including child care) in postsecondary education programs required for teacher certification; (2) supportive services for such paraprofessionals during participation in such programs; and (3) payment of wage costs of substitute paraprofessionals to afford employed paraprofessionals release-time to attend postsecondary classes required for teacher certification. Authorizes appropriations. Revises HEA with respect to Special Programs for Student from Disadvantaged Backgrounds to require the Secretary to consider the geographic location of first-time applicants for such funding to ensure that projects are evenly distributed geographically and are able to service the needs of large concentrations of disadvantaged students. Includes community-based organizations among the entities which may receive grants and contracts for such programs. Authorizes the Secretary to compile data on the students served by the projects assisted. Requires such data to include specified minimum components. Revises HEA special programs for students whose families are engaged in migrant and seasonal farmwork. Expands eligibility for the high school equivalency program and the college assistance migrant program to include certain persons who have participated in specified programs under the Elementary and Secondary Education Act of 1965 or the Job Training Partnership Act. Extends the grant period from three to five years. Extends the authorization of appropriations for the high school equivalency program and the college assistance migrant program. Authorizes the Secretary to carry out a National Mini-Corps Program to: (1) provide certain migrant college students with training to help them serve as student or teacher role models, links to the community, and tutors and teachers of migrant children; (2) designate college coordinators at participating institutions to train, supervise, and assign migrant students in cooperation with the operating State agency in which migrant children with special needs have been identified; (3) provide academic assistance, home visits, parental involvement, parent-student advisement services, and family advocacy; (4) provide that the instructional services for migrant children are to be coordinated with the overall educational goals of the operating State agency; and (5) provide that migrant students participating in such programs work from ten to 15 hours per week and receive stipends for such services. Authorizes appropriations.
Resolution· HRESH.Res. 208 (102nd)passed
United States · United States Congress · 30 July 1991
Authorizes the Speaker of the House of Representatives to enter into an agreement with the Triangle Coalition for Science and Technology Education to establish an Albert Einstein Congressional Fellowship Program providing for two fellowships within the House, in each fiscal year, beginning in FY 1992. Provides for the agreement only if the Triangle Coalition for Science and Technology meets certain program requirements.
Law· SS. 1577 (102nd)enacted
United States · United States Congress · 29 July 1991
Alzheimer's Disease Research, Training, and Education Amendments of 1991 - Amends the Alzheimer's Disease and Related Dementias Services Research Act of 1986 to rename the Act as the Alzheimer's Disease and Related Dementias Research Act of 1991. Changes, with regard to the Council on Alzheimer's Disease: (1) the composition and designated chair; (2) Council duties; and (3) congressional reporting requirements. Replaces, on the Advisory Panel on Alzheimer's Disease, the Director of the National Center for Health Services Research and Health Care Technology Assessment with the Administrator of the Agency for Health Care Policy and Research. Provides for staggered terms for Panel members. Modifies: (1) vacancy procedures; (2) minimum meeting frequency; and (3) compensation requirements. Abolishes the Panel on September 30, 1994. Authorizes appropriations. Alters the Alzheimer's disease research responsibilities of: (1) the National Institute of Mental Health; and (2) the Agency for Health Care Policy and Research. Authorizes appropriations. Replaces provisions relating to education programs for providers of care for individuals with Alzheimer's disease with provisions authorizing, with regard to Alzheimer's disease and related disorders, grants for: (1) training and continuing education; (2) model training programs; and (3) educating health care providers and families on care and on community assistance sources. Authorizes appropriations. Establishes a National Alzheimer's Education Program to take specified actions, including developing and distributing educational materials and working with the media to provide information. Authorizes appropriations. Amends the Public Health Service Act to allow Federal payments to Alzheimer's disease centers to be used for construction of the centers, but not for land acquisition. Authorizes appropriations.
Bill· HRH.R. 3083 (102nd)open
United States · United States Congress · 29 July 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. Grants the Secretary discretionary authority to appoint auditors to audit the Asociation to provide the Secretary with full and prompt access to its books, records, and other requested information. Requires the Association, if the capital ratio is less than two percent at the end of its most recent calendar quarter, to submit a plan within 60 days to the Secretary for causing the capital ratio to equal or exceed two percent within 36 months. Sets forth requirements for such capital plan, including consultation, approval or disapproval by the Secretary, and copies and reports to specified congressional committees. Requires the Association, if the capital ratio does not exceed one and one-half percent, to submit to the Secretary a modified plan to increase promptly its capital ratio to one and one-half percent or more. Sets forth requirements for consultation, approval or disapproval by the Secretary, and copies and reports to specified congressional committees. Requires the Secretary, if the Association's capital ratio does not equal or exceed one and one-half percent, to take the following actions with respect to the Association until the ratio does so: (1) limit any increase, or order reduction of, any liabilities, except as necessary to fund student loan purchases and warehousing advances; (2) restrict or eliminate growth of assets, other than such purchases and advances; (3) restrict it from making any capital distributions; (4) require issuance of new capital in any form and amount sufficient to restore at least one and one-half percent capital ratio; and (5) prohibit it from increasing any executive compensation (including bonuses) and prohibit its Board from adopting any new employment severance contracts. 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 Association 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 and one-half percent capital ratios if it is rated in one of the two highest full rating categories by two nationally recognized statistical rating organizations (or one if only one is willing to provide a rating without regard to the Association status as a federally chartered corporation). Prohibits the Secretary, the Secretary of Education, the CBO, and the GAO from disclosing any information treated as confidential by the Association and obtained pursuant to this Act. (But provides that this does not authorize the Secretary of Education, the CBO, and the GAO to withhold information from the Congress, or prevent them from complying with a request for information from any other Federal agency within the scope of its jurisdiction, or complying with a Federal court order in an action brought by the United States.) Defines capital ratio. Revises HEA provisions relating to the Association's stock to provide for a single class of voting common stock (converting all previously authorized shares of voting and nonvoting common stock). Revises HEA provisions relating to the Association's Board of Directors. Sets forth qualification requirements for affiliated members.
Bill· HRH.R. 3078 (102nd)referred
United States · United States Congress · 29 July 1991
Amends the Higher Education Act of 1965 to exclude from the calculation of expected family contribution in the determination of need for assistance under the Pell Grant program and other student assistance programs the following assets: (1) the family's principal place of residence; or (2) a family farm on which the family resides.
Bill· HRH.R. 3080 (102nd)referred
United States · United States Congress · 29 July 1991
Amends the Higher Education Act of 1965 to authorize the Secretary of Education to provide financial assistance, upon application, to Saint Paul's College in Lawrenceville, Virginia, to construct: (1) a regional fine arts center; and (2) a child development center and single parent support system complex. Authorizes appropriations.
Bill· SS. 1566 (102nd)referred
United States · United States Congress · 26 July 1991
Savings Without Penalty Act of 1991 - Amends the Internal Revenue Code to allow penalty-free distributions from eligible individual retirement plans for: (1) qualified first-time home purchases; (2) qualified higher education expenses; (3) a period of involuntary unemployment; and (4) certain medical expenses.
Bill· HRH.R. 3063 (102nd)referred
United States · United States Congress · 26 July 1991
Children and Families Services Act of 1991 - Title I: Strengthening Families; Preventing Child Abuse and Neglect; Preventing the Avoidable Separation of Families - Amends title IV (Grants to States for Aid and Services to Needy Families with Children and for Child-Welfare Services) of the Social Security Act (the Act) to provide for family crisis intervention. Entitles States to Federal payments for intensive family-based crisis intervention programs for families whose children are at imminent risk of placement outside their homes in order to: (1) maintain children safely in their homes; (2) preserve their families; and (3) reduce the use of unnecessary separation of children from their families. Sets forth requirements for State plans, annual reports, and payments to States. Amends part A (Aid to Families with Dependent Children) (AFDC) of title IV of the Act to authorize States, in order to encourage family reunification under specified planned conditions to: (1) continue AFDC payments after removal of a child from a family; and (2) resume AFDC payments before reunification. Requires States which elect to make such continued or resumed payments to report annually on: (1) the number of families so assisted; (2) the number of such families to which the children were returned; (3) the time frames for such returns; and (4) the impact of such assistance on reunification. Amends part E (Federal Payments for Foster Care and Adoption Assistance) of title IV of the Act to authorize States to make payments and provide assistance for aftercare services to preserve families, under specified conditions. Allows such continued payments and assistance on behalf of a child who has been returned from foster care to the parents or another family member as if the child were in foster care, under specified planned conditions. Requires States which provide such payments or assistance to report annually on the effectiveness of such aftercare services in minimizing reentry of children into foster care. Directs the Secretary of Health and Human Services (HHS) to submit an annual summary of such reports to the Congress. Title II: Improving the Quality of Out-of-Home Care - Revises the independent living initiatives transition program under part E of title IV of the Act to remove certain asset limitations under AFDC and other title IV programs and under the title XIX Medicaid program for purposes of determining a reasonable amount of assets to allows a child to establish a household under such transition program. Authorizes States to continue part E foster care maintenance payments with respect to a child, who would be otherwise ineligible as a result of attaining the applicable age limit, until that child reaches a higher age specified by the State (but not more than 21 years), if the child is participating in a program for transition from foster care to independent living and a written plan has been or is being developed. Provides for Medicaid transitional benefit eligibility for any child under 21 years of age who is participating in an independent living initiatives transition program. Establishes a demonstration program of grants to increase housing opportunities for youth making the transition from foster care to independent living, under part E of title IV of the Act. Directs the Secretary of HHS to make such grants, on a competitive basis, to five cities for the development and operation of programs to provide a broad range of housing-related activities for individuals participating in transition programs for independent living initiatives. Requires, in order for a city to be eligible for such a grant, that: (1) its fair market rent for a one-bedroom apartment exceeds the national median; and (2) child welfare and housing agencies cooperate in planning and developing grant activities. Sets a minimum grant amount. Requires use of such grants for: (1) housing-search assistance; (2) housing-related counseling; (3) up to 18 months or rent subsidies to assist transition to permanent housing; (4) moving-related expenses, including security and utility deposits; and (5) room and board in adult-supervised group living programs to assist individuals to live independently. Prohibits use of more than ten percent of any such grant for payment of housing renovation or rehabilitation costs. Prohibits use of such grants for new housing construction. Authorizes appropriations. Revises part E with respect to State plans for foster care and adoption assistance to add health care requirements for early and periodic screening, diagnostic, and treatment (EPSDT) services. Requires the State to ensure that: (1) each child in foster care under the State's responsibility shall have a specified type of health care record; (2) each such child who is eligible for Medicaid is provided assessments and services required under the EPSDT program; (3) each such child who is not eligible for Medicaid is provided comprehensive health assessments comparable to those under the EPSDT program; (4) State agency personnel and foster care providers have been satisfactorily trained to meet the responsibilities under a plan for a child's proper care and appropriate services; and (5) appropriate information from the child's health care record (including at least an abbreviated summary of the health care plan) is provided, when the child is to be in their care, to foster parents or other care providers, parents or guardians, prospective adoptive parents or adoptive parents, and the child when discharged to his or her own care. Requires inclusion in the health care record, if appropriate, of a record indicating that the foster care provider was advised of the child's eligibility for EPSDT services. Provides for reimbursement of the costs of providing for health and dental examinations of foster care children ineligible for Medicaid. Requires part E program plans to: (1) provide training foster parents and staff of child-care institutions; and (2) require satisfactory participation in such training by any foster parent or one preparing to qualify as a foster parent and by child-care institution staff members who have responsibilities with respect to foster children, as a condition of eligibility for foster care maintenance payments. Sets forth requirements for such training program, including periodic training and retraining and child care services for participants. Directs the Secretary of HHS to develop and disseminate model training programs and curricula. Allows such training program costs to be considered as specified administrative expenses. Title III: Enhancing Adoption Assistance - Authorizes each State with an approved part E plan to make post-adoption assistance payments to the adoptive parents of children with special needs who have entered into adoption agreements with the State. Provides for reimbursement for such payments. Provides that such payments may cover respite care for adoptive parents and other specialized treatment services required by children with special needs which are not reimbursable under the agreement or Medicaid (but not including care in a child care institution unless the child was there when the adoption became final). Revises part E with respect to periodic review of a child's status to require: (1) in the case of a child who should be placed for adoption, a description of the specific steps that must be taken to enhance the likelihood of freeing the child for adoption and finding an adoptive family, and a timetable for subsequent periodic reviews of progress toward adoption; and (2) in the case of a child who is legally free for adoption, a determination and documentation of the specific steps which must be taken to find an adoptive family, including the extent of contacting for assistance adoption exchanges and agencies with experience in placing children with special needs. Requires part E case plans to include an assurance that the agency responsible for the child in foster care has evaluated the child's eligibility for supplemental security income (SSI) program benefits under title XVI of the Act and, where appropriate, has proceeded with the application for such benefits. Title IV: Strengthening Service Delivery - Amends part B (Child Welfare Services) of title IV of the Act to establish a program of grants for improving staff recruitment, retention, competency, and training. Authorizes the Secretary of HHS to make such grants, on a multiyear and competitive basis, to public and private nonprofit child welfare, juvenile justice, and mental health agencies as well as to social service agencies for improved cooperation in delivery of services to children and adolescents or their families, and to schools of social work and other higher education institutions for stipends for students to provide certain such services). Authorizes appropriations. Directs the Secretary of HHS to select an organization with demonstrated experience in measuring human service agency workloads to study and report on workload methodologies among providers of child welfare services and community mental health services. Sets forth various topics and requirements for such study. Directs the Secretary to establish an advisory panel to oversee such study. Authorizes appropriations.
Bill· SS. 1562 (102nd)referred
United States · United States Congress · 25 July 1991
Self-Reliance Scholarship Act of 1991 - Amends the Higher Education Act of 1965 (HEA) to provide for Self-Reliance Scholarships to assist students in financing their undergraduate and graduate education. Establishes the self-reliance scholarship program as a student loan program, with repayments to be made over chosen periods under the income tax system on the basis of the individual's adjusted gross income. Requires the Director of the Office of Self-Reliance Scholarships established by this Act (the Director) to make such loans to each eligible student who qualifies, in an amount determined according to a specified formula. Authorizes the Director to enter into a contract for the conduct of the program or any portion of it. Requires each eligible institution to submit a list of loan applicants and the amounts for which they are qualified and promptly notify the Director of any change in their enrollment status. Requires the Director to establish an account for each such loan recipient by name and taxpayer identification number and provide for the increase of the total amount stated for such account by any amounts subsequently loaned to such recipient. Sets forth the terms of institutional agreements under such program, enforcement provisions, and reporting requirements. Requires each eligible institution entering such a program agreement, if it experiences a percentage increase in its cost of attendance exceeding a certain amount, to report to the Director on such increase and its justification. Requires the Director to report to the Congress on the reasons for such excessive increases and whether such information should be used as a basis on which to suspend or revoke, in whole or in part, the agreement with the eligible institution. Sets forth annual and aggregate limits on the amounts of such loans to individuals, with adjustments for inflation and for less than full-time students. Sets forth loan terms and provisions for disbursement of proceeds. Prohibits the amount of any such loan from being taken into consideration in determining student eligibility for assistance under any other program assisted under HEA. Establishes in the Treasury the Education Trust Fund (the Fund), consisting of transfers from education loan repayment taxes and surtaxes on individuals with incomes over $1,000,000 and from loan refunds after student withdrawals, amounts received pursuant to the issuance of obligations, and any interest earned on Fund investments. Bases the transfer of tax and surtax amounts on estimates. Requires the Secretary of the Treasury to invest the portion of the Fund which the Director judges is not required to meet current withdrawals. Authorizes the Fund to issue certain obligations. Authorizes the Director to obligate certain sums available to the the Fund for specified purposes. Requires the Director to hold the Fund and report annually to the Congress on its financial condition, the results of its operations, and its expected condition and operations. Provides for repayment of such loans. Requires the Director to develop and implement a procedure for computing repayment percentage options for each borrower, taking specified factors into consideration. Sets various limits on such repayments based on the individual's adjusted gross income. Limits the maximum repayment period to 25 years, with individuals given the option of selecting a 15-, 20- or 25-year repayment period. Requires development of a buyout procedure, including interest and a prepayment penalty. Requires the Director to: (1) provide each borrower with the option to select a repayment status with a repayment percentage determined in accordance with specified procedures and factors; and (2) transmit such information along with the borrower's taxpayer identification number to the borrower and to the Secretary of the Treasury by January 1 of each calendar year. Requires repayment status to commence at the start of the first taxable year following either the date of the loan or the date of graduation, but in no event later than the sixth taxable year after the date of the loan. Authorizes the Director to establish special repayment rules for individuals in categories of special consideration. Makes proprietary trade schools ineligible for the Self-Reliance Scholarship program. Makes eligible for such scholarships any student who is a U.S. citizen of age 17 through 50. Amends the Internal Revenue Code to establish the education loan repayment tax, to be imposed upon individuals certified by the Director in an amount equal to the repayment percentage of the taxpayer's adjusted gross income for the taxable year. Sets forth minimum and maximum adjusted gross income amounts. Sets forth requirements for joint returns. Establishes a surtax on individuals with taxable incomes over $1,000,000. Imposes such surtax on income tax at a specified rate in certain cases, and on the tentative minimum tax at a specified rate in certain cases. Makes special rules for a surtax on estate and trusts and for treatment of married individuals filing separate returns. Amends the Department of Education Organization Act to establish the Office of Self-Reliance Scholarships, to be administered by the Director who is responsible for overseeing this Act.
Bill· HRH.R. 3037 (102nd)referred
United States · United States Congress · 25 July 1991
Health Care Liability Reform and Quality of Care Improvement Act of 1991 - Title I: Findings and Purpose - Sets forth: (1) findings regarding this Act and (2) the purpose of this Act. Title II: Health Care Liability Reforms - Requires, in order to be eligible to participate in the incentive program provided for in this title, that States have in effect the health care liability reforms set forth in this title. Requires, in any health care liability action, the liability of each defendant for non-economic damages to be several and not joint, with each defendant liable only for the proportion of that defendant's fault and a separate judgment against that defendant in that amount. Prohibits awarding non-economic damages over a certain dollar amount in any health care liability action, subject to waiver. Reduces the total damages received by a plaintiff by the amount of any collateral source benefits. Allows: (1) future economic damage awards to be paid periodically based on when the damages are likely to occur or at the time the damages accrue; and (2) in certain circumstances, the court to require the health care provider to purchase an annuity or fund a reversionary trust to make such periodic payments. Prohibits reopening a judgment awarding periodic payments to contest, amend, or modify the schedule or amount in the absence of fraud or any ground permitting relief after entry of a final judgment. Declares it U.S. policy to encourage alternative dispute resolution (ADR). Requires a State to establish at least one ADR mechanism. Requires a State to: (1) cooperate with Federal research efforts regarding patient outcomes, clinical effectiveness, and clinical practice guidelines; (2) collect, analyze, and supply the Secretary of Health and Human Services with information regarding the performance of State medical boards; and (3) impose continuing education requirements on a disciplined physician. Allows alternatives to these requirements regarding medical boards and continuing education if the Secretary finds the alternatives at least as effective in reducing the incidence of negligence as compliance with the requirements. Allows States three years from the adoption of this Act to enact, adopt, or otherwise comply with the requirements of this title. Requires withholding two percent of payments to States computed under specified provisions of title XIX (Medicaid) of the Social Security Act and one percent of payments to hospitals computed under specified provisions of title XVIII (Medicare) of the Social Security Act and redistribution of the withheld funds to those States and hospitals which have complied with the provisions of this title. Allows waiver of the requirements of this title for any experimental, pilot, or demonstration project which is likely to assist in promoting the objectives of this Act. Title III: Federal Implementation of Health Care Liability Reforms - Amends Federal law to prohibit, in a health care liability action, finding the United States jointly and severally liable for non-economic damages. Allows liability only for those non-economic damages directly attributable to its pro rata share of fault. Reduces damages paid by the United States by the amount of any collateral source benefits. Prohibits awarding non-economic damages, in an action against the United States, over a certain dollar amount. Requires, at the request of the United States when future economic damages are awarded in excess of a specified amount, an order that such damages be paid by periodic payments based on when the damages are likely to occur. Allows the United States, in such cases, to pay the judgment periodically, purchase an annuity, or fund a reversionary trust. Prohibits reopening the judgment to contest, amend, or modify the schedule or amount in the absence of fraud or any ground permitting relief after entry of a final judgment. Title IV: Construction of Provisions - Provides for construction of this Act, severability, and the effective date of this Act.
Law· HRH.R. 3033 (102nd)enacted
United States · United States Congress · 25 July 1991
Job Training Reform Amendments - 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 maintin current service levels. Amends the Job Training Partnership Act (JTPA) to authorize appropriations. Defines "basic skills deficient" as reading or computing skills at or below 8th grade level. Adds the Association of Farmworker Opportunity Programs, the Center for Employment Training, and organizations serving older workers to the list of community-based organizations. Strikes from such list the National Urban Indian Council. Revises the definition of "economically disadvantaged" to: (1) refer to income guidelines promulgated each year by the Secretary of Health and Human Services; and (2) include those determined eligible for, even if not receiving, food stamps. Revises the definition of "supportive services" to include drug and alcohol abuse counseling and referral and individual and family counseling. Includes representatives of local welfare agencies on private industry councils (PICs). 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. 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 welfare dependency). Provides for the following additional factors in performance standards for youth programs: (1) attainment of employability competencies; (2) eighth grade, secondary and postsecondary school completion or its equivalent; and (3) enrollment in other education, training, or employment programs or apprenticeships, or enlistment in the Armed Forces. 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 standards relating gross program expenditures to various 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 and exceed performance standards for long-term placement of 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. Eliminates, however, the requirement that such standards make appropriate allowance for the difference in cost resulting from serving workers receiving certain 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, particulary long-term welfare recipients, including those receiving benefits under the aid to families with dependent children (AFDC) and supplement security income (SSI) programs 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 variations in JTPA performance standards for special populations to be served. (Current law requires prescription 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. Directs the Secretary to establish uniform criteria for determining SDA failure to meet performance standards and for requiring certain remedial responses. Sets forth required responses to failures to meet such standards, including a process for correction. Requires each State Governor to report annually on the final performance of each SDA and on the Governor's plans to provide technical assistance to SDAs failing to meet the prescribed uniform criteria. Directs the Secretary, upon determination that the Governor has not provided appropriate technical assistance, to provide such assistance using specified funds withheld from the State administration set-aside. Requires the Governor, if an SDA continues to fail to meet performance standards for two program years, to: (1) notify the Secretary and the SDA of the continued failure; and (2) develop and impose a reorganization plan. Directs the Secretary, if the Governor has not initiated such requirements within 90 days after the end of the second program year of such failure, to develop and impose such reorganization plan, using the specified withheld funds. Allows the alternative administrative entity under such reorganization plan to be a newly formed private industry council or any agency jointly selected by the Governor and the chief elected official of the largest local government in the SDA or substate area. Allows SDA to appeal for revision of such reorganization plans. Defines "employment," for purposes of JTPA performance standards, as employment for more than 20 hours per week. 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 purpose and the needs established in the Governor's coordination and special services plan; and (2) documentation of compliance with procurement standards established by the Secreary, 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. Provides for recapture and reallotment of unexpended funds for training services for the disadvantaged youth program. Revises requirements for the Governor's coordination and special services plans to include descriptions of State coordination measures and projected grant uses. Includes State agencies primarily responsible for administration of programs for older workers among those which may be represented on the State Job Coordinating Council. Revises provisions for State education coordination and grants. Repeals specified provisions for training programs for older workers. Requires identification of any State- or SDA-rule, regulation, policy, or performance standard relating to administration and operation of programs 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 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. Requires placements made in unsubsidized employment to be in job areas related to the training provided to the participant. Allows an SDA which is a city or a country to serve residents of either the city or the country if the city is located within the county and is a separate SDA. 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. Prohibits JTPA funds from being used for employment generating activities, economic development activities, revolving loan funds, capitalization of businesses, contract bidding resource centers, activities to induce or encourage relocations resulting in loss of employment at the previous existing location, and similar activities that do not result in the direct creation of jobs into which program participants are placed. Prohibits the use for foreign travel of funds for: (1) training services for the disadvantaged; or (2) employment and training assistance for dislocated workers. Extends specified minimum wage exemptions to certain SDAs. 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 Secretary to establish procurement standards for States, 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 biennially the State's implementation, monitoring, and enforcement of such standards. Directs the Secretary, upon determination that the Governor has not fulfilled such requirements, to impose such corrective actions and sanctions. Requires the Governor, in cases of failure to take required corrective actions for substantial violations of JTPA provisions or regulations, to direct the Governor to: (1) issue a notice of intent to revoke approval of all or part of the plan affected; or (2) impose a reorganization plan, which may include specified changes. Provides for appeals of corrective actions and sanctions. Directs the Secretary to take such actions if the Governor fails to do so promptly. Directs the Secretary to: (1) review the implementation of these requirements and report with recommendations to the Congress on the effectiveness of such provisions; and (2) provide for an independent study of the amount and use of program income received by service providers, and submit such study with recommendations to the Congress. Revises reporting, recordkeeping, and requirements 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 national 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. Requires States, administrative entities conducting the program, and recipients (other than sub-recipients) to monitor the performance of service providers in complying with the agreements under JTPA. Requires Governors to ensure that requirements are established for retention of records for specified periods. Revises requirements for information in reports. Directs the Secretary to ensure that all elements required for reports are defined and reported uniformly. Revises provisions for training services for the disadvantaged adults and youth. 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 or older) 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 cash welfare payments; (4) offenders; (5) individuals with disabilities; or (6) homeless. (Retains the current provision that allows up to ten percent of program participants in an SDA not to be economically disadvantaged if they have encountered barriers to employment.) Requires SDAs to: (1) make special efforts and expenditures to serve older workers; (2) coordinate delivery of such services with those under the Older Americans Act; and (3) give priority to service providers with demonstrated effectiveness in providing such services. Establishes adult program design requirements, 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 (including language) and occupational skills training and supportive services. Requires that job search, skills training, job club, and 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 provision 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. 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 program under certain conditions. Revises provisions for summer youth employment 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; (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 program and in disadvantaged youth programs. Sets forth provisions for the disadvantaged youth program. Revises allotment formulas to establish set-aside for State education coordination and grants. Revises eligibility requirements for in-school youth and out-of-school youth. Requires that at least 60 percent of the funds for in-school youth and for out-of-school youth, respectively, be used for participation of specified targeted groups. 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 concurrentllly, 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 service 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. Provides, with respect to 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. Extends the authorization for specified demonstration programs. Revises employment and training programs for Native American and migrant and seasonal farmworkers. 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, Native Alaskans, and Native Hawaiians to positions in such unit. Authorizes the Secretary to waive, under 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 provisions for the Job Corps. Revises the age limits for participation in the Job Corps to allow not more than 20 percent of the enrollees to be from age 22 through 24. Declares that JTPA allows participants to participate concurrently or sequentially in both the Job Corps and training services for the disadvantaged. Increases from ten to 20 percent the allowable number of nonresidential participants enrolled in the Job Corps in any year. Requires that, in enrolling nonresident participants, priority be given to those eligible individuals who are single parents with dependent children. Prohibits use of Department of Labor funds to contract with a nongovernmental agency to administer or manage a Civilian Conservation Center of the Job Corps on public land. Directs the Secretary, as practicable, to provide child care at or near Job Corps centers for individuals who require such care for their children in order to participate in the Job Corps. Requires each Job Corps center to provide alcohol and drug abuse counseling and referral to participate who need such services. Directs the Secretary to provide all nonprofit Job Corps contractors with an equitable and negotiated management fee of not less than one percent of the contract amount. Revises provisions for national activities, including research, demonstration, training and technical assistance. Directs the Secretary to provide guidance and technical assistance to State and SDAs relating to documentation of participants' eligibility for training services for the disadvantaged. Directs the Secretary to: (1) lead the Departments of Labor of Education, of Health and Human Services, and other appropriate departments in identifying a core set of consistently defined data elements for employment and training programs; and (2) report to the Congress on recommended data elements and definitions. Revises provisions for labor market information. Directs the Bureau of Labor Statistics, in cooperation with the States, to engage in research and demonstration on organizing and making accessible nationwide information on quarterly earnings, establishment and industry affiliation, and geographic location of employment, for feasibility determination and/or policy research and program evaluation purposes, while ensuring confidentiality and privacy. Directs the Secretary to report to the Congress within 12 months on the costs and benefits of such a database under the cooperative labor information program. Includes the Secretary of Health and Human Services among those with whom the Secretary is to cooperate in reviewing and coordinating labor market information systems. Directs the Secretary, through the National Occupational Information Coordinating Committee (NOICC), to report biennially to the Congress on development and maintenance of a common core of labor market information. Increases the authorization of funding for NOICC. Directs NOICC to: (1) give special attention to career development; and (2) conduct research and demonstrations to improve coordination and compatibility of Federal or State human resources data systems, including economic development assistance systems, and to provide support to States in implementing system enhancements. Establishes a new Youth Opportunities Unlimited Program. Authorizes the Secretary to establish such national program of Youth Opportunities Unlimited (YOU) 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 in a farmworker community, Indian reservation, or Alaskan native village). Authorizes the Secretary to select as grant recipients up to 25 communities in the first year after the program is in effect. Requires that at least one, but not more than three, of such grants be awarded to: (1) designated representatives of Indian reservations and Alaskan native villages; and (2) designated representatives of farmworkers. Makes such grants cover a three-year period, with each year conditional upon compliance. Authorizes participating communities to apply for grants for use on behalf of target areas. Requires that a designated area have not more than 25,000 population, except in the case of single 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 programs 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 use of program funds, applications, and Federal and local shares. Directs the Secretary to provide for technical assistance, independent evaluations, and a report. Reserves funds for such program. Establishes a new microenterprise grants program. Directs the Secretary, to make grants in limited amounts to not more than ten States per year to implement and enhance community-based microenterprise activities. Requires that such activities produce substantial benefits for persons whose annual income does not exceed the poverty line. Authorizes use of such grants for staff entry level training, technical assistance, and support programs and counseling. Sets forth application and selection requirements. Requires State matching funds and annual reports. Defines microenterprise as a commercial enterprise: (1) with five or fewer employees, one or more of whom owns the enterprise; and (2) none of the owners of which has income exceeding the poverty line.
Bill· HRH.R. 3040 (102nd)open
United States · United States Congress · 25 July 1991
Unemployment Insurance Reform Act of 1991 - Title I: Federal Supplemental Compensation Program - Subtitle A: Establishment of Program - Establishes a Federal supplemental unemployment compensation program. Allows any State to enter into and participate in an agreement with the Secretary of Labor (the Secretary) under which the State agency which administers the State unemployment compensation law will make payments of Federal supplemental compensation: (1) to individuals who have exhausted all rights to regular compensation under State law, have no rights to such regular compensation or any additional State or Federal compensation, and are not receiving Canadian compensation; and (2) for any week of unemployment beginning in the individual's eligibility period. Sets forth provisions relating to exhaustion of regular benefits and weekly amount of supplemental benefits equal to regular benefits. Requires a State, under such an agreement, to establish a Federal supplemental compensation account with respect to the benefit year of each eligible individual who files an application. Limits benefit payments to not more than the amount in the individual's account. Sets forth formulas for determining the amount in such account. Provides that such amount shall be equal to the lesser of: (1) 100 percent of the total amount of regular compensation (including dependents' allowances) payable to the individual with respect to the most recent regular benefit year; or (2) the applicable limit times the average weekly benefit amount for the benefit year. Sets the applicable limit at: (1) 20 for an eight-percent period, i.e. one triggered by a total unemployment rate (TUR) of eight percent or more in the State, seasonally adjusted, for the most recent three months with available data; (2) 15 for a seven-percent period; and (3) ten for a six-percent period. Sets forth special rules relating to such applicable limits. Coordinates the Federal supplemental compensation program with the trade readjustment allowance program under the Trade Act of 1974. Sets forth general, special, and transitional rules for supplemental benefit periods, individual eligibility periods, State on and off indicators, and a temporary national trigger. Sets forth provisions for payments to States having such agreements for Federal supplemental compensation. Sets forth reachback provisions for certain individuals' eligibility for such benefits. Sets forth provisions relating to fraud and overpayments. Subtitle B: Repeal of Extended Program - Repeals the Federal-State Extended Unemployment Act of 1970, and references to the extended unemployment compensation program (established by such Act) in the Federal Unemployment Tax Act (FUTA) provisions of the Internal Revenue Code and in the Social Security Act (SSA). Title II: Modifications to Eligibility Provisions - Amends FUTA to limit the circumstances under which individuals may be disqualified for unemployment compensation under State law. Amends specified Federal law to repeal certain limitations on payment of unemployment compensation to former members of the Armed Forces. Reduces the length of the period of required active duty reserves to qualify for such payments. Amends FUTA to allow optional unemployment benefits for certain school employees, by making denial of such benefits discretionary rather than mandatory. Amends FUTA with respect to the treatment of certain determinations with respect to claims for unemployment compensation benefits under State law. Amends FUTA to require State agencies administering unemployment compensation to approve any training program involving classroom training, occupational skill training, basic or remedial education, or literacy or remedial English training, in the case of any individual who has received compensation under State law for ten weeks or more during the benefit year (thus allowing such individual to receive such compensation while participating in such training). Title III: Demonstration Program to Provide Job Search Assistance - Directs the Secretary to carry out a demonstration program to determine the feasibility of implementing job search assistance programs. Requires selection of three States to participate in such program, based on specified criteria. Requires that at least one of these States will replicate a prior successful demonstration project for job search assistance. Sets forth requirements for the program agreement with these States. Requires a job search assistance program, for purposes of this title, to: (1) require certain unemployment compensation recipients to participate in a qualified intensive job search program (the program) after receiving such compensation for ten weeks during any benefit year; (2) entitle such individuals to an intensive job search program voucher; and (3) disqualify those who do not satisfactorily participate in such program from receiving such compensation for a specified period. Makes such program requirements applicable to such recipients if, during a specified three-year period, they had at least 126 weeks of employment at wages of $30 or more a week with their last employer (or an equivalent amount computed under prescribed regulations). Sets forth exceptions to such program requirements and program qualifications. Provides that such vouchers entitle the organization (including the State employment service) providing the program to a payment from the State agency equal to the lesser of: (1) the reasonable costs of providing the program; or (2) the average weekly benefit amount in the State. Requires Federal payments from the supplemental compensation account to each participating State's account in the Unemployment Trust Fund in an amount equal to the payments made by the State agency for such program vouchers. Provides for payments on a calendar month basis, and for certification by the Secretary. Directs the Secretary to submit two interim reports and a final report to the Congress on the demonstraton program under this title. Title IV: Financing Reforms - Amends the Social Security Act (SSA) to provide for transfers of income taxes on unemployment benefits to the Unemployment Trust Fund. Modifies provisions for Federal unemployment accounts. Provides for an increase in quarterly credits for States with adequate balances. Provides for appropriate adjustments in transfers to the Federal unemployment account. Raises a ceiling on the supplemental compensation account. Provides for borrowing between Federal accounts, under specified circumstances, with respect to: (1) the employment security administration account; (2) the Federal unemployment account; or (3) supplemental compensation and reemployment assistance account. Directs the Secretary, within 12 months, to report to the Congress a proposal for revising the method of allocating grants among the States for administration of the unemployment insurance program. Prohibits the Secretary from revising such method until 12 months after such report is submitted to the Congress. Amends the SSA to establish an Advisory Council on Unemployment Compensation. Directs the Secretary to establish such a council by December 31, 1991, and every fifth year thereafter. Requires each such council to evaluate the unemployment compensation program. Sets forth membership and staff provisions. Requires each council to report to the Congress by October 1 of the year following the year in which is required to be established. Terminates each council after it submits its report. Title V: Budget Compliance Provisions - Subtitle A: Congressional Designation of Emergency - Designates the provisions of (and amendments made by) this Act as emergency requirements, pursuant to specified provisions of the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Subtitle B: Effect of Failure of President to Designate Emergency - Declares that specified provisions of this subtitle shall take effect only if the President does not, on the date of enactment, designate the provisions of (and amendments made by) this Act as emergency requirements under the Balanced Budget and Emergency Deficit Control Act of 1965. Amends Federal Unemployment Tax Act (FUTA) provisions of the Internal Revenue Code relating to the rate of the Federal unemployment tax. Modifies the formula for determining such rate to make such FUTA excise tax on employers equal to: (1) five and four-tenths percent of the total wages paid during the calendar year with respect to employment; and (2) a specified percentage of the total Federal taxable wages paid during the calendar year with respect to employment. (Provides that such percentage shall be lowered as it is phased-in, from 0.4 percent in 1993 to 0.2 percent in 1997 and thereafter.) Makes conforming modifications to credit provisions and tax computation provisions. Sets forth the applicable cost estimate of this Act for FY 1991 through 1995 for purposes of the Balanced Budget and Emergency Deficit Control Act of 1985. Provides, notwithstanding such cost estimate, for budgetary treatment under pay-as-you-go procedures. Sets forth findings relating to such treatment. Subtitle C: Additional Provisions - Exempts Federal supplemental compensation program payments under title I of this Act from any sequestration order issued under the Balanced Budget and Emergency Deficit Control Act of 1985 for FY 1992 or any succeeding fiscal year.
Bill· HRH.R. 3050 (102nd)open
United States · United States Congress · 25 July 1991
Self-Reliance Scholarship Act of 1991 - Amends the Higher Education Act of 1965 (HEA) to provide for Self-Reliance Scholarships to assist students in financing their undergraduate and graduate education. Establishes the self-reliance scholarship program as a student loan program, with repayments to be made over chosen periods under the income tax system on the basis of the individual's adjusted gross income. Requires the Director of the Office of Self-Reliance Scholarships established by this Act (the Director) to make such loans to each eligible student who qualifies, in an amount determined according to a specified formula. Authorizes the Director to enter into a contract for the conduct of the program or any portion of it. Requires each eligible institution to submit a list of loan applicants and the amounts for which they are qualified and promptly notify the Director of any change in their enrollment status. Requires the Director to establish an account for each such loan recipient by name and taxpayer identification number and provide for the increase of the total amount stated for such account by any amounts subsequently loaned to such recipient. Sets forth the terms of institutional agreements under such program, enforcement provisions, and reporting requirements. Requires each eligible institution entering such a program agreement, if it experiences a percentage increase in its cost of attendance exceeding a certain amount, to report to the Director on such increase and its justification. Requires the Director to report to the Congress on the reasons for such excessive increases and whether such information should be used as a basis on which to suspend or revoke, in whole or in part, the agreement with the eligible institution. Sets forth annual and aggregate limits on the amounts of such loans to individuals, with adjustments for inflation and for less than full-time students. Sets forth terms of such loans and provisions for disbursement of proceeds. Prohibits the amount of any such loan from being taken into consideration in determining student eligibility for assistance under any other program assisted under HEA. Establishes in the Treasury the Education Trust Fund (the Fund), consisting of transfers from education loan repayment taxes and surtaxes on individuals with incomes over $1,000,000 and from loan refunds after student withdrawals, amounts received pursuant to the issuance of obligations, and any interest earned on Fund investments. Bases the transfer of tax and surtax amounts on estimates. Requires the Secretary of the Treasury to invest the portion of the Fund which the Director judges is not required to meet current withdrawals. Authorizes the Fund to issue certain obligations. Authorizes the Director to obligate certain sums available to the Fund for specified purposes. Requires the Director to hold the Fund and report annually to the Congress on its financial condition, the results of its operations, and its expected condition and operations. Provides for repayment of such loans. Requires the Director to develop and implement a procedure for computing repayment percentage options for each borrower, taking specified factors into consideration. Sets various limits on such repayments based on the individual's gross income. Limits the maximum repayment period to 25 years, with individuals given the option of selecting a 15, 20, or 25 year repayment period. Requires development of a buyout procedure, including interest and a prepayment penalty. Requires the Director to: (1) provide each borrower with the option to select a repayment status with a repayment percentage determined in accordance with specified procedures and factors; and (2) transmit such information along with the borrower's taxpayer identification number to the borrower and to the Secretary of the Treasury by January 1 of each calendar year. Requires repayment status to commence at the start of the first taxable year following either the date of the loan or the date of graduation, but in no event later than the sixth taxable year after the date of the loan. Authorizes the Director, however, to establish special repayment rules for individuals in categories of special consideration. Makes proprietary trade schools ineligible for the Self-Reliance Scholarship program. Makes eligible for such scholarships any student who is a U.S. citizen of age 17 through 50. Amends the Internal Revenue Code to establish the education loan repayment tax, to be imposed upon individuals certified by the Director in an amount equal to the repayment percentage of the taxpayer's adjusted gross income for the taxable year. Sets forth minimum and maximum adjusted gross income amounts. Sets forth requirements for joint returns. Establishes a surtax on individuals with taxable incomes over $1,000,000. Imposes such surtax on income tax at a specified rate in certain cases, and on the tentative minimum tax at a specified rate in certain cases. Makes special rules for a surtax on estate and trusts and for treatment of married individuals filing separate returns. Amends the Department of Education Organization Act to establish the Office of Self-Reliance Scholarships, to be administered by the Director who is responsible for overseeing this Act.
Law· HRH.R. 3029 (102nd)enacted
United States · United States Congress · 25 July 1991
Food, Agriculture, Conservation, and Trade Act Amendments of 1991 - Title I: Agricultural Commodity Programs - Amends the Agricultural Act of 1949 to permit conserving use acres not planted to program crops (wheat, feed grains, cotton or rice) to be planted to specified alternate crops. Permits double cropping of soybeans on 0/92 wheat or feed grain acreage under specified conditions. Provides for a preliminary announcement of rice acreage reductions. Permits the combining of corn and grain sorghum bases. States that reduced acreage 50 percent cover crop requirements shall not apply to arid areas. Permits black-eyed peas to be planted on 50/92 cotton conserving use and set aside acres if the peas are donated to food banks or soup kitchens. Directs the Secretary of Agriculture to make an annual determination whether to exempt malting barley from the barley acreage reduction program. Accelerates wheat and feed grain deficiency payments. Provides with regard to the sugar program for: (1) annual announcement and publication of loan rates; (2) marketing based assessments; and (3) inclusion of carry-over stocks in import determinations. Authorizes 20 percent of a crop acreage base to be planted to dry peas, lentils, alfalfa, mung beans, or industrial or experimental crops. Directs country committees to increase qualifying acreage bases to 1990 levels. Makes technical amendments to specified agricultural acts. Expresses the sense of the Congress regarding the protection of domestic barley from imported barley. Title II: Conservation - Makes technical amendments to the Food, Agriculture, Conservation, and Trade Act of 1990. Title III: Trade Related Technical Corrections - Makes technical corrections to specified agricultural trade related acts. Title IV: Research - Makes technical corrections to specified agricultural research related acts. Title V: Credit - Makes technical corrections to specified agricultural credit related acts. Title VI: Crop Insurance and Disaster Assistance - Makes technical corrections to specified agricultural crop insurance and disaster assistance related acts. Title VII: Rural Development - Makes technical corrections to specified rural development related acts. Title VIII: Agricultural Promotion - Makes technical corrections to specified agricultural promotion related acts. Title IX: Miscellaneous Technical Corrections - Makes technical corrections in specified agricultural acts relating to: (1) food and nutrition programs; (2) organic certification; (3) agricultural fellowships; (4) pet protection; (5) critical agricultural materials; (6) pesticides; (7) grain standards; (8) packers and stockyards; and (9) perishable commodities. Directs the Secretary to operate through the Extension Service an education program in each State regarding the handling of agricultural chemicals and containers.
Bill· HRH.R. 3046 (102nd)referred
United States · United States Congress · 25 July 1991
Collegiate Athletics Reform Act - Title I: Antitrust Exemption - Creates a temporary exemption from the antitrust laws for conduct engaged in during a five-year period, beginning one year after this Act's enactment and subject to specified conditions, by the National Collegiate Athletic Association (NCAA) for the purpose of allowing the NCAA to negotiate and carry out contracts involving the use or sale of the name or logo of a commercial sponsor in association with a post-season amateur athletic event (event) engaged in by a member institution, the sale of the right to telecast an event engaged in by such an institution, or both. States that the requirements of this title are met if the NCAA: (1) is governed in accordance with this title by a board known as the Board of Presidents; (2) has in effect and carries out a net contract revenue distribution plan that is developed by the Board and certified by the Secretary of Education to require compliance with specified criteria (which encourage each member institution to decrease the number of its revenue-producing sports teams and its facilities used specifically for such teams, to decrease the amount it expends for administration of its athletic department, and to increase the level of academic performance of student athletes who participate on such teams, and which develop a method of allocating net contract revenue to each member institution in direct proportion to the extent of its compliance with provisions of the Education Amendments of 1972); (3) has in effect and enforces rules which provide for due process before the NCAA suspends or reprimands a coach or student athlete, suspends or prohibits a member institution from participating in an event, or suspends the telecommunications privileges of a member institution; and (4) has in effect and enforces a student athlete scholarship plan (which encourages each member institution to allow each individual who receives an athletic scholarship to retain such scholarship if the individual maintains acceptable academic performance, makes a good-faith effort to participate in the athletic program, complies with all regulations and policies of the member institution attended, and is not convicted of a felony or drug- or alcohol-related offense). Requires: (1) the Secretary of Commerce to submit a report to the Congress on the impact of the net contract revenue distribution plan on the diversity of events on broadcast television (TV) and pay TV services, the financial integrity of institutions of higher education, the TV networks and their affiliates, and the higher education system; (2) the Chairman of the Federal Communications Commission (FCC) to report on the impact on member institutions of NCAA suspensions on the telecommunications privileges of such institutions and the loss of funds to member institutions caused by such suspensions; (3) the FCC to report, specifying the number of NCAA athletic events available on free, broadcast TV, cable TV, and "pay-per-view" (ppv) TV systems, and evaluating the shift in the televising of events from broadcast to cable and ppv TV systems; and (4) the FCC to promulgate regulations within one year which prohibit any TV network or affiliate from broadcasting an event involving a sports team representing a disqualified college at the same time and in the same viewing areas as a broadcast of an event involving a member institution. Title II: Tax Provisions - Amends the Internal Revenue Code to require that, in determining the unrelated business taxable income of an existing national athletic organization of colleges and universities and each such member institution of such an organization, there shall be: (1) included all gross income accrued after the disqualification date (i.e., the earliest date during the five-year period on which any title I requirements are not met) with respect to specified activities (the sale of tickets for, the use or sale of merchandise related to, and the use or sale of the name or logo of a commercial sponsor in association with, and the sale of the right to telecast, an event); and (2) allowed all deductions directly connected with such income. Specifies that, in determining the unrelated business taxable income of a disqualified college, there shall be: (1) included all gross income with respect to such activities occurring after the disqualification date; and (2) allowed all deductions directly connected with such income. Authorizes the Secretary of the Treasury to prescribe such regulations as necessary or appropriate to carry out the purposes of this title. Specifies that, in the case of a student athlete at a member institution, gross income does not include the amounts received by such individual (whether in kind or as reimbursement for expenses incurred) for room and board, tuition, personal counseling, tutorial services, medical expenses, and specified sums for athletes qualifying on the basis of need under the Higher Education Act of 1965 (HEA). Title III: Education Program Requirements - Amends the HEA to require the disclosure to students of the total revenues (and expenditures), and revenues (and expenditures) by sport, of (and for) the institution's athletic departments and activities, the total revenues and expenditures of the institution for the same period, and any funds transferred by an institution from its athletic departments to its general fund, or from its general fund to its athletic departments. Requires the Secretary of Education to collect and compile forms required to be disclosed under such Act, make such forms readily available for public inspection and copying, and publicly announce (annually) the availability of such forms.
Bill· HRH.R. 3034 (102nd)referred
United States · United States Congress · 25 July 1991
Temporary Child Care for Children with Disabilities and Crisis Nurseries Act Amendments of 1991 - Amends the Temporary Child Care for Children with Disabilities and Crisis Nurseries Act of 1986 to extend through FY 1994 the authorization of appropriations for programs under such Act. Conforms the definition of children with disabilities under such Act with that under the Individuals with Disabilities Education Act.
Bill· HRH.R. 3057 (102nd)open
United States · United States Congress · 25 July 1991
Drug-Free Schools and Communities Act Amendments of 1991 - Amends the Drug-Free Schools and Communities Act of 1986 (the Act) to revise provisions for technical assistance and dissemination of information by the Secretary of Education (the Secretary), through the National Diffusion Network (the Network), and to add provisions for evaluation of projects. Directs the Secretary, through the Network, to contract with one national nonprofit agency with expertise in model program evaluation to: (1) identify programs already receiving funds under the Act which serve historically underserved or high-risk populations and which need technical assistance and training in developing and implementing program evaluation criteria and procedures; (2) notify such programs of the availability of such services; and (3) provide such services before program initiation and/or on a continuing basis during its operation. Requires programs receiving such assistance to apply for review by the Program Effectiveness Panel (the Panel), in furtherance of a dissemination grant under specified provisions. Directs the contractor to provide technical assistance in preparation of such application and supporting materials. Directs the Secretary, through the Network, to award dissemination grants (independent from and in addition to developer demonstrator grants) to the identified drug education programs which have successfully met the Panel's requirements for purposes of dissemination of information. Reserves a specified portion of funds under the Act for the contract and grants under this Act, limiting the amount which may be used for the contract.
Bill· HRH.R. 3053 (102nd)open
United States · United States Congress · 25 July 1991
Individuals with Disabilities Education Act Amendments of 1991 - Amends the Individuals with Disabilities Education Act (IDEA) to allow States to opt to include under the definition of "children with disabilities," for children aged three through five, those who need special education and related services because they are experiencing delays in one or more following areas of their development: physical, cognitive, communication, social or emotional, or adaptive. Increases the amount of Assistance for Education of All Handicapped Children grant funds which a State may use for administrative costs. Revises provisions relating to Indian reservations. Requires that payments by the Secretary of Education (the Secretary) to the Secretary of the Interior are to meet assistance needs for the education of children with disabilities aged five through 21 on reservations who are enrolled in elementary and secondary schools for Indian children operated or funded by the Secretary of the Interior. Allows Bureau of Indian Affairs (BIA) schools which are State-accredited to count Indian students aged three through five enrolled in affiliated programs for the purpose of funds distribution. Makes the Secretary of the Interior responsible for meeting all assistance requirements for such children. Makes the State educational agency (SEA) responsible for ensuring that all such requirements are implemented with respect to all other children aged three through 21 on reservations. Revises requirements for the application by the Secretary of the Interior for the allotment payment, including additional requirements for information, coordination, and cooperation in monitoring and oversight. Directs the Secretary to make payments to the Secretary of the Interior for distribution to tribes or tribal organizations or consortia to provide for the coordination of assistance for special education and related services for children aged three through five on reservations served by elementary and secondary schools for Indian children operated or funded by the Department of the Interior. Sets forth formulas for such distribution. Requires such funds to be used to assist in child find, screening, and other procedures for the early identification of children aged three through five, parent training, and direct services. Requires the tribe or tribal organization to report biennially to the Secretary of the Interior on the activities undertaken with such funds. Directs the Secretary of the Interior to offer and, on request, provide technical assistance (especially in the areas of child find, diagnosis, and referrral) to State, local, and intermediate educational agencies, and tribes and tribal organizations. Prohibits specified assistance funds from being used by the Secretary of the Interior for administrative purposes, including child count, and the provision of technical assistance. Directs the Secretary of the Interior, before January 1, 1992, to submit to specified congressional committees a plan for the coordination of services, from whatever source, for all Indian children with disabilities residing on reservations covered under IDEA. Directs the Secretary of the Interior to establish under the BIA an advisory board on education and provision of services to Indian infants, toddlers, children, and youth with disabilities. Requires State plans to set forth policies and procedures relating to the smooth transition for those participants in the early intervention program who will participate in preschool programs under IDEA, including a method of ensuring development and implementation, by a child's third birthday, of an individualized education program or, if consistent with specified provisions, an individualized family service plan. Revises application requirements to allow the local or intermediate educational agency, if this is consistent with State policy and has the concurrence of parents or guardian, to establish, annually review, and revise an individualized family service plan (as an alternative to an individualized education plan) for each child with a disability, aged three through five. Revises provisions for preschool grants to increase to $1,500 (from $1,000) the maximum limit on a preschool grant to a State per child with a disability, aged three through five. Allows a State to opt to use a certain portion of its preschool grant to provide a free public education to two-year-old children with disabilities who will reach age three during the school year, whether or not they are receiving or have received services under the early intervention program (also allows the local or intermediate educational agency to use its preschool grant funds from the State for such purpose, if consistent with State policy). Provides that early intervention program provisions do not apply to any child with disabilities receiving a free public education with funds received under preschool grants provisions. Revises IDEA provisions for early education for children with disabilities to include program services and activities for: (1) individuals at risk of having substantial developmental delays if early intervention services are not provided; (2) outreach to low-income, minority, rural, and other underserved populations eligible for assistance under IDEA; and (3) supporting statewide projects in conjunction with an early intervention plan and preschool grant application, to change from segregated to integrated environments the delivery of early intervention services to infants and toddlers with disabilities and of special education and related services to preschool children with disabilities. Directs the Secretary to fund up to five grants to States for three years to establish a statewide interagency, multidisciplinary, coordinated system to identify, track, and refer to appropriate services all categories of children who are biologically and/or environmentally at-risk of having developmental delays. Sets forth requirements for grantees. Revises provisions for personnel training and parent training and information. Directs the Secretary to fund up to five grants to States or other entities to support formation of a consortium or partnerships of public and private entities to provide opportunities for career advancement and/or competency-based training for current workers at public and private agencies providing services to infants, toddlers, children, and youth with disabilities. Sets information dissemination requirements and authorized uses of funds. Provides for award of a cooperative agreement through a separate competition to an entity to provide technical assistance to grantees. Requires grantees to give priority to providing specified parent training and information services to parents of children aged zero through five. Requires the Secretary, in ensuring that parent training and information grants will serve parents of minority children with disabilities representative to the proportion of the minority population in the areas being served, to specify: (1) the special efforts that will be undertaken to involve parents of such children; and (2) budgetary items earmarked for ensuring such services. Requires the Secretary to obtain data on the number of parents served under such parent training and information programs who are parents of children with disabilities aged zero through five. Increases the amounts authorized to be appropriated for FY 1992 through 1994 for provisions for training personnel for the education of individuals with disabilities. Revises definitions, under provisions for early intervention services for infants and toddlers with disabilities, to include references to the following developmental needs: communication, social or emotional, and adaptive. Includes among early intervention services: vision services, assistive technology devices and services, and transportation and related costs. Includes among qualified personnel: family therapists, orientation and mobility specialists, and pediatricians and other physicians. Requires that early intervention services, to the maximum extent appropriate, be provided in natural environments, including the home, and community settings in which children without disabilities participate. Authorizes differential funding for the fourth or fifth year of grant allotments to States under the early intervention program for handicapped infants and toddlers (from birth to age two), thus allowing certain States to continue their participation in such program under specified conditions. Allows States that have not met all or some of fourth or fifth year requirements to request extended participation for such years and, if such request is approved by the Secretary of Education, receive an allotment for such years in an amount set at a specified earlier, lesser rate. Provides for reallotment of the resultant excess funds to States that have met all the requirements for such years and that will consequently be receiving the full grant allotment for such years, as well as such additional funds from their portion of such reallotment. Revises requirements for a statewide system of services, under the early intervention program, include reference to service coordination (rather than case management) services under the individualized family service plan. Requires the comprehensive system of personnel development to: (1) include training of paraprofessionals; and (2) be consistent with the preschool system. Revises the lead State agency responsibilities to: (1) include monitoring compliance of programs and activities used by the State to carry out the early intervention program whether or not these are receiving assistance; and (2) provide for assignment of fiscal responsibility to the appropriate agencies in accordance with provisions for State designation of an individual entity to make such assignment. Revises part H requirements for the State application and assurances. Requires such application to also include: (1) a designation by the State of an individual or entity responsible for assigning financial responsibility among appropriate agencies; (2) a description of the policies and procedures used to ensure a smooth transition for participants in early intervention programs who are eligible to participate in preschool programs, including how the families will be included in transitional plans and how the early intervention programs who are eligible to participate in preschool programs, including how the families will be included in the transitional plan and how the early intervention lead agency will notify the appropriate local or intermediate educational agency at least 90 days before such child is eligible for the preschool program in accordance with State law; and (3) a description of the policies and procedures used to review the child's program options, for the period beginning in the day the child turns three years old through the remainder of the school year, and to establish a transition plan. Requires the State, beginning in FY 1992, to assure that policies and practices have been adopted to ensure meaningful involvement of traditionally underserved families, including minority, low-income, and rural families, in early intervention planning and implementation and access of such families to culturally competent services within their local areas. Allows a State to use early intervention program funds to provide a free appropriate public education, in accordance with preschool program provisions, to children with disabilities in the transitional period from their third birthdays to the beginning of the following school year. Revises early intervention statewide system procedural safeguards to also include the rights of parents or guardians to: (1) written notice of and written consent to the exchange of personnally identifiable information among agencies, consistent with Federal and State laws; and (2) determine whether they, their infant or toddler, or other family members will accept or decline any early intervention service in accordance with State law without jeopardizing other such early intervention services. Revises early intervention requirements relating to State Interagency Coordinating Council: (1) membership composition and numbers; (2) chairperson; (3) functions (adding advice and assistance in toddlers transition to preschool programs and in provision of appropriate services for children from birth through age five); and (4) expenditures (including child care for parent representatives). Revises early intervention requirements for allocation of funds among tribal organizations or consortia. Requires such funds to be used to assist States in child find, screening, and other procedures for the early identification of Indian children aged zero through two, and for parent training. Allows such funds to be used also to provide early intervention services. Requires the tribe or tribal organization to report biennially to the Secretary of the Interior on the activities undertaken with such funds. Directs the Secretary of the Interior to include a summary of such information, biennially, with other specified information required to be submitted to the Secretary of Education. Authorizes the Secretary of Education to require any additional information from the Secretary of the Interior. Prohibits any of such early intervention funds from being used by the Secretary of the Interior for administrative purposes, including child count, and the provision of technical assistance. Extends through FY 1994 the payment of State allotments for early intervention program services. Provides that each State shall receive at least a specified minimum amount in such allotment. Extends through FY 1994 the authorization for early intervention program services. Directs the Secretary of Education (the Secretary) to establish a Federal Interagency Coordinating Council, for early intervention services for infants and toddlers with disabilities and their families and preschool services for children with disabilities, to: (1) minimize duplication of programs and activities at Federal, State, and local agency levels; (2) coordinate Federal agency programs and policies and technical assistance and support to States; and (3) identify gaps in programs and services and barriers to Federal interagency cooperation and program operation. Directs the Secretary to: (1) undertake a study to identify alternative formulas allocating early intervention program funds, including specified analyses; and (2) transmit the study and a report on it to specified congressional committees by March 1, 1993. Amends both Federal law relating to impact aid and the Defense Dependents Education Act of 1978 to require that IDEA provisions for early intervention services and preschool public education apply, respectively, to infants and toddlers age birth through two with disabilities and children aged three through five with disabilities who are military dependents served under such law and such Act. Makes various technical amendments and changes in terminology in IDEA, and updates various Federal laws' references to IDEA. Increases the amount of funds which a State may use for administrative costs under certain IDEA provisions.
Bill· HRH.R. 3044 (102nd)referred
United States · United States Congress · 25 July 1991
Defense Manufacturing Engineering Education Act of 1991 - Amends the Higher Education Act of 1965 to direct the Secretary of Education (the Secretary) to establish a program of grants to institutions of higher education to support enhancement of existing and establishment of new programs in manufacturing engineering education. Requires consultation with the Director of the National Science Foundation (NSF) and the Director of the Office of Science and Technology Policy. Requires the Secretary and the NSF Director to enter into an agreement to coordinate such grant program with similar NSF programs, and for NSF assistance in administering and managing such grant program. Sets forth requirements for programs of engineering supported by such grant awards. Requires such programs to be conducted at the undergraduate and/or graduate level. Sets forth components for such consolidated and integrated multidisciplinary programs. Requires significant involvement of industry in such programs. Sets forth requirements for grant proposals. Bases grant awards on merit competition. Sets forth minimum criteria for selection. Authorizes appropriations to carry out such grant program for FY 1992 through 1997.
Bill· HRH.R. 3032 (102nd)referred
United States · United States Congress · 25 July 1991
College Opportunity Act of 1991 - Title I: Institutional Aid - Amends the Higher Education Act of 1965 (HEA) with respect to institutional aid to historically black colleges and universities. Authorizes the use of grant funds to: (1) establish or enhance a program of teacher education designed to qualify students to teach in public elementary or secondary schools in the State; and (2) perform other proposed activities specifically approved by the Secretary of Education (the Secretary). Increases the minimum allotment to institutions. Revises a list of eligible professional or graduate institutions to eliminate the qualifier "independent" and to add: (1) during any fiscal year, either the Thurgood Marshall School of Law or the College of Pharmacy and Health Sciences (Graduate Program) (but not both), Texas Southern University; (2) North Carolina Central University School of Law; (3) Florida A & M College of Pharmacy and Pharmaceutical Sciences (Graduate Program); and (4) Xavier University of Louisiana School of Pharmacy (Graduate Program). Sets forth special rules relating to the funding of such new institutions and others already on the list. Requires that Morehouse School of Medicine (an institution already on the list) receive at least a special minimum amount during a certain period when funding of such institutions may be ratably reduced. Repeals specified provisions for a challenge grant program for certain types of institutions. Revises provisions for endowment challenge grants program to: (1) reduce from ten years to five years the period after a grant has ended during which an institution is ineligible to reapply; (2) increase the maximum amount of such a grant to an institution in fiscal years when the appropriation exceeds a specified amount; and (3) eliminate the maximum limitation in any fiscal year when the appropriation exceeds a higher specified amount. Extends the authorization of appropriations for programs covered by this title. Requires the Secretary to set aside certain funds for challege grants to historically black colleges and universities. Title II: Student Assistance - Part A: Pell Grants - Extends the Pell Grants program. Sets forth increasing maximum amounts for individual Pell Grants through academic year 1996-1997. Requires entitlement-based allocation of Pell Grant program reimbursements of institutional advances while eliminating adjustments for insufficient appropriations. Requires institutions of higher education which have Pell Grant agreements with the Secretary to: (1) award the full amount of the Pell Grants to which their eligible students are entitled; (2) credit such awards toward student expenses; and (3) submit vouchers for reimbursement. Directs the Secretary to reimburse each institution submitting a proper voucher for the full amount of Pell Grant awards credited to eligible students. Requires each institution desiring to provide Pell grants to eligible students to enter specified types of agreements with the Secretary. Deems an institution, which has entered such an agreement, awarded such grants, and credited such awards, to have a contractual right against the United States (entitlement) to receive such reimbursements. Considers such reimbursements to be payments made for acquisition of services by contract with the Department of Education. Requires the institution to pay any amount of the Pell Grant that exceeds tuition and fees owed by the student to students who do not reside in institutionally-owned or -operated housing. Treats such amounts paid as amounts credited, and allows such funds to be used by the student to cover room, board, transportation, child care, books, and other costs of attendance. Eliminates a percentage-of-cost-of-attendance limitation on the amount of a Pell Grant. Provides for phase-in of the entitlement to Pell Grants. Part B: Perkins Loans - Revises the Perkins Loan program. Provides that no funds are authorized to be appropriated under such program: (1) after FY 1991, of initial allocations to institutions of higher education; and (2) after FY 1991, of initial allocations to institutions of higher-education; and (3) after FY 1996, to enable students who received such loans for academic years ending prior to October 1, 1991, to complete courses of study. Authorizes appropriations for administrative expenses of such program. Extends specified program provisions relating to distribution of assets from student loan funds. Requires program agreements with institutions of higher education to distribution of assets from student loan funds. Requires program agreements with institutions of higher education to provide for: (1) maintenance of a student loan fund, without additional allocations of funds from the Secretary to institutions, and with necessary modifications; and (2) an institutional option, with the Secretary's approval, to establish an income contingent repayment schedule for not more than ten percent of the total amount of student loans made in each academic year based upon specified income contingent repayment schedule in effect on September 30, 1991. Repeals authority for the Income Contingent Direct Loan Demonstration Project. Authorizes the Secretary to promulgate necessary regulations. Part C: Need Analysis - Applies simplified needs analysis to students who: (1) are receiving cash payments under the aid to families with dependent children (AFDC) program of the Social Security Act; (2) are receiving food stamps under the Food Stamp Act of 1977; or (3) qualify for and reside in public housing. Directs the Secretary to provide a streamlined application form for second-year students reapplying for student assistance and for subsequent year students from families that qualify for simplified needs analysis. States that such form shall require such students to submit concise updated information, including the relevant tax return form for the year preceding that for which the determination is made. Part D: Administration - Authorizes the Secretary to waive a specified student eligibility verification requirement for any eligible institution which the Secretary determines has had no audit exceptions for the three prior award years. Requires the Secretary, in carrying out the Robert T. Stafford Loan Program, to assure that the suspension or termination of any eligible institution based on calculation of the institution's cohort or other default rate: (1) not be arbitrary; (2) include total volume of dollars on default represented by the cohort default rate; and (3) be supported by the most accurate calculation of such rate available. Title III: Educator Recruitment, Retention, and Development - Part A: Paul Douglas Teacher Scholarships - Extends the authorization of appropriatons for the Paul Douglas Teacher Scholarships program. Extends the period of such scholarship program and increases the total maximum number of individuals who may receive scholarships under it. Establishes a minority teaching incentive award of an additional $1,000 for each year of such a scholarship, which the State agency must agree to pay to any minority recipient who agrees to perform the required teaching under such scholarship program in an elementary or secondary school of a local educational agency with a significant number of minority students. Requires statewide panels to give priority when selecting new scholarship recipients to applicants who are members of groups underrepresented in the teaching profession, such as minorities and individuals with disabilities. Part B: Christa McAuliffe Fellowships - Extends the authorization of appropriations for the Christa McAuliffe Fellowship program for teachers. Part C: New Teacher Programs for the Improvement of the Education of Minorities - Provides for teacher recruitment for the improvement of the education of minorities. Authorizes the Secretary to make grants to institutions of higher education with schools or departments of education to pay the Federal share of programs to: (1) recruit, prepare, and train students to become elementary and secondary school teachers; and (2) place students as teachers in urban and rural local educational agencies having 50 percent minority student enrollment in their elementary and secondary schools. Requires special consideration to be given to historically black colleges and universities in making such grants. Sets forth requirements for grant uses, applications, and Federal share. Authorizes the Secretary to make grants to partnerships composed of institutions of higher education and local educational agencies for programs to identify and encourage minority students in the seventh through twelfth grades to aspire to and prepare for careers in elementary and secondary school teaching. Authorizes grants to consortia of institutions of higher education with special expertise which have entered a partnership agreement. Sets forth grant selection criteria, partnership agreement requirements, authorized uses of funds, and application requirements. Authorizes appropriations. Title IV: Additional Reauthorizations and Revisions Part A: Academic Libraries - Extends the authorization of appropriations for: (1) college library resources; (2) library training, research, and development; (3) strengthening of research library resources (but requiring that awards first be made to the libraries at North Carolina Central University and Clark Atlanta University); and (4) college library technology and cooperation grants. Part B: International Education - Authorizes the establishment of a program to significantly increase the numbers of African Americans and other minorities in the foreign service of the United States. Requires such academic and professional program to be established in the Institute for International Public Policy at Howard University (Washington, D.C.) (the Institute), created by this Act. Allows any institution of higher education that wishes to participate in any or all aspects of such program to enter into a Memorandum of Understanding with Howard University. Sets forth the components of the academic program of the Institute, including a junior year abroad, academic year and summer internships, a masters degree program, and Ralph Bunche International Fellowships for graduate study at Howard University or other institutions for students who agree to serve two years in the U.S. foreign service for each year of the fellowship. Requires appointment of a Board of Visitors for the Institute. Sets forth matching requirements and provisions for gifts and donations. Requires Howard University and any institutions of higher education in consortium with it to delegate to a nonprofit institution in the District of Columbia the administration of the Foreign Service Examination preparative and the International Careers Program, which may include the Junior Year Abroad and the Academic Year and Summer Internship programs. Authorizes appropriatons. Part C: Graduate Education - Revises the program for grants to institutions to encourage minorities to enter the higher education professorate (currently, grants to institutions to encourage minority participation in graduate education). Directs the Secretary to make grants to institutions of higher education (or to nonprofit organizations associated with such institutions with a demonstrated record of enhancing minority access to graduate education), in consortia with historically black colleges and universities and other institutions with significant enrollments of African Americans, Asian Americans, Hispanic Americans, and Native Americans. States that such grants shall enable such institutions to: (1) identify talented canidates for and recipients of baccalaureate degrees and faculty who wish to enter or continue in the higher education professorate; and (2) provide such students and faculty with stipends and fellowships to assist them in obtaining a doctoral degree and returning to an institution of higher education to teach. Designates such fellowships as the Augustus F. Hawkins Fellowships. Sets forth application and selection requirements. Requires each Hawkins Fellowship recipient to agree to teach at an institution of higher education for two years for every one year of fellowship assistance, or else repay the fellowship. Sets forth repayment procedures and exceptions.
Bill· SS. 1539 (102nd)open
United States · United States Congress · 24 July 1991
Intelligence Authorization Act, Fiscal Year 1992 - Title I: Intelligence Activities - Authorizes appropriations for FY 1992 for intelligence and intelligence-related activities in specified departments and agencies of the U.S. Government, including the Central Intelligence Agency (CIA), the Department of Defense (DOD), and the Drug Enforcement Administration. Declares that the authorized amounts and personnel ceilings for such intelligence activities are those specified in the classified schedule of authorizations. Authorizes the Director of Central Intelligence (DCI) to employ civilian personnel in excess of the ceiling for such personnel when necessary for the performance of important intelligence functions. Requires that the President's annual budget submission to the Congress contain unclassified statements of the total amount requested for the coming fiscal year, and the total expenditures in the previous fiscal year, for intelligence and intelligence-related activities. Amends the National Security Act of 1947 to require that any authorization bill for intelligence and intelligence-related activities that is reported by a conference committee contain an unclassified statement of the aggregate amount of such funds authorized to be appropriated. Title II: Intelligence Community Staff - Authorizes appropriations for the Intelligence Community Staff for FY 1992. Establishes an end strength ceiling of 240 full-time Intelligence Community Staff employees, including 50 full-time personnel who are authorized to serve in the Security Evaluation Office. Provides that such staff and activities shall be administered in the same manner as the CIA staff and activities are administered. Title III: Central Intelligence Agency Retirement and Disability System Provisions - Authorizes appropriations for the Central Intelligence Agency Retirement and Disability Fund for FY 1992. Amends the Central Intelligence Agency Retirement Act of 1964 for Certain Employees to provide that, with respect to provisions relating to the computation of survivor benefits for the child or children of a deceased participant or annuitant in the CIA Retirement and Disability System (CIARDS), the existence of the child's other parent, whether that parent is the spouse or former spouse of the employee or annuitant, shall be recognized and the child paid at the rate applicable to a single orphan. Grants CIARDS retirees an additional 18-month period from the date of retirement during which they may change the survivor benefit election made at the time of retirement if they were married at the time of retirement, to provide for or increase a current spouse survivor annuity, subject to specified conditions. Authorizes the DCI to waive the 30-month application requirement with respect to CIARDS survivor benefits. Gives the DCI discretion to provide for reimbursement of less than 100 percent of the costs associated with medical exams and related travel for employees incident to CIARDS disability retirement determinations. Allows survivor benefits to be provided for a previous spouse by court order or an election in the case of any CIARDS annuitant (regardless of the annuitant's date of retirement) whose divorce occurs after September 29, 1990. Provides for mandatory retirement for CIARDS participants of level four or above of the Senior Intelligence Service pay schedule (under current law, of grade GS-18 or above) upon reaching age 65. Excludes CIA foreign national employees who serve overseas and who have been appointed after December 31, 1989, from the definition of "employee" for purposes of provisions relating to the Civil Service Retirement Systems (CSRS). Precludes Thrift Savings Plan (TSP) participation by CIA foreign national employees who serve overseas and are subject to CSRS. Permits the DCI to exclude from Federal Employees Retirement System (FERS) coverage certain CIA foreign nationals who are permanent resident aliens serving overseas. Repeals the statutory entitlement that qualified former spouses of CIA employees covered under FERS currently have to a share of the employee's TSP benefits. Specifies the survivor benefits payable to a qualified former spouse. Eliminates the requirement that the former husband or wife may qualify as a "former spouse" for purposes of such Act only if such spouse (together with the participant) has spent five years outside the United States. Provides that such spouse must have been carried for at least ten years of creditable service by the participant, at least five years of which must have been spent by the participant outside the United States or otherwise in a position whose duties have qualified him or her for designation as a participant under such Act. Title IV: General Provisions - Permits appropriations authorized by this Act for benefits for Federal employees to be increased as may be necessary for increases in compensation or benefits authorized by law. Title V: Federal Bureau of Investigation Provisions - Requires the Director of the Federal Bureau of Investigation (FBI) to study the establishment of an undergraduate training program for FBI employees that is similar in purpose, conditions, content, and administration to such programs administered by the CIA, National Security Agency, and Defense Intelligence Agency. Authorizes the Director to carry out any such program in a fiscal year only to the extent that appropriated funds are available for that purpose, and only after review and approval by the Department of Justice and the Office of Management and Budget. Title VI: Central Intelligence Agency Provisions - Provides that the position of Inspector General (IG) of the CIA shall be compensated at a statutory level comparable to the IGs of other Government agencies. Title VII: National Security Scholarships, Fellowships, and Grants - Amends the National Security Act of 1947 to create a new title, which may be cited as the National Security Education Act of 1991. Directs the National Security Education Board (NSEB) (established under this Act) to conduct a program which awards: (1) scholarships to undergraduate students who are U.S. citizens or resident aliens to enable such students to study abroad, for at least one semester, in countries identified by the NSEB as critical countries; (2) fellowships to graduate students who are U.S. citizens or resident aliens to enable such students to pursue education in the United States in the disciplines of international studies, area studies, and foreign languages that the NSEB determines to be critical areas of such disciplines, provided that such students agree to work for the Government or in the field of education in the area of study for which the scholarship was awarded; and (3) grants to institutions of higher education to enable such institutions to establish, operate, and improve programs in international studies, area studies, and foreign languages that the NSEB determines to be critical areas. Sets forth additional requirements with respect to: (1) agreements required before making such awards; (2) development of criteria for making such awards, including merit review; (3) disbursement of information regarding the activities assisted under this title; and (4) annual adjustment of such awards for inflation. Directs the Secretary of Defense to establish the NSEB. Sets forth provisions with respect to the composition, term of office, compensation, and functions of the NSEB. Establishes in the Treasury the National Security Education Trust Fund. Directs: (1) the Secretary of Defense to transfer a specified amount to the Fund from funds appropriated for FY 1992 pursuant to the Intelligence Authorization Act, Fiscal Year 1992; (2) the NSEB to reserve specified funds for scholarships, fellowships, and grants; and (3) the Secretary of the Treasury to invest in full amounts transferred to the Fund. Sets forth: (1) administrative provisions (with respect to NSEB activities); (2) reporting requirements (by the NSEB to the President and the Congress); (3) provisions for the appointment and compensation of an Executive Secretary of the NSEB; and (4) auditing provisions.