United States · United States Congress · 12 September 1991
Extends nondiscriminatory treatment (most-favored-nation treatment) to the products of Estonia, Latvia, and Lithuania. Amends the Harmonized Tariff Schedule of the United States to remove their products from the column two duty rate.
United States · United States Congress · 12 September 1991
Expresses the sense of the Congress that the United States should not provide any direct financial assistance to the Soviet Union until the Soviet Union ceases all of its direct economic and military support for the regime of Fidel Castro in Cuba.
United States · United States Congress · 11 September 1991
Amends the Internal Revenue Code to require presidential or vice-presidential candidates to prepare television commercials with closed captioning of the oral content as a condition of their eligibility for funding from the Presidential Election Campaign Fund.
United States · United States Congress · 11 September 1991
Mandates a study and report to the Congress by the National Academy of Sciences of the effects on human health of exposure to extremely low frequency electric and magnetic fields. Directs the Secretary of Energy to make available funds for the study from funds generally available to the Secretary for conducting studies. Declares that it is the sense of the Congress that any public utility planning to install electric transmission lines should delay installation of the lines for a specified period after submission of the report.
United States · United States Congress · 2 August 1991
Radon Awareness and Disclosure Act of 1991 - Title I: Three-Year Extension of Indoor Radon Abatement Provisions of Toxic Substances Control Act - Amends the Toxic Substances Control Act to extend the authorization of appropriations for: (1) grants and technical assistance to States for radon programs; (2) an Environmental Protection Agency (EPA) publication entitled "A Citizen's Guide to Radon"; (3) model construction standards and techniques for controlling radon levels in new buildings; and (4) regional radon training centers. Title II: Radon Testing - Directs the EPA Administrator to establish a program that requires: (1) products offered for sale or devices used in connection with public services for radon measurement to meet minimum performance criteria; and (2) operators of devices or persons employing techniques used in connection with public services for radon measurement to meet a minimum level of proficiency. Requires a list of devices meeting such criteria and a summary of current radon measurement technology to be made available to the public. Prescribes civil penalties for violations of this title. Directs the Administrator to establish a fee schedule for persons manufacturing or operating such devices or employing such techniques. Provides for a waiver or reduction of fees for persons who agree to test for radon in public and nonprofit child care facilities, schools, hospitals, nursing homes, or other care facilities. Provides for the deposit of fees in a Radon Service Account. Requires the Administrator to: (1) implement an outreach program to provide information about radon to the medical community; (2) develop and distribute informational material concerning radon tailored to doctors in general practice and in specialties related to lung cancer; (3) evaluate current efforts to promote radon testing and ways to increase testing during real estate transactions; and (4) report to the Congress on alternative strategies for promoting such testing. Title III: Radon In Schools - Directs the Administrator, by September 30, 1992, to designate areas with radon levels exceeding the national average for radon as priority radon areas. Requires local educational agencies to test each school building under their authority for radon. Establishes a schedule for such testing. Makes test results available for public review. Requires individuals carrying out radon testing and testing and mitigation devices and methods to be approved pursuant to proficiency programs. Establishes within EPA a Radon Testing and Mitigation Assistance Program to provide assistance for testing and mitigation devices and methods. Requires State Governors to establish priority lists of assistance applicants, based on the nature and magnitude of potential exposure to radon. Authorizes the provision to approved applicants of loans of up to 100 percent, and grants of up to 50 percent, of the total cost of a testing program. Imposes civil penalties upon local educational agencies violating this title's requirements. Authorizes citizen complaints with respect to radon in school buildings. Authorizes appropriations. Title IV: President's Commission on Radon Awareness - Establishes the President's Commission on Radon Awareness to: (1) examine existing public awareness programs concerning radon; (2) act as a coordinating body for the donation of resources to assist in programs and strategies to raise awareness of the health threats of radon; (3) encourage media outlets to increase radon awareness; and (4) evaluate the effectiveness and assist in the update of such programs and strategies.
United States · United States Congress · 2 August 1991
Intermodal Carriers Competitiveness Act of 1991 - Prohibits a State, political subdivision, or interstate agency of two or more States from adopting or enforcing any law, rule, regulation, or standard relating to interstate or intrastate rates, routes, services, or terms of service of any national intermodal carrier with respect to the provision of surface transportation of property in the State.
United States · United States Congress · 2 August 1991
Trade Equity Act of 1991 - Amends the Harmonized Tariff Schedule of the United States to classify certain light trucks or light-duty trucks as motor vehicles for the transport of goods for purposes of tariff treatment under the Schedule.
United States · United States Congress · 2 August 1991
National Energy Efficient Lighting Education Act of 1991 - Directs the Secretary of Energy (the Secretary), within 12 months after enactment of this Act, to make grants to nonprofit institutions and universities (or a consortium of such entities) to establish one regional energy efficient lighting education and demonstration center (centers) in each of the ten regions served by a Department of Energy regional support office. Sets forth such centers' responsibilities, including functions relating to training of lighting professionals, information dissemination, and assistance for lighting engineering and technical programs and curricula. Sets forth requirements for grant applications, selection criteria, and matching funds. Directs the Secretary to establish a task force to: (1) oversee research and training carried out by grant recipients; (2) disseminate such research results; (3) review such programs; and (4) make recommendations for possible future programs. Directs the Secretary to report annually to the Congress on the activities of such centers. Authorizes appropriations for grants for such centers. Authorizes the Secretary to make matching grants to States to encourage State energy offices to supplement the activities of such centers in providing educational workshops to train local building owners, developers, and facility energy and financial managers regarding energy efficient lighting options. Requires such workshops to be conducted in cooperation with the center for the region in which the State is located and with technical assistance and educational material from such center. Gives preference for such grants to States in which a center has not been established. Sets limits on the amount of such a grant to any State. Directs the Secretary to report annually to the Congress on such educational workshops supported by State energy offices. Authorizes appropriations for such grants to States.
United States · United States Congress · 2 August 1991
Decennial Census Improvement Act of 1991 - Directs the Secretary of Commerce to contract with the National Academy of Sciences to study and report to specified congressional committees on ways to improve data collection and enumeration methods under the decennial census.
United States · United States Congress · 2 August 1991
Low-Income Medicare Beneficiary Notification Act of 1991 - Amends title XVIII (Medicare) of the Social Security Act to require the Secretary of Health and Human Services' annual notice to Medicare beneficiaries to: (1) notify such beneficiaries of the availability of and the requirements to qualify for Medicaid (title XIX of the Act) payment of their premiums, deductibles, and copayments under Medicare; and (2) contain an initial application for such assistance. Requires participating physicians and hospitals to post conspicuously a notice of the availability of such assistance. Amends the Medicaid program to State plans to provide for the establishment and operation of a toll-free hotline to provide information on such assistance.
United States · United States Congress · 2 August 1991
Semiconductor Investment Act of 1991 - Amends the Internal Revenue Code to classify the depreciable life for semiconductor manufacturing equipment as three-year property.
United States · United States Congress · 2 August 1991
Audio Home Recording Act of 1991 - Amends Federal copyright law to: (1) set forth definitions relating to digital audio recording devices and media; and (2) prohibit certain copyright infringement actions based on the manufacture, importation, or distribution of a digital or analog audio recording device or medium, or the use of such device or medium for making phonorecords, except when done for commercial advantage. Sets forth a mandatory recordation and filing procedure for the importation, manufacture, or distribution in the United States of digital audio recording devices or media. Requires importers and manufacturers to file quarterly and annual statements of account with the Register of Copyrights (the Register). Mandates Register verification of such statements. Sets forth verification guidelines. States that verification audit costs shall be borne by interested copyright parties. Sets forth confidentiality guidelines with respect to such mandatory statements of accounts. Prescribes royalty payment guidelines for digital audio recording devices and media imported, manufactured, or distributed in the United States. Requires that royalty payments be deposited into the Treasury. Identifies interested copyright parties entitled to royalty payments. Prescribes royalty payment allocation and distribution procedures. Permits alternative royalty collection and distribution arrangements to be negotiated among interested copyright and manufacturing parties. Maintains the Copyright Tribunal jurisdiction over such negotiated arrangements insofar as nonparticipant interests are affected. Prohibits: (1) the importation, manufacture, and distribution of any digital audio recording device or audio interface device that does not conform to certain standards and specifications to implement the Serial Copy Management System; and (2) the circumvention of such System. Directs the Secretary of Commerce to publish in the Federal Register a certain Technical Reference Document which sets forth the standards and specifications pertinent to the Serial Copy Management System. Authorizes the Secretary to implement such System according to the prescribed guidelines. Sets forth civil remedies for violations of this Act, including impoundment, remedial modification and destruction of non-complying devices, and binding arbitration.
United States · United States Congress · 2 August 1991
Approves the extension of nondiscriminatory treatment (most-favored nation treatment) to the products of the Soviet Union, Estonia, Latvia, and Lithuania transmitted to the Congress by the President on August 2, 1991.
United States · United States Congress · 2 August 1991
Expresses the sense of the House of Representatives that it should be U.S. policy to maintain all sanctions and embargoes against Iraq until all Kuwaiti prisoners are released to the proper Kuwaiti authorities and an account is rendered for Kuwaiti deaths under Iraqi detention.
United States · United States Congress · 1 August 1991
Uniform Business Tax Act of 1991 - Amends the Internal Revenue Code to impose a uniform nine percent tax on the taxable value of property and services produced and sold in the United States by a taxable business. Provides that the taxable value shall be equal to the net business receipts of the business. Declares that the minimum tax shall not be less than the sum of employer payroll taxes. Allows as a credit against the uniform business tax for any taxable year of an amount equal to the minimum uniform business tax credit for such year. (Provides a formula for determining such minimum tax credit.) Defines net business receipts as the excess of business receipts over business expenses. Defines business receipts as the aggregate amount received in connection with a business from: (1) the sale or rental of property located in the United States; (2) the performance of services in the United States; or (3) the sale or use of intangibles (such as copyrights, patents, franchise rights, and know-how) in the United States. Excludes receipts from exports and certain other receipts. Defines business expenses as any amount paid by the taxpayer with respect to a business of the taxpayer for the purchase or use of property or for the purchase of services. Specifies expenses that are not included as business expenses. Sets forth special rules for determining business receipts and expenses with respect to: (1) sales of property; (2) services performed both inside and outside the United States; (3) exchanges treated as sales; (4) intermediation services in the case of insurance activities; and (5) sale or lease payments received in more than one taxable period. Provides special rules for possessions corporations in determining net business receipts. Provides that the uniform business tax will not be imposed on tax-exempt organizations. Defines a taxable business as: (1) any C corporation (any corporation other than a small business corporation); and (2) any other taxpayer with business receipts in excess of $50,000. Sets forth administrative provisions concerning the time for filing returns and consolidated returns of an affiliated group of corporations. Allows a tax credit against the net uniform business tax paid or incurred by an eligible taxpayer (any person liable for such tax). Imposes a tax on importers of nine percent of the customs value of all imported property for consumption, use, or warehousing, except for items entered into the United States duty-free. Repeals the: (1) corporate income tax; and (2) corporate minimum tax. Makes the employment tax on wages and the employer railroad retirement tax on compensation inapplicable to employers subject to the uniform business tax.
United States · United States Congress · 1 August 1991
Military Retirement Equity Act of 1991 - Permits retired members of the armed forces to be paid retirement pay concurrently with compensation for any service-connected disability if the person's entitlement to such retirement pay is based solely on: (1) age; (2) length of service; or (3) both. Reduces the amount of retirement pay, in the case of individuals receiving both types of pay, by a specified percentage of the disability compensation which decreases as the disability rating increases. Prohibits any reduction in the retirement pay of a disabled person when the disability rating is total. Expresses the sense of the Congress that, once the Federal budget deficit has been reduced, the Congress should reexamine and eliminate any offset of retired pay by a veteran's disability compensation.
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.
United States · United States Congress · 31 July 1991
Establishes a Joint Committee on the Organization of the Congress to: (1) make a full and complete study of the organization and operation of the Congress; and (2) recommend improvements in such organization and operation with a view toward strengthening its effectiveness, simplifying its operations, improving its relationships with other branches of the Government, and improving the orderly consideration of legislation. Requires a report to the Senate and the House of Representatives not later than the adjournment sine die of the 102d Congress.
United States · United States Congress · 30 July 1991
Amends the Internal Revenue Code to provide that an employer's treatment of employees, or employees in substantially similar positions, as being employees for certain periods and not being employees for other periods shall not be treated as indicative of any intentional disregard of the requirement to deduct and withhold employment taxes. Sets forth the circumstances under which employment tax liability is terminated for periods before December 31, 1994. Declares that an employer shall be treated as having a reasonable basis for not treating an employee as an employee for a period if such treatment was based on: (1) judicial precedent, published rulings, technical advice, or a letter ruling; (2) longstanding recognized practice of a significant segment of the industry; or (3) some other demonstrable manner. Prohibits a refund or credit of any overpayment of an employment tax resulting from the application of this Act.
United States · United States Congress · 29 July 1991
Medicare Physician Payment Reform Amendments of 1991 - Amends title XVIII (Medicare) of the Social Security Act to revise the transition rules for phasing in the resource-based relative value scale (RB RVS) method of payment for physician services to prohibit adjustments for asymmetry in the transition and for behavioral responses. Declares spending under this Act to be an emergency requirement under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) and exempt from sequestration.
United States · United States Congress · 29 July 1991
Recognizes and grants a Federal charter to the Military Order of the World Wars, a nonprofit corporation organized under the laws of the District of Columbia.
United States · United States Congress · 26 July 1991
Calls on the Government of Vietnam to: (1) make public the names of all individuals who continue to be held in "reeducation" camps or prisons in connection with suspected opposition to the Government; (2) release immediately all remaining long-term detainees from such camps or prisons; (3) grant exit permission to all Vietnamese who qualify for resettlement in the United States through the U.S. Special Released Reeducation Center Detainees Resettlement Program; and (4) end immediately all arrests or rearrests of detainees.
United States · United States Congress · 25 July 1991
Unemployment Insurance Reform Act of 1991 - Title I: Federal Supplemental Compensation Program - Subtitle A: Establishment of Program - Establishes a Federal supplemental unemployment compensation program. Allows any State to enter into and participate in an agreement with the Secretary of Labor (the Secretary) under which the State agency which administers the State unemployment compensation law will make payments of Federal supplemental compensation: (1) to individuals who have exhausted all rights to regular compensation under State law, have no rights to such regular compensation or any additional State or Federal compensation, and are not receiving Canadian compensation; and (2) for any week of unemployment beginning in the individual's eligibility period. Sets forth provisions relating to exhaustion of regular benefits and weekly amount of supplemental benefits equal to regular benefits. Requires a State, under such an agreement, to establish a Federal supplemental compensation account with respect to the benefit year of each eligible individual who files an application. Limits benefit payments to not more than the amount in the individual's account. Sets forth formulas for determining the amount in such account. Provides that such amount shall be equal to the lesser of: (1) 100 percent of the total amount of regular compensation (including dependents' allowances) payable to the individual with respect to the most recent regular benefit year; or (2) the applicable limit times the average weekly benefit amount for the benefit year. Sets the applicable limit at: (1) 20 for an eight-percent period, i.e. one triggered by a total unemployment rate (TUR) of eight percent or more in the State, seasonally adjusted, for the most recent three months with available data; (2) 15 for a seven-percent period; and (3) ten for a six-percent period. Sets forth special rules relating to such applicable limits. Coordinates the Federal supplemental compensation program with the trade readjustment allowance program under the Trade Act of 1974. Sets forth general, special, and transitional rules for supplemental benefit periods, individual eligibility periods, State on and off indicators, and a temporary national trigger. Sets forth provisions for payments to States having such agreements for Federal supplemental compensation. Sets forth reachback provisions for certain individuals' eligibility for such benefits. Sets forth provisions relating to fraud and overpayments. Subtitle B: Repeal of Extended Program - Repeals the Federal-State Extended Unemployment Act of 1970, and references to the extended unemployment compensation program (established by such Act) in the Federal Unemployment Tax Act (FUTA) provisions of the Internal Revenue Code and in the Social Security Act (SSA). Title II: Modifications to Eligibility Provisions - Amends FUTA to limit the circumstances under which individuals may be disqualified for unemployment compensation under State law. Amends specified Federal law to repeal certain limitations on payment of unemployment compensation to former members of the Armed Forces. Reduces the length of the period of required active duty reserves to qualify for such payments. Amends FUTA to allow optional unemployment benefits for certain school employees, by making denial of such benefits discretionary rather than mandatory. Amends FUTA with respect to the treatment of certain determinations with respect to claims for unemployment compensation benefits under State law. Amends FUTA to require State agencies administering unemployment compensation to approve any training program involving classroom training, occupational skill training, basic or remedial education, or literacy or remedial English training, in the case of any individual who has received compensation under State law for ten weeks or more during the benefit year (thus allowing such individual to receive such compensation while participating in such training). Title III: Demonstration Program to Provide Job Search Assistance - Directs the Secretary to carry out a demonstration program to determine the feasibility of implementing job search assistance programs. Requires selection of three States to participate in such program, based on specified criteria. Requires that at least one of these States will replicate a prior successful demonstration project for job search assistance. Sets forth requirements for the program agreement with these States. Requires a job search assistance program, for purposes of this title, to: (1) require certain unemployment compensation recipients to participate in a qualified intensive job search program (the program) after receiving such compensation for ten weeks during any benefit year; (2) entitle such individuals to an intensive job search program voucher; and (3) disqualify those who do not satisfactorily participate in such program from receiving such compensation for a specified period. Makes such program requirements applicable to such recipients if, during a specified three-year period, they had at least 126 weeks of employment at wages of $30 or more a week with their last employer (or an equivalent amount computed under prescribed regulations). Sets forth exceptions to such program requirements and program qualifications. Provides that such vouchers entitle the organization (including the State employment service) providing the program to a payment from the State agency equal to the lesser of: (1) the reasonable costs of providing the program; or (2) the average weekly benefit amount in the State. Requires Federal payments from the supplemental compensation account to each participating State's account in the Unemployment Trust Fund in an amount equal to the payments made by the State agency for such program vouchers. Provides for payments on a calendar month basis, and for certification by the Secretary. Directs the Secretary to submit two interim reports and a final report to the Congress on the demonstraton program under this title. Title IV: Financing Reforms - Amends the Social Security Act (SSA) to provide for transfers of income taxes on unemployment benefits to the Unemployment Trust Fund. Modifies provisions for Federal unemployment accounts. Provides for an increase in quarterly credits for States with adequate balances. Provides for appropriate adjustments in transfers to the Federal unemployment account. Raises a ceiling on the supplemental compensation account. Provides for borrowing between Federal accounts, under specified circumstances, with respect to: (1) the employment security administration account; (2) the Federal unemployment account; or (3) supplemental compensation and reemployment assistance account. Directs the Secretary, within 12 months, to report to the Congress a proposal for revising the method of allocating grants among the States for administration of the unemployment insurance program. Prohibits the Secretary from revising such method until 12 months after such report is submitted to the Congress. Amends the SSA to establish an Advisory Council on Unemployment Compensation. Directs the Secretary to establish such a council by December 31, 1991, and every fifth year thereafter. Requires each such council to evaluate the unemployment compensation program. Sets forth membership and staff provisions. Requires each council to report to the Congress by October 1 of the year following the year in which is required to be established. Terminates each council after it submits its report. Title V: Budget Compliance Provisions - Subtitle A: Congressional Designation of Emergency - Designates the provisions of (and amendments made by) this Act as emergency requirements, pursuant to specified provisions of the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Subtitle B: Effect of Failure of President to Designate Emergency - Declares that specified provisions of this subtitle shall take effect only if the President does not, on the date of enactment, designate the provisions of (and amendments made by) this Act as emergency requirements under the Balanced Budget and Emergency Deficit Control Act of 1965. Amends Federal Unemployment Tax Act (FUTA) provisions of the Internal Revenue Code relating to the rate of the Federal unemployment tax. Modifies the formula for determining such rate to make such FUTA excise tax on employers equal to: (1) five and four-tenths percent of the total wages paid during the calendar year with respect to employment; and (2) a specified percentage of the total Federal taxable wages paid during the calendar year with respect to employment. (Provides that such percentage shall be lowered as it is phased-in, from 0.4 percent in 1993 to 0.2 percent in 1997 and thereafter.) Makes conforming modifications to credit provisions and tax computation provisions. Sets forth the applicable cost estimate of this Act for FY 1991 through 1995 for purposes of the Balanced Budget and Emergency Deficit Control Act of 1985. Provides, notwithstanding such cost estimate, for budgetary treatment under pay-as-you-go procedures. Sets forth findings relating to such treatment. Subtitle C: Additional Provisions - Exempts Federal supplemental compensation program payments under title I of this Act from any sequestration order issued under the Balanced Budget and Emergency Deficit Control Act of 1985 for FY 1992 or any succeeding fiscal year.
United States · United States Congress · 24 July 1991
Amends the National Trails System Act to designate the American Discovery Trail extending from Pt. Reyes, California, through Nevada, Utah, Colorado, Kansas, Missouri, Illinois, Indiana, Ohio, West Virginia, the District of Columbia, and Maryland to Cape Henlopen State Park, Delaware, for study for potential addition to the National Trails System.
United States · United States Congress · 24 July 1991
Toxic Cleanup Equity and Acceleration Act of 1991 - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to absolve municipalities or other persons from liability to any person other than the United States for claims of contribution or other response costs or damages related to the generation or transportation, or arrangement for the transportation, treatment, or disposal of municipal solid waste or sewage sludge unless there is a basis for liability under provisions governing owners or operators. Prohibits the President from initiating or maintaining an action against any person (other than owners or operators) in the absence of exceptional circumstances. Provides that exceptional circumstances exist where the President obtains evidence that: (1) the release of hazardous substances on which liability is based is not that ordinarily found in municipal solid waste or sewage sludge and the hazardous substances were derived from a commercial, institutional, or industrial process or activity; (2) the total contribution to the site of hazardous substances from such activities is insignificant in terms of volume and toxicity when compared to the volume and toxicity of the municipal solid waste and sewage sludge; or (3) absent the contribution of such substances, the contribution of hazardous substances from the municipal solid waste and sewage sludge would be a significant cause of the release that will result in the response action. Authorizes the President, when the release involves trash from commercial, institutional, or industrial sources, to require persons handling such materials to provide evidence that the general composition and toxicity of the trash are similar to those of waste generated by households. Authorizes a municipality, whenever an administrative or judicial action is brought against the municipality for acts or omissions concerning the handling of municipal solid waste or sewage sludge, to request the President to settle the municipality's potential liability for response costs or damages to natural resources. Prohibits an action from being commenced or pursued during the period the President is considering the settlement request. Limits permissible reasons to fail to reach a settlement to one or more of the following: (1) the settlement offer from the municipality does not meet the cost allocation criteria; (2) the municipality refuses to agree to settlement terms required in consent decrees; or (3) insufficient information exists to permit a cost allocation. Provides that if the President completes a settlement with a party other than the municipality requesting a settlement, such settlement creates a rebuttable presumption that the President cannot invoke insufficient information as a reason for failing to settle with the municipality concerning matters addressed in the other party's settlement. Provides that settlements shall: (1) require the municipality to pay for costs based on the quantity of hazardous constituents in municipal solid waste and sewage sludge, subject to a certain condition; (2) limit a municipality's payments if such payments would force a municipality to dissolve, declare bankruptcy, or default on debt obligations; and (3) be reached even in the event that a municipality may be liable for response costs or damages in other actions. Requires the President to provide a covenant not to sue with respect to the facility concerned to any municipality which has entered into a settlement. Directs the President to prepare a nonbinding preliminary allocation of responsibility (based on the quantity of hazardous constituents in municipal solid waste and sewage sludge) upon the request of a municipality. Applies this Act to all administrative or judicial actions commenced before this Act's effective date, unless a final court judgement has been rendered or a court-approved settlement agreement has been reached.
United States · United States Congress · 23 July 1991
Expresses the sense of the House of Representatives that the people of the United States should recognize: (1) the tenth anniversary of "An Artistic Discovery" (the Congressional High School Art Competition); and (2) its success in encouraging the creative endeavors of our Nation's young artists and forging strong working relationships among the Congress, businesses, and the arts community towards the ultimate goal of providing opportunities for high school students to express their artistic talents.
United States · United States Congress · 17 July 1991
Lead-Based Paint Hazard Abatement Act - Title I: Abatement of Lead-Based Paint Hazards - Amends the Public Health Service Act to establish a program of formula allotments to States and city and urban entities for abatement of lead-based paint hazards. Sets requirements for annually increasing matching funds. Describes grant purposes, including inspection of residential and child day-care structures for lead hazards, removal of hazards, housing for displaced occupants, and counseling on lead poisoning. Allows grant abatement expenditures only if the income of a residential structure's occupants is 80 percent or less of the median income of the geographic area; or, for other eligible structures, only if a public health service agency has determined the structure is a significant-hazard structure. Prescribes rulemaking procedures for the issuance of program standards, requiring the use of specified regulations of the State of Massachusetts if a final rule is not issued within one year. Requires the establishment of an advisory council to supply advice on the administration of the program. Sets forth additional standards regarding authorized grant activities, planning requirements, annual reports, and allotment reallocations. Title II: Lead Abatement Trust Fund - Amends the Internal Revenue Code to impose a tax on lead removed from any U.S. smelter and imported lead and lead products of 75 cents per pound for primary lead and 37 cents per pound for secondary lead. Terminates the tax after ten years. Establishes the Lead Abatement Trust Fund in the Treasury. Title III: General Provisions - Sets forth the effective dates for the formula grants and the imposition of the excise tax.
United States · United States Congress · 17 July 1991
California Desert Protection Act of 1991 - Title I: Wilderness Additions - Designates as additions to the National Wilderness Preservation System 77 wilderness areas within the California Desert Conservation Area (CDCA), the Yuma District, and the Bakerfield District of the Bureau of Land Management. Permits grazing in such areas. Prohibits the approval of any plan of operation prior to determining the validity of unpatented mining claims, mill sites, and tunnel sites affected by plans in such areas. States that non-designated areas within the CDCA have been adequately studied for inclusion in the System and releases them from otherwise applicable restrictions. Designates certain lands within the CDCA as the White Mountains Wilderness Study Area. Title II: Death Valley National Park - Establishes the Death Valley National Historic Park which subsumes the Death Valley National Monument. Withdraws the additional lands from further exploitation under the mining laws. Requires the Secretary of the Interior (the Secretary) to determine the validity of any unpatented mining claims, mill sites, and tunnel sites within such additional lands and whether the United States should acquire any mineral rights in such lands. Preserves grazing privileges on such lands for persons holding permits as of July 1, 1991. Terminates all grazing on July 1, 2016. Title III: Joshua Tree National Park - Establishes the Joshua Tree National Park which subsumes the Joshua Tree National Monument. Withdraws the additional lands from further exploitation under the mining laws. Requires the Secretary to determine the validity of any unpatented mining claims, mill sites, and tunnel sites within such additional lands and whether the United States should acquire any mineral rights in such lands. Continues the validity of certain rights-of-way of the Metropolitan Water District. Title IV: Mojave National Park - Establishes the Mojave National Monument which subsumes the East Mojave National Scenic Area. Withdraws Federal lands within the Monument from further exploitation under the mining laws. Requires the Secretary to determine the validity of any unpatented mining claims, mill sites, and tunnel sites within the Monument and whether the United States should acquire any mineral rights in such lands. Authorizes the Secretary to regulate mining in such Monument. Preserves grazing privileges on such lands for persons holding permits as of July 1, 1991. Terminates all grazing on July 1, 2016. Continues the validity of existing rights-of-way for specified activities. Directs the Secretary to submit a management plan for the Monument to the Senate Committee on Energy and Natural Resources and the House Committee on Interior and Insular Affairs. Designates the Granite Mountains Natural Reserve within the Monument. Authorizes the Secretary to construct a visitors' center and acquire lands. Title V: National Park Wilderness - Designates as wilderness the Death Valley National Park Wilderness, the Joshua Tree National Park Wilderness Additions, and the Mojave National Monument Wilderness. Title VI: Miscellaneous Provisions - Directs the Secretary to transfer Red Rock Canyon State Park Additions in the CDCA to California. Establishes the Desert Lily Sanctuary within the CDCA. Prohibits the Secretary and the Secretary of Agriculture from: (1) disposing of lands within the boundaries of any wilderness, park, or monument designated by this Act; (2) granting rights-of-way in lands within designated wilderness; and (3) making lands within such boundaries available for use by the Metropolitan Water District. Requires the Secretary to transfer certain Federal lands selected by the California State Lands Commission upon transfer to the United States of State school lands of equivalent value that are included in areas designated as wilderness and national parks under titles I through IV of this Act. Sets forth procedures for establishing fair market value. Creates the California Desert State Lands Credit Account in the event that the value of selected Federal lands is less than that of transferred State lands. Authorizes the Secretary to exchange Federal mineral interests in lands in California for private mineral interests in wilderness areas and national parks designated by this Act. Directs the Secretary to insure nonexclusive access to the wilderness areas, parks, and monument designated by this Act for traditional Indian cultural and religious purposes. Reserves Federal water rights for wilderness areas designated by this Act. Authorizes appropriations. Title VII: Definitions - Sets forth specified definitions.
United States · United States Congress · 16 July 1991
Establishes the United States Census Commission to investigate and study the 1990 census and to report recommendations to the Congress for any reforms needed for the 2000 census.
United States · United States Congress · 16 July 1991
Amends the Internal Revenue Code to permit deferred compensation plans of State and local governments and tax-exempt organizations to make distributions to a participant if: (1) the total does not exceed $3,500; and (2) such amount may be distributed only if no amount has been deferred during the two-year period ending on the date of distribution and there has been no prior distribution. Allows the plan to distribute such amount without the participant's consent under such circumstances. Allows participants to make one change in their deferred distribution date. Provides for a cost-of-living adjustment to the maximum deferral amount per year.
United States · United States Congress · 11 July 1991
Access to Life-Saving Therapies Act - Amends the Federal Food, Drug, and Cosmetic Act to direct the Secretary of Health and Human Services, through the Food and Drug Administration, to approve, at the request of the sponsor and on an expedited basis, a drug or biologic needed to treat or prevent a life threatening disease or seriously debilitating illness if the drug or biologic meets certain conditions, including some indications of effectiveness and safety and a lack of alternative satisfactory therapy. Deems an application under the amendments made by this Act approved unless other action is taken within 120 days. Prohibits any health insurance policy or plan from distinguishing, for the purpose of determining whether a drug is eligible for coverage or reimbursement, between a drug approved under the amendments made by this Act and one approved under specified other provisions of the Public Health Service Act. Mandates suspension of approval under the amendments made by this Act if at least two subsequent studies fail to confirm the initial safety and efficacy conclusions. Requires written informed consent for administration of a drug approved under amendments made by this Act.
United States · United States Congress · 11 July 1991
Community Right-To-Know More Act of 1991 - Amends the Solid Waste Disposal Act to revise congressional findings, objectives, and national policy provisions. Title I: Expansion of Toxics Release Inventory - Requires owners or operators of facilities subject to toxic chemical release requirements under the Emergency Planning and Community Right-To-Know Act of 1986 that meet threshold requirements under this Act to include supplemental information comparable to that required in toxic chemical release forms for transfers or releases of chemicals that are: (1) priority pollutants relating to steam electric power point source pollutants under the Federal Water Pollution Control Act; (2) specified hazardous wastes listed under the Solid Waste Disposal Act; (3) specified chemicals listed under the Clean Air Act; (4) pesticides with respect to which the registration has been denied, cancelled, or is under suspension or pesticides undergoing administrative review or that are classified for restricted use; (5) chemicals listed under the Safe Drinking Water Act for which maximum contaminant levels have been proposed; (6) chemicals identified as carcinogens by the Carcinogen Assessment Group of the Environmental Protection Agency (EPA), the International Agency for Research on Cancer, or the National Toxicology Program; (7) extremely hazardous substances listed pursuant to the Emergency Planning and Community Right-To-Know Act of 1986; (8) chemicals listed in 90 California Regulatory Notice Register 990 as reproductive toxins; or (9) listed under the Emergency Planning and Community Right-To-Know Act of 1986 that are not used at a level that meets threshold requirements for reporting but are released to the environment or transferred to an offsite waste management facility in amounts meeting the threshold under this Act. Provides that a facility meets the threshold requirements with respect to a chemical listed under this Act if the facility: (1) uses the chemical at a level that meets the threshold requirement for reporting under the Emergency Planning and Community Right-To-Know Act of 1986; or (2) releases to the environment or transfers to an offsite waste management facility a chemical in an amount greater than or equal to 100 pounds annually in the case of metals or metal compounds or 2,000 pounds annually for any other chemical. Authorizes the EPA Administrator to establish lower thresholds for any chemical, user segment, or facility. Permits authorized States to establish lower thresholds for facilities in their jurisdictions. Authorizes the Administrator to delete a carcinogen or reproductive toxin from the list under this Act if it is not otherwise listed under this Act or the Emergency Planning and Community Right-To-Know Act of 1986. Applies toxic chemical release reporting requirements to facilities employing at least ten full-time employees that are not currently subject to such requirements, but meet threshold reporting requirements under this Act or the Emergency Planning and Community Right-To-Know Act of 1986. Title II: Toxics Use Reduction - Requires owners or operators of covered facilities to submit: (1) annual toxics use reduction reports for each covered chemical for which such facilities are required to file toxic chemical release forms or supplemental information pursuant to title I; and (2) annual plans for reducing the use of covered chemicals. Sets forth report and plan requirements and submission deadlines. Authorizes the Administrator to modify such plans. Requires the Administrator to establish an advisory board to determine a professional code of practice for toxics use reduction materials accounting and planning. Directs owners or operators of facilities in violation of standards, permit conditions, or regulations pertaining to the management or release of covered chemicals, upon the request of 50 citizens or employees, to establish a workplace toxic use reduction committee to provide ongoing dialogue and appraisal of the progress toward pollution prevention. Requires the committee to meet at least quarterly to review a facility's progress on toxics use reduction. Directs the Administrator to implement a strategy to promote toxics use reduction. Requires the Administrator, Federal agencies, and States or political subdivisions, in issuing or approving regulatory action under specified environmental, consumer protection, occupational health and safety, and energy Acts, to make toxics use reduction an integral part of the planning, decisionmaking, and rulemaking process. Authorizes the Administrator to require owners or operators of facilities to provide records and information and grants the Administrator access to records, products, or raw materials. Requires the Administrator to establish a technical assistance and research program to promote and study toxics use reduction. Directs the Administrator to analyze information on production units reported by facilities for purposes of classifying such units into groups that use similar production processes and covered chemicals. Authorizes the Administrator to classify such units into groups on the basis of industrial categories according to Standard Industrial Classification codes. Requires the Administrator to: (1) classify ten groups, to be referred to as user segments; (2) evaluate the reduction in the use and generation of covered chemicals by each production unit in each user segment; and (3) prepare and make available to the public an annual percentile ranking of each unit according to use and generation as byproduct. Authorizes the Administrator to promulgate regulations to establish minimum toxics use reduction performance requirements for production units in user segments. Sets forth regulation requirements. Applies provisions of the Emergency Planning and Community Right-To-Know Act of 1986 concerning trade secrets, the provision of information to health professionals, and public availability of information to toxics information under this Act. Waives Federal facility compliance with toxics use reduction and reporting requirements upon the request of the Secretary of Defense and the President's determination that such waiver is in the interest of national security. Directs the Administrator to study and report to the appropriate congressional committees on methods of encouraging the reporting of toxics information through the use of computer telecommunication and other means. Requires the Director of the Office of Technology Assessment to study and report to the Administrator and the Congress on the provision to the public of toxic release inventory information and related information required to be submitted to the Administrator. Prescribes civil and administrative penalties for violations of toxics use reduction and reporting requirements. Sets forth provisions concering civil actions with respect to such violations. Requires the Administrator to establish a grant program to assist States and local governments in establishing innovative toxics use reduction programs. Directs States to make 75 percent of a grant available to local governments for carrying out toxics use reduction. Bases the awarding of grants on the extent to which chemical substances are manufactured, processed, used, and disposed of in a State, the extent of exposure to such substances in a State, and the population density of a State. Authorizes appropriations for such grants and for toxics use reduction under this Act. Requires the Administrator to: (1) implement a procurement policy that reduces, avoids, or eliminates the acquisition of agency procurement items made with or containing covered chemicals and hazardous secondary materials; and (2) make recommendations to the Congress for a national toxics use reduction procurement policy covering all procuring agencies, Federal facilities, and government contractors. Amends the Pollution Prevention Act of 1990 to increase the amounts authorized to be appropriated for functions under such Act and to increase and extend the authorization of appropriations for technical assistance grants to States. Title III: Waste Stream Reporting - Amends the Solid Waste Disposal Act to revise recordkeeping and reporting requirements for hazardous waste generators. Directs hazardous waste generators to report annually to the Administrator and authorized State agencies on the quantity of hazardous waste generated from each catastrophic event, remedial action, or one-time event not associated with production processes. Sets forth reporting requirements for generators of solid waste in amounts in excess of 11,000 pounds a month and for facilities managing solid and certain special wastes generated by fossil fuels combustion, mining, and activities involving cement kilns. Reqiures the Administrator to: (1) maintain publicly accessible databases for hazardous, solid, and special waste stream data reported under this Act; (2) make the data accessible on a cost reimbursable basis; and (3) report to the Congress on links between EPA databases and changes that would facilitate links between all major EPA operations.
United States · United States Congress · 10 July 1991
Lead Contamination Control Act Amendments of 1991 - Amends the Public Health Service Act to revise provisions concerning grants for lead poisoning prevention programs to authorize grants to public and nonprofit entities (currently, State and local governments). Requires priority in making grants to be given to applications for programs that will serve areas with a high incidence of elevated blood-lead levels in infants and children. Prohibits the Secretary of Health and Human Services from making such grants unless, in the case of any service that is made available pursuant to the State plan approved under title XIX of the Social Security Act (Medicaid) for the State involved, the grant applicant: (1) will provide the service directly and has entered into a participation agreement under the State plan and is qualified to receive payments under the plan; or (2) will enter into an agreement with a Medicaid provider under which the provider will provide the service and the provider has entered into a participation agreement and is qualified to receive such payments. Waives the requirement to enter into an agreement for such providers if the provider does not impose a charge or accept reimbursement from a third-party payor with respect to health care services. Prohibits grant recipients from making payments from the grant for any service to the extent that payment can reasonably be expected to be made for such service: (1) under any State compensation program, under an insurance policy, or under any Federal or State health benefits program; or (2) by an entity that provides health services on a prepaid basis. Waives such prohibition in the case of those providers through which the grantee provides services if the Secretary has provided a waiver with respect to secondary participation agreements. Extends the authorization of appropriations for the grant program through FY 1996. Sets forth the requirements for the national primary drinking water regulation for lead. Applies such requirements to community and noncommunity water systems. Establishes a limit for lead in tap water. Provides that the maximum contaminant level goal for lead in drinking water is zero. Requires requirements set forth in this Act to supersede requirements concerning lead in drinking water promulgated by the Administrator of the Environmental Protection Agency (EPA) on May 6, 1991, except for requirements relating to analytical methods. Permits the Administrator to promulgate regulations concerning lead in drinking water only if they are more protective of human health than corresponding requirements of this Act. Provides that the maximum contaminant level for lead in effect before May 6, 1991, shall be effective upon this Act's enactment date. Sets forth deadlines by which water systems shall complete applicable corrosion control treatment requirements. Deems a system to have optimized corrosion control and exempts a system from completion of corrosion control treatment steps if the system satisfies one of the following criteria: (1) in the case of a small- or medium-sized system, the system meets the tap water lead limit during two consecutive six-month monitoring periods; or (2) in the case of any water system, the system demonstrates to the State that it has conducted activities equivalent to applicable corrosion control steps required by this Act or it submits monitoring results that demonstrate for two consecutive six-month monitoring periods that the difference between the highest tap water lead concentration and the highest source water lead concentration is not detectable. Permits a small-or medium-sized water system to cease completion of treatment steps whenever such systems meet tap water lead limits during two consecutive monitoring periods and submit the results to the State. Sets forth corrosion control treatment steps and deadlines for large-, medium-, and small-sized systems. Requires small- and medium-sized systems exceeding the tap water lead limit to recommend installation of at least one of the following corrosion control treatments: (1) alkalinity and pH adjustment; (2) calcium hardness adjustment; and (3) the addition of a phosphate or silicate corrosion inhibitor to maintain an effective residual concentration in test tap samples. Authorizes a State to require such systems to perform specified corrosion control studies to identify optimal corrosion control treatment. Sets forth study requirements. Requires a State to approve the option recommended by the system or to designate alternative treatments. Directs systems to install and operate the treatments designated by the State. Requires States to evaluate the results of lead tap and water quality parameter samples submitted by water systems to determine whether a system has properly installed and operated the designated corrosion control treatment. Directs States to designate: (1) a minimum range of values for pH measured at each entry point to the distribution system; (2) a minimum pH value measured in all tap samples; (3) a minimum range of concentrations for a corrosion inhibitor (if used) measured at each entry point to the system and in all tap samples; (4) a minimum range of concentrations for alkalinity (if alkalinity is adjusted) measured at each entry point to the system and in all tap samples; and (5) a minimum range of concentrations for calcium measured in all tap samples (if calcium carbonate stabilization is used as part of corrosion control). Requires systems to maintain water quality parameter values at or above minimum values or within ranges designated by a State. Authorizes States to modify optimal corrosion control treatment or water quality parameters, subject to certain conditions. Establishes a maximum contaminant level for lead in source water. Requires public water systems that fail to meet the tap water lead limit to replace lead service lines. Directs a system to replace such lines at an annual rate that will replace 20 percent of the lead lines or ten percent of all service lines, whichever results in replacement of a greater number of lead service lines. Sets forth a replacement schedule. Provides for extensions of replacement deadlines upon the application of a system with a large number of lead service lines in the distribution system. Exempts a system from replacement requirements if the State determines that the service line does not contribute to tap water lead concentrations in excess of ten parts per billion. Requires a system to replace the entire service line unless it demonstrates to the State that it controls less than the entire service line. Sets forth requirements for replacing portions of service lines. Presumes that a system controls the entire lead service line (up to the building inlet) unless the State determines that it does not have the following forms of control over the entire line: (1) legal authority; (2) authority to set standards for construction or maintenance or to replace, repair, or maintain the line; or (3) ownership of the line. Provides for shorter replacement schedules, where feasible. Permits a system to cease replacing such lines whenever the tap water samples meet lead limits during two consecutive monitoring periods and the results are submitted to the State. Requires States to establish programs to encourage public water systems to: (1) provide a voluntary service of referring building owners in a system's service area to approved contractors to remove lead plumbing, fixtures, or solder from the buildings; and (2) offer to fund such removal and to bill their water customers in a manner that allows easy payment for such removal. Directs the Administrator to distribute a model State program. Requires water systems that exceed the tap water limit to deliver certain public education materials and public service announcements with respect to lead in drinking water. Sets forth required texts of such materials. Provides that in communities where a significant proportion of the population speaks a language other than English, such materials shall be communicated in the appropriate languages. Sets forth delivery requirements with respect to such materials. Permits a system to discontinue delivery if the system has met the tap water lead limit during the most recent six-month monitoring period. Requires systems failing to meet such limit to offer to sample the tap water of any customer who requests such sampling. Directs systems which fail to comply with a maximum contaminant level for lead or any related requirement to notify persons served by such systems of the violation. Requires water systems to complete a materials evaluation of their distribution systems to identify a pool of targeted sampling sites sufficiently large to ensure the collection of required lead tap samples. Prohibits faucets with devices designed to remove inorganic contaminants from being included as sampling sites. Requires systems to use information relating to special monitoring for corrosivity characteristics when conducting materials evaluations. Sets forth sources of information to be used when such systems' information is insufficient to locate the requisite number of lead sampling sites. Sets forth required sampling sites. Requires water systems whose distribution systems contain lead service lines to draw 50 percent of samples from sites that contain lead pipes or copper pipes with lead solder and 50 percent of those samples to be from sites served by a lead service line. Designates tap samples collected for lead (except for lead service line samples) as first draw samples. Requires: (1) first draw tap samples for lead to be one liter in volume and to have stood motionless in the plumbing system of each sampling site for at least six hours; and (2) service line samples to be one liter in volume and to have stood motionless in the lead service line for at least six hours. Sets forth collection requirements. Requires systems to collect at least one sample during each monitoring period (at six-month intervals) from the number of sites listed under this Act. Bases the number of sites required to be monitored on the size of the system. Provides for reduced monitoring for systems that meet lead limits during consecutive monitoring periods. Requires water systems that exceed the tap water lead limit to monitor water quality parameters. Provides that tap samples shall be representative of water quality throughout a distribution system, taking into account the number of persons served, the different sources of water, the different treatment methods, and seasonal variability. Requires samples collected at entry points to distribution systems to be from locations representative of sources after treatment. Directs systems to collect two tap samples for water quality parameters at six-month intervals. Bases the number of sites required to be monitored on the size of the system. Sets forth parameters to be measured and general monitoring requirements. Provides for reduced monitoring for systems that maintain the range of values for water quality parameters during consecutive monitoring periods. Requires systems to collect (at six-month intervals) lead source water samples in accordance with requirements specified in regulations of the Administrator relating to inorganic chemical sampling. Provides for reduced monitoring for systems using groundwater, surface water, or a combination of the two which demonstrate that finished drinking water entering distribution systems has been maintained below the source water maximum contaminant level during specified consecutive periods. Requires systems to: (1) report to States on tap water samples, source water monitoring, corrosion control treatment, lead service line replacements, and public education requirements; and (2) submit to States annually a letter certifying the extent of compliance with such requirements. Sets forth recordkeeping and reporting requirements for public water systems. Sets forth provisions concerning EPA review of State determinations concerning drinking water regulation for lead. Provides that issuance of a final order by the Administrator shall constitute requirements of the national primary drinking water regulation for lead and shall supersede any inconsistent State treatment requirements. Withdraws enforcement responsibility from States which fail to implement this Act's requirements for public water systems. Authorizes States to require public water systems to use bottled water or other means as a condition of: (1) granting variances or exemptions from requirements of the national primary drinking water regulations to avoid an unreasonable health risk; or (2) granting an exemption from corrosion control treatment requirements for lead or source water and lead service line replacement requirements to avoid such risk. Requires systems that use bottled water as a condition for receiving a variance or exemption to meet specified requirements, including: (1) a State-approved monitoring program for bottled water or a certification from the bottled water company that the water has been taken from an approved source (as defined by the Administrator of the Food and Drug Administration) and the company has conducted monitoring; and (2) the provision of sufficient quantities of bottled water to every person supplied by the public water system. Prohibits the EPA Administrator from promulgating any national primary drinking water regulations under the Public Health Service Act which are based on an action level in lieu of a maximum contaminant level or a treatment technique prescribed by such Act. Voids any such regulations promulgated before this Act. Requires the Administrator to promulgate drinking water regulations consistent with such Act for any contaminant, other than lead, for which regulations are voided. Directs local educational agencies to complete testing for lead contamination in drinking water from coolers and other drinking water outlets at schools under their jurisdiction. Requires the Administrator to revise a guidance document and protocol concerning lead in school drinking water to provide for follow-up sampling and to recommend remedial steps whenever the lead concentration exceeds a specified level. Directs local educational agencies, if lead concentration in such water exceeds such level, to submit to school personnel, parents of children, and the agency with primary enforcement responsibility for the public water system serving the school a lead disclosure statement and a description of actions to be taken in response to test results. Requires (currently, permits) grants made to States for programs regarding lead in school drinking water to be used to reimburse local educational agencies for expenses incurred in testing and remedial action. Extends the authorization of appropriations for such grants. Imposes civil penalties upon local educational agencies that fail to comply with requirements for testing and remedying lead in school drinking water. Requires pipe fittings and fixtures used in public water systems or in plumbing providing water for human consumption to be lead-free. Makes it unlawful to: (1) introduce into commerce any pipe, pipe fitting, or fixture that is not lead free; (2) sell solder or flux plumbing supplies which are not lead free; or (3) introduce into commerce any solder or flux which is not lead free unless such solder or flux bears a label stating that is illegal to use such materials in the installation or repair of plumbing providing water for human consumption. Revises the definition of "lead free" to provide that four years after this Act's enactment, such term refers to pipes, pipe fittings, fixtures, solder, and flux that have no lead content or that have been certified as lead free by the Administrator. Prescribes civil penalties for violations of such prohibitions. Applies provisions authorizing citizens' civil actions against the Administrator for violations of safety requirements for public water systems to States with primary enforcement responsibility. Applies recordkeeping and inspection provisions of the Safe Drinking Water Act to any person subject to requirements of this Act. Directs the Secretary to establish programs to: (1) accredit individuals to train lead inspectors to comply with lead inspection standards and deleaders to comply with lead abatement standards; (2) license lead inspectors and deleaders; and (3) certify laboratories as qualified to test substances for lead. Requires the Secretary to maintain lists (by State or metropolitan area) of licensed lead inspectors and deleaders, accredited instructors, and certified laboratories. Makes such lists available to the public. Provides for annual fees for accreditations, certifications, or licensings. Authorizes suspensions or revocations whenever the Secretary determines that the holder of an accreditation, license, or certification has violated relevant requirements. Directs the Secretary to: (1) report on methods and devices available to inspect for lead paint and lead hazards and to abate lead hazards; and (2) promulgate standards for the performance of lead inspections and lead abatement of covered premises. Sets forth requirements for lead inspection and abatement standards. Permits petitions for the modification of such standards to include or delete an inspection or abatement methods or device. Prohibits: (1) the performance of a lead inspection or lead abatement of a covered premise for compensation, except in compliance with such standards; (2) the sale or distribution in interstate commerce of any device for lead inspection or abatement, unless the device is approved under such standards. Directs the Secretary to promulgate regulations for the disclosure of indoor lead paint and lead hazards. Requires persons who sell or lease covered residential premises to provide purchasers or lessees with lead hazard inspection reports (and, in cases where a lead hazard is present, with lead disclosure statements) before such individuals are obligated to purchase or lease the premises. Directs persons who perform renovations of covered premises for compensation to provide lead disclosure statements to owners and occupants prior to commencing renovations. Requires the Secretary to publish and periodically revise a standard lead disclosure statement. Sets forth statement requirements. Requires the Secretary to undertake a public education program to inform the public about the risks of lead poisoning and the requirements for lead inspection, abatement, and disclosure. Directs the Secretary to require local educational agencies to conduct lead inspections for covered schools or day care centers and to provide all school or day care personnel and parents of children attending the school or day care center with a copy of the inspection report and disclosure statement (as well as response actions) in each case in which a lead hazard is detected. Requires the Secretary to make grants to States for assisting such agencies in testing for, and abating, lead hazards in schools and day care centers. Authorizes appropriations. Authorizes States which seek to administer the indoor lead contamination program to submit programs to the Secretary. Provides for the approval of programs that are at least as protective of human health and welfare as the Federal program and that provide for adequate enforcement. Requires the Secretary to promulgate a model State program. Prescribes civil penalties and authorizes civil actions for violations of indoor lead contamination inspection and abatement requirements. Applies Federal, State, interstate, and local lead hazard control requirements to Federal facilities in the same manner as such requirements apply to nongovernmental entities. Authorizes the Secretary to promulgate rules under which an Indian tribe may be treated as a State for purposes of such requirements. Amends the Federal Food, Drug, and Cosmetic Act to deem a food to be adulterated if: (1) it is packaged in a can or other container that contains solder or flux with lead content; or (2) it contains lead, unless the Secretary of Health and Human Services has determined that the level of lead contained in the food is safe. Directs the Secretary to promulgate regulations to establish standards, testing, and certification procedures with respect to lead in ceramic and crystal ware as are necessary to make food that contacts such ware safe. Prohibits the introduction into interstate commerce of any ceramic or crystal ware that has not been certified as safe with respect to lead by the Secretary.
United States · United States Congress · 10 July 1991
Social Security Trust Fund Integrity and Benefits Improvement Act of 1991 - Title I: Benefit Improvements - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to: (1) increase the amount of outside income which beneficiaries who have attained retirement age may earn without incurring a reduction in benefits; (2) increase survivors' benefits for those widows and widowers whose spouses died before they reached age 65; (3) repeal provisions which require that a widow or widower must have become disabled within seven years of their spouse's death or within seven years of the end of their eligibility for benefits as the surviving parent of a young child in order to be eligible for disability benefits; (4) raise the social security payroll tax exemption for State election officials and workers, and index the exempt amount beginning in 1993; and (5) increase the OASDI contribution and benefit base on a graduated basis beginning in 1992. Directs the Comptroller General to conduct a study and report to the Congress on the disability determination process and the appeals process applicable to disability determinations under the OASDI program and title XVI (Supplemental Security Income) (SSI) of the Social Security Act. Title II: Clarification of Budgetary Provisions - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to exclude the appropriations for the administration of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund from Federal budget deficit calculations and to exempt such appropriations from sequestration under such Act. Title III: Social Security Administration - Amends title VII (Administration) of the Social Security Act to establish the Social Security Administration as an independent executive agency. Transfers to the Administration all functions carried out by the Secretary of Health and Human Services pertaining to such programs.
United States · United States Congress · 10 July 1991
Vulnerable Elders' Rights Protection Amendments of 1991 - Title I: Elder Rights Services - Amends the Older Americans Act of 1965 to establish in the Administration on Aging an Office on Long-Term Care Ombudsman Programs headed by an Associate Commissioner for Ombudsman Services who shall serve as the Federal advocate on behalf of older individuals who reside in long-term care facilities. Directs the Administration to establish and operate the National Ombudsman Resource Center to assist State Long-Term Care Ombudsmen and the representatives of the Ombudsmen in carrying out State long-term care programs. Directs the Commissioner of the Administration on Aging to establish a National Center on Elder Abuse to: (1) compile an annual summary of recently conducted research on elder abuse; (2) develop and maintain an information clearinghouse on all programs for the prevention and treatment of such abuse; (3) compile training materials for personnel engaged in elder abuse prevention; (4) provide technical assistance for the planning and implementation of programs relating to the problems of elder abuse; and (5) conduct research and demonstration projects regarding the causes and national incidence of elder abuse. Authorizes the Commissioner to operate such Center directly or through a grant or contract. Extends the deadline for the annual Administration report to the Congress on complaints and conditions in long-term care facilities. Requires a Commission study of the effectiveness of State long-term care ombudsman programs. Adds a new title VII under which the Commissioner is directed to establish and carry out a program for making allotments to States to pay for the Federal share of carrying out elder rights activities under the following new parts of title VII: (1) part B (Ombudsman Programs); (2) part C (Programs for Prevention of Abuse, Neglect, and Exploitation); (3) part D (State Elder Rights and Legal Assistance Development Program); and (4) part E (Outreach, Counseling, and Assistance Program). Authorizes appropriations for FY 1992 through 1995 to carry out such parts. Requires States, in order to be eligible to receive allotments under title VII, to submit a plan to the Commissioner with assurances that the State will establish the programs listed above in accordance with specified requirements outlined in this title. Authorizes State agencies to enter into agreements with public or private nonprofit agencies or organizations to carry out activities under such programs to protect the rights of the vulnerable elderly who reside in long-term care facilities. Reauthorizes and extends ombudsman and advocacy demonstration projects under the Developmental Disabilities Assistance and Bill of Rights Act and the Protection and Advocacy for Mentally Ill Individuals Act of 1986. Directs the Commissioner to award grants to eligible State agencies to establish housing ombudsman demonstration programs to protect the rights of older individuals who are residents in publicly assisted housing programs. Authorizes appropriations. Title II: Definitions - Sets forth definitions of terms used in this Act. Title III: Board and Care Facility Quality - National Commission on Board and Care Facility Quality Act of 1991 - Directs the Secretary of Health and Human Services to arrange for the establishment of a National Commission on Board and Care Facility Quality to: (1) examine existing quality, health, and safety requirements for board and care facilities and the enforcement of such requirements for their adequacy and effectiveness; (2) examine and make recommendations with respect to the appropriate role of Federal, State, and local governments in assuring the health and safety of residents of board and care facilities; and (3) make specific recommendations to the Congress and the Secretary concerning the establishment of minimum national standards for the health and safety of residents of such facilities and the enforcement of such standards. Title IV: Miscellaneous Provisions - Sets forth the effective dates of this Act.
United States · United States Congress · 10 July 1991
Directs the U.S. Postal Service to promulgate regulations to: (1) make medical waste nonmailable with the general U.S. mail stream; and (2) require any person who ships such waste to use registered mail with a return receipt. Sets forth penalties for violation of this Act.
United States · United States Congress · 26 June 1991
Religious Freedom Restoration Act of 1991 - Prohibits any agency, department, or official of the United States or any State (the government) from burdening a person's exercise of religion even if the burden results from a rule of general applicability, except that the government may burden a person's exercise of religion only if it demonstrates that application of the burden to the person: (1) is essential to further a compelling governmental interest; and (2) is the least restrictive means of furthering that compelling governmental interest. Sets forth provisions pertaining to judicial relief, attorney's fees, and applicability.
United States · United States Congress · 26 June 1991
Title I: Amendments To The Older Americans Act of 1965 - National Older Americans Advocacy and Protection Amendments of 1991 - Amends the Older Americans Act of 1965 to establish in the Administration on Aging (Administration) an Office on Long-Term Care Ombudsman Programs headed by an Associate Commissioner For Ombudsman Services who shall serve as the Federal advocate on behalf of older individuals who reside in long-term care facilities. Requires the Administration to establish and operate the National Ombudsman Resource Center to assist State Long-Term Care Ombudsmen and to carry out State long-term care ombudsman programs. Extends the deadline for the annual Administration report to the Congress on complaints and conditions in long-term care facilities. Requires a Commission study of the effectiveness of State long-term care ombudsman programs. Provides for greater accountability in the State and local long-term care ombudsman programs. Requires long-term care ombudsmen to have immediate access to residents of long-term care facilities. Expands the authority of long-term care ombudsmen to include representing such residents' interests before governmental agencies and seeking administrative, legal, and other actions to protect the rights and well-being of such residents. Requires long-term care ombudsman programs to: (1) inform such residents about ombudsman services; and (2) ensure that such residents have regular and timely access to such services and receive timely responses to requests for such services. Defines "conflict of interest" for purposes of such Act as: (1) a direct involvement in the licensing or certification of a long-term care facility or of a provider of a long-term care service; (2) an ownership or investment interest in the operation of a long-term care facility; (3) employment by, or participation in the management of, a long-term care facility; or (4) the receipt, or right to receive, directly or indirectly, remuneration under a compensation arrangement with an owner or operator of a long-term care facility. Requires States to establish, and specify in writing, mechanisms to identify and remove conflicts of interest. Title II: Elder Abuse - Prevention, Identification, and Treatment of Elder Abuse Act of 1991 - Directs the Secretary of Health and Human Services to establish an office known as the National Center on Elder Abuse to: (1) compile an annual summary of recently conducted research on elder abuse; (2) develop and maintain an information clearinghouse on all programs for the prevention and treatment of such abuse; (3) compile training materials for personnel engaged in elder abuse prevention; (4) provide technical assistance for the planning and implementation of programs relating to the problems of elder abuse; and (5) investigate the causes and national incidence of elder abuse. Authorizes the Secretary to make grants to, or enter into contracts with, public agencies or nonprofit organizations for demonstration projects designed to prevent and treat elder abuse. Sets forth the terms and conditions for such grants. Authorizes the Secretary to make grants to States for the development and implementation of elder abuse prevention and treatment programs. Requires such States to have in effect a State elder abuse laws. Sets forth other requirements for eligibility. Prohibits the use of assistance for construction of facilities. Directs the Secretary to establish criteria to achieve equitable distribution of assistance among the States. Authorizes appropriations. Title III: Board and Care Facility Quality - National Commission on Board and Care Facility Quality Act of 1991 - Directs the Secretary of Health and Human Services to arrange for the establishment of a National Commission on Board and Care Facility Quality to: (1) examine existing quality, health, and safety requirements for board and care facilities and the enforcement of such requirements for their adequacy and effectiveness; (2) examine and make recommendations with respect to the appropriate role of Federal, State, and local governments in assuring the health and safety of residents of board and care facilities; and (3) make specific recommendations to the Congress and the Secretary concerning the establishment of minimum national standards for the health and safety of residents of such facilities and the enforcement of such standards. Title IV: Effective Dates - Sets forth the effective dates of this Act.