United States · United States Congress · 15 July 1991
Prohibits the Secretary of Veterans Affairs from making any payment for covered drugs and biologicals unless the price charged by the manufacturer is determined in accordance with an agreement between the Secretary and the manufacturer pursuant to the Social Security Act, under which the price charged cannot exceed the price charged as of September 1, 1990, increased by the sum of the covered drug updates. States that such pricing agreement shall apply to any drug or biological product procured by the Department of Veterans Affairs that is: (1) purchased under a depot contracting system; or (2) listed under the Federal Supply Schedule of the General Services Administration on or after January 1, 1990. Amends the Social Security Act to exclude the prices for prescription drugs procured by the Federal Government from the calculation of best price procurement for purposes of application of Medicaid rebate agreements. Directs the Secretary to conduct a study of, and report to the Senate and House Veterans' Affairs Commitees on, the costs and availability of drugs and biological products for programs of the Department as they relate to exemptions and limitations under this Act.
United States · United States Congress · 15 July 1991
American Jobs and Manufacturing Preservation Act of 1991 - Amends the Internal Revenue Code to include imported property income of a controlled foreign corporation or related person as foreign base company income. Defines imported property income as that from: (1) manufacturing, producing, growing, or extracting imported property; (2) the sale, exchange, or other disposition of imported property; or (3) the lease, rental, or licensing of imported property. Requires the separate application of the limitation on the foreign tax credit on imported property income. Applies the look-thru rules in the case of controlled foreign corporations to such income.
United States · United States Congress · 11 July 1991
National Wildlife Refuge System Act of 1991 - Amends the National Wildlife Refuge System Administration Act of 1966 to set forth new purposes for which the National Wildlife Refuge System shall be administered, including: (1) acquiring, restoring, maintaining, and managing of lands and water to conserve native fish, wildlife, and plants and their habitats with special attention focused on endangered species of fish, wildlife, and plants in refuges; and (2) helping to fulfill the international treaty obligations of the United States with respect to fish and wildlife and their habitats. Requires the Secretary of the Interior, acting through the Director of the U.S. Fish and Wildlife Service, to issue regulations governing the manner of finding whether an existing or proposed new use in a refuge is compatible or incompatible with the established purposes of such refuge. Directs the Secretary to prepare and revise at least once every ten years a comprehensive plan governing the administration of the National Wildlife Refuge System. Requires the Director to: (1) review, within two years of enactment of this Act, cooperative agreements and memoranda of understanding governing refuges not under the primary jurisdiction of the Service; and (2) negotiate modification of terms and conditions with the appropriate agencies, if needed, to achieve the purposes for which the refuges were established. Directs the Secretary to identify and discontinue incompatible uses of refuges that do not meet established refuge purposes. Requires annual reports to specified congressional committees, together with one special report, a year after enactment, on: (1) the usefulness of comprehensive planning for individual refuges; and (2) the role of the System in maintaining biological diversity in the United States.
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 · 11 July 1991
Expresses the sense of the Congress that: (1) the President should direct the Secretaries of Agriculture and State and the Administrator of the Agency for International Development to encourage the Government of Japan to use a portion of its increased foreign assistance funds to increase the availability of international food aid supplies through bilateral or multilateral channels to meet the needs of the world's hungry people; (2) Japanese aid resources could be channeled to finance long-term contracts to purchase and deliver commodities from the United States and developing country agricultural producers as donations to nongovernmental or international organizations for use in hunger alleviation projects; (3) during such long-term contractual agreement, such purchases of food and agricultural commodities purchased by Japan should be considered as increased importation by Japan of such products for the purposes of U.S. trade laws; (4) during the period of any such purchases by Japan from the United States, the value of U.S. purchases of the same agricultural commodities should be maintained at no less than FY 1990 levels; and (5) the commodities purchased under this program should be donated to organizations equipped to ensure that the food will be available only to projects that meet specified criteria (relating to the proper use of such food aid and the assurances of no negative impact on the agricultural producers in the areas to which the food is sent).
United States · United States Congress · 11 July 1991
Affirms the U.S. commitment to implement the recommendations contained in the Amsterdam Declaration adopted by the International Forum on Population in the Twenty-First Century, in particular the recommendations that countries and donors: (1) increase their political commitment to population programs and policies and take into account the principles of the World Population Plan of Action of 1974; (2) contribute to the development of comprehensive population goals and objectives and take into account the review of population experience conducted by the United Nations Population Fund; (3) adopt integrated population, environmental, and natural resource management policies; (4) provide the financial resources to reach the medium variant population projection by the year 2000; (5) improve the role and status of women and ensure that women participate in and benefit from population and development activities; (6) ensure that population programs provide education and counseling for young people and promote their participation in development activities; (7) guarantee all individuals the right to decide the number and spacing of their children and ensure that they have the information and means to do so; (8) take into account the results of the Forum in the formulation of international development strategies for specified United Nations conferences; (9) support research for family planning and expedite distribution of existing methods; (10) respond positively to requests for population assistance and increase the proportion of development assistance going to population activities; (11) observe the priorities of, and harmonize, donor financial inputs and program procedures; and (12) coordinate population assistance with other donors. Urges all entities referred to in the Declaration to implement applicable recommendations. Sets forth the text of the Declaration.
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
Amends part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services to determine whether an individual entitled to benefits under part A (Hospital Insurance) meets the requirements for status as a qualified Medicare beneficiary under the Medicaid program (title XIX of the Social Security Act).
United States · United States Congress · 9 July 1991
Expresses the sense of the Congress that the United States should: (1) promote the maximum conservation and protection of whale, dolphin, and porpoise populations; (2) work to strengthen and maintain the current International Whaling Commission moratorium on the commercial killing of whales; (3) work to strengthen the Commission by reaffirming its competence to regulate whaling on all species of cetaceans and take actions to assure global protection for small cetaceans; and (4) in promoting protection, make use of diplomatic channels, domestic and international law, and all other means.
United States · United States Congress · 9 July 1991
Condemns the Government of Mauritania's persecution of non-Hassaniya-speaking black Mauritanians and the continued practice of slavery in Mauritania. Calls upon such Government to: (1) abide by its international obligations and the Mauritanian constitution to protect the rights of all Mauritanians; (2) permit an impartial investigation by independent Mauritanian organizations into the death in detention of hundreds of black Mauritanians and to bring those responsible to justice; (3) permit international human rights and humanitarian organizations to conduct fact-finding missions to Mauritania; and (4) take immediate steps to enforce Mauritanian law and end the practice of slavery. Welcomes: (1) recent actions by such Government, including the amnesty and release in April 1991 of hundreds of political prisoners; (2) President Taya's announcement on April 15, 1991, promising legislative elections and allowing political parties to be formed; and (3) the diminution of tensions between Senegal and Mauritania. Commends the U.S. Department of State for its thorough reporting on human rights abuses in Mauritania in the Country Reports on Human Rights Practices for 1990. Calls upon the President to convey U.S. concern about human rights violations in Mauritania by: (1) publicly condemning human rights abuses, such as killings and imprisonment of Mauritanians and the continued practice of slavery; (2) encouraging the appointment of a special rapporteur on Mauritania at the United Nations Human Rights Commission; (3) opposing loans to Mauritania in the World Bank and the African Development Fund; and (4) encouraging the Governments of France, Spain, and Germany to oppose such loans and to limit assistance to Mauritania to humanitarian assistance provided through private voluntary organizations.
United States · United States Congress · 27 June 1991
Water Desalination Act of 1991 - Declares it to be U.S. policy to provide for: (1) the development of a means of producing, from saline or biologically impaired waters, water of a quality suitable for agricultural, industrial, municipal and other uses; and (2) related research on a scale sufficient to determine the feasibility of large scale development. Defines "saline water" to mean sea water, brackish water, and other mineralized or chemically impaired water. Directs the Secretary to establish a desalination program comprised of the phases outlined below. Directs the Secretary to conduct studies to determine the most efficient means by which usable water can be produced from saline water as Phase I. Directs the Secretary to endeavor to obtain results in Phase I sufficient to support recommendations to the Congress. Directs the Secretary to conduct a demonstration program to demonstrate the feasibility of desalting processes as Phase II. Requires the information from the studies under this Act, with exceptions for national defense and patent rights, to be available to the public. Authorizes the Secretary to: (1) accept technical and administrative assistance from public or private agencies in connection with work relating to the desalting of water; and (2) enter into contracts or agreements to provide for cost sharing. Authorizes the Secretary to take other actions in carrying out this Act, including making grants and contracts. Authorizes appropriations.
United States · United States Congress · 27 June 1991
Rural Schools of America (RSA) Act of 1991 - Title I: Rural School Improvement - Authorizes appropriations for this title. Directs the Secretary of Education (the Secretary) to reserve five percent of specified funds for competitive grant awards to exemplary school programs. Directs the Secretary to allot, from remaining amounts, to each eligible local educational agency (LEA) with an approved application an amount based on that LEA's relative allocation under certain provisions of the Elementary and Secondary Education Act of 1965 for education of disadvantaged children (ESEA title I chapter 1). Provides for annual payments to eligible LEAs with approved applications if they comply with certain data collection requirements to monitor progress toward meeting national education goals, and demonstrate such progress. Requires each such LEA to reserve up to five percent of its allotment to make as many grants as practicable, for authorized activities, to community-based organizations or nonprofit partnerships between the LEA and an area-wide collaborative of private sector businesses. Sets limits on the time and the amount of funds to be used for planning purposes. Requires LEAs to use funds under this title to meet national education goals through programs designed to: (1) increase the academic achievement of rural school children to at least the national average; (2) prepare all rural children for school; (3) increase the graduation rates of rural students to at least the national average; (4) prepare rural school graduates to enter higher education, pursue careers, and exercise their responsibilities as citizens; (5) recruit and retain qualified teachers; and (6) decrease the use of drugs and alcohol by rural students, and enhance their physical and emotional health. Sets forth program accountability requirements: (1) in general, for initial grants, renewal grants, and renewal of school participation; (2) for achievement, including demonstration of improvement; and (3) for data collection certification and to monitor progress in achieving national education goals. Authorizes the Secretary to make, from reserved funds, competitive incentive awards to individual schools participating in projects assisted under this title that demonstrate exemplary progress in meeting specified program requirements. Directs the Secretary, by January 1, 1993, to report on the impact of Federal regulations, guidelines, and policies on rural public schools. Requires LEAs desiring to receive an allotment under this Act to establish a local advisory group to: (1) advise on design and conduct of a needs assessment for participating schools; (2) assist in planning for community-wide collaboration in service delivery for youths in participating schools; (3) advise the LEA and the community on how they can work together to use multiple service providers; and (4) advise and assist program implementation and review program evaluation; (5) review and approve community-based organizations' applications; (6) advise on strategies for increasing parental involvement and the number of school volunteers and role models; and (7) review community-based programs' progress or national education goals. Allows use of a comparable existing local advisory group to comply with such requirement. Sets forth special rules relating to ranking of schools to determine relative need, in general, on the basis of achievement, poverty, and racial isolation. Requires each LEA receiving a grant to serve between ten and 20 percent of its schools. Requires eligible LEAs to have flexibility to serve homeless children, desegregating students, immigrants, migrants, or other highly mobile populations, within the program assisted under this title. Deems any approved program for any school served under certain ESEA title I chapter 1 provisions to be sufficient to meet the application and program accountability requirements of this title. Title II: School Building Repair and Renovation - Authorizes appropriations to assist eligible LEAs in repairing and renovating instructional facilities in rural schools. Directs the Secretary to make allotments to State educational agencies based on relative allocations to LEAs under ESEA title I chapter 1. Directs each SEA after after being allowed to reserve one percent of such funds for administrative expenses, to allot the remainder to eligible LEAs, which shall use half of such allotment for programs for school building repair and renovation, and half for programs for school environmental concerns and safety improvements. (Authorizes the SEA to waive such 50 percent division in certain cases.) Directs the SEA to allocate such funds on the basis of the number of: (1) children from families below the poverty line; (2) school buildings used for instructional purposes; and (3) school buildings more than 25 years old used for instructional purposes. Limits the period covered by a grant application to three years, and requires annual review. Lists types of programs eligible LEAs must conduct with their allotments for: (1) repair and renovation of school buildings; and (2) improvements related to environmental concerns and safety. Title III: Evaluation of Results - Subtitle A: Assistant Secretary - Amends the Department of Education Organization Act to establish an Assistant Secretary for Rural Education in the Department of Education. Subtitle B: Rural School Research and Evaluation - Authorizes appropriations to carry out this subtitle. Directs the Secretary to establish for each region a National Rural Regional Education Research Center (Center), to be operated by the appropriate regional educational laboratory. Requires each Center to: (1) conduct independent research in rural education and distance learning technologies; (2) evaluate progress toward the national education goals of rural schools receivng funds under title I of this Act; (3) be rural education clearinghouses for research findings, policies, and practices; (4) develop measurements of rural schools' progress; (5) disseminate evaluation and research results to other centers and rural school districts and parents; (6) arrange collaboration and consortia among rural schools in the region for joint research and evaluation; (7) replicate successful models and program approaches; (8) provide technical assistance and outreach services for schools; (9) provide staff training; and (10) develop curricula to assist rural schools in moving toward meeting the national education goals. Requires each Center to reserve 25 percent of funds received under this subtitle for direct grants to rural eligible LEAs within its region, which are participating in a program assisted under title I of this Act, to conduct local school district research and evaluation of efforts toward meeting the national education goals. Title IV: General Provisions - Establishes the Interagency Council on Rural Schools to: (1) review Federal programs to determine effects on and rural schools' ability to meet national education goals; (2) track school progress toward and such goals; (3) solicit advice and information for rural education experts and rural school representatives on improvement of Federal programs; (4) review Federal regulations for duplication or contradiction; (5) report annually to the Congress and the President on rural school progress; (6) review and recommend improvement for streamlining of Federal data collection in rural schools; and (7) conduct research to help rural school practitioners improve school performance. Directs the President to conduct a White House Conference on Rural Education before October 30, 1994. Requires the Conference to: (1) develop recommendations and strategies for improving rural education; (2) marshal the forces of the private sector, governmental agencies at all levels, parents, teachers, communities, and education officials to assist rural schools in meeting national goals; and (3) conduct initial planning for a permanent national advisory commission on rural education. Requires reports to the President. Authorizes appropriations for such Conference. Establishes the Carl D. Perkins National Commission on Rural Education (the Commission). Directs the Commission to: (1) study specified issues relating to rural schools; and (2) report, and recommend changes in Federal legislation, to the President and appropriate congressional committees. Terminates the Commission three years after its first meeting. Authorizes appropriations for the Commission. Requires eligible LEAs to use Federal funds received under this Act only to supplement but not supplant non-Federal funds.
United States · United States Congress · 27 June 1991
Directs the Administrator of the General Services Administration to provide for the installation of bicycle racks or lockers at each Federal office building.
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
Amends the Employee Retirement Income Security Act of 1974 (ERISA) to provide that title I (Protection of Employee Benefit Rights) does not preempt any State law which provides for: (1) the payment of prevailing wages; or (2) standards or other requirements relating to apprenticeship or other training programs.
United States · United States Congress · 26 June 1991
Community Economic Adjustment Funding Act of 1991 - Requires payments to counties by defense contractors that change the place of performance of defense contracts away from such counties. Requires a defense contractor to make such a payment equal to ten percent of the value of all Department of Defense (DOD) contracts held by it and performed at a plant or facility on the day before the contractor makes any change in the place of contract performance that results in the closing of, or severe curtailment of operations at, such plant or facility. Exempts the contractor from such a payment if the Secretary of Labor determines that the change is the direct result of the cancellation or termination of such contractor or the failure of the DOD to proceed with a previously approved major defense acquisition program. Directs the Secretary of Labor to make community economic adjustment grants to counties adversely affected by terminations or layoffs of employees at military bases or facities of defense contractors as a result of reductions in DOD spending, base closures or realignments, cancellation or termination of a DOD contract, or the failure to proceed with a previously approved major defense acquisition program. Sets forth requirements for such grant amounts, uses, and applications, and deadlines for consideration of such applications. Authorizes appropriations for such grants for a fiscal year in amounts equal to: (1) 20 percent of the value in the immediately preceding fiscal year of the payroll of employees terminated or laid off in the United States as a result of the described actions; and (2) ten percent of such value in the second preceding fiscal year.
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.
United States · United States Congress · 26 June 1991
National Aquaculture Development Act of 1991 - Designates the Department of Agriculture as the lead Federal agency for the coordination and implementation of national policy for private aquaculture. Establishes in the Department of Agriculture the Office of Aquaculture Policy Coordination and Development. Requires the Department to treat private aquaculture as a form of agriculture and aquaculture products as agricultural commodities. Amends the National Aquaculture Act of 1980 to add specified tasks to the aquaculture duties of the Secretary of Agriculture, the Secretary of Commerce, and the Secretary of the Interior (the Secretaries). Sets forth requirements regarding the location and functioning of the National Aquaculture Information Center. Requires the interagency aquaculture coordinating group to establish a working relationship with the industry advisory councils of regional aquaculture centers and with national organizations and commodity associations. Mandates reports to the Congress regarding: (1) the application of the Lacey Act Amendments of 1981 to aquaculture; and (2) actions taken to revise the National Aquaculture Development Plan. Removes provisions requiring the concurrence of the Secretaries in order to specify which of the Secretaries has responsibility for implementing each action in the Plan. Shifts certain requirements and powers from the Secretaries to the Secretary of Agriculture.
United States · United States Congress · 26 June 1991
Constitutional Amendment - Requires the Congress and the President, prior to each fiscal year, to agree on an estimate of total receipts (except those derived from borrowing) for that fiscal year by enactment of a law devoted solely to that subject. Prohibits outlays for that year (except those for repayment of debt principal) from exceeding this amount unless the Congress, by a three-fifths roll call vote of each House, authorizes a specific excess of outlays over receipts. Requires a three-fifths roll call vote of each House to increase the public debt. Directs the President to submit a balanced budget to the Congress. Requires the approval of a majority of the total membership of each House by roll call vote before any bill to increase revenue may become law. Waives these provisions when a declaration of war is in effect. Makes this article effective beginning with FY 1995 or with the second fiscal year after its ratification, whichever is later.
United States · United States Congress · 25 June 1991
National Recycling Markets Act of 1991 - Title I: Department of Commerce Requirements - Directs the Secretary of Commerce to establish a Bureau of Recyclable Commodities within the Department of Commerce to promote the use of recovered materials diverted from solid waste. Requires the Secretary to identify and, to the extent practicable, standardize types and grades of specified recovered materials covered by this title and compostable materials that qualify as recovered materials. Excludes materials that are not recycled easily from consideration as recovered materials. Directs the Secretary to promulgate regulations to encourage the elimination of the production of such materials and the production of alternatives that can be recycled easily. Requires producers of materials or products likely to be treated as recovered materials to ensure that such materials conform to the specifications of an identified grade. Permits industries or local governments engaged in recycling activities to petition the Secretary for the revision of grades to prevent or minimize interference with current recycling techniques. Directs the Secretary to make reports available to the public, at least on a quarterly basis, on prevailing market prices for recovered materials. Requires the Secretary to make reports available to the public, at least annually, on: (1) the prevailing national recycling rate for each recovered material; and (2) the technical and economic factors that may influence future foreign and domestic markets for recovered materials. Directs the Secretary to report to the Congress on the potential for expanded recycling of recoverable paper and paperboard, lead scrap, rubber scrap, plastic scrap, aluminum scrap, ferrous and nonferrous scrap, waste glass, and yard and food waste. Authorizes the Secretary to provide technical and financial assistance to a person for the purpose of constructing or operating facilities and equipment for the collection, separation, or processing of recyclable materials. Sets forth minimum content standards and deadlines for the use of post-consumer materials in aluminum, glass, steel, plastics, and paper or products, packaging, or containers containing such materials. Prohibits the transport in interstate commerce of covered items not meeting such standards. Applies such standards to entities that produce covered items. Sets forth reporting requirements for such entities and major users of such materials. Requires the Secretary to publish an annual list indicating, by commodity, the average annual amount of post-consumer and post-mill recovered materials used in the commodity and the average annual percentage of such materials for manufacturers of paper, glass and plastic bottles and containers, and metal containers. Directs publishers of daily newspapers with annual circulations of 25,000 or more to publish the average annual percentage of post-consumer recovered material used in the production of such newspapers during the previous calendar year. Prohibits States or political subdivisions from establishing or continuing minimum content standards that are more stringent than those set forth in this title. Prohibits products, packages, containers, or materials that do not meet: (1) minimum content standards from being labeled as recycled or as having recycled content; and (2) the recycling rate goal set forth in title II (within the distribution area of the item) from being labeled as recyclable or compostable. Sets forth labeling requirements with respect to recycled and recyclable items that meet content standards and recycling rate goals. Requires manufacturers of items which use plastic in the item or packaging to indicate on the item or packaging the type of plastic used. Requires the Secretary to develop a program to promote the sale in foreign commerce of recovered materials for recycling by foreign industries. Directs the Secretary to make available to the public information on foreign markets. Requires the Secretary to develop a program to promote the sale in foreign commerce of recycled goods produced in the United States. Directs the Secretary to integrate this program with existing programs promoting the sale of such goods. Requires the Secretary to make grants to accredited institutions of higher education to establish at least four to six recycling research centers in the United States. Directs the Secretary to establish such centers equitably among the regions of the United States. Requires each center to carry out at least one project relating to research on the composting of yard waste, food waste, or recoverable paper and paperboard. Limits the Federal share of grants to 80 percent of the total cost of establishing and operating the research center. Requires the Secretary to provide technical assistance to State and local governments for public education programs concerning recycling and waste reduction. Directs the Secretary to issue a recycling advisory to potentially affected parties if a characteristic of a recyclable material is interfering with: (1) current recycling techniques; (2) marketing of recycled goods manufactured from the material; or (3) handling of the recyclable material prior to recycling. Makes such advisories available to the public. Makes information compiled under this title available to the public. Establishes a toll-free telephone hotline for members of the public seeking information from the Department of Commerce. Title II: Environmental Protection Agency Requirements - Sets forth goals for rates at which products or packaging made of glass, aluminum, ferrous metals and bimetal packaging, plastics, recyclable paper, and nonrecyclable compostables should be recycled in distribution aras. Requires the Administrator of the Environmental Protection Agency (EPA) to set up a system to monitor compliance with recycling rate goals. Directs the Administrator to: (1) collect and analyze statistics to determine the prevailing national recycling rates for recovered materials; and (2) revise the standard industrial classification system as necessary to facilitate the collection of information on recycling and related activities. Amends the Solid Waste Disposal Act to revise provisions concerning Federal procurement of recycled goods. Applies procurement requirements to: (1) Federal agencies that have procured over $10,000 of items; and (2) other entities that have used funds appropriated to a Federal agency to which such procurement policies apply. Prohibits Federal agencies, for purposes of determining whether to procure items composed of recovered materials, from determining that a price is unreasonable unless it exceeds by more than ten percent the price of items not meeting the recovered materials content standards. Sets forth: (1) specification requirements for procuring agencies; and (2) deadlines for the issuance of guidelines by the Administrator for the procurement of specified items. Directs the Administrator to review and increase the minimum content standards for procured items every four years. Revises provisions concerning the affirmative procurement program. Requires manufacturers of items to provide vendors with certifications of the minimum recovered materials content used or to be used in such items. Sets forth reporting requirements for agencies involved in the affirmative procurement program. Requires the Administrator to establish a program for the source separation and collection of materials contained in solid waste from Federal agencies. Directs the Administrator to issue guidelines for such program. Requires Federal office facilities with more than 25 workers to carry out such programs. Provides for the retention by a Federal agency of any funds received from the sale of collected materials and any savings in solid waste disposal costs resulting from the implementation of such programs. Authorizes the Secretary to conduct an independent technical assessment of any specification, grade, test method, or standard for a product, raw material, or feedstock that may: (1) disfavor the use of a recovered material as a substitute for comparable virgin feedstocks or raw materials in the manufacture of the product; and (2) have a substantial adverse impact on existing or potential markets for the recovered material. Prohibits the Secretary from reviewing specifications, grades, test methods, or standards established by individual firms or persons. Requires the Secretary to: (1) publish and make available to the public the findings of the technical assessment; and (2) provide to interested parties information and technical assistance to remove barriers to recycled goods through the standard-setting process. Permits the Secretary to conduct an assessment only upon petition by industries or local governments engaged in recycling activities. Sets forth recycling advisory and information availability requirements for EPA comparable to those set forth in title I for the Department of Commerce.
United States · United States Congress · 25 June 1991
Toxic Pollution Responsibility Act of 1991 - Amends the Comprehensive Environmental Response, Compensation, and Liability Act to absolve municipalities or persons that generate or transport municipal solid waste from liability under such Act.
United States · United States Congress · 25 June 1991
Nuclear Proliferation Prevention Act of 1991 - Amends the Atomic Energy Act of 1954 to restrict the export of nuclear weapon items to a non-nuclear weapon state, unless: (1) such state maintains International Atomic Energy Agency (IAEA) safeguards on all its peaceful nuclear activities; and (2) the the export, retransfer, or activity is under the terms of an agreement for cooperation. Prohibits the Nuclear Regulatory Commission from issuing any license for the export of highly enriched uranium. Directs the President to undertake negotiations with foreign nations which participate in the Nuclear Suppliers Group to establish specified multilateral nuclear non-proliferation controls. Sets forth sanctions for violations of this Act. Amends the Nuclear Non-Proliferation Act of 1978 to require the United States to enter into negotiations with other nations and groups of nations to improve the effectiveness of the safeguards of the IAEA.
United States · United States Congress · 24 June 1991
United States Savings Bond Availability Act of 1991 - Requires the Secretary of the Treasury to make an adequate supply of United States Savings Bonds available to an issuing agent for immediate, over-the-counter delivery to the public at the point of purchase.
United States · United States Congress · 20 June 1991
Water Pollution Penalty Fund Act of 1991 - Amends the Federal Water Pollution Control Act to establish a Water Pollution Penalty Fund to be used to carry out projects to restore and recover U.S. waters from damages resulting from violations of such Act. Requires the Administrator of the Environmental Protection Agency, in selecting such projects, to give priority to projects if an enforcement action for such project resulted in amounts being deposited in the general fund of the Treasury.
United States · United States Congress · 19 June 1991
Airport and Airway Trust Fund Integrity Act of 1991 - Declares that the receipts and disbursements of the Airport and Airway Trust Fund allocable to transportation-related operations shall not be counted as new budget authority, outlays, receipts, or deficit or surplus for purposes of: (1) the budget of the United States as presented by the President; (2) the congressional budget; or (3) the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Exempts the fund from sequestration orders. Amends the Congressional Budget and Impoundment Control Act of 1974 to prohibit the Senate or the House of Representatives from considering any concurrent resolution on the budget or reconciliation bill that would treat the Airport and Airway Trust Fund as part of the Federal budget. Amends the Internal Revenue Code to repeal the increase in taxes on the rates of transportation of persons and property by air and the Airport and Airway Trust Fund financing rate (for the aviation fuel tax). Provides for a credit or refund of excess taxes paid for floor stocks of aviation fuel held prior to the effective date of this Act.
United States · United States Congress · 19 June 1991
Amends the Internal Revenue Code to deny an income tax deduction for expenses in connection with: (1) the cutting of old-growth redwood timber; or (2) the transportation of such timber in its unprocessed state. Imposes an excise tax on the cutting of any old-growth redwood timber, to be paid by the holder of the economic interest in the timber.
United States · United States Congress · 19 June 1991
Expresses the sense of the Congress that: (1) President Bush, Administration officials, and the President's emissary should be commended for their diplomatic initiatives to secure the release of Ethiopian Jews; (2) the Government of Israel should be commended for carrying out Operation Solomon, for its efforts to reunite Jews with their families, and for welcoming this community with open arms; (3) individuals and private voluntary organizations should be applauded for their support of the Jewish community in Ethiopia; and (4) the United States should make every effort to bring an end to the civil war in Ethiopia, increase support for famine relief, and ensure the release to Israel of Jews remaining in Ethiopia.
United States · United States Congress · 18 June 1991
Resolution Trust Corporation Reform and Accountability Act of 1991 - Abolishes the Oversight Board of the Resolution Trust Corporation. Replaces the Federal Deposit Insurance Corporation as exclusive manager of the Resolution Trust Corporation with a new Board of Oversight (Board) (established by this Act). Amends the Federal Home Loan Bank Act to delineate the duties of the Board. Requires the Board to maintain a strategic plan for Corporation operations. Outlines plan contents.
United States · United States Congress · 13 June 1991
Comprehensive Service Programs for Homeless Veterans Act of 1991 - Directs the Secretary of Veterans Affairs to provide, either directly or by contract, for the establishment of not less than 25 outreach service centers for homeless veterans in areas where there is a significant number of such veterans. Prohibits the Secretary from contracting for the provision of such centers unless: (1) the contractor agrees to pay at least 25 percent of the amounts necessary to provide materials and services under the contract; and (2) the Secretary has determined that the contractor has the capacity to carry out such an agreement. Requires at least seven full-time employees to be assigned to each center, in addition to individuals currently employed by the Department of Veterans Affairs. Requires assigned employees to include medical and psychiatric care professionals and case managers. Outlines services to be provided at such centers, including case management, health care, mental health and employment counseling, social services, hygiene facilities, benefits assistance, legal assistance, transportation assistance, meals, and other appropriate services. Requires at least 35 percent of the centers to be established through contracts with private nonprofit providers. Authorizes appropriations for FY 1992 through 1994. Directs the Secretary to provide, either directly or by contract, not less than 20 mobile support teams to provide services through medically equipped vans in areas with a high percentage of homeless veterans and in rural areas without adequate access to medical services of the Department. Requires such services to include clinical care, case management, monitoring, meals, benefits assistance, and transportation services. Requires at least 35 percent of such mobile support teams to be provided through contracts with private nonprofit providers. Authorizes appropriations for FY 1992 through 1994. Directs the Secretary to provide for not less than 50 transitional group homes whose only residents shall be homeless veterans. Requires such homes to be established primarily in residential areas. Requires the following with respect to such transitional housing: (1) that the manager of the housing is a veteran who resides there; (2) that such residents have access to job training, substance abuse rehabilitation, health care, mental health services, case management, benefits assistance, and transportation; (3) that such residents are either employed part-time or involved in job training; (4) that appropriate veterans participate in a substance abuse counseling or rehabilitation program; (5) that alcohol or drug use in such housing will be prohibited and violators expelled; (6) that veterans residing in the housing pay rent to the extent of their ability to pay; and (7) that such housing is in compliance with State and local housing codes and regulations. Requires at least 35 percent of the group housing to be provided through contracts with private nonprofit providers. Authorizes appropriations. Directs the Secretary to conduct evaluations and report to the Congress on the outreach service centers program, the mobile support teams program, and the transitional group homes program. Authorizes the Secretary to accept services and equipment donated for such programs. Authorizes the Secretary to contract with nonprofit organizations for services performed or utilized under the outreach service centers program or the transitional group housing program.
United States · United States Congress · 12 June 1991
Technology Preservation Act of 1991 - Amends the Defense Production Act of 1950 to authorize the President to conduct a review to determine whether an investigation should be conducted to determine the effects on national security of certain mergers, acquisitions, and takeovers (takeovers) by foreign persons which could result in foreign control of persons or activities engaged in interstate commerce in the United States. (Currently, there is no review process prior to such investigation.) Designates as an interagency committee to act as the President's designee the Committee on Foreign Investment in the United States, chaired by the Secretary of Commerce. Authorizes the President or the Committee, as part of its review and investigation, to seek assurances from the foreign person involved that the plans and intentions for the future operation of the U.S. person will not impair national security. Directs the Chairman of the Committee to inform the congressional representatives of the U.S. person subject to a review and investigation under these provisions. Requires the Committee to conduct an ongoing review of all Federal programs, including research and development programs and Federal contracts currently being offered, and, if requested, provide information and assistance to U.S. firms concerning such programs and contracts for which such firms may be eligible. Directs the Secretaries of Commerce and Defense to collect and analyze such takeover proposals, identify the plans of the acquiring foreign persons with respect to the transfer of technology, and make recommendations to the Committee concerning the need to conduct an investigation. Requires the Secretaries to: (1) submit to each member of the Committee a report concerning the impact of the takeover being reviewed, as well as information and views submitted by Federal agencies concerning such matter; and (2) if the Committee does investigate, report to each member concerning investigation results and recommendations to be made to the President. Requires an investigation to be initiated if any member of the Committee so recommends. Requires the Secretaries, in connection with any takeover, to identify any critical technology involved, and, if there is a critical technology involved, to conduct an investigation and solicit appropriate assurances from the foreign person involved that national security is not impaired. Requires the Secretaries to conduct annual reviews to determine whether such assurances are being implemented and complied with and report the results to the Congress. Requires the President to inform the Speaker of the House and the Majority Leader of the Senate whenever an investigation of a takeover is conducted and no action is taken to require the foreign firm involved to provide assurances that national security is not impaired by such action. Authorizes the President, when an investigation has revealed that a takeover would impair national security, to take appropriate action to nullify the takeover and to restore the parties to the positions held before the takeover occurred. Authorizes the President to suspend or prohibit any takeover by a foreign person in the United States if the President believes that national security might be impaired by the impact such takeover could have on the industrial and technology base of the United States. Adds to the factors required (currently, authorized) to be considered by the President or his designee in determining the impact on national security of a proposed takeover: (1) the concentration of foreign direct investment in the industry in question and the impact of additional investment in such industry; (2) the U.S. and world market position of the U.S. person engaged in interstate commerce and the foreign person involved in the transaction; (3) the effects on critical technologies included under the most recent plan submitted to the Congress; and (4) whether the U.S. person engaged in interstate commerce in the United States has received Government grants or contracts during the last ten years, and the dollar amount of such funding. Exempts the provisions concerning presidential reviews of takeovers for national security purposes from termination under a specified provision of the Defense Production Act of 1950. Requires the President to report to the Congress the results of a study to identify trends in foreign direct investment in the United States.
United States · United States Congress · 12 June 1991
Women's Business Development Act of 1991 - Amends the Small Business Act to authorize the Small Business Administration (SBA) to provide financial assistance to private organizations to conduct three-year demonstration projects for small business concerns owned and controlled by women. Conditions such assistance on the recipient organization's agreement to obtain cash contributions from private sector sources according to certain guidelines. Authorizes appropriations to implement the demonstration project. Requires the SBA to report annually to certain congressional committees on the efficacy of such demonstration projects. Repeals the fiscal year limitation on specified loans to small business concerns (thus permanently authorizing the small loan program). Amends the Women's Business Ownership Act of 1988 to provide that the Chairperson and Vice Chairperson of the National Women's Business Council shall be a representative of either the public or private sector, and shall serve a maximum two-year term. Prohibits: (1) consecutive terms to the same office; (2) consecutive Chairperson designees from the public sector; and (3) the Chairperson and Vice Chairperson from being from the same sector concurrently.
United States · United States Congress · 12 June 1991
Amends the Internal Revenue Code to deny the Puerto Rico and possession tax credit to runaway plants (new or newly expanded operations at Puerto Rican or other possession facilities) unless the Secretary of the Treasury determines that such plants will not have a substantial adverse effect on employment at U.S. facilities. Provides a period for public comment prior to the Secretary's determination.
United States · United States Congress · 6 June 1991
Octane Display and Disclosure Act of 1991 - Amends the Petroleum Marketing Practices Act to require certification and posting for all liquid automotive fuels (currently, automotive gasolines). Authorizes States or local governments to provide for any investigative or enforcement action, remedy, or penalty permitted under such Act. Revises Federal Trade Commission enforcement provisions regarding acts or practices constituting violations of the Federal Trade Commission Act. Changes the Environmental Protection Agency's authority to conduct field testing of the octane rating of automotive fuels from mandatory to discretionary. Directs the Administrator of the Environmental Protection Agency to carry out a study to determine whether, and if so, how, the anti-knock characteristics of nonliquid fuels usable as motor vehicle fuels can be determined. Directs the Secretary of Energy to study the feasibility and desirability of using dye to: (1) differentiate automotive fuels with different fuel ratings so that the rating can be determined by its color; and (2) identify transportation fuels required by law for clean air or other environmental benefits. Directs the Federal Trade Commission to study the need for, and the desirability of, having a uniform national label on devices used to dispense automotive fuel to consumers that would consolidate information required to be posted on such devices. Requires reports to the Congress on the studies carried out under this Act within one year.
United States · United States Congress · 6 June 1991
Family Preservation Act of 1991 - Title I: Child Welfare Services - Amends part B (Child Welfare Services) of title IV of the Social Security Act to convert the Child Welfare program from an authorization to a capped entitlement program. Requires maintenance of State effort under such program. Sets forth a new formula for allotments to States under such program. Repeals provisions for incentive payments to States which maintain a foster care inventory, information system, and case review system, but requires States to provide such protections and other services designed to keep families together or reunify them, or to place children for adoption, with a legal guardian, or in some other planned, permanent living arrangement. Requires States to submit the following types of reports on child welfare services and expenditures: (1) pre-expenditure reports; (2) post-expenditure reports; and (3) comparative financial contributions reports. Reserves funds for entitlement grants to States to plan for and provide child welfare services designed to strengthen and preserve families. Requires use of part of such funds to develop or expand specialized child welfare services programs, for families in crisis due to substance abuse, that: (1) emphasize comprehensive services geared to the whole family; and (2) support or expand availability of programs for pregnant women and programs that allow mothers (and other caretaker relatives) to reside with their children while receiving services or treatment. Requires uses of the remaining part of such funds to develop or expand: (1) service programs to help children, where appropriate, return to families from which they have been removed, or be placed for adoption, with a legal guardian, or in some other planned, permanent living arrangement; (2) preplacement preventive services programs to help children at risk of foster care placement remain with their families; or (3) service programs for follow-up care for families to whom a child has been returned after a foster care placement. Reserves funds for grants to State court systems to assess and improve procedures in child welfare cases, in carrying out the Child Welfare Services program and part E (Foster Care and Adoption Assistance) of title IV of the Social Security Act. Sets forth application requirements and formulas for determining the amount of such grants for FY 1993 through 1997. Directs the Secretary of Health and Human Services (Secretary) to submit interim and final reports to the Congress on the information obtained from assessments conducted with such grants and the impact of such grant program on State court procedures and functions. Requires each State to compile annually a detailed directory of programs designed to keep families together or reunify them or place children permanently, identifying which of such programs provides specialized child welfare services to families in crisis due to substance abuse. Title II: Foster Care and Adoption Assistance - 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 to add a new part C, Comprehensive Service Projects to grant States flexibility and resources to develop comprehensive and coordinated services designed to: (1) preserve and strengthen families with children at risk of placement outside their homes; (2) reunite children with their families expeditiously if an out-of-home placement is found to be necessary; and (3) place children in adoptive homes or other permanent arrangements in a timely fashion if reunification with their families is not appropriate. Permits any State to apply to the Secretary for permission to: (1) conduct a comprehensive service project in a selected area or areas; and (2) suspend certain child welfare services and foster care and adoption assistance requirements with respect to State activities in such area or areas during the project. Sets forth application requirements and administrative provisions for such projects. Prohibits the Secretary of HHS from requiring as a condition of approval of a project application: (1) the State to select any area or areas in which to conduct the project; or (2) the project to comply with any requirements not specified in the project authorization. Sets forth those requirements with which such a project must comply. Provides for determining the expenses for which a State might properly seek reimbursement, for purposes of calculating such grant amount. Authorizes the Secretary to increase such grant amount, to the extent appropriate, by taking specified factors into account. Sets forth requirements for notification to States of grant amounts, and for grant payments in equal quarterly installments. Prohibits a State from carrying out such a project in a manner that impairs the entitlement of any child to the foster care benefits he or she would have received if the Secretary had approved the State plan for the fiscal year and had not authorized the State to conduct such a project. Deems a State to have in effect an approved foster care and adoption assistance plan during the period in which it conducts such a project for purposes of a State plan requirements under part A (Aid to Families with Dependent Children) of title IV of the Social Security Act. Requires States to report annually on funds expended under such projects to the Secretary and the Advisory Commission on Children and Families. Provides for project termination. Requires a State to discontinue the project at the end of a fiscal year: (1) if it has notified the Secretary that it intends to do so; or (2) if the Secretary has determined that the State is not conducting the project in accordance with requirements and is not making satisfactory progress toward achieving the State plans. Applies Federal child welfare and foster care and adoption assistance requirements with respect to the population of and the State activities in the project area or areas upon such project discontinuance. Prohibits a State from conducting another such project for five years after project discontinuance. Amends part E (Foster Care and Adoption Assistance) of title IV of the Social Security Act to eliminate means tests and reduce certain reimbursement rates. Expands eligibility for foster care maintenance payments in certain cases. Covers respite care for foster parents with children who have special needs. Expands the definition of children with special needs, for purposes of the adoption assistance program, to include: (1) those children for whom information is known and available about their genetic or social history indicating a high risk of medical conditions or physical, mental or emotional handicaps (which makes, it reasonable to conclude they cannot be placed for adoption without providing part E adoption assistance or Medicaid medical assistance under title XIX (Grants to States for Medical Assistance Programs) of the Social Security Act; and (2) those children that have been adopted and have a medical condition, or a mental, physical, or emotional handicap that either existed before the adoption but was not diagnosed until afterwards or first manifests itself after the adoption but is congenital or was caused beforehand. Includes relatives (as well as foster parents) who are prospective adoptive parents and with whom the child has significant emotional ties while in their care for purposes of an exception to the requirement that an effort be made to place special needs children with appropriate adoptive parents without providing adoption assistance or Medicaid assistance. Requires each States to submit to the Secretary the factors and conditions it uses to identify children with special needs, for purposes of the adoption assistance program, and any modifications to such factors and conditions. Directs the Secretary to establish an Advisory Committee on Foster Care Placement to study and report to the Secretary and the Congress on the implementation of specified requirements, under State plans for foster care and adoption assistance, that reasonable efforts be made: (1) prior to placement of a child in a foster home, to prevent or eliminate the need for removal of the child from the child's home; and (2) to make it possible for the child to return to the child's home. Provides Federal coverage of 90 percent of State costs in developing and installing statewide mechanized data collection and information retrieval systems which: (1) the Secretary determines are likely to enhance the administration of such programs; (2) are capable of interfacing with the State data collection system for information on child abuse and neglect; and (3) meet other specified requirements. Covers 50 percent of State costs for operation of such systems. Provides that all State expenditures for development, installation, and operation of such systems shall be treated as necessary for proper and efficient administration of the State plan, without regard as to whether the systems may be used with respect to children other than those on behalf of whom payments may be made for foster care maintenance or adoption assistance. Reduces, after three years, from 90 to 50 percent the Federal matching payment for development and installation of such systems. Defers a deadline for implementation of automated systems until one year after certain regulations are promulgated. Directs the Secretary to establish a work group, including representatives of specified organizations to advise on planning and implementation of the system to be used for collection of data relating to adoption and foster care in the United States. Requires the State plan to provide for: (1) a triennial review of the amounts paid as foster care maintenance payments and adoption assistance to assure their continuing appropriateness; and (2) a report to the Secretary on the results. Requires that the dispositional hearing to determine the final status of a foster child occur within 12 months of his or her original placement, rather than the current 18 months. Revises the time frame for judicial determinations on voluntary placements. Sets forth case plan requirements for placement of children in out-of-State foster care, including a finding that the child needs services not available in the State. Requires annual review, with the child present, of the status of children in out-of-State foster care placements. Requires States to collect data on the numbers of children in out-of-State foster care placements. Requires a State, in order to receive payments for expenditures after FY 1993 for foster care maintenance payments made with respect to a child placed in foster care outside the State, to conduct and submit a study to the Secretary by the end of such fiscal year, identifying the number and common characteristics of such children and the reason why they were not placed in foster care in the State. Eliminates the ceilings on Federal foster care payments to States and the States' authority to transfer unused foster care funds to the Child Welfare Services program. Directs the Secretary to: (1) establish an advisory committee; and (2) issue final regulations for training of staff of agencies responsible for administering foster care and adoption assistance programs and for training of foster and adoptive parents. Requires such committee to include representatives of public agencies and private nonprofit organizations with an interest in child welfare. Directs the Secretary to annually publish information, on a State-by-State basis, on expenditures for, and the operation of, the Child Welfare Services program, the Foster Care and Adoption Assistance program, and Comprehensive Service Projects. Amends title IV of the Social Security Act to add a new part G, Child Welfare Review System. Directs the Secretary to establish such system to: (1) review each State child welfare program to assess whether the requirements of such Act are being carried out; (2) impose financial penalties in cases of substantial failure to comply; and (3) provide technical assistance to any such program. Requires the Secretary to complete such a review for each State program once every three years. Sets forth provisions relating to effects of noncompliance, suspension of financial penalties, and administrative and judicial review. Requires that all State child welfare programs be reviewed at least once by the end of FY 1996. Prohibits the Secretary from reducing or withholding any payment or seeking any repayment from any State under part B or E by reason of a determination made in connection with specified reviews or audits for certain periods. Title III: Emergency Assistance - Amends part A (Aid to Families with Dependent Children) (AFDC) of title IV of the Social Security Act to require States to provide emergency assistance to needy families with children, including services designed to prevent homelessness. Title IV: Social Services Block Grant - Amends title XX (Block Grants to States for Social Services) of the Social Security Act to authorize increased appropriations under such program for FY 1992 and 1993 and thereafter. Title V: Research, Demonstration, and Evaluation Activities - Amends part A (General Provisions) of title XI (General Provisions and Professional Standards Review) of the Social Security Act to require the Director of the Office of Technology Assessment (OTA) to establish an Advisory Commission on Children and Families (the Commission). Requires the Commission to collect and assess specified types of information in order to identify cost-effective approaches to protect and enhance the physical, mental, emotional, and financial well-being of children and their families. Directs OTA to report annually to the Congress on the Commission and its assessment. Requires the Commission to conduct, through contracts with independent research organizations, the following research and evaluation projects: (1) an evaluation of child welfare service programs, including intensive family preservation programs; (2) foster care evaluations; (3) longitudinal child welfare data bases, and studies of child welfare population dynamics; and (4) comprehensive service projects evaluations. Directs the Secretary to conduct the following research and evaluations: (1) a study (under contract with an independent research organization) to assess the prevalence and nature of risks to the safety of employees of child welfare systems; and (2) a three-year study (under contract with an organization with demonstrated appropriate experience) to examine methodologies for measuring the workloads of providers of child welfare services and community mental health services. Directs the Secretary to authorize the following types of child welfare demonstration projects: (1) abandoned infants permanent placement; (2) termination of parental rights; (3) child welfare worker training in U.S. areas that border on Mexico; (4) staff recruitment and retention; and (5) joint training for staff of child welfare, mental health, and juvenile justice agencies. Directs the Secretary to provide technical assistance to States for: (1) interpreting and implementing parts B, C, and E; (2) disseminating information on innovative child welfare agencies; (3) correcting problems identified through Federal audits and reviews and carrying out corrective action plans under part E; (4) implementing the foster care and adoption data collection system; and (5) addressing other matters identified by such Secretary. Title VI: Credit for Certain Adoption Expenses - Amends the Internal Revenue Code to allow an income tax credit for certain expenses related to the adoption of a child with special needs.
United States · United States Congress · 6 June 1991
Title I : Allows a person who elects to become a national of the United States rather than a citizen, to be naturalized subsequently as a U.S. citizen if the requirements of U.S. naturalization law includes residency and physical presence within the Northern Mariana Islands. Deems the Northern Mariana Islands as a State for purposes of the judicial naturalization requirements. Grants jurisdiction to the courts of records and the District Court of Northern Mariana Islands to naturalize eligible persons under this Act and those who reside within their jurisdiction. Title II : Amends Federal law to authorize the U.S. Resident Representative for the Northern Mariana Islands to nominate one cadet to attend the: (1) U.S. Military Academy; (2) U.S. Naval Academy; and (3) U.S. Air Force Academy. Permits the nomination of nine alternates for each available vacancy. Requires each nominated candidate for admission to be domiciled in the Northern Mariana Islands. Provides that a candidate must, at the time of admission and with specified exceptions: (1) be a U.S. citizen, or have initiated action to become a naturalized citizen; and (2) be eligible for naturalization within two years after admission to the Academy. Requires voluntary disenrollment if a candidate fails to become a naturalized citizen within two years after such admission. Requires the Secretary of the Army to include alternates from the Northern Mariana Islands in his selection of cadets to bring the Academy's class enrollment to full strength, if the number of cadets fall below the authorized number. Sets forth notification procedures to a Member of Congress, delegate, or resident representative by the Secretary of the Navy in the event of a vacancy at the Academy, in which case, each is entitled to nominate a candidate and nine alternates. Prohibits the displacement of any persons nominated for appointment to such Academies, with specified exceptions, and the exceeding of the authorized number of cadets for each of them. Title III : Provides that the territories, possessions, and U.S. commonwealths shall be considered part of the United States with respect to the Department of Commerce promoting fishing interest through its U.S. fishery trade officers, and the fostering of foreign and domestic commerce. Title IV : Authorizes the competitive awards that the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, or any such insular area receives, under the Higher Education Act of 1965, to be incorporated into a consolidated grant.
United States · United States Congress · 6 June 1991
Medicare Preventive Benefits Act of 1991 - Amends part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act to provide for coverage of fecal-occult blood tests (FOBTs) and screening flexible sigmoidoscopies for the early detection of colorectal cancer. Covers FOBTs on an annual basis for individuals aged 50 or over. Covers screening sigmoidoscopies provided every five years for individuals aged 50 or over. Provides payment for FOBTs under the laboratory fee schedule, subject to a five dollar limit in 1992. Provides payment for screening sigmoidoscopies under the relative value scale in 1992. Permits the Secretary to modify the frequency criteria after 1994. Provides for Medicare coverage of annual influenza vaccinations and for tetanus-diptheria vaccinations administered every ten years. Provides for Medicare coverage up to age seven according to a frequency schedule to be established by the Secretary of Health and Human Services (HHS) in consultation with appropriate entities. Provides for Medicare coverage of annual screening mammography for the early detection of breast cancer for women over age 64. (Currently, such women are covered for such screening performed every other year.) Requires HHS demonstration projects for the coverage of additional specified preventive care services and reports to specified congressional committees on such projects. Authorizes appropriations. Authorizes an Office of Technology Assessment study and report to the Congress on the development of a process evaluating possible Medicare coverage of other preventive care services.
United States · United States Congress · 6 June 1991
Federal Aid Surface Transportation Act of 1991 - Title I: Federal-Aid Highway Act of 1991 - Federal-Aid Highway Act of 1991 - Authorizes appropriations out of the Highway Account of the Highway Trust Fund (HTF) for: (1) the National Highway and Bridge System; (2) the Urban and Rural Highway and Bridge Program; (3) emergency relief; (4) the Federal Lands Highway Program; (5) the University Transportation Centers Program; (6) the Right-of-Way Revolving Fund; and (7) the Territorial Highway Program. Specifies that unobligated balances of funds apportioned or allocated to a State under Federal highway provisions before October 1, 1991, shall be available for obligation in such State under the law, regulations, policies, and procedures relating to the obligation and expenditure of those funds in effect on September 30, 1991. Repeals the FY 1993 authorization under the Federal-Aid Highway Act of 1956. Authorizes appropriations for Interstate construction to complete the Interstate System out of the Highway Account of the HTF for each of FY 1992 through 1995. Provides for certain allocations for Massachusetts for such fiscal years. Sets forth a formula for the apportionment of authorized funds for such fiscal years among the States. Authorizes appropriations out of the Highway Account of the HTF for highway projects for the Interstate Substitution Program. Sets forth provisions with respect to obligation ceilings for Federal-aid highway programs, distribution of and limitations on obligation authority, and redistribution of unused obligation authority. Declares that national resources should be focused upon preserving the nation's investment in its Interstate systems, that broad national defense, economic, safety, and international policy goals are advanced by efficient transportation systems, that national transportation investments should increasingly encourage domestic and international commerce and trade, and that, based on congressionally established national transportation policy and objectives, a new Federal high priority highway network should be designated. Establishes the National Highway and Bridge System, to consist of all currently designated Interstate highways, an appropriate portion of the rural and urban principal arterial routes, including toll facilities, and national defense highways, and routes which meet specified criteria (including nationally significant truck routes, routes that provide nationally significant commodities with access to markets, access points to significant national parks, facilities that will provide logical connection between major population centers and the National Highway and Bridge System, and major urban corridors). Specifies that the National Highway System shall be based on a functional reclassification of roads and streets in each State which shall be designated not later than September 30, 1993, in accordance with guidelines issued by the Secretary of Transportation, and that the Secretary may add segments to the National Highway System as necessary to meet National Highway Program objectives. Directs the Secretary to establish criteria for reviewing projects to be funded as part of the National Highway and Bridge System which: (1) define eligible projects to include rehabilitation, resurfacing, restoration, capacity expansion, operational improvement, safety, and new highway construction; (2) ensure as a first priority for the use of available funds the protection of investments made in the Interstate highways in each State and the provision of suitable traveling quality by such highways; (3) permit funding in urbanized areas to be used to improve highway and transit systems, where it can be shown that the improvement will increase the level of service within the corridor of the National Highway and Bridge System; and (4) permit the use of such funds for intercity rail projects and projects for access to ports, airports, and related facilities. Sets forth additional provisions with respect to the discharge of responsibilities by the Secretary for National Highway and Bridge System projects. Directs the Secretary to establish an Urban and Rural Highway and Bridge Program to provide a category of funds that minimizes Federal requirements and provides flexibility in the use of available funds for either highway or transit projects. Specifies: (1) that the Urban and Rural Highway and Bridge Program shall consist of all public highways (including bridges) functionally classified as arterials, urban collectors, and rural collectors other than those designated as part of the National Highway and Bridge System; (2) that each State shall establish guidelines for implementing this program; and (3) eligible highways and projects. Sets forth provisions with respect to the obligation of funds, and the Federal share of projects, for the construction of toll roads, bridges, tunnels, and ferries. Requires the Secretary, in each fiscal year, to allocate among the States amounts sufficient to ensure that: (1) the total of apportionments and minimum allocation for each State in each such fiscal year shall not be less than 90 percent (currently, 85 percent) of the percentage of estimated tax payments into the Highway Account of the HTF attributable to highway users in the State of total apportionments in each such fiscal year and allocations for the prior year; and (2) each State's total apportionment from the Highway Account of the HTF for the year is not less than that made during FY 1991 (excluding any Interstate construction funds in excess of FY 1992 one-half percent minimum, Interstate substitution, and amounts for demonstration or discretionary funding programs or projects). Directs the Secretary to cooperate with State and local officials in urbanized areas in the development of transportation plans and programs which are formulated with due consideration to comprehensive long-range land use plans, development objectives, innovative financing mechanisms, overall social, economic, environmental, and system performance, energy conservation goals and objectives and with due consideration to their probable effect on the future development of the area. Specifies that the transportation planning process, at a minimum, shall cover the existing urbanized area and the area expected to become urbanized within the forecast period, and that it may encompass the entire Metropolitan Statistical Area/Consolidated Metropolitan Statistical Area at the discretion of the Governor and the affected units of local government. Requires that transportation plans and programs in urbanized areas of more than 200,000 population be based on a continuing transportation planning process which: (1) is carried out by a metropolitan planning organization and is comprehensive to the degree appropriate based on the complexity of transportation problems in the area, including transportation-related air quality problems; and (2) considers all modes of transportation, including intermodal connectivity, the balance between future development and transportation needs, and an areawide multimodal congestion management system. Specifies that in nonattainment areas for transportation-related pollutants the multimodal congestion management system shall address air quality considerations and be coordinated with the process for development of the transportation element of the State Implementation Plan required by the Clean Air Act. Requires that the costs and impacts of proposed action on both mobility and air quality be evaluated. Bars the Secretary from approving any highway project in urbanized areas of more than 200,000 population that by reconstruction or new construction significantly increases the vehicle carrying capacity of a transportation corridor unless the project is consistent with the congestion management system. Directs the metropolitan planning organization to cooperate with the State in the development of a congestion management, bridge management, pavement management, safety management, and traffic monitoring system. Requires that: (1) a metropolitan planning organization be designated in each urbanized area by agreement among the units of general purpose local government and the Governor to carry out such transportation planning process; (2) such organization develop a transportation improvement program that includes all projects proposed for funding within the study area under the National Highway and Bridge Program, the Urban and Rural Highway and Bridge Program, and the Bridge Program; and (3) in urbanized areas of 200,000 population or less, such organization, the State, and transit operators, at a minimum, meet the requirements of this Act by the development of such a transportation improvement program (including consideration of transportation-related air quality problems.) Requires the Federal highway research program to include coordinated long-term programs of research: (1) on Intelligent Vehicle Highway Systems; and (2) for the development, use, and dissemination of performance indicators to measure the performance of the surface transportation system. Requires such program to continue those portions of the Strategic Highway Research Program that the Secretary deems important. Directs the Secretary to create and administer the Dwight David Eisenhower Transportation Fellowship Program, a program to attract qualified students to the field of transportation engineering and research. Provides for the funding of such program. Directs the Secretary to cooperate with the States in carrying out: (1) statewide transportation planning; and (2) State highway research. Sets forth provisions regarding State matching fund requirements and waiver of such requirements. Directs the Secretary: (1) in the Secretary's reports regarding future highway needs of the nation, to report as well on the condition and performance of the existing system and on the bridge needs of the nation; and (2) beginning with the report due in January 1995, to include the results of studies of the air quality impacts of transportation programs including the air quality benefits realized from transportation control measures required under the Clear Air Act. Establishes within the Department of Transportation a Bureau of Transportation Statistics, which shall pursue a comprehensive, long-term program for the collection and analysis of data relating to the performance of the national transportation system. Requires the Director of such Bureau to: (1) produce annually unbiased and comparable estimates of factors including productivity in the various portions of the transportation sector, traffic flow, travel times, travel costs of intracity commuting and intercity trips, frequency of vehicle and transportation facility repairs, accidents, and collateral damage to the human and natural environment; and (2) submit reports beginning on October 1, 1992, and every 12 months thereafter, to specified congressional committees describing the status of the U.S. transportation system. Authorizes the Secretary to: (1) undertake, on a cost-shared basis, collaborative research and development with non-Federal entities, including State, local, and foreign governments; and (2) enter into cooperative research and development agreements, except that the average Federal share in such agreements shall not exceed 50 percent (but allows the Secretary to approve a higher Federal level of participation where there is substantial public interest or benefit). Authorizes the Secretary to withhold project approvals on National Highway and Bridge Program projects for failure of a State to have a bridge management, pavement management, safety management, and congestion management system. Requires each State to have a traffic monitoring system to provide statistically-based traffic data. Sets forth provisions regarding: (1) acquisition of rights-of-way; (2) private, State, and local donations; (3) access to rights-of-way to accommodate needed passenger or commuter rail, high speed ground transportation systems (including magnetic levitation systems), and highway and nonhighway public mass transit facilities; and (4) the definition and scope of the Interstate System. Declares that: (1) the nation must redirect its efforts toward moving people, information, and goods rather than moving vehicles; (2) the new Federal program shall refocus national policies to respond to increasing inter-regional travel, relieving urban congestion, improving rural access, fostering intermodalism, enhancing air quality, conserving energy, and giving priority to projects that offer the best solutions to the transportation problems and environmental considerations of each region; and (3) the essential element for an effective future program is a new Federal, State, and local partnership that provides more funding, greater program flexibility, and greater program management and resource contribution responsibilities at the State and local levels. Sets forth provisions with respect to the apportionment of funds, including apportionment formulas under the: (1) National Highway and Bridge Program, based on the State's rural and urban lane miles, rural vehicle miles traveled, and diesel fuel consumption; and (2) Urban and Rural Highway and Bridge Program, in the ratio of tax payments of the Highway Account of the HTF attributable to the highway users of each State. Sets forth provisions with respect to: (1) project agreements and obligations of funds; (2) availability of funds; (3) the Federal share payable with respect to certain projects; (4) project litigation expenses; and (5) the allocation and administration of Federal lands highways funds, and the establishment of a coordinated Federal Lands Highways Program. Authorizes (subject to specified limitations): (1) States to use Federal highway funds to construct improved lanes, paths, or shoulders, traffic control devices, shelters, and parking facilities for bicycles and pedestrians, and carry out nonconstruction projects related to safe bicycle and pedestrian use; (2) the Secretary, where a highway bridge deck being replaced or rehabilitated with Federal financial participation is located on a highway on which bicycles or pedestrians are permitted to operate at each end of the bridge and the Secretary determines that the safe accommodation of bicycles or pedestrians can be provided at reasonable cost, to replace or rehabilitate such bridge, making such accommodations; (3) Federal lands highways funds to be used for the construction of pedestrian walkways and bicycle routes; and (4) a State to expend Urban and Rural Highway and Bridge Program funds for such construction. Provides for: (1) a functional reclassification of all public roads; (2) the transfer of funds for transit projects to, for administration by, the Urban Mass Transportation Administration; and (3) a recodification of Federal highway-related provisions. Requires that construction standards adopted for the National Highway and Bridge System be those approved by the Secretary in cooperation with the State highway departments and the American Association of State Highway and Transportation Officials (currently, with respect to construction standards for the Interstate System, cooperation with such Association is not required). Directs the Secretary to issue guidelines for minimizing soil erosion from highway construction. Bars the Secretary from approving projects that will result in the severance or destruction of an existing major route for nonmotorized transportation traffic and light motorcycles, unless the project provides a reasonable alternative route or an alternative route exists. Requires: (1) projects for resurfacing, restoring, or rehabilitating specified highways to be constructed in accordance with standards to preserve and extend highway service life and enhance highway safety; and (2) States to charge, at a minimum, fair market value for the sale, use, lease, or lease renewals of right-of-way airspace acquired as a result of a project funded in whole or in part with Federal assistance made available from the Highway Account of the HTF, with exceptions. Provides that: (1) Indian contractors certified by State transportation or highway departments shall receive preference in the award of contracts on Indian reservations to the maximum extent practicable; and (2) contracts for Urban and Rural Highway and Bridge Program projects may be entered into with the prior concurrence of the Secretary in the award. Authorizes: (1) the State transportation or highway department to include warranty or guarantee provisions in construction contracts which, if used, shall be for a specified construction product or feature and may not include routine maintenance; and (2) projects (currently, requires projects) approved to include the amount of any interest earned and payable on bonds issued by the State to the extent that the proceeds of the bonds have actually been expended in the construction of the project. Authorizes the Secretary, except for projects administered under the Urban and Rural Highway and Bridge Program, to make payments to a State for costs incurred on a project. (Current law authorizes payment to States for construction.) Specifies that total payments shall not exceed total costs incurred by the State for the project. Requires any State transportation or highway (currently, highway) department which submits plans for a National Highway and Bridge Program or Interstate System project (currently, Interstate System project) to make its certification and report, indicating that consideration was given to the economic, social, environmental, and other effects of the plan, highway location or design, and various alternatives which were raised during the hearing or which were otherwise considered (current law does not mention the latter requirement). Authorizes the Secretary to approve for Federal financial assistance from National Highway and Bridge Program funds: (1) projects designed to encourage the use of carpools, subject to specified limitations; and (2) the construction of exclusive or preferential high occupacy vehicle (HOV) lanes, highway traffic control devices, intercity and urban bus passenger loading areas and facilities, and fringe and transportation corridor parking to serve HOV, intercity bus, and public transportation passengers. Specifies that if fees are charged for the use of any carpool or other publicly owned parking facility constructed pursuant to Federal highway provisions, the revenue in excess of that required for maintenance and operation of the facility and the cost of providing shuttle service to and from the facility including compensation to any person for operating the facility and for providing shuttle service shall be used for purposes authorized under Federal highway provisions. Requires that National Highway and Bridge System funds be made available to finance the Federal share of projects for exclusive or preferential HOV, truck, and emergency vehicle routes or lanes. Permits such routes on the Interstate System to have less than four lanes of traffic. Prohibits the approval of HOV projects unless the Secretary has received assurances from the owner or operator of the facility that HOV vehicles will fully utilize the proposed project and that essential operations and enforcement support of the facility will be provided. Specifies that, in any case where sufficient land exists within the publicly acquired rights-of-way of the National Highway System to accommodate needed nonhighway public mass transit facilities and where the accommodation can be accomplished without impairing automotive safety or future highway improvements, the Secretary may authorize a State to make those lands and rights-of-way available without charge to a publicly owned mass transit authority for such purposes wherever the public interest will be served. Directs the Secretary to require assurance from any State desiring to avail itself of benefits under Federal highway provisions that employment in connection with proposed projects be provided without discrimination based on race, color, religion, national origin, age, disability, or sex (currently, specifies "without regard to race, color, creed, national origin, or sex"). Requires that not to exceed one fourth of one percent of the funds apportioned to a State be available for highway construction training. Prohibits discrimination on the basis of sex under programs or activities receiving Federal assistance. Repeals a requirement that each State certify that it is enforcing all speed limits on public highways and that the Secretary not approve projects in States failing to make such certification. Requires each State to establish a procedure to certify that highway bridge inspectors meet national qualifications. (Current law requires that standards established by the Secretary include a procedure for national certification of such inspectors.) Directs the Secretary to withhold ten percent of the amount to be appropriated to any State on the first day of each fiscal year in which the purchase or public possession in that State of any alcoholic beverage by a person who is less than 21 years of age is lawful (current law specifies five percent on the first day of the fiscal year succeeding the first fiscal year beginning after September 30, 1985, and ten percent after the second fiscal year beginning after such date). Specifies that funds withheld from apportionment shall be apportioned to the other States in compliance and remain available for the period of time applicable to the category of funds withheld (currently, treatment of such funds varies based on whether funds were withheld on or before September 30, 1988). Directs that construction estimated to cost $50,000 (currently, $15,000) or more per mile or per project for projects with a length of less than one mile on forest development roads and trails be advertised and let to contract, and allows projects with less than such cost, if no acceptable bid is received, to be done by the Secretary of Agriculture. Repeals provisions under the Territorial Highway Program: (1) that Federal financial assistance be granted on the basis of a Federal contribution of 100 percent of the cost of any project; and (2) under which the Governor must agree not to impose any toll, or permit any such toll to be charged, for use by vehicles or persons of any portion of the facilities constructed or operated to qualify for funding. Provides that, in addition to a specified percentage, sums provided (currently, two percent) for each fiscal year may be expended upon request of the Governor with the Secretary's approval under such Program. Requires (currently, authorizes the Secretary to make) expenditures with respect to the reconstruction of the Alaska-Canada international highway. Authorizes the Secretary to give priority of approval to, and expedite the construction of, projects that are recommended as important to the national defense. Modifies provisions regarding the National Highway Institute to: (1) require that private agencies and individuals pay the full cost of any education and training received by them; and (2) authorize the Institute to engage in all phases of contract authority for training purposes authorized under Federal highway provisions and to carry out its authority independently or in cooperation with any other branch of Government, authority, association, or person. Authorizes the Institute to establish and collect fees from any entity and place them in a special account.
![Official portrait of Rep. Jontz, Jim [D-IN-5]](https://www.congress.gov/img/member/j000265_200.jpg)