United States · United States Congress · 3 October 1991
Solid Waste Metals Reduction Act - Prohibits the intentional introduction of lead, cadmium, mercury, or hexavalent chromium into a package or packaging component during manufacturing or distribution. Sets forth the maximum allowable concentration level of the sum of such elements in packaging. Makes such regulations inapplicable (for a specified period) for packaging: (1) that was manufactured prior to this Act's effective date; (2) to which lead, cadmium, mercury, or hexavalent chromium have been added to comply with Federal health or safety requirements or, because it is essential for the protection, safe handling, or function of the contents of the package, provided that the manufacturer, supplier, or distributor petitions the Environmental Protection Agency (EPA) for the exemption; or (3) that would not exceed the maximum concentration levels set forth in this Act but for the addition of post-consumer materials. Provides for the renewal of exemptions if the Administrator determines that a renewal is warranted. Requires packaging manufacturers or suppliers to furnish certificates of compliance (with respect to this Act's requirements) to distributors. Makes certificates of compliance, upon request, available to EPA and the public. Authorizes the assessment of civil penalties for violations of this Act.
United States · United States Congress · 3 October 1991
Amends the Internal Revenue Code to allow an individual income tax deduction for contributions to a savings account established to pay the educational expenses (tuition, supplies, meals, and lodging) of the taxpayer's child or certain other relatives at an institution of higher education or a vocational school. Limits the deduction to $150,000 for all taxable years (adjusted for inflation) for each account. Disallows the deduction for contributions to an account maintained for any individual aged 19 or older. Requires any account balance to be distributed after the beneficiary attains age 30. Permits an exclusion from the gross income of the contributor or the beneficiary of account distributions: (1) used to pay educational expenses of the beneficiary; or (2) contributed to the individual retirement plan (IRA) of the contributor. Exempts an account from taxation (except for the tax on unrelated business income of a charitable organization), unless a contributor or the beneficiary engages in specified prohibited transactions in connection with it. Imposes a ten percent surtax on distributions not used for educational purposes. Requires the account trustee to report to the Secretary of the Treasury and to the account's beneficiary concerning the account. Imposes a penalty for failure to report. Allows taxpayers who do not otherwise itemize deductions to deduct for contributions to an education savings account. Imposes penalty taxes in connection with excess contributions or prohibited transactions associated with an account. Exempts from annual contribution limitations any distributions from education savings accounts into IRA's. Excludes from gross income any distributions from IRA's into education savings accounts.
United States · United States Congress · 2 October 1991
Commission on the Advancement of Women in the Science and Engineering Work Forces Act - Establishes the Commission on the Advancement of Women in the Science and Engineering Work Forces. Excludes the Commission from application of provisions of the Federal Advisory Committee Act relating to the termination of advisory committees.
United States · United States Congress · 2 October 1991
Small Business Economic Opportunity Enhancement Act of 1991 - Amends the Small Business Act to establish a five-year microloan demonstration program to: (1) make direct loans to intermediaries (i.e. community development corporations) for short-term loans to eligible small businesses microenterprises; and (2) make grants to intermediaries for marketing, management, and technical assistance to small business borrowers. Amends the Social Security Act to include the microloan demonstration program within the services and activities provided under the JOBS program. Permits such microenterprises to participate in the Aid to Families with Dependent Children Program without adversely impacting upon their Federal benefits. Amends the Consolidated Farm and Rural Development Act and the Housing and Community Development Act of 1974 to include microenterprises within their purview of eligible participants. Expresses the sense of the Congress that a specified percentage of amounts appropriated under such Acts be reserved for microenterprise assistance. Amends the Job Training and Partnership Act to authorize training activities for microenterprises.
United States · United States Congress · 1 October 1991
Declares it is U.S. policy that the European Community's Third Country Meat Directive is an unfair nontariff trade barrier and that it is in the public interest to remove barriers to exports of U.S. meat products. Directs the President to prohibit the importation of all European Community meat products.
United States · United States Congress · 1 October 1991
Expresses the sense of the House of Representatives that: (1) the Congress and the President should reexamine and reduce the defense budget based on changing national security needs in the post-Cold War era; and (2) savings should be used to reduce the Federal budget deficit.
United States · United States Congress · 24 September 1991
Fair Competition in Broadcasting Act of 1991 - Amends the Communications Act of 1934 to prohibit, one year after the enactment of the Local Broadcast Service Protection Act of 1991, any cable system (system) or other multichannel video programming distributor (MVPD) from retransmitting the signal of a commercial broadcasting station, or any part thereof, without the express authority of the originating station, with exceptions. Makes such prohibition inapplicable to the retransmission of the signal of a broadcasting station to a home satellite antenna by a cable operator (operator) or other MVPD of the signal of a superstation if the originating station was a superstation on May 1, 1991, and the system or other MVPD does not obtain the signal directly from the originating station. Directs the Federal Communications Commission (FCC) to establish regulations to govern the exercise by television (TV) stations of the right to grant retransmission authority and the right to signal carriage under such Act. Specifies that: (1) such regulations shall require that TV stations make an election between such rights; (2) if an originating TV station elects to exercise its right to grant retransmission authority, such Act shall not require the carriage of the signal of such station by such system; (3) such election shall not interfere with or supersede the rights of any station electing to assert the right of signal carriage; and (4) such provisions shall not be construed as affecting program licensing agreements between broadcasters and program suppliers. Requires each system operator with: (1) 12 or fewer usable activated channels to carry the signals of at least three local commercial TV stations, with exceptions where there are 300 or fewer subscribers; and (2) more than 12 such channels to carry the signals of local commercial TV stations up to one third of the aggregate number of usable activated channels of such system. Grants the operator discretion in selecting which signals to carry on its system whenever the number of local commercial TV stations exceeds the maximum number of signals a system is required to carry under such provision, with exceptions. Requires an operator to carry: (1) in its entirety, on the system of that operator, the primary video and accompanying audio transmission of each of the local commercial TV stations carried on the system and, to the extent technically feasible, program-related material carried in the vertical blanking interval or on subcarriers; and (2) the entirety of the program schedule of any TV station carried on the system unless carriage of specific programming is prohibited, and other programming authorized to be substituted, under Federal regulations. Requires that: (1) the signals of local commercial TV stations that an operator carriers be carried without material degradation; (2) the FCC adopt carriage standards to ensure that, to the extent technically feasible, the quality of signal processing and carriage provided by a system for the carriage of local commercial TV stations will be no less than that provided for carriage of any other type of signal; and (3) the FCC, at such time as it prescribes modifications of the standards for TV broadcast signals, initiate a proceeding to establish any changes in the signal carriage requirements of cable TV systems necessary to ensure cable carriage of such broadcast signals of local commercial TV stations which have been changed to conform with such modified standards. Specifies that an operator shall not be required to carry the signal of any local commercial TV station that substantially duplicates the signal of another local commercial TV station which is carried on its system, or to carry the signals of more than one local commercial TV station affiliated with a particular broadcast network. Sets forth provisions with respect to: (1) channel positioning; (2) signal availability; (3) identification of signals carried; and (4) notification of a local commercial TV station prior to deleting carriage or repositioning the station. Bars an operator from accepting or requesting compensation for carriage of local commercial TV stations or for channel positioning rights, with exceptions. Establishes procedures for complaints by broadcast stations against operators. Directs the FCC to: (1) afford the operator an opportunity to respond to the allegations; and (2) make a determination and take appropriate action with respect to the complaint. States that no operator shall be required to provide or make available, or provide information to subscribers about, any input selector switch or comparable device. Directs the FCC to issue regulations implementing the requirements established by this Act. Specifies that nothing in this Act shall require (or prohibit) an operator to (or from) carrying on any tier the signal of any commercial TV station or video programming service that is predominantly utilized for the transmission of sales presentations or program length commercials. Requires an operator with: (1) 12 or fewer usable activated channels to carry the signal of at least one qualified local noncommercial educational TV station; and (2) 13 to 36 such channels to carry the signal of at least one such station (but does not require carriage of the signals of more than three such stations). Sets forth additional requirements where a system operates beyond the presence of any qualified local noncommercial educational TV station. Requires all operators to continue to provide carriage to all qualified local noncommercial educational TV stations whose signals were carried on their systems as of March 29, 1990, subject to waiver under specified circumstances. Specifies that: (1) an operator required to add the signals of qualified local noncommercial educational TV stations to a system may do so by placing such additional stations on public, educational, or governmental channels not in use for their designated purposes; (2) an operator of a system with a capacity of more than 36 usable activated channels which is required to carry the signals of three qualified local noncommercial educational TV stations shall not be required to carry the signals of additional such stations the programming of which substantially duplicates the programming broadcast by another qualified local noncommercial educational TV station requesting carriage; and (3) a qualified local noncommercial educational TV station whose signal is carried by an operator shall not assert any network nonduplication rights it may have under specified Federal regulations to require the deletion of programs aired on other qualified local noncommercial educational TV stations whose signals are carried by such operator. Requires an operator to: (1) retransmit in its entirety the primary video and accompanying audio transmission of each qualified local noncommercial educational TV station whose signal is carried on the system and, to the extent technically feasible, program-related material carried in the vertical blanking interval, or on subcarriers, that may be necessary for receipt of programming by handicapped persons or for educational or language purposes; and (2) provide each qualified local noncommercial educational TV station whose signal is carried with bank-width and technical capacity equivalent to that provided to commercial TV broadcast stations carried on the system, and carry the signal of each qualified local noncommercial educational TV station without material degradation. Sets forth additional provisions with respect to: (1) notification of changes in carriage; (2) signal quality; (3) channel positioning; (4) availability of signals; (5) payment for carriage (which is generally prohibited); (6) complaint procedures and remedies; and (7) signal identification.
United States · United States Congress · 24 September 1991
Emergency Unemployment Compensation Act of 1991 - Title I: Emergency Unemployment Compensation Program - Establishes an emergency unemployment compensation program. Allows any State to enter into and participate in an agreement with the Secretary of Labor (the Secretary) under which the State agency which administers the State unemployment compensation law will make payments of emergency unemployment compensation: (1) to individuals who have exhausted all rights to regular compensation under State law, have no rights to such regular compensation or any additional State or Federal compensation, and are not receiving Canadian compensation; and (2) for any week of unemployment beginning in the individual's eligibility period. Sets forth provisions relating to exhaustion of regular benefits and weekly amount of emergency benefits equal to regular benefits. Requires a State, under such an agreement, to establish an emergency unemployment compensation account with respect to the benefit year of each eligible individual who files an application. Limits benefit payments to not more than the amount in the individual's account. Sets forth formulas for determining the amount in such account. Provides that the applicable limit in such account shall be equal to: (1) ten weeks during a five-percent period (triggered if the adjusted rate of insured unemployment for such week and the immediately perceding 12 weeks is at least five percent; and (2) six weeks for any other period. Sets forth special rules relating to such applicable limits. Requires reduction in such account by the amount of extended benefits received by the individual relating to the same benefit year under the Federal-State Extended Unemployment Compensation Act of 1970. Sets the weekly benefit amount at the amount of regular compensation (including dependents' allowances) payable under the State law to the individual for such week for total unemployment. Provides for determination of periods and applicable triggers. Provides for a minimum period. Provides, in general, that no emergency unemployment compensation shall be payable to any individual under this Act for any week beginning: (1) before the later of October 1, 1991, or the first week following the week in which an agreement under this Act is entered into; or (2) after June 30, 1992. Sets forth transition and reachback provisions for the eligibility of certain individuals for such benefits, as exceptions to such general rule. Provides for payments to States having such agreements for emergency unemployment compensation. Sets forth financing provisions. Requires that funds in the extended unemployment compensation account of the Unemployment Trust Fund be used to make payments to States having agreements under this Act. Authorizes appropriations to the extended unemployment compensation account of sums necessary to pay emergency unemployment compensation payable: (1) under specified provisions for former members of the Armed Forces; and (2) on the basis of certain services performed for nonprofit organizations or governmental entities, to which certain Internal Revenue Code provisions relating to State unemployment compensation law apply. Sets forth provisions relating to fraud and overpayments. Defines the individual eligibility period under this Act. Amends specified Federal law to repeal certain limitations on payment of unemployment compensation to former members of the Armed Forces. Reduces the length of required active duty by reserves for purposes for such payment, if the reservist served on active duty in the Persian Gulf area of operations in connection with Operation Desert Storm. Title II: Collection of Nontax Debts - Amends the Deficit Reduction Act of 1984 to provide for permanent extension of provisions relating to collection of nontax debts owed to Federal agencies. Title III: Guaranteed Student Loans - Amends title IV (Student Assistance) of the Higher Education Act of 1965 (HEA) to revise provisions relating to the Stafford student loan program (including guaranteed student loans and federally-insured student loans). Requires, in the case of such student loan applicants over age 21, that the lender: (1) obtain a credit report; and (2) require a cosigner for such applicants who have adverse credit histories. Allows the lender to charge such applicants for the actual cost of such credit reports, up to $25. Requires the lender to obtain the borrower's driver's license number, if any, at the time of application for such a student loan. Directs eligible institutions to require borrowers of any student loan under HEA to supply the following exit interview information: (1) their expected permanent address after leaving the institution; (2) the name and address of their expected employer; and (3) the name and address of their next of kin. Requires student loan interest-subsidy insurance program agreements to require the lender to obtain the borrower's authorization for entry of judgment against the borrower in the event of default. Provides for wage garnishment for student loan collection. Authorizes a guaranty agency, or the Secretary where appropriate, to garnish the disposable pay of an individual to collect the amount owed or the required repayment, subject to certain conditions. Provides for data matching. Authorizes the Secretary of Education to obtain from Federal agencies specified information relating to an individual for student loan collection purposes. Title IV: Electromagnetic Spectrum Function - Emerging Telecommunications Technologies Act of 1991 - Requires the Secretary of Commerce and the Chairman of the Federal Communications Commission (FCC) to conduct biannual joint electromagnetic spectrum planning meetings with respect to: (1) future spectrum needs and the allocation actions to accommodate those needs; and (2) actions to promote the efficient use of the spectrum. Requires an open process and joint annual reports to the President. Directs the Secretary to submit reports to the President that identify frequency bands that: (1) are allocated on a primary basis for Government use and eligible for licensing pursuant to the Communications Act of 1934 (the Act); (2) are not required for the present or identifiable future Government needs; (3) can be made available for use under the Act for non-Government users; (4) are likely to have significant value for such users; and (5) will not result in excessive costs to the Government. Sets forth criteria for identifying, and recommending for reassignment or sharing, such frequency bands. Requires such reports to make an initial identification of 30MHz of spectrum for immediate reallocation and distribution by the FCC pursuant to competitive bidding procedures, and preliminary and final identifications of additional reallocable frequency bands. Directs the Secretary to convene a private sector advisory committee to: (1) review frequency bands identified in the preliminary report; (2) advise the Secretary with respect to those bands which should be included in the final report; (3) receive public comment on the reports; and (4) prepare and submit to the Secretary and specified congressional committees a report on recommendations for the reform of allocating the spectrum between Government and non-Government users. Directs the President to: (1) withdraw or limit the assignment to a Government station of any frequency recommended in the initial identification report for rellocation; (2) withdraw or limit the assignment to a Government station of any frequency recommended in the final report for reallocation or mixed use; (3) assign or reassign other frequencies to Government stations as necessary to adjust to such withdrawal or limitation of assignments; and (4) publish in the Federal Register a notice and description of such actions taken. Authorizes the President to substitute alternative frequencies in the interests of national security, important Government needs, public health or safety, or Federal financial considerations. Provides that any Government licensee, or non-Government entity operating on behalf of a Government licensee, that is displaced from a frequency pursuant to this Act may be reimbursed not more than the incremental costs it incurs, in such amounts as provided in advance in appropriation Acts, that are directly attributable to the loss of the use of the frequency pursuant to this Act. Authorizes appropriations to affected licensee agencies to cover such costs. Directs the FCC to form a plan to assign the spectrum identified in the initial report pursuant to competitive bidding procedures during FY 1994 through 1996. Directs the FCC to submit to the President a plan for the distribution of the remaining reallocated frequency bands. Authorizes the President to reclaim reallocated frequencies for reassignment to Government stations. Sets forth procedures for reclaiming frequencies. Amends the Act to require the FCC to use competitive bidding for awarding all initial licenses and new construction permits, subject to specified exclusions. Outlines criteria for awarding licenses and permits under competitive bidding procedures. Prohibits licensing by lottery when competitive bidding is required. Title V: Dislocated Workers - Directs the Secretary of Labor to give special consideration to providing services to dislocated workers in the timber industry in the State of Washington, in determining specified programs and activities to be funded under the Job Training Partnership Act in FY 1991 and 1992. Title VI: Deficit Reduction Requirement - Set forth the congressional finding that provisions contained in titles I through V of this Act would lead to a reduction in the deficit. Declares that the Congress designates all direct spending amounts (both increases and decreases) provided by such titles (for all fiscal years) as emergency requirements under specified provisions of the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Requires, as a condition for any provisions of this Act to take effect, that the President: (1) make a determination and notify the Congress that this Act would reduce the deficit cumulatively for FY 1991 through 1996; and (2) submits a written designation of all direct spending amounts (both increases and decreases provided by titles I through V of this Act for all fiscal years) as emergency requirements under such specified provisions of the Balanced Budget and Emergency Deficit Control Act of 1985.
United States · United States Congress · 24 September 1991
Medicare EKG Payment Restoration Act of 1991 - Amends part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act to: (1) reestablish separate payment for the interpretation of electrocardiograms (EKGs) that are ordered or performed during an office visit or consultation with a physician; and (2) require the Secretary of Health and Human Services to establish separate fee schedule amounts for EKG interpretations and to adjust the relative values established for office visits to or consultations with a physician to reflect the establishment of such separate fee schedule amounts. Directs the Secretary to: (1) establish practice guidelines for the use of EKGs for dissemination along with other educational information relating to the use of EKGs to physicians; (2) develop a profile of the use of EKGs by physicians; and (3) conduct a study and report to the Congress on the utilization and costs of EKGs.
United States · United States Congress · 24 September 1991
Authorizes the Secretary of Defense to detail members of the armed forces to a State or local correctional agency for temporary duty as advisors and instructors at a correctional facility operated as a military-style boot camp if the Secretary determines that such personnel could contribute to the rehabilitative purposes of such facility. Credits such military personnel for all service performed during such detail. Amends the National Defense Authorization Act for Fiscal Years 1990 and 1991 and other Federal provisions relating to actions taken in conjunction with defense base closures and realignments to authorize the Secretary to transfer to the State or local government in which the military installation is located such appropriate property or facilities for conversion and use in conjunction with military-style boot camp operations at a correctional facility.
United States · United States Congress · 24 September 1991
Expresses the sense of the Congress that it is inappropriate for the Federal Government to take actions that have the effect of preempting the tax decisions of State governments. Protests the decision of the Secretary of Health and Human Services to prohibit Federal payments under the Medicaid program (title XIX of the Social Security Act) relating to State Medicaid expenditures that are made from revenues derived from provider-specific taxes. Urges the Secretary to drop the proposed rule implementing his decision.
United States · United States Congress · 17 September 1991
Glass Ceiling Act of 1991 - Establishes the Glass Ceiling Commission to conduct a study and prepare recommendations concerning: (1) eliminating artificial barriers to the advancement of women and minorities; and (2) increasing opportunities and developmental experiences of women and minorities to foster advancement of women and minorities to management and decisionmaking positions in business. Establishes the National Award for Diversity and Excellence in American Executive Management. Allows a recipient business to use the award in its advertising if the business agrees to help other U.S. businesses improve with respect to the promotion of opportunities and developmental experiences of women and minorities regarding management and decisionmaking positions. Authorizes appropriations. Terminates the Commission and the authority to make awards four years after enactment of this Act.
United States · United States Congress · 12 September 1991
Drug Supply Reduction Act of 1991 - Title I: Interdiction Systems Improvements - Order To Land and To Bring To Act of 1991 - Amends the Federal criminal code to make it unlawful for a pilot or operator (pilot) of any aircraft which has crossed the border of the United States, or any aircraft subject to U.S. jurisdiction operating outside the United States, to refuse to obey the order of an authorized Federal law enforcement officer to land (in enforcing controlled substances or money laundering provisions). Directs the Secretaries of the Treasury and of Transportation to: (1) prescribe regulations governing the means by which an order to land may be communicated to a pilot by Federal law enforcement officers; and (2) delegate Federal law enforcement seizure and forfeiture responsibilities under this title to other law enforcement officers. Makes it unlawful for any master, operator, or person in charge (master) of a U.S. vessel or vessel under U.S. jurisdiction to fail to stop and land upon being ordered to do so by a Federal law enforcement officer authorized to issue such an order. Specifies that consent or waiver of objection by a foreign nation to the enforcement of U.S. law by the United States under this Act may be obtained by radio, telephone, or similar oral or electronic means and may be proved by certification of the Secretary of State or the Secretary's designee. Sets forth penalties for violation of this Act. Authorizes the seizure and forfeiture of any aircraft that is used in violation of this Act. Provides for the immediate revocation of the registration of an aircraft upon the failure of the operator to follow the order of a Federal law enforcement officer to land the aircraft. Directs the Administrator to: (1) notify the owner of the aircraft that such person no longer holds U.S. registration for such aircraft; and (2) establish procedures for the owner of the aircraft to show cause why the registration was not revoked as a matter of law by operation of such provision, or why circumstances existed pursuant to which the Administrator should determine that it would be in the public interest to issue a new certificate of registration to the owner, effective concurrent with the revocation. Authorizes the Coast Guard to issue orders, make inquiries, searches, seizures, and arrests, and take other lawful action relating to violations of U.S. laws occurring aboard any aircraft over the high seas or waters over which the U.S. has jurisdiction. Establishes a civil penalty of up to $5,000 for any master of a vessel or pilot or operator of an aircraft who intentionally fails to comply with an order of a Coast Guard commissioned officer, warrant officer, or petty officer to stop or land, as well as in rem liability with respect to the aircraft. Amends the Tariff Act of 1930 to establish analogous civil penalties with respect to intentional failures to obey an order to land. Title II: New Coast Guard Authorities - Coast Guard Assistance Act of 1991 - Authorizes the Coast Guard: (1) to exchange information with international organizations (currently limited to foreign governments); (2) to suggest to the Secretary of State international collaboration and conferences on all matters dealing with maritime law enforcement and maritime environmental protection (currently limited to safety of life and property at sea); and (3) when so requested by the Secretary, to utilize its personnel and facilities to assist any foreign government or international organization to perform any activity for which such personnel and facilities are especially qualified. Authorizes the President, upon application from foreign governments or international organizations (current law excludes the latter) to utilize officers and enlisted members (under current law, to detail members) of the Coast Guard to assist such governments or organizations in matters concerning which the Coast Guard may be of assistance. Amends the Mansfield Amendment to permit maritime law enforcement operations in archipelagic waters of foreign countries. Title III: Financial Enforcement - Financial Enforcement Act of 1991 - Prohibits structuring transactions to evade reporting requirements with respect to identification, verification, and recordkeeping required to purchase certain monetary instruments. Authorizes the Secretary of the Treasury to prescribe regulations requiring that financial institutions report suspicious transactions relevant to possible violation of law or regulation. Bars such an institution from notifying any person involved in the transaction that such transaction has been reported. Makes provisions of the Right to Financial Privacy Act of 1978 (RFPA) applicable with respect to protection from liability for notification by financial institutions to a Government authority of the existence of information in records relevant to a possible violation of statute or regulations. Authorizes the Secretary to prescribe: (1) regulations requiring financial institutions to have anti-money laundering programs; and (2) minimum standards for such programs. Bars any financial institution, or officer, director, employee, or agent of such institution (financial institution), from disclosing the existence or terms of an order requiring a domestic financial institution or group of institutions in a geographic area to report with respect to records of domestic coin and currency transactions. Amends the RFPA to: (1) shield from liability financial institutions for refusal to do business with any person before or after disclosure of a possible violation of law or regulation to a Government authority; and (2) authorize the transfer of financial records originally obtained by an agency in accordance with such Act to the Secretary for analysis and use by the Financial Crimes Enforcement Network for criminal law enforcement purposes without customer notice. Amends the Controlled Substances Act (CSA) to transfer control of the Drug Pollution Fund from the Secretary of the Treasury to the Secretary of Agriculture. Title IV: Drug Testing - Amends the Federal criminal code to require: (1) the Director of the Administrative Office of U.S. Courts to establish a program of drug testing of Federal offenders on postconviction release, including such standards and guidelines as deemed necessary to ensure the reliability and accuracy of such programs; and (2) the chief probation officer, in each district where it is feasible, to arrange for the drug testing of defendants on postconviction release pursuant to a conviction for a felony or other specified offenses. Requires the court to provide, as an explicit condition of a sentence of probation for a felony, an offense involving a firearm, a drug or narcotic offense, or a crime of violence, that the defendant refrain from any unlawful use of a controlled substance and submit to periodic drug tests. Specifies that: (1) this latter condition may be suspended or ameliorated upon request of the Director or the Director's designee; and (2) a defendant who tests positive may be detained pending verification of a drug test result. Sets forth similar requirements with respect to the supervised release and parole of persons convicted of such offenses. Provides for the revocation of probation, supervised release, and parole for unlawfully using a controlled substance or refusing to cooperate in drug testing. Amends the Omnibus Crime Control and Safe Streets Act of 1968 (Omnibus Act) to condition eligibility for drug control and system improvement grants on a State's implementation of a drug testing program for targeted classes of persons subject to charges, confinement, or supervision by the State (but does not require the State to expend an amount for drug testing in excess of ten percent of the minimum amount which such State is eligible to receive under such Act). Directs the Attorney General to promulgate regulations to implement such provision and to ensure the reliability and accuracy of drug testing programs. Title V: Other Law Enforcement System Improvements - Drug Law Enforcement System Improvements Act of 1991 - Provides for enhanced penalties for drug trafficking in prisons. Amends the Anti-Smuggling Act of 1935 to provide that prima facie evidence that a vessel, vehicle, or other conveyance is being, has been, or is attempted to be employed in smuggling or to defraud the revenue of the United States shall be the fact that a vessel fails to display lights under specified circumstances and, in the case of a vehicle or other conveyance, that it has a compartment or equipment that is built or fitted for smuggling and is not part of the normal vehicle configuration. Amends the Tariff Act of 1930 to make the penalty for failure to declare a controlled substance 1,000 percent of the value of the article (as under current law) or $500, whichever is greater. Amends the Anti-Drug Abuse Act to make amendments with respect to certain Internal Revenue Service undercover operations effective upon the date of the enactment of this Act. Amends the CSA to authorize the Attorney General to bring a civil action against any person who violates drug paraphernalia provisions of such Act and to assess a civil penalty of up to $100,000 and grant other appropriate (including injunctive) relief. Specifies that if a defendant is found by the court to be in possession of a controlled substance, thereby violating such defendant's probation, the court shall resentence such person to a sentence that includes a term of imprisonment (under current law, to not less than one-third of the original sentence). Amends the Controlled Substances Import and Export Act (CSIEA): (1) and the CSA to make penalties applicable to offenses involving less than 50 kilograms of marihuana applicable with respect to less than 50 kilograms of a mixture or substance containing a detectable amount of marihuana; and (2) to reduce from 100 to 50 the number of marihuana plants needed to qualify for specified penalties. Adds drug conspiracies and attempts and serious crack possession offenses by juveniles as warranting adult prosecution. Makes serious drug offenses by juveniles predicates to punishment under the Armed Career Criminal Act. Adds certain drug offenses as requiring fingerprinting and records for recidivist juveniles under the CSA and CSIEA. Amends the CSA and CSIEA to require that persons violating specified CSA provisions after two or more prior convictions for a felony drug offense have become final be sentenced to a mandatory term of life imprisonment without release and be fined under such Act. Increases penalties for a second offense of distributing drugs to a minor. Amends the Omnibus Act to authorize States to request a waiver of the four-year limitation for effective Bureau of Justice Assistance projects, subject to specified limitations.
United States · United States Congress · 11 September 1991
Area Health Education Centers Reauthorization Act of 1991 - Amends the Public Health Service Act to specify a term of six years for agreements establishing area health education centers (AHECs). Modifies the purposes of AHECs, including serving high-impact areas and States as well as border areas close to Mexico. Mandates, if available in the area, participation of a school of public health. Authorizes agreements for the planning, development, and operation of State-supported AHECs. Authorizes appropriations.
United States · United States Congress · 2 August 1991
Rescinds appropriations made available by the Department of the Interior and Related Agencies Appropriations Act, 1991 for: (1) Native Hawaiian Culture and Arts, to develop and stimulate sales of Native Hawaiian handicrafts; (2) planning and construction of certain Federal and non-Federal projects at America's Industrial Heritage Park, Pennsylvania; (3) construction of a museum at the Cordell Hull residence in Tennessee; (4) restoration of the Keith Albee Theatre, Huntington, West Virginia; and (5) rehabilitation of locomotive artifacts at Steamtown, Pennsylvania. Rescinds appropriations made available by the Department of Transportation and Related Agencies Appropriations Act, 1991, for: (1) a bicycle transportation project in Macomb County, Michigan; and (2) Biscayne Boulevard renovation in Miami, Florida. Rescinds appropriations made available by the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1991 for a performing arts and cultural center in North Miami Beach, Florida. Rescinds appropriations made by the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991 for: (1) the International Fund for Ireland; and (2) the retirement of debt owed by the University of Central America to the Inter-American Development Bank. Rescinds appropriations made by the Legislative Branch Appropriations Act, 1991 for: (1) the layout of fitness facilities for House office buildings; (2) the upgrade of the Senate subway system; and (3) modular furniture for Senate office buildings. Rescinds appropriations made by the Rural Development, Agriculture, and Related Agencies Appropriations Act, 1991 for a fish farming station in Stuttgart, Arkansas. Rescinds appropriations made by the Department of Defense Appropriations Act, 1991 for the design and construction of a parliament building in the Solomon Islands.
United States · United States Congress · 2 August 1991
Amends rule X of the Rules of the House of Representatives to prohibit a Member of the House from serving on any particular committee for more than 12 years. Disregards service performed on such committee for less than a full session of Congress and service performed prior to the beginning of the 103d Congress.
United States · United States Congress · 1 August 1991
Facilities Enhancement and Construction Act of 1991 - Amends the Higher Education Act of 1965 with respect to construction, reconstruction, and renovation of academic facilities. Directs the Secretary of Education (the Secretary) to provide grants to: (1) bring facilities into conformance with Federal, State, and local laws requiring removal of barriers to full participation by disabled individuals; and (2) renovate libraries to promote the use of new technologies and preservation of library materials. Allows priority to be given to projects involving the renovation of facilities. (Such priority is currently required.) Authorizes appropriations for grants for construction, reconstruction, and renovation of academic facilities for undergraduates, graduate students, and academic housing, and other educational facilities generally, as well as for grants to pay interest on debt. Revises the grants program for the construction, reconstruction, and renovation of undergraduate academic facilities. Eliminates provisions for: (1) formula allotment of such grant funds to States submitting State plans; and (2) specified reserved portions for public community colleges and technical institutes and the remainder to other institutions of higher education. Limits the total payment for any fiscal year made to institutions of higher education in any State to not more than 12.5 percent of appropriations for such grants. Requires the Secretary, in making grants, to use a national peer review panel broadly representatives of all types and classes of institutions of higher education in the United States. Limits grant amounts to not more than 50 percent of the development cost of a project, and prohibits the use of funds or resources provided through Federal programs to meet the institution's share of the supported program. Retains provisions for use of a portion of grant funds for maintenance and upgrading of research and instructional instrumentation and equipment and of equipment and structural changes to ensure their proper functioning. Expands the program of loans for construction, reconstruction, and renovation of academic, housing, and other educational facilities to include graduate (as well as undergraduate) institutions, housing, and facilities. Prohibits the making of any such loan unless the Secretary finds that at least 20 percent of the development cost of a project will be financed from non-Federal sources. Extends to borrowers of all such loans the option to repay at a discount if specified conditions are met. (Currently such option applies only to loans made before October 1, 1986.) Reduces from ten to five years the period during which an institution may not receive such a loan for any facility on its campus after it has received a loan for another facility on such campus.
United States · United States Congress · 1 August 1991
Expresses the sense of the Congress that at least three of the remaining 15 States should ratify the proposed second amendment to the Constitution which would delay the effect of any law which varies the compensation of Members of Congress until the next election of Representatives (these States are Alabama, California, Hawaii, Illinois, Kentucky, Massachusetts, Michigan, Mississippi, Missouri, Nebraska, New Jersey, New York, Pennsylvania, Rhode Island, and Washington).
United States · United States Congress · 31 July 1991
Amends title XVIII (Medicare) of the Social Security Act to limit Medicare coverage of chiropractic services to certain spinal manipulations and physical examinations and X-rays furnished to an individual to determine if spinal manipulations are appropriate therapy, conducted by State-licensed chiropractors who are legally authorized by the State to provide such services.
United States · United States Congress · 31 July 1991
Economic Growth Act of 1991 - Title I: Investment and Job Creation Incentives - Subtitle A: Reduction in Capital Gains Tax for Individuals - Amends the Internal Revenue Code to allow a capital gains deduction for individuals for assets held from one to three years. Provides special rules for the gain or loss from the sale or exchange of collectibles and sales of interest in partnerships. Disallows such deduction in computing the alternative minimum tax. Revises the formula for determining gain from the dispositions of certain depreciable realty to take into account depreciation adjustments (adjustments allowed or allowable for exhaustion, wear and tear, obsolescence, or certain amortization). Subtitle B: Inflation Adjustment for Investments - Requires indexing, based on the consumer price index, of the adjusted basis of certain assets (corporate stock and tangible property that is a capital asset of property used in a trade or business after April 15, 1991) that have been held for more than one year at the time of sale or other transfer, solely for the purpose of determining gain or loss. Provides for the inflation adjustment treatment of: (1) short sales; (2) regulated investment companies and real estate investment trusts; and (3) partnerships, S corporations, and common trust funds. Prohibits gain from the sale or other disposition of an indexed asset from being taken into account under the limitation on investment interest. Subtitle C: Enterprise Zones - Part I: Designation - Authorizes the Secretary of Housing and Urban Development (Secretary) to designate enterprise zones for purposes of providing tax and regulatory relief and improving local services. Limits choices to areas nominated by States and local governments. Limits the total number of areas that may be designated, and the time period of the designation. Authorizes the Secretary to designate a zone only if the area meets certain locational, demographic, unemployment, and poverty criteria. Requires nominating local governments, as a condition of the Secretary's designation, to agree in writing to follow a course of action that may include reducing tax rates, improving local services, simplifying or streamlining regulation of business, and providing job training to area residents. Describes areas to which the Secretary must give preference in selecting areas for designation. Requires the Secretary to report to the Congress every two years on the effects of such enterprise zones' designation in accomplishing the purposes of this Act. Part II: Federal Income Tax Incentives - Allows a nonrefundable income tax credit to enterprise zone employees for five percent of any wages earned as do not exceed a specified amount. Phases out such credit. Provides for the nonrecognition of capital gain on the sale of enterprise zone property. Allows a taxpayer a deduction on the aggregate amount paid for the purchase of enterprise stock on its original issue by a qualified issuer. Requires any gain from the disposition of the stock to be treated as ordinary income. Excludes enterprise zone capital gains from income computation of alternative minimum taxes. Part III: Regulatory Flexibility - Amends Federal law to revise the definition of "small entity" for purposes of the analysis of regulatory functions to include qualified business, government, and nonprofit enterprises operating within enterprise zones. Authorizes Federal agencies, upon request by a designating government, to waive or modify rules and regulations pertaining to the implementation of projects or activities within an enterprise zone. Requires agencies to approve the request if the resulting benefits of job creation, community development, or economic revitalization outweigh the public interest in retaining the rule unchanged. Disallows waiver or modification of a rule that would directly violate a statutory requirement or present a danger to the public health and safety. Part IV: Establishment of Foreign-Trade Zones in Enterprise Zones - Requires the Foreign-Trade Zone Board to consider on a priority basis and to expedite the processing of applications for the establishment of foreign-trade zones within enterprise zones. Requires the Secretary of the Treasury to give priority to, and expedite applications for, the establishment of ports of entry necessary to establish such zones. Part V: Repeal of Title VII of the Housing and Community Development Act of 1987 - Repeals title VII (enterprise zone development) of the Housing and Community Development Act of 1987. Subtitle D: Research and Experimentation Credit Made Permanent - Makes permanent the tax credit for increasing research activities and the tax credit for clinical testing expenses. Title II: Savings Incentives - Allows individuals to establish individual retirement plus accounts with tax treatment similar to that for individual retirement plans. Makes contributions to such accounts nondeductible. Allows existing individual retirement accounts (IRA) to be rolled over into individual retirement plus accounts with payment of tax on the amount rolled over for which a deduction was once allowable, but no tax when withdrawn. Title III: Homeownership Incentives - Subtitle A: First-Time Homebuyers - Allows a tax credit for the first-time purchase of a principal residence by individuals with incomes of $31,000 or less (phased-out to incomes of up to $41,000). Limits such credit to $1,000. Subtitle B: Penalty-Free IRA Plus Withdrawal for Home Purchase, Higher Education, and Health Costs - Allows penalty-free distributions from IRA Plus accounts of up to 25 percent of the account limit for: (1) first-time homebuyers; (2) medical expenses; and (3) higher education expenses. Title IV: Work Incentives - Subtitle A: Reduction in Social Security Penalty on Working Elderly - Amends title II of the Social Security Act (Federal Old-Age, Survivors, and Disability Insurance Benefits) to raise the earnings limit for retirees. Appropriates to each payor fund amounts equivalent to the aggregate increase in social security benefits payable from such fund which is attributable to such amendment. Directs the Secretary of Health and Human Services to study during 1997 whether further amendments relating to deductions on account of work and the exempt amount under the earnings limit are necessary or appropriate. Subtitle B: Economic Growth Dividend - Requires any economic growth dividend (as determined by the Secretary of the Treasury) to be used to increase the personal exemption amount. Requires, after 1995, all revenues resulting from real growth in the gross national product greater than three percent to fund an increased personal exemption. Requires, for fiscal years beginning on or after October 1, 1992, and before October 1, 1995, that 50 percent of such dividend be used to increase the personal exemption amount and the other 50 percent be used to make a downward adjustment in the maximum deficit amount.
United States · United States Congress · 31 July 1991
Marine Mammal Public Display Reform Act of 1991 - Amends the Marine Mammal Protection Act of 1972 to prohibit issuance of a permit for the taking of any marine mammal in the waters of a State for public display if: (1) issuance of the permit would be inconsistent with State law; and (2) the Governor of such State submits to the Secretary of the department in which the National Oceanic and Atmospheric Administration is operating and the Secretary of the Interior notice of disapproval of the issuance of such permit.
United States · United States Congress · 31 July 1991
Department of the Environment Act of 1991 - Redesignates the Environmental Protection Agency as the Department of the Environment, an executive agency to be administered by a Secretary of the Environment.
United States · United States Congress · 31 July 1991
Tax Fairness and Accountability Act of 1991 - Amends the Congressional Budget Act of 1974 to require any legislation that increases the tax rate, the tax base, or the amount of income subject to tax, or decreases a deduction, exclusion, or credit to be approved in the House of Representatives and the Senate by an affirmative vote of three-fifths of its Members.
United States · United States Congress · 31 July 1991
Establishes a Joint Committee on the Organization of the Congress to: (1) make a full and complete study of the organization and operation of the Congress; and (2) recommend improvements in such organization and operation with a view toward strengthening its effectiveness, simplifying its operations, improving its relationships with other branches of the Government, and improving the orderly consideration of legislation. Requires a report to the Senate and the House of Representatives not later than the adjournment sine die of the 102d Congress.
United States · United States Congress · 29 July 1991
Alzheimer's Disease and Related Dementias Research Amendments of 1991 - Amends the Alzheimer's Disease and Related Dementias Services Research Act of 1986 to rename the Act as the Alzheimer's Disease and Related Dementias Research Act of 1991. Changes, with regard to the Council on Alzheimer's Disease: (1) the composition and designated chair; (2) Council duties; and (3) congressional reporting requirements. Replaces, on the Advisory Panel on Alzheimer's Disease, the Director of the National Center for Health Services Research and Health Care Technology Assessment with the Administrator of the Agency for Health Care Policy and Research. Provides for staggered terms for Panel members. Modifies: (1) vacancy procedures; (2) minimum meeting frequency; and (3) compensation requirements. Abolishes the Panel on September 30, 1994. Authorizes appropriations. Alters the Alzheimer's disease research responsibilities of: (1) the National Institute of Mental Health; and (2) the Agency for Health Care Policy and Research. Authorizes appropriations. Amends the Public Health Services Act to allow Federal payments to Alzheimer's disease centers to be used for construction of the centers, but not for land acquisition. Authorizes appropriations.
United States · United States Congress · 29 July 1991
Medicare Physician Payment Reform Amendments of 1991 - Amends title XVIII (Medicare) of the Social Security Act to revise the transition rules for phasing in the resource-based relative value scale (RB RVS) method of payment for physician services to prohibit adjustments for asymmetry in the transition and for behavioral responses. Declares spending under this Act to be an emergency requirement under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) and exempt from sequestration.
United States · United States Congress · 25 July 1991
Fairness in Product Liability Act of 1991 - Governs any product liability action brought in either State or Federal court against a manufacturer or product seller on any theory for harm caused by a product, superseding State law in specified ways and degrees. Makes a product seller liable only if the seller: (1) failed to exercise reasonable care regarding the product, and the failure was the proximate cause of the harm; (2) made an express warranty, independent of any express warranty by the manufacturer, the product failed to conform to the warranty and the failure caused the harm; or (3) engaged in international wrongdoing which was a proximate cause of the harm. Makes a product seller liable as if the seller were the manufacturer if: (1) the manufacturer is not subject to service of process under State laws; or (2) a court determines the claimant would be unable to enforce a judgment against the manufacturer. Allows, in certain circumstances, a complete defense of alcohol or controlled substance use. Reduces damages by the percentage of harm attributable to misuse or alteration of a product by any person, subject to exception involving misuse or alteration by the claimant's employer or coemployees. Allows punitive damages against a manufacturer or seller for conscious, flagrant indifference to user safety. Prohibits, in certain circumstances, punitive damages regarding a drug or device, as defined in the Federal Food, Drug, and Cosmetic Act, unless packaging of a drug is substantially out of compliance with tamper-resistant packaging regulations. Declares manufacturer or seller liability to be several and not joint for noneconomic damages. Requires a product liability action to be brought within two years after the harm and its cause is, or with reasonable diligence should have been, discovered. Sets the time limit at 25 years for products which are capital goods. Requires offset of workers' compensation benefits. Sets forth rules regarding subrogation, contribution, indemnity, and liens. Provides for tort actions against employers. Prohibits U.S. district courts from having jurisdiction under specified provisions of Federal law over any civil action arising under this Act.
United States · United States Congress · 25 July 1991
Individuals with Disabilities Education Act Amendments of 1991 - Amends the Individuals with Disabilities Education Act (IDEA) to allow States to opt to include under the definition of "children with disabilities," for children aged three through five, those who need special education and related services because they are experiencing delays in one or more following areas of their development: physical, cognitive, communication, social or emotional, or adaptive. Increases the amount of Assistance for Education of All Handicapped Children grant funds which a State may use for administrative costs. Revises provisions relating to Indian reservations. Requires that payments by the Secretary of Education (the Secretary) to the Secretary of the Interior are to meet assistance needs for the education of children with disabilities aged five through 21 on reservations who are enrolled in elementary and secondary schools for Indian children operated or funded by the Secretary of the Interior. Allows Bureau of Indian Affairs (BIA) schools which are State-accredited to count Indian students aged three through five enrolled in affiliated programs for the purpose of funds distribution. Makes the Secretary of the Interior responsible for meeting all assistance requirements for such children. Makes the State educational agency (SEA) responsible for ensuring that all such requirements are implemented with respect to all other children aged three through 21 on reservations. Revises requirements for the application by the Secretary of the Interior for the allotment payment, including additional requirements for information, coordination, and cooperation in monitoring and oversight. Directs the Secretary to make payments to the Secretary of the Interior for distribution to tribes or tribal organizations or consortia to provide for the coordination of assistance for special education and related services for children aged three through five on reservations served by elementary and secondary schools for Indian children operated or funded by the Department of the Interior. Sets forth formulas for such distribution. Requires such funds to be used to assist in child find, screening, and other procedures for the early identification of children aged three through five, parent training, and direct services. Requires the tribe or tribal organization to report biennially to the Secretary of the Interior on the activities undertaken with such funds. Directs the Secretary of the Interior to offer and, on request, provide technical assistance (especially in the areas of child find, diagnosis, and referrral) to State, local, and intermediate educational agencies, and tribes and tribal organizations. Prohibits specified assistance funds from being used by the Secretary of the Interior for administrative purposes, including child count, and the provision of technical assistance. Directs the Secretary of the Interior, before January 1, 1992, to submit to specified congressional committees a plan for the coordination of services, from whatever source, for all Indian children with disabilities residing on reservations covered under IDEA. Directs the Secretary of the Interior to establish under the BIA an advisory board on education and provision of services to Indian infants, toddlers, children, and youth with disabilities. Requires State plans to set forth policies and procedures relating to the smooth transition for those participants in the early intervention program who will participate in preschool programs under IDEA, including a method of ensuring development and implementation, by a child's third birthday, of an individualized education program or, if consistent with specified provisions, an individualized family service plan. Revises application requirements to allow the local or intermediate educational agency, if this is consistent with State policy and has the concurrence of parents or guardian, to establish, annually review, and revise an individualized family service plan (as an alternative to an individualized education plan) for each child with a disability, aged three through five. Revises provisions for preschool grants to increase to $1,500 (from $1,000) the maximum limit on a preschool grant to a State per child with a disability, aged three through five. Allows a State to opt to use a certain portion of its preschool grant to provide a free public education to two-year-old children with disabilities who will reach age three during the school year, whether or not they are receiving or have received services under the early intervention program (also allows the local or intermediate educational agency to use its preschool grant funds from the State for such purpose, if consistent with State policy). Provides that early intervention program provisions do not apply to any child with disabilities receiving a free public education with funds received under preschool grants provisions. Revises IDEA provisions for early education for children with disabilities to include program services and activities for: (1) individuals at risk of having substantial developmental delays if early intervention services are not provided; (2) outreach to low-income, minority, rural, and other underserved populations eligible for assistance under IDEA; and (3) supporting statewide projects in conjunction with an early intervention plan and preschool grant application, to change from segregated to integrated environments the delivery of early intervention services to infants and toddlers with disabilities and of special education and related services to preschool children with disabilities. Directs the Secretary to fund up to five grants to States for three years to establish a statewide interagency, multidisciplinary, coordinated system to identify, track, and refer to appropriate services all categories of children who are biologically and/or environmentally at-risk of having developmental delays. Sets forth requirements for grantees. Revises provisions for personnel training and parent training and information. Directs the Secretary to fund up to five grants to States or other entities to support formation of a consortium or partnerships of public and private entities to provide opportunities for career advancement and/or competency-based training for current workers at public and private agencies providing services to infants, toddlers, children, and youth with disabilities. Sets information dissemination requirements and authorized uses of funds. Provides for award of a cooperative agreement through a separate competition to an entity to provide technical assistance to grantees. Requires grantees to give priority to providing specified parent training and information services to parents of children aged zero through five. Requires the Secretary, in ensuring that parent training and information grants will serve parents of minority children with disabilities representative to the proportion of the minority population in the areas being served, to specify: (1) the special efforts that will be undertaken to involve parents of such children; and (2) budgetary items earmarked for ensuring such services. Requires the Secretary to obtain data on the number of parents served under such parent training and information programs who are parents of children with disabilities aged zero through five. Increases the amounts authorized to be appropriated for FY 1992 through 1994 for provisions for training personnel for the education of individuals with disabilities. Revises definitions, under provisions for early intervention services for infants and toddlers with disabilities, to include references to the following developmental needs: communication, social or emotional, and adaptive. Includes among early intervention services: vision services, assistive technology devices and services, and transportation and related costs. Includes among qualified personnel: family therapists, orientation and mobility specialists, and pediatricians and other physicians. Requires that early intervention services, to the maximum extent appropriate, be provided in natural environments, including the home, and community settings in which children without disabilities participate. Authorizes differential funding for the fourth or fifth year of grant allotments to States under the early intervention program for handicapped infants and toddlers (from birth to age two), thus allowing certain States to continue their participation in such program under specified conditions. Allows States that have not met all or some of fourth or fifth year requirements to request extended participation for such years and, if such request is approved by the Secretary of Education, receive an allotment for such years in an amount set at a specified earlier, lesser rate. Provides for reallotment of the resultant excess funds to States that have met all the requirements for such years and that will consequently be receiving the full grant allotment for such years, as well as such additional funds from their portion of such reallotment. Revises requirements for a statewide system of services, under the early intervention program, include reference to service coordination (rather than case management) services under the individualized family service plan. Requires the comprehensive system of personnel development to: (1) include training of paraprofessionals; and (2) be consistent with the preschool system. Revises the lead State agency responsibilities to: (1) include monitoring compliance of programs and activities used by the State to carry out the early intervention program whether or not these are receiving assistance; and (2) provide for assignment of fiscal responsibility to the appropriate agencies in accordance with provisions for State designation of an individual entity to make such assignment. Revises part H requirements for the State application and assurances. Requires such application to also include: (1) a designation by the State of an individual or entity responsible for assigning financial responsibility among appropriate agencies; (2) a description of the policies and procedures used to ensure a smooth transition for participants in early intervention programs who are eligible to participate in preschool programs, including how the families will be included in transitional plans and how the early intervention programs who are eligible to participate in preschool programs, including how the families will be included in the transitional plan and how the early intervention lead agency will notify the appropriate local or intermediate educational agency at least 90 days before such child is eligible for the preschool program in accordance with State law; and (3) a description of the policies and procedures used to review the child's program options, for the period beginning in the day the child turns three years old through the remainder of the school year, and to establish a transition plan. Requires the State, beginning in FY 1992, to assure that policies and practices have been adopted to ensure meaningful involvement of traditionally underserved families, including minority, low-income, and rural families, in early intervention planning and implementation and access of such families to culturally competent services within their local areas. Allows a State to use early intervention program funds to provide a free appropriate public education, in accordance with preschool program provisions, to children with disabilities in the transitional period from their third birthdays to the beginning of the following school year. Revises early intervention statewide system procedural safeguards to also include the rights of parents or guardians to: (1) written notice of and written consent to the exchange of personnally identifiable information among agencies, consistent with Federal and State laws; and (2) determine whether they, their infant or toddler, or other family members will accept or decline any early intervention service in accordance with State law without jeopardizing other such early intervention services. Revises early intervention requirements relating to State Interagency Coordinating Council: (1) membership composition and numbers; (2) chairperson; (3) functions (adding advice and assistance in toddlers transition to preschool programs and in provision of appropriate services for children from birth through age five); and (4) expenditures (including child care for parent representatives). Revises early intervention requirements for allocation of funds among tribal organizations or consortia. Requires such funds to be used to assist States in child find, screening, and other procedures for the early identification of Indian children aged zero through two, and for parent training. Allows such funds to be used also to provide early intervention services. Requires the tribe or tribal organization to report biennially to the Secretary of the Interior on the activities undertaken with such funds. Directs the Secretary of the Interior to include a summary of such information, biennially, with other specified information required to be submitted to the Secretary of Education. Authorizes the Secretary of Education to require any additional information from the Secretary of the Interior. Prohibits any of such early intervention funds from being used by the Secretary of the Interior for administrative purposes, including child count, and the provision of technical assistance. Extends through FY 1994 the payment of State allotments for early intervention program services. Provides that each State shall receive at least a specified minimum amount in such allotment. Extends through FY 1994 the authorization for early intervention program services. Directs the Secretary of Education (the Secretary) to establish a Federal Interagency Coordinating Council, for early intervention services for infants and toddlers with disabilities and their families and preschool services for children with disabilities, to: (1) minimize duplication of programs and activities at Federal, State, and local agency levels; (2) coordinate Federal agency programs and policies and technical assistance and support to States; and (3) identify gaps in programs and services and barriers to Federal interagency cooperation and program operation. Directs the Secretary to: (1) undertake a study to identify alternative formulas allocating early intervention program funds, including specified analyses; and (2) transmit the study and a report on it to specified congressional committees by March 1, 1993. Amends both Federal law relating to impact aid and the Defense Dependents Education Act of 1978 to require that IDEA provisions for early intervention services and preschool public education apply, respectively, to infants and toddlers age birth through two with disabilities and children aged three through five with disabilities who are military dependents served under such law and such Act. Makes various technical amendments and changes in terminology in IDEA, and updates various Federal laws' references to IDEA. Increases the amount of funds which a State may use for administrative costs under certain IDEA provisions.
United States · United States Congress · 25 July 1991
Resolution Trust Corporation Public Audit Act - Makes funds provided to cover losses incurred by the Resolution Trust Corporation (RTC) as conservator or receiver unavailable until completion of the General Accounting Office audit of the RTC's 1990 operations.
United States · United States Congress · 24 July 1991
Toxic Cleanup Equity and Acceleration Act of 1991 - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to absolve municipalities or other persons from liability to any person other than the United States for claims of contribution or other response costs or damages related to the generation or transportation, or arrangement for the transportation, treatment, or disposal of municipal solid waste or sewage sludge unless there is a basis for liability under provisions governing owners or operators. Prohibits the President from initiating or maintaining an action against any person (other than owners or operators) in the absence of exceptional circumstances. Provides that exceptional circumstances exist where the President obtains evidence that: (1) the release of hazardous substances on which liability is based is not that ordinarily found in municipal solid waste or sewage sludge and the hazardous substances were derived from a commercial, institutional, or industrial process or activity; (2) the total contribution to the site of hazardous substances from such activities is insignificant in terms of volume and toxicity when compared to the volume and toxicity of the municipal solid waste and sewage sludge; or (3) absent the contribution of such substances, the contribution of hazardous substances from the municipal solid waste and sewage sludge would be a significant cause of the release that will result in the response action. Authorizes the President, when the release involves trash from commercial, institutional, or industrial sources, to require persons handling such materials to provide evidence that the general composition and toxicity of the trash are similar to those of waste generated by households. Authorizes a municipality, whenever an administrative or judicial action is brought against the municipality for acts or omissions concerning the handling of municipal solid waste or sewage sludge, to request the President to settle the municipality's potential liability for response costs or damages to natural resources. Prohibits an action from being commenced or pursued during the period the President is considering the settlement request. Limits permissible reasons to fail to reach a settlement to one or more of the following: (1) the settlement offer from the municipality does not meet the cost allocation criteria; (2) the municipality refuses to agree to settlement terms required in consent decrees; or (3) insufficient information exists to permit a cost allocation. Provides that if the President completes a settlement with a party other than the municipality requesting a settlement, such settlement creates a rebuttable presumption that the President cannot invoke insufficient information as a reason for failing to settle with the municipality concerning matters addressed in the other party's settlement. Provides that settlements shall: (1) require the municipality to pay for costs based on the quantity of hazardous constituents in municipal solid waste and sewage sludge, subject to a certain condition; (2) limit a municipality's payments if such payments would force a municipality to dissolve, declare bankruptcy, or default on debt obligations; and (3) be reached even in the event that a municipality may be liable for response costs or damages in other actions. Requires the President to provide a covenant not to sue with respect to the facility concerned to any municipality which has entered into a settlement. Directs the President to prepare a nonbinding preliminary allocation of responsibility (based on the quantity of hazardous constituents in municipal solid waste and sewage sludge) upon the request of a municipality. Applies this Act to all administrative or judicial actions commenced before this Act's effective date, unless a final court judgement has been rendered or a court-approved settlement agreement has been reached.
United States · United States Congress · 22 July 1991
Petroleum Marketing Competition Enhancement Act - Amends the Petroleum Marketing Practices Act to prohibit a refiner from: (1) selling motor fuel to a customer for resale (customer) at a price higher than the refiner's adjusted retail price for the same or a similar grade or quality of motor fuel sold from a direct operated outlet in the same geographic area (sale of fuel at higher prices); and (2) entering into a scheme or agreement to set, change, or maintain maximum retail prices of motor fuel, except with respect to a refiner's retail sales at its direct operated outlets. Requires that: (1) in comparing a refiner's adjusted retail price to a refiner's price to other customers, adjustments be made to account for differences in freight, taxes, and inspection fees, whether or not the items are separately listed as part of the price; and (2) if a refiner includes consumer credit as part of its price, an adjustment for the cost of such credit be made in comparing the prices. Sets forth enforcement provisions, including: (1) proceedings by the Attorney General (establishes fines ranging from $5,000 to $25,000 for each violation, and authorizes civil actions and equitable relief); (2) private civil actions, including class actions, (and establishes a right to jury trial); and (3) proceedings by State attorneys general. Allows a person bringing an action to enforce provisions concerning the sale of fuel at higher prices to establish a prima facie case by showing that the refiner has sold motor fuel to a customer at a price that is higher than: (1) 94 percent of its consumer retail price per gallon (or, in the event of a sale to a branded wholesaler, 90 percent); or (2) the refiner's consumer retail price per gallon less the most recently available average retail operating expenses per gallon (and, in the event of a sale by a refiner to a branded wholesaler, also less the most recently available average wholesale operating expenses per gallon for the State in which the consumer retail price was charged). Specifies that: (1) in the event that the relevant State has not conducted an annual survey (pursuant to this Act) to determine the average retail or average wholesale operating expenses, the average operating expenses for the retail and wholesale petroleum industry, as determined by the Secretary of Energy, shall be used; and (2) such prima facie case may be overcome by a preponderance of evidence that the refiner's actual retail and average wholesale operating expenses, if applicable, are less than the evidence presented by the plaintiff to establish such prima facie case. Directs the Secretary to conduct an annual survey to determine the average retail and average wholesale operating expenses per gallon for the petroleum industry. Permits a State or State agency to authorize an annual State survey to reflect local conditions with respect to motor fuels sold to the public in that State. Directs that any such survey regarding: (1) retail operating expenses and actual wholesale operating expenses be based upon all direct and indirect expenses attributable to the sale of a gallon of motor fuel to the public by direct and nondirect operated outlets; and (2) wholesale operating expenses be based on all direct and indirect expenses attributable to the wholesale sale of a gallon of motor fuel by a refiner or a branded wholesaler to a branded dealer.
United States · United States Congress · 18 July 1991
Amends the Higher Education Act of 1965 (HEA) to revise provisions for direct loans to students in institutions of higher education (Perkins Loans) to provide for cancellation of a percentage of such loan debt on the basis of years of qualifying service as a full-time qualified provider of early intervention services for individuals with disabilities, in a public or other nonprofit program under public supervision by a lead agency under specified provisions of the Individuals with Disabilities Education Act (IDEA). Revises the HEA provision for such debt cancellation for full-time teachers of infants, toddlers, children, or youth with disabilities to conform to the IDEA definition (the current HEA provision refers to handicapped children).
United States · United States Congress · 11 July 1991
Access to Life-Saving Therapies Act - Amends the Federal Food, Drug, and Cosmetic Act to direct the Secretary of Health and Human Services, through the Food and Drug Administration, to approve, at the request of the sponsor and on an expedited basis, a drug or biologic needed to treat or prevent a life threatening disease or seriously debilitating illness if the drug or biologic meets certain conditions, including some indications of effectiveness and safety and a lack of alternative satisfactory therapy. Deems an application under the amendments made by this Act approved unless other action is taken within 120 days. Prohibits any health insurance policy or plan from distinguishing, for the purpose of determining whether a drug is eligible for coverage or reimbursement, between a drug approved under the amendments made by this Act and one approved under specified other provisions of the Public Health Service Act. Mandates suspension of approval under the amendments made by this Act if at least two subsequent studies fail to confirm the initial safety and efficacy conclusions. Requires written informed consent for administration of a drug approved under amendments made by this Act.
United States · United States Congress · 11 July 1991
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
Jacob Wetterling Crimes Against Children Registration Act - Directs the Attorney General to establish a State program and guidelines requiring persons convicted of a criminal offense against a minor to register a current address with a designated State law enforcement agency (LEA) for ten years after release from prison, parole, or being placed on supervised release. Sets forth requirements for an approved State registration program, including: (1) requirements that a State prison officer inform a released person of the duty to register and provide a designated State LEA with any new address in writing within ten days, obtain a fingerprint card and photograph if not already obtained, require the person to read and sign a form stating that the duty to register has been explained, and forward such information to a designated State LEA (which shall immediately enter the information into the State law enforcement system and National Crime Information Center computer networks and notify the appropriate LEA having jurisdiction where the person expects to live); (2) annual address verification by the designated State LEA; and (3) notification of LEAs having jurisdiction over a released person's new address. Provides that: (1) a person required to register who violates any requirement of a State program established by this Act shall be subject to criminal penalties in such State (recommends at least six months' imprisonment); and (2) the information provided under this Act is private and may be used for law enforcement purposes, including confidential background checks by child care services providers. Specifies that the allocation of Bureau of Justice Assistance grant funds under the Omnibus Crime Control and Safe Streets Act of 1968 received by a State not complying with the provisions of this Act three years after the enactment of this Act shall be reduced by 25 percent. Requires such unallocated funds to be reallocated to the States in compliance with this Act.
United States · United States Congress · 27 June 1991
Expresses the sense of the Congress that: (1) the Republic of Hungary has successfully made a peaceful transition from socialist dictatorship to Western democracy; (2) all political parties in the Hungarian Parliament are dedicated to the principles of human rights and free markets and the Hungarian Government fully desires to integrate the country into the free world of nations; and (3) Hungary has renounced the hostile and confrontational military posture of the now-defunct Warsaw Pact. Declares that, upon the final withdrawal of Soviet troops from Hungarian territory (scheduled for June 1991), Hungary will have regained its freedom from Soviet influence and should no longer be considered a socialist, one-party state, but a representative democracy.
United States · United States Congress · 26 June 1991
Multiple Employer Health Benefits Protection Act of 1991 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to establish certification standards under title I (Protection of Employee Beneift Rights) for multiple employer welfare arrangements (MEWAs) providing health benefits. Treats as employee welfare benefits plans, and exempts from certain restrictions on preemption, a MEWA which provide benefits consisting solely on specified medical care, which is not fully insured, and with respect to which a specified certificate of compliance is in effect or there is pending a complete application for such a certificate and the Secretary of Labor (the Secretary) determines that provision protection under this Act is appropriate. Sets forth requirements for such certificate of compliance, including provisions for: (1) application information and filing fee; (2) issuance of certificate; (3) treatment of party seeking the certificate where the party is subject to disqualification for specified reasons; and (4) franchise networks. Sets forth additional filing requirements, including: (1) notice of material changes; (2) annual reports; (3) engagement of qualified actuary; and (4) filing certificates of compliance with States. Sets forth requirements for disclosures to participating employees. Requires MEWAs with certificates of compliance under this Act and which are not fully insured to maintain specified types of reserves. Requires a specified minimum amount for certain of such reserves. Sets forth transitional rules for meeting escrow requirements. Requires the qualified actuary to include, in determining the amount of such required reserves, a margin for error and other fluctuations taking into account the specific circumstances of such MEWA. Requires such MEWAs to establish and maintain for each plan year aggregate and specific excess/stop loss coverage in a prescribed manner and amount. Sets forth corrective actions which such MEWAs' operating committees must take: (1) to avoid suspension or revocation of certification; or (2) in connection with termination of the MEWA. Sets forth provisions for certification: (1) expiration and renewal; (2) suspension or revocation by the Secretary or under court proceedings; (3) surrender and notification of participating employees; and (4) expiration, suspension, and revocation publication. Sets forth provisions for review of actions by the Secretary with respect to denials of applications for, or suspensions or revocations of, such certificate of compliance. Revises ERISA provisions relating to: (1) a specified exemption from preemption; (2) the definition of plan sponsor; and (3) treatment of single employer arrangements. Directs the Secretary to prescribe an alternative means of distribution of summary plan descriptions by participating employers, in the case of MEWAs. Requires MEWAs which provide medical care health benefits and which are not fully insured and which have not been certified under this Act to file specified registration statements with the Secretary and with the Insurance Commissioner (or similar official) of each State in which they conduct business.
United States · United States Congress · 26 June 1991
World Cup USA 1994 Commemorative Coin Act - Directs the Secretary of the Treasury to issue a specified number of five-dollar gold coins, one-dollar silver coins, and half-dollar clad coins in commemoration of the 1994 World Cup and the unique appeal of soccer. Sets forth certain features of such coins and provides for their design, issuance, and sale. Requires that all sales include a surcharge of $35 per coin for the five-dollar coins, $7 per coin for the one-dollar coins, and $1 per coin for the half-dollar coins. Requires that all surcharges be paid to the Organizing Committee to organize and stage the 1994 World Cup. Requires that ten percent of such funds shall be made available through the U.S. Soccer Federation Foundation, Inc., for distribution to institutions for scholastic scholarships to qualified students.
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 · 20 June 1991
Abandoned Infants Assistance Act Amendments of 1991 - Amends the Abandoned Infants Assistance Act of 1988 to revise and extend various grant programs. Adds as a goal of the comprehensive services under such Act to support of the family in the broadest sense to prevent abandonment of the child. Requires (currently authorizes) the Secretary of Health and Human Services (the Secretary) to make demonstration project grants for foster care and residential care for infants and young children abandoned in hospitals and for abandonment prevention programs. Includes the provision of services to all members of the natural family for any condition that increases the probability of abandonment of an infant or young child, under such demonstration projects to prevent abandonment. Includes coverage of medically fragile children and of the actual expenses of the persons receiving services under such demonstration projects for recruiting, training, and retaining foster families. Includes family support groups, parenting skills training, and various other services under such demonstration projects for natural and foster families of infants and children with acquired immune deficiency syndrome (AIDS), and includes coverage for families of medically fragile children and youth under such provisions. Adds provisions for comprehensive service centers. Directs the Secretary to make demonstration grants from specified funds for a program for public entities to plan, coordinate, and establish model comprehensive service centers. Sets forth requirements for such centers and transition provisions. Requires the Secretary to make demonstration project grants under such Act, subject to availability of funds, for at least three-year periods, with two automatic extensions absent a finding of substantial nonperformance. Revises provisions for evaluations, studies, and reports by the Secretary under such Act. Provides that evaluations of demonstration projects shall be made with specified funds. Adds provisions for special needs dissemination. Directs the Secretary, from specified funds, to enter into contracts or cooperative agreements, with entities that have demonstrated appropriate expertise, to develop model projects for information assistance to special groups of individuals who: (1) show, on a national or State basis, disproportionate risk of dysfunctional behavior that will lead to abandonment of infants or young people covered under such Act, and (2) have been historically underserved in provision of such information. Sets forth contract requirements for types of information services and priorities to be given specified groups. Requires such contracts or agreements to be for at least three-year periods, with two additional consecutive one-year extensions absent a finding of substantial noncompliance. Defines the terms natural family and medically fragile for purposes of such Act. Authorizes appropriations for FY 1992 through 1995 under such Act for: (1) demonstration grants in general; (2) comprehensive service centers; (3) evaluations of demonstration projects; (4) special needs dissemination; and (5) administrative expenses, with specified limitations. Requires such funds to remain available until expended. Repeals a provision for program termination which prohibited any demonstration grant after FY 1991.
United States · United States Congress · 20 June 1991
Professionals' Liability Reform Act of 1991 - Establishes certain limitations and procedures regarding professional liability actions. Preempts certain State laws. Provides that nothing in this Act shall prohibit any State from developing or implementing alternative procedures for: (1) expediting the adjudication of professional liability claims; (2) resolving professional liability disputes; or (3) compensating for harm caused by professional services. Requires professional liability actions to be brought within three years after the claimant discovered, or should have discovered, the harm. Requires the claimant, in any professional liability action, to establish: (1) that the professional negligently rendered professional services and that such negligence was the proximate cause of the harm; or (2) in a claim for economic injury, that the professional negligently rendered professional services to and for the direct and intended benefit of the claimant, and such services were the proximate cause of the harm. Requires the claimant to establish that, at the time such services were provided, knowledge of the circumstances that caused the harm and a practical means to eliminate such circumstances were reasonably available. States that a professional shall not be liable in a professional liability action in which: (1) the professional's services were rendered to an agency of the Federal or State government; (2) Federal or State contract specifications existed which were material to the claim; and (3) the services rendered conformed to such specifications. Permits future damage awards exceeding $100,000 to be made by periodic payments. Requires that damage awards be offset by any amount received as compensation for the same injury. Establishes a contingency fee schedule for plaintiffs' attorneys. States that the principles of comparative liability shall apply unless persons engaged in concerted action which proximately caused the harm. Permits the awarding of punitive damages only where the conduct of the defendant: (1) manifested a malicious and reckless disregard for safety; and (2) constituted an extreme departure from accepted standards of safety. States that punitive damages may not be awarded in the absence of a compensatory award, or for the negligent provision of professional services. Requires the trier of fact, at the request of the professional, to consider in a separate proceeding whether punitive damages are to be awarded. Limits the claimant's actual recovery of punitive damages to three times the amount of compensatory damages. States that excess punitive damages shall be paid to the State or Federal government. Makes any attorney who files a frivolous claim subject to pecuniary sanctions by the court. Requires each State to encourage professional organizations to form risk management programs.
United States · United States Congress · 20 June 1991
Amends the Internal Revenue Code to provide for ordinary-loss treatment for losses on investments in a qualified startup company. Describes such company as one which: (1) manufactures tangible personal property in the United States; (2) does not involve a business acquired from another person; and (3) has not been in existence for more than one taxable year at the time it issued stock.
United States · United States Congress · 20 June 1991
Amends the Internal Revenue Code to provide for the treatment of losses on stock in manufacturing companies as ordinary (as opposed to capital) losses.
United States · United States Congress · 20 June 1991
Amends the Internal Revenue Code to provide an investment tax credit for manufacturing and other productive equipment. Provides for determining the applicable percentage of such credit, which includes an efficiency improvement percentage. Increases the limitation based on the amount of tax for purposes of the general business credit.
United States · United States Congress · 20 June 1991
Capital Gains Incentive Act of 1991 - Amends the Internal Revenue Code to allow a variable capital gains deduction for a taxpayer other than a corporation based upon capital assets held from one to seven years. Requires indexing, based on the gross national product deflator, of the adjusted basis of certain assets (corporate stock and tangible property that is a capital asset of property used in a trade or business) that have been held for more than one year at the time of sale or other transfer, solely for the purpose of determining gain or loss.
![Official portrait of Rep. Klug, Scott L. [R-WI-2]](https://www.congress.gov/img/member/k000274_200.jpg)