United States · United States Congress · 2 August 1991
Middle Income Educational Opportunity Act of 1991 - Amends the Higher Education Act of 1965 (HEA) to establish a Federal Direct Loans program consolidating current student loan programs. (Eliminates the current part D, Income Contingent Direct Loans Demonstration Project.) Directs the Secretary of Education (the Secretary) to carry out a direct loan program (the program) for qualified students at institutions of higher education during the period beginning on July 1, 1994. Directs the Secretary to make program payments for any fiscal year to: (1) each institution of higher education having a program agreement; and (2) the designated lending agent if such an institution designates one. Requires such payments to be made on the basis of the estimated needs of the institution's students, considering their demand and eligibility for subsidized and unsubsidized direct loans under the program. Sets forth program payment rules, in general and for initial payments. Declares that an institution with an approved application and agreement with the Secretary shall be deemed to have a contractual obligation (entitlement) from the United States for making the program payments specified in that application. Sets forth requirements for such applications of and agreements with institutions of higher education. Provides for allowing institutions to designate lending agents to receive advances of program payments. Sets forth types of entities eligible to be designated lending agents. Entitles an institution to a payment for each fiscal year during which it makes student loans under such an agreement in lieu of reimbursement for its expenses in administering its student loan program during such year. Sets forth formulas for determining such payments. Requires each institution to use such payments first to carry out specified HEA provisions relating to administrative expenses and then for such additional administrative costs as that institution determines necessary. Deems an institution with such program agreement to have a contractual right to such payments. Provides for student eligibility for, and the amount of, subsidized and unsubsidized loans under the program. Limits program eligibility, among other criteria, to qualified students carrying at least one-half the normal academic workload and maintaining good standing. Allows subsidized loans under the program to be made only to students who meet the basic requirements but also demonstrate financial need for such a loan. Makes qualified graduate and professional students and qualified undergraduate independent students eligible to borrow unsubsidized loans under the program in specified amounts. Makes qualified undergraduate dependent students eligible for unsubsidized loans under the program, if the financial aid administrator determines after review that exceptional circumstances will likely preclude the student's parents from borrowing under the program. Prohibits students from being eligible to borrow unsubsidized loans under the program until they have obtained a high school diploma or equivalent. Declares that, if an institution's cohort default rate is 30 percent or more for the most recent fiscal year for which data is available, no undergraduate student at that institution may borrow unsubsidized loans under the program. Directs the Secretary to afford any such institution an opportunity to present evidence contesting the accuracy of the calculation of such rate. Makes parents of qualified dependent students eligible to borrow unsubsidized loans under the program in any amount, subject to specified restrictions based on cost of attendance and amount of other unsubsidized loans and student aid. Provides for determining subsidized loan amounts, based on cost of attendance, other types of student aid received, and expected family (or independent student self-help) contribution. Sets annual and aggregate limits for subsidized loans to first-year, undergraduate, and graduate or professional students. Provides for determining unsubsidized loans to students or parents, based on cost of attendance and other types of student aid. Sets forth annual and aggregate limits for unsubsidized loans for first-year, undergraduate, and graduate or professional students. Sets forth terms of loans under the program. Provides for deferments of repayment during specified periods of education or service. Allows borrowers to accelerate without penalty repayment of the whole or any part of the loan. Sets forth additional and separate terms for subsidized loans and for unsubsidized loans under the program. Sets forth requirements for multiple disbursement of student loans. Sets forth loan repayment rules, including minimum repayment amounts. Requires if a borrower so requests, that repayment be made in accordance with a graduated or income contingent schedule established by the Secretary. Allows the Secretary and the borrower to agree to increase the specified repayment period, but prohibits it from extending beyond 20 years. Directs the Secretary to notify the student borrower, at the beginning of the repayment period, of the availability of the flexible repayment program. Provides for interest rates on unsubsidized loans (the bonds equivalent rate of 52-week Treasury bills, plus three and one-quarter percent) and subsidized loans (eight percent). Directs the Secretary to report such interest rates to the Congress for any fiscal year in which they are not sufficient to recover specified costs to the Government. Sets forth requirements for consolidation loans. Directs the Secretary to enter into agreements to provide loans to consolidate eligible student loans whose outstanding indebtedness is at least $5,000. Sets forth terms and conditions of consolidation loans, including annual interest rates of at least eight percent. Directs the Secretary to establish repayment terms, including graduated and income contingent repayment schedules. Provides for administration of the program. Requires the Secretary to establish: (1) a central data system to maintain records on all loans made under the program; and (2) default prevention programs. Provides for funding of the program through the sale of Government obligations. Sets forth the duties of the Secretary and the Secretary of the Treasury with respect to such sale and funding. Sets forth various amendments to phase out the Stafford Student Loan Program by June 30, 1994. Sets forth adjustments in loan limits prior to termination for the following components of the Stafford program: (1) the federally-insured student loan (FISL) program; (2) the guaranteed student loan (GSL) program; (3) the supplemental loans for students (SLS) program; and (4) loans to parents (PLUS) program. Revises the administrative cost allowance for guaranty agencies under the Stafford program. Provides for expanded uses of Perkins direct student loans repayments. Allows the institution to transfer any part or all of the collections of principal and interest on student loans made from deposited funds in its Perkins student loan fund to an endowment fund: (1) invested and operated in accordance with regulations prescribed by the Secretary; and (2) all of the income from which is expended to make additional funds available to its students under the Pell grants, supplemental educational opportunity grants, and work-study student and programs. Authorizes appropriations.
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
Veterans Dignity in Health Care Act of 1991 - Grants veterans who are patients or residents in Department of Veterans Affairs (VA) medical centers, nursing homes, and domiciliaries the right to purchase and use tobacco products. Directs the Secretary of Veterans Affairs to ensure that: (1) each VA facility that maintains a commissary or canteen makes tobacco products available through, and provides patients or residents access to, the commissary or canteen; and (2) each VA facility maintains and provides patients or residents access to an indoor patient smoking area.
United States · United States Congress · 1 August 1991
Comprehensive Occupational Safety and Health Reform Act - Amends the Occupational Safety and Health Act of 1970 (OSHA) with respect to occupational safety and health programs, committees, employee representatives, coverage, standards, enforcement, antidiscrimination, training and education, hazard and illness evaluation, State plans, and victims' rights. Title I: Safety and Health Programs - Amends OSHA to establish requirements for each employer to set up and carry out a written occupational safety and health program that includes methods and procedures for: (1) identifying, evaluating, and documenting hazards; (2) correcting them; (3) investigating work-related illnesses, injuries, and deaths; (4) providing occupational safety and health services, including emergency response and first aid procedures; (5) employee participation in implementing such program, including, where applicable, a safety and health committee; (6) responding to such committee's recommendations; (7) providing safety and health training and education to employees and committee members; (8) designating an employer representative qualified to and responsible for identifying hazards and initiating corrective action; and (9) at a worksite where employees of two or more employers work, protecting employees from hazards under the other employers' control. Authorizes the Secretary of Labor (the Secretary) to modify the application of such requirements to classes of employers where, in light of the risks faced by the employer's employees, such a modification would not reduce their safety and health protection. Directs the Secretary to issue final regulations on the required employer occupational safety and health programs, covering employee training and education as well, including annual refresher courses. Title II: Safety and Health Committees and Employee Safety and Health Representatives - Amends OSHA to require each employer of 11 or more employees to provide for: (1) safety and health committees; and (2) employee safety and health representatives. Requires, in general, such employers to establish such a committee at each worksite, but authorizes the Secretary to modify application of this requirement to: (1) an employer whose employees do not primarily report to or work at a fixed location; (2) covered employers at worksites where less than 11 of their employees are employed; and (3) worksites where employees of more than one employer are employed. Requires committee membership to consist of elected or appointed employee representatives and up to an equal number of employer representatives. Requires the committee to be cochaired by an employer representative and an employee representative. Grants each committee the reasonable right to: (1) review occupational safety and health related employer programs, incidents of death, injury, or illness, complaints of hazards, the employer's work injury and illness records (other than personally identifiable medical information), and other related reports and documents; (2) conduct worksite inspections (and related employee interviews) at least once every three months and in response to complaints; (3) conduct meetings at least once every three months; (4) observe the measurement of employee exposure to toxic materials and harmful physical agents; (5) establish procedures for exercising committee rights; (6) make advisory recommendations for improvements and corrections; and (7) accompany the Secretary's representative during certain physical inspections of the worksite. Requires the employer to permit committee members to take such time from work as is reasonably necessary to exercise committee rights, without any loss of pay or benefits for such time. Directs the Secretary to issue final regulations for the establishment and functioning of such committees. Sets forth procedures for selection of employee representatives by and from nonmanagerial employees. Directs the Secretary to issue regulations on safety and health representatives, including specified numbers and selection procedures. Title III: Coverage - Revises the OSHA definition of employer to include the Federal Government (except certain congressional employees) and State and local governments, thus extending OSHA coverage to public employees. (Includes under such OSHA coverage the executive and judicial branches and the following agencies of the legislative branch: the Botanic Garden, the General Accounting Office, the Government Printing Office, the Library of Congress, the Office of Technology Assessment, the Congressional Budget Office, and the Copyright Royalty Tribunal.) Authorizes the Secretary to cede OSHA jurisdiction to a Federal agency with respect to specified standards or regulations affecting occupational safety and health of some or all employees within that agency's regulatory jurisdiction, if the agency has promulgated and is enforcing standards and regulations so that its employees are being protected at least as effectively as they would be by the Secretary. Declares that nothing in OSHA shall apply to working conditions covered by the Federal Mine Safety and Health Act of 1977. Applies OSHA to employment performed in the Federal nuclear facilities under the control or jurisdiction of the Department of Energy. Extends an employer's duties under OSHA to all employees working at the place of employment (even if they are not the employer's employees). Title IV: Occupational Safety and Health Standards - Revises provisions for OSHA standards. Requires specified timeframes for setting such standards after the Secretary has received: (1) a recommendation of an advisory committee, the Secretary of Health and Human Services (HHS), or the Administrator of the Environmental Protection Agency; or (2) a petition from an interested person setting forth with reasonable particularity the facts claimed to establish that a standard should be promulgated, modified, or revoked. Directs the Secretary, within 90 days after such receipt, to publish a response stating whether the Secretary intends to publish a proposed rule with respect to such standard, or if not, the reasons for the decision not to publish such a rule. Directs the Secretary, if such rule is intended to be published, to do so within 12 months after the receipt of the recommendation or petition. Directs the Secretary to: (1) afford interested persons a period of at least 30 days to submit written data or comments after publication of a proposed rule promulgating, modifying, or revoking an OSHA standard; and (2) issue a final rule within 180 days after the public comment period (or within 180 days after a required public hearing on objections to such rule). Allows any adversely affected person to petition for judicial review, in the U.S. court of appeals for the appropriate circuit, of the Secretary's refusal or failure to issue such rules or standards. Requires that such a petition to appeal the Secretary's determination not to propose a rule with respect to a standard be filed within 60 days after publication of such determination. Requires set-aside of the Secretary's determination if it is found to be arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law. Allows a petition to appeal the Secretary's failure to publish a proposed rule within the required 12-month time frame to be filed at any time after such time period has elapsed. Directs the reviewing court to compel the Secretary to take any such action that is found to have been unlawfully withheld or unreasonably delayed. Provides that the withholding or delaying of action shall not be justified by the Secretary's desire to consult with, or receive approval from any other Federal agency or executive official, except where this is required by applicable law and pursued in timely fashion. Revises the definition of "occupational safety and health standard" to mean a standard which addresses a significant risk to the safety or health of employees by requiring conditions, or the adoption or use of one or more practices, means, methods, operations, or processes that most adequately assure, to the extent feasible, safe and healthful employment and places of employment. Requires each OSHA standard also to prescribe requirements for recording or reporting a work-related illness determined as a result of a medical examination or test conducted under the standard. Directs the Secretary to place in the public record all written comments and communications and a summary of all verbal communications with parties outside the Department of Labor (DOL) (including communications with executive branch officials) regarding promulgation, modification, or revocation of an OSHA standard. Directs the Secretary, in cooperation with the Secretary of HHS and in addition to other OSHA standards, to modify and establish exposure limits for toxic materials and harmful physical agents on a regular basis in a specified manner. Directs the Secretary of HHS, acting through the National Institute for Occupational Safety and Health (NIOSH), to: (1) regularly evaluate available scientific evidence, data, and information to determine if such exposure limits should be modified or be established to protect exposed employees from material impairment of health or functional capacity; and (2) at least every three years, on the basis of such evaluation, develop and transmit to the Secretary recommendations identifying materials and agents for which exposure limits should be modified or established to protect employees from such impairment. Directs the Secretary: (1) within 30 days of receipt of such recommendations, to publish them and provide a 30-day public comment period; (2) within six months of their receipt evaluate them and the public comments and publish a proposed rule for the exposure limits of each material and agent for which the Secretary of HHS has made a recommendation (explaining why any proposed limit is not the same as a recommended limit); (3) within one year of publication of the proposed limits, issue a final standard (explaining why any final limit is not the same as the recommended limit); and (4) establish or modify such limits whenever warranted, in addition to a periodic review. Directs the Secretary, within two years after the effective date of this Act, to promulgate final standards on exposure monitoring and medical surveillance programs, including specified requirements. Directs the Secretary to issue a final standard on ergonomic hazards to protect employees from work-related musculoskeletal disorders, including specified requirements. Sets forth timetables for the Secretary to issue various OSHA final standards. Title V: Enforcement - Revises OSHA enforcement provisions. Provides that time spent by an employee in accompanying the Secretary's representative on an OSHA inspection shall be deemed to be hours worked, with no loss of pay, benefits, or seniority. Requires the Secretary to notify employees or their representative within 30 days after receipt of their request for inspection that there are no reasonable grounds to believe a violation or danger exists. Directs the Secretary also to make a special inspection after determining that there are reasonable grounds to believe that an imminent danger or serious violation exists in a place of employment, upon notification from any other source (as well as upon notification by an employee or employee representative as in current law). Directs the Secretary to establish and carry out a special emphasis inspection program for conducting inspections of industries or operations where existing hazards or newly recognized or new hazards introduced into work sites warrant more intensive than normal inspections. Requires annual designation of the industries and operations for such program and the number of inspections planned and number of enforcement personnel required. Requires that special emphasis inspections be in addition to other programmed and complaint inspections conducted under OSHA before the effective date of this Act. Requires a report on such program in the Secretary's annual OSHA report to the Congress. Requires the Secretary to investigate any work-related death or serious incident (i.e. one resulting in hospitalization of two or more employees). Requires the employer to: (1) notify the Secretary of any death or serious incident occurring in a place of employment covered by OSHA; and (2) prevent the destruction or alteration of evidence that would assist in investigating such death or incident. Requires OSHA citations to state if the Secretary or the Secretary's representative believes that an alleged violation is serious and presents such a substantial risk to the safety or health of employees that initiation of review proceedings should not suspend the running of the period for correction of the violation. Revises the correction period to make it begin to run from the date of receipt of the citation, with specified exceptions. Requires employers to verify the abatement of a serious, willful, or repeated violation in writing to the Secretary within 30 days after the correction period has expired. Requires employers, within ten days after verification of abatement, to prominently post notice of such abatement at or near each place the violation occurred and to make a copy of the verification available to employers and employee representatives. Directs the Secretary to issue regulations implementing such abatement verification and notice requirements. Grants employees the right to contest: (1) citations' designations of the character of the violation or of the OSHA provision, standard, rule, regulation, or order violated (in addition to contesting the abatement period, as in current law); and (2) proposed penalties as inadequate. Grants employee representatives the right to participate in other proceedings (as well as hearings) conducted under specified OSHA enforcement procedures. Requires, if the Secretary intends to withdraw or modify a citation as a result of any agreement with the employer, the Commission's rules of procedure to provide for prompt notice to affected employees or their representatives. Grants employees or their representative, regardless of whether they have previously elected to participate in the proceedings, the right to file a notice alleging that the proposed agreement fails to effectuate the purposes of OSHA within 15 days after receipt of notice of the agreement. Directs the Secretary to consider the matter and, upon determination to proceed with the agreement, respond with particularity to the objections. Grants employees or their representative, within 15 days after the Secretary's response, the right to a hearing upon request to the Commission. Provides that if the Commission determines the proposed agreement fails to effectuate the purposes of OSHA, the proposed agreement shall not be entered as a Commission order and the citation shall not be withdrawn or modified in accordance with the proposed agreement. Revises OSHA provisions for restraining imminent dangers. Directs the Secretary to inform the employer and the affected employees and request that a condition or practice that poses an imminent danger be corrected immediately or that employees be immediately removed from exposure to such danger. Requires such actions if the Secretary determines, on the basis of an inspection or investigation, that a condition or practice in the place of employment is such that an imminent danger to safety or health exists which could reasonably be expected to cause death, serious physical harm, or permanent impairment of health or functional capacity of employees if not corrected immediately. Directs the Secretary to determine whether to post a notice in the workplace if the employer refuses to comply with the Secretary's request. Requires that such notice identify the source of the imminent danger. Grants employees the right to refuse to perform a duty that has been identified as the source of an imminent danger by such a notice, and prohibits discrimination against them for such refusal. Subjects an employer to a civil penalty of from $10,000 to $50,000 for each day during which an employee continues to be exposed if the employer does not immediately correct the hazard referred to in the posted notice or remove all employees from exposure to it, unless the Commission determines that the condition or practice is not covered by such imminent danger provisions. Revises OSHA criminal penalties to increase the maximum amount of fines and the length of prison terms for specified violations, including those for a willful violation causing death, an improper advance notice of an inspection, or a false statement. Establishes criminal penalties for a willful violation that causes serious bodily injury. Prohibits a penalty or fine which is imposed on a director, officer, or agent of an employer from being paid out of the employer's assets on behalf of that individual. Provides that nothing in OSHA shall preclude State and local law enforcement agencies from conducting criminal prosecutions in accordance with State or local laws. Title VI: Protection of Employees from Discrimination - Revises OSHA antidiscrimination provisions to extend coverage to an employee's: (1) reporting any injury, illness, or unsafe condition to the employer, employer's agent, safety and health committee, or employee safety and health representative; and (2) refusing to perform duties when reasonably apprehensive that doing so would result in serious injury to himself/herself or other employees, after having sought and been unable to obtain from the employer corrections of the circumstances causing such refusal. Revises procedures for consideration of complaints of discrimination. Increases the period for filing such complaints from 30 to 180 days after the alleged discrimination. Requires the Secretary, within 60 days after receipt of the complaint, to investigate and notify the complainant and the alleged violator of the findings. Requires such findings to be accompanied by a preliminary order providing relief, if the Secretary has concluded that there is reasonable cause to believe a violation has occurred. Allows the alleged violator or the complainant to file, within 30 days, objections to the findings and/or the preliminary order, and to request a hearing on the record. Provides that such filing of objections shall not operate to stay any reinstatement remedy in the preliminary order. Requires such hearings to be conducted expeditiously. Deems the preliminary order a final order not subject to judicial review if a hearing is not timely requested. Directs the Secretary to issue a final order within 120 days after the conclusion of such hearing. Allows such proceedings to be terminated at any time in the interim on the basis of a settlement agreement by the Secretary, the complainant, and the alleged violator. Requires the Secretary, upon determination that a violation of antidiscrimination provisions has occurred, to order: (1) correction of the violation; (2) reinstatement to the former position with all compensation (including back pay), terms, conditions, and privileges of such employment; and (3) compensatory damages. Authorizes the Secretary, upon request of the complainant, to assess against the person against whom such order is issued all costs and expenses (including attorney's fees) incurred by the complainant in connection with bringing the complaint. Allows adversely affected or aggrieved persons to petition within 60 days to obtain review of such orders in the U.S. Court of Appeals for the appropriate circuit. Directs the Secretary to file a civil action in the appropriate U.S. district court to enforce such orders against persons who fail to comply. Authorizes such court to grant appropriate relief. Provides that the legal burdens of proof that prevail under the Whistleblower Protection Act of 1989 shall govern adjudication of protected activities under OSHA antidiscrimination provisions. Title VII: OSHA and NIOSH Training and Education - Revises OSHA provisions for training and education. Includes education programs for employees and members of safety and health committees, as appropriate, among those programs which the Secretary of HHS is to conduct through NIOSH. Requires the Secretary (of Labor) to develop training materials, model curricula, and programs to assist employers in: (1) providing the training and education required under the new provisions for employer occupational safety and health programs; and (2) complying with OSHA standards. Title VIII: Recordkeeping and Reporting - Revises OSHA provisions relating to statistics to require the Secretary to collect information and conduct analyses that identify: (1) industries, employers, processes, operations, and occupations that have a high rate of injury or illness; (2) factors that cause or contribute to injuries and illnesses; and (3) workers' compensation costs associated with the injuries and illnesses. Requires such data to be publicly available in a form suitable for further statistical analysis, and to be used in setting safety and health standards, targeting inspections of individual establishments, and evaluating standard setting and enforcement programs. Directs the Secretary to require each employer covered by OSHA to report: (1) each work-related death of an employee immediately upon knowledge; and (2) each serious incident resulting in hospitalization of two or more employees within 24 hours of the incident. Revises OSHA requirements for employer records and reports to include (in addition to work-related deaths, injuries, and illnesses) suspected work-related illnesses, including a work-related illness reported by an employee or an employee's physician, unless the employer makes a reasonable determination that the illness is not work-related. Provides that all such employer records and reports shall be made available to the Secretary, the Secretary of HHS, employees, and employee representatives. Title IX: NIOSH - Revises OSHA provisions relating to duties of the Secretary of HHS acting through NIOSH. Includes under hazard evaluation reports an evaluation of whether any hazardous condition or harmful physical agent found in the place of employment poses a risk to exposed employees. Directs the Secretary of HHS, if a final determination of hazard is not made within six months of a request, to provide to the employer and employees an interim report on the known or suspected hazards, a recommendation for control, and an estimate of the time in which a final determination will be made. Directs the Secretary of HHS to identify major factors contributing to occupational injuries and deaths through accident investigations and epidemiological research. Directs the Secretary of HHS to carry out a program to identify and notify employees at increased risk of occupational illnesses, injuries, and deaths, including public information and education programs, and recommendations for appropriate medical surveillance. Requires notification, if they are found to be at increased risk, of subjects of studies funded or conducted by the Secretary of HHS under such program. Specifies that the authority of the Secretary of HHS, and of NIOSH, to inspect records extends to the Secretary's designees and contractors. Directs the Secretary of HHS, through NIOSH (and in cooperation with other HHS agencies and the Secretary of Labor), to establish a national surveillance program to identify cases of occupational illnesses, deaths, and serious injuries. Requires coordination with State health agencies and Federal and State workers' compensation agencies under such program. Directs the Secretary of HHS to collect data each year on the number and characteristics of all occupational deaths and selected occupational illnesses and injuries. Requires, in making such selections, consideration of known frequency and severity of the disorder and of the size of the population at risk. Directs the Secretary of HHS to report on and analyze the occupational deaths, illnesses, and injuries collected under such program, and transmit such information to the Secretary of Labor, State health agencies, employers, employees, and other interested parties. Authorizes the Secretary of HHS to require an employer, through a physician or health professional employed by or under contract to the employer, to report information on occupational deaths, illnesses, and injuries. Establishes NIOSH as a separate agency within the U.S. Public Health Service in the Department of HHS. Title X: State Plans - Revises OSHA requirements for State plans to provide for: (1) development of safety and health programs and safety and health committees and training programs that are at least as effective as those under the new OSHA requirements; and (2) reporting requirements, protection of employee rights, and access to information that are at least as effective as those under OSHA or other Federal laws governing access to information related to OSHA. Requires a State to enforce a Federal OSHA standard until a State standard at least as effective is in effect, if a State fails to adopt or promulgate such a standard within six months after the Federal standard is promulgated. Requires the Secretary (of Labor) to: (1) promptly investigate complaints against a State plan if there are reasonable grounds to believe a deficiency exists; (2) investigate complaints alleging a deficiency in a State enforcement action within 30 days of receipt; and (3) within 30 days of completion of the investigation, transmit findings and recommendations for correction to the State and complainant (or notify the complainant if there are no reasonable grounds to believe a deficiency exists). Requires a State to respond as to what action it has taken on the Secretary's findings and recommendations within 30 days of their receipt. Directs the Secretary to issue a citation with reasonable promptness if, after receipt of the State's response, the Secretary believes a serious violation of OSHA exists for which the State has failed to issue a citation. Requires the Secretary, upon determination that there are reasonable grounds to conclude there is a failure to comply substantially with any provision or assurance of the State plan, to: (1) notify the State and allow six months for correction of deficiencies; (2) institute proceedings for withdrawal of approval of the State plan, if the State has not corrected the deficiencies within six months (unless there are exceptional circumstances); and (3) during the pendency of such proceedings, exercise concurrent jurisdiction with the State over the safety and health issues that are subject to the State plan. Requires States which are operating State safety and health plans to modify them to conform to this Act. Title XI: Victim's Rights - Sets forth provisions for victims' rights under OSHA. Defines a victim as: (1) an employee who has sustained a work-related injury or illness which is the subject of an OSHA inspection or investigation; or (2) the family member of an employee who either is killed or cannot reasonably exercise victim's rights as a result of such an injury or illness. Grants victims the right, on request, to: (1) meet with the Secretary or a representative respecting the inspection or investigation before the Secretary's decision to issue a citation or to take no action; (2) receive a free copy of any citation or report issued as a result of the inspection or investigation; (3) be informed of any notice of contest filed; (4) be provided an explanation of the rights of employees and employee representatives to participate in OSHA enforcement proceedings; and (5) be provided an opportunity to appear and make a statement before the parties conducting any settlement negotiations, before the Secretary agrees to withdraw or modify the citation. Provides that a victim shall have the same rights as an employee under OSHA enforcement procedures. Entitles a victim, if such victims' rights are violated, to declaratory relief, injunctive relief, recovery of costs of securing specified documents, and reasonable attorney's fees and costs. Directs the Secretary to take reasonable actions to inform victims of these rights. Title XII: Worker's Compensation Study - Establishes the Federal Worker's Compensation Commission. Directs the Commission to study worker's compensation laws and system with respect to: (1) the recommendations of the National Commission on State Workmen's Compensation Laws; (2) the feasibility of using workers' compensation data to target loss prevention activities on high risk occupations; (3) the laws' adequacy in providing for needs of injured workers, occupational illnesses and diseases, quality control and medical and rehabilitation costs with cost control, and time for recuperation and counseling before return to full-time work; (4) the administrative system's adequacy and the appropriateness of such laws as the exclusive remedy; (5) the relationship between workers' compensation, safety and health programs, and insurance rates and services; (6) the feasibility and appropriateness of transferring the branch of the Department of Labor involved in workers' compensation studies from the Employment Standards Administration to the Occupational Safety and Health Administration; and (7) the feasibility of preempting State workers' compensation laws with a national program. Requires such Commission to report the results of such study to the President and the Congress. Title XIII: Effective Date - Sets forth the effective date of this Act.
United States · United States Congress · 1 August 1991
Military Retirement Equity Act of 1991 - Permits retired members of the armed forces to be paid retirement pay concurrently with compensation for any service-connected disability if the person's entitlement to such retirement pay is based solely on: (1) age; (2) length of service; or (3) both. Reduces the amount of retirement pay, in the case of individuals receiving both types of pay, by a specified percentage of the disability compensation which decreases as the disability rating increases. Prohibits any reduction in the retirement pay of a disabled person when the disability rating is total. Expresses the sense of the Congress that, once the Federal budget deficit has been reduced, the Congress should reexamine and eliminate any offset of retired pay by a veteran's disability compensation.
United States · United States Congress · 1 August 1991
Military Fish and Wildlife Refuge Act of 1991 - Mandates: (1) notice to the Secretary of the Interior of any formal proposal to close a military installation; (2) transfer to the Department of the Interior, without compensation, of any of that real property appropriate for inclusion in the National Wildlife Refuge System; (3) inclusion of the property in the System; and (4) reversion of the property to the Department of Defense, if needed for national security.
United States · United States Congress · 31 July 1991
Directs the Secretary of Education to conduct an ongoing comprehensive study of the TRIO programs under the Higher Education Act of 1965 (Special Programs for Students from Disadvantaged Backgrounds, including the Talent Search program, Upward Bound program, student support services program, Ronald E. McNair Post-Baccalaureate Achievement Program, and educational opportunity centers program). Requires biennial reports to the Congress on such study.
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 · 26 July 1991
Children and Families Services Act of 1991 - Title I: Strengthening Families; Preventing Child Abuse and Neglect; Preventing the Avoidable Separation of Families - Amends title IV (Grants to States for Aid and Services to Needy Families with Children and for Child-Welfare Services) of the Social Security Act (the Act) to provide for family crisis intervention. Entitles States to Federal payments for intensive family-based crisis intervention programs for families whose children are at imminent risk of placement outside their homes in order to: (1) maintain children safely in their homes; (2) preserve their families; and (3) reduce the use of unnecessary separation of children from their families. Sets forth requirements for State plans, annual reports, and payments to States. Amends part A (Aid to Families with Dependent Children) (AFDC) of title IV of the Act to authorize States, in order to encourage family reunification under specified planned conditions to: (1) continue AFDC payments after removal of a child from a family; and (2) resume AFDC payments before reunification. Requires States which elect to make such continued or resumed payments to report annually on: (1) the number of families so assisted; (2) the number of such families to which the children were returned; (3) the time frames for such returns; and (4) the impact of such assistance on reunification. Amends part E (Federal Payments for Foster Care and Adoption Assistance) of title IV of the Act to authorize States to make payments and provide assistance for aftercare services to preserve families, under specified conditions. Allows such continued payments and assistance on behalf of a child who has been returned from foster care to the parents or another family member as if the child were in foster care, under specified planned conditions. Requires States which provide such payments or assistance to report annually on the effectiveness of such aftercare services in minimizing reentry of children into foster care. Directs the Secretary of Health and Human Services (HHS) to submit an annual summary of such reports to the Congress. Title II: Improving the Quality of Out-of-Home Care - Revises the independent living initiatives transition program under part E of title IV of the Act to remove certain asset limitations under AFDC and other title IV programs and under the title XIX Medicaid program for purposes of determining a reasonable amount of assets to allows a child to establish a household under such transition program. Authorizes States to continue part E foster care maintenance payments with respect to a child, who would be otherwise ineligible as a result of attaining the applicable age limit, until that child reaches a higher age specified by the State (but not more than 21 years), if the child is participating in a program for transition from foster care to independent living and a written plan has been or is being developed. Provides for Medicaid transitional benefit eligibility for any child under 21 years of age who is participating in an independent living initiatives transition program. Establishes a demonstration program of grants to increase housing opportunities for youth making the transition from foster care to independent living, under part E of title IV of the Act. Directs the Secretary of HHS to make such grants, on a competitive basis, to five cities for the development and operation of programs to provide a broad range of housing-related activities for individuals participating in transition programs for independent living initiatives. Requires, in order for a city to be eligible for such a grant, that: (1) its fair market rent for a one-bedroom apartment exceeds the national median; and (2) child welfare and housing agencies cooperate in planning and developing grant activities. Sets a minimum grant amount. Requires use of such grants for: (1) housing-search assistance; (2) housing-related counseling; (3) up to 18 months or rent subsidies to assist transition to permanent housing; (4) moving-related expenses, including security and utility deposits; and (5) room and board in adult-supervised group living programs to assist individuals to live independently. Prohibits use of more than ten percent of any such grant for payment of housing renovation or rehabilitation costs. Prohibits use of such grants for new housing construction. Authorizes appropriations. Revises part E with respect to State plans for foster care and adoption assistance to add health care requirements for early and periodic screening, diagnostic, and treatment (EPSDT) services. Requires the State to ensure that: (1) each child in foster care under the State's responsibility shall have a specified type of health care record; (2) each such child who is eligible for Medicaid is provided assessments and services required under the EPSDT program; (3) each such child who is not eligible for Medicaid is provided comprehensive health assessments comparable to those under the EPSDT program; (4) State agency personnel and foster care providers have been satisfactorily trained to meet the responsibilities under a plan for a child's proper care and appropriate services; and (5) appropriate information from the child's health care record (including at least an abbreviated summary of the health care plan) is provided, when the child is to be in their care, to foster parents or other care providers, parents or guardians, prospective adoptive parents or adoptive parents, and the child when discharged to his or her own care. Requires inclusion in the health care record, if appropriate, of a record indicating that the foster care provider was advised of the child's eligibility for EPSDT services. Provides for reimbursement of the costs of providing for health and dental examinations of foster care children ineligible for Medicaid. Requires part E program plans to: (1) provide training foster parents and staff of child-care institutions; and (2) require satisfactory participation in such training by any foster parent or one preparing to qualify as a foster parent and by child-care institution staff members who have responsibilities with respect to foster children, as a condition of eligibility for foster care maintenance payments. Sets forth requirements for such training program, including periodic training and retraining and child care services for participants. Directs the Secretary of HHS to develop and disseminate model training programs and curricula. Allows such training program costs to be considered as specified administrative expenses. Title III: Enhancing Adoption Assistance - Authorizes each State with an approved part E plan to make post-adoption assistance payments to the adoptive parents of children with special needs who have entered into adoption agreements with the State. Provides for reimbursement for such payments. Provides that such payments may cover respite care for adoptive parents and other specialized treatment services required by children with special needs which are not reimbursable under the agreement or Medicaid (but not including care in a child care institution unless the child was there when the adoption became final). Revises part E with respect to periodic review of a child's status to require: (1) in the case of a child who should be placed for adoption, a description of the specific steps that must be taken to enhance the likelihood of freeing the child for adoption and finding an adoptive family, and a timetable for subsequent periodic reviews of progress toward adoption; and (2) in the case of a child who is legally free for adoption, a determination and documentation of the specific steps which must be taken to find an adoptive family, including the extent of contacting for assistance adoption exchanges and agencies with experience in placing children with special needs. Requires part E case plans to include an assurance that the agency responsible for the child in foster care has evaluated the child's eligibility for supplemental security income (SSI) program benefits under title XVI of the Act and, where appropriate, has proceeded with the application for such benefits. Title IV: Strengthening Service Delivery - Amends part B (Child Welfare Services) of title IV of the Act to establish a program of grants for improving staff recruitment, retention, competency, and training. Authorizes the Secretary of HHS to make such grants, on a multiyear and competitive basis, to public and private nonprofit child welfare, juvenile justice, and mental health agencies as well as to social service agencies for improved cooperation in delivery of services to children and adolescents or their families, and to schools of social work and other higher education institutions for stipends for students to provide certain such services). Authorizes appropriations. Directs the Secretary of HHS to select an organization with demonstrated experience in measuring human service agency workloads to study and report on workload methodologies among providers of child welfare services and community mental health services. Sets forth various topics and requirements for such study. Directs the Secretary to establish an advisory panel to oversee such study. Authorizes appropriations.
United States · United States Congress · 26 July 1991
Calls on the Government of Vietnam to: (1) make public the names of all individuals who continue to be held in "reeducation" camps or prisons in connection with suspected opposition to the Government; (2) release immediately all remaining long-term detainees from such camps or prisons; (3) grant exit permission to all Vietnamese who qualify for resettlement in the United States through the U.S. Special Released Reeducation Center Detainees Resettlement Program; and (4) end immediately all arrests or rearrests of detainees.
United States · United States Congress · 25 July 1991
Unemployment Insurance Reform Act of 1991 - Title I: Federal Supplemental Compensation Program - Subtitle A: Establishment of Program - Establishes a Federal supplemental unemployment compensation program. Allows any State to enter into and participate in an agreement with the Secretary of Labor (the Secretary) under which the State agency which administers the State unemployment compensation law will make payments of Federal supplemental compensation: (1) to individuals who have exhausted all rights to regular compensation under State law, have no rights to such regular compensation or any additional State or Federal compensation, and are not receiving Canadian compensation; and (2) for any week of unemployment beginning in the individual's eligibility period. Sets forth provisions relating to exhaustion of regular benefits and weekly amount of supplemental benefits equal to regular benefits. Requires a State, under such an agreement, to establish a Federal supplemental compensation account with respect to the benefit year of each eligible individual who files an application. Limits benefit payments to not more than the amount in the individual's account. Sets forth formulas for determining the amount in such account. Provides that such amount shall be equal to the lesser of: (1) 100 percent of the total amount of regular compensation (including dependents' allowances) payable to the individual with respect to the most recent regular benefit year; or (2) the applicable limit times the average weekly benefit amount for the benefit year. Sets the applicable limit at: (1) 20 for an eight-percent period, i.e. one triggered by a total unemployment rate (TUR) of eight percent or more in the State, seasonally adjusted, for the most recent three months with available data; (2) 15 for a seven-percent period; and (3) ten for a six-percent period. Sets forth special rules relating to such applicable limits. Coordinates the Federal supplemental compensation program with the trade readjustment allowance program under the Trade Act of 1974. Sets forth general, special, and transitional rules for supplemental benefit periods, individual eligibility periods, State on and off indicators, and a temporary national trigger. Sets forth provisions for payments to States having such agreements for Federal supplemental compensation. Sets forth reachback provisions for certain individuals' eligibility for such benefits. Sets forth provisions relating to fraud and overpayments. Subtitle B: Repeal of Extended Program - Repeals the Federal-State Extended Unemployment Act of 1970, and references to the extended unemployment compensation program (established by such Act) in the Federal Unemployment Tax Act (FUTA) provisions of the Internal Revenue Code and in the Social Security Act (SSA). Title II: Modifications to Eligibility Provisions - Amends FUTA to limit the circumstances under which individuals may be disqualified for unemployment compensation under State law. Amends specified Federal law to repeal certain limitations on payment of unemployment compensation to former members of the Armed Forces. Reduces the length of the period of required active duty reserves to qualify for such payments. Amends FUTA to allow optional unemployment benefits for certain school employees, by making denial of such benefits discretionary rather than mandatory. Amends FUTA with respect to the treatment of certain determinations with respect to claims for unemployment compensation benefits under State law. Amends FUTA to require State agencies administering unemployment compensation to approve any training program involving classroom training, occupational skill training, basic or remedial education, or literacy or remedial English training, in the case of any individual who has received compensation under State law for ten weeks or more during the benefit year (thus allowing such individual to receive such compensation while participating in such training). Title III: Demonstration Program to Provide Job Search Assistance - Directs the Secretary to carry out a demonstration program to determine the feasibility of implementing job search assistance programs. Requires selection of three States to participate in such program, based on specified criteria. Requires that at least one of these States will replicate a prior successful demonstration project for job search assistance. Sets forth requirements for the program agreement with these States. Requires a job search assistance program, for purposes of this title, to: (1) require certain unemployment compensation recipients to participate in a qualified intensive job search program (the program) after receiving such compensation for ten weeks during any benefit year; (2) entitle such individuals to an intensive job search program voucher; and (3) disqualify those who do not satisfactorily participate in such program from receiving such compensation for a specified period. Makes such program requirements applicable to such recipients if, during a specified three-year period, they had at least 126 weeks of employment at wages of $30 or more a week with their last employer (or an equivalent amount computed under prescribed regulations). Sets forth exceptions to such program requirements and program qualifications. Provides that such vouchers entitle the organization (including the State employment service) providing the program to a payment from the State agency equal to the lesser of: (1) the reasonable costs of providing the program; or (2) the average weekly benefit amount in the State. Requires Federal payments from the supplemental compensation account to each participating State's account in the Unemployment Trust Fund in an amount equal to the payments made by the State agency for such program vouchers. Provides for payments on a calendar month basis, and for certification by the Secretary. Directs the Secretary to submit two interim reports and a final report to the Congress on the demonstraton program under this title. Title IV: Financing Reforms - Amends the Social Security Act (SSA) to provide for transfers of income taxes on unemployment benefits to the Unemployment Trust Fund. Modifies provisions for Federal unemployment accounts. Provides for an increase in quarterly credits for States with adequate balances. Provides for appropriate adjustments in transfers to the Federal unemployment account. Raises a ceiling on the supplemental compensation account. Provides for borrowing between Federal accounts, under specified circumstances, with respect to: (1) the employment security administration account; (2) the Federal unemployment account; or (3) supplemental compensation and reemployment assistance account. Directs the Secretary, within 12 months, to report to the Congress a proposal for revising the method of allocating grants among the States for administration of the unemployment insurance program. Prohibits the Secretary from revising such method until 12 months after such report is submitted to the Congress. Amends the SSA to establish an Advisory Council on Unemployment Compensation. Directs the Secretary to establish such a council by December 31, 1991, and every fifth year thereafter. Requires each such council to evaluate the unemployment compensation program. Sets forth membership and staff provisions. Requires each council to report to the Congress by October 1 of the year following the year in which is required to be established. Terminates each council after it submits its report. Title V: Budget Compliance Provisions - Subtitle A: Congressional Designation of Emergency - Designates the provisions of (and amendments made by) this Act as emergency requirements, pursuant to specified provisions of the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Subtitle B: Effect of Failure of President to Designate Emergency - Declares that specified provisions of this subtitle shall take effect only if the President does not, on the date of enactment, designate the provisions of (and amendments made by) this Act as emergency requirements under the Balanced Budget and Emergency Deficit Control Act of 1965. Amends Federal Unemployment Tax Act (FUTA) provisions of the Internal Revenue Code relating to the rate of the Federal unemployment tax. Modifies the formula for determining such rate to make such FUTA excise tax on employers equal to: (1) five and four-tenths percent of the total wages paid during the calendar year with respect to employment; and (2) a specified percentage of the total Federal taxable wages paid during the calendar year with respect to employment. (Provides that such percentage shall be lowered as it is phased-in, from 0.4 percent in 1993 to 0.2 percent in 1997 and thereafter.) Makes conforming modifications to credit provisions and tax computation provisions. Sets forth the applicable cost estimate of this Act for FY 1991 through 1995 for purposes of the Balanced Budget and Emergency Deficit Control Act of 1985. Provides, notwithstanding such cost estimate, for budgetary treatment under pay-as-you-go procedures. Sets forth findings relating to such treatment. Subtitle C: Additional Provisions - Exempts Federal supplemental compensation program payments under title I of this Act from any sequestration order issued under the Balanced Budget and Emergency Deficit Control Act of 1985 for FY 1992 or any succeeding fiscal year.
United States · United States Congress · 25 July 1991
Self-Reliance Scholarship Act of 1991 - Amends the Higher Education Act of 1965 (HEA) to provide for Self-Reliance Scholarships to assist students in financing their undergraduate and graduate education. Establishes the self-reliance scholarship program as a student loan program, with repayments to be made over chosen periods under the income tax system on the basis of the individual's adjusted gross income. Requires the Director of the Office of Self-Reliance Scholarships established by this Act (the Director) to make such loans to each eligible student who qualifies, in an amount determined according to a specified formula. Authorizes the Director to enter into a contract for the conduct of the program or any portion of it. Requires each eligible institution to submit a list of loan applicants and the amounts for which they are qualified and promptly notify the Director of any change in their enrollment status. Requires the Director to establish an account for each such loan recipient by name and taxpayer identification number and provide for the increase of the total amount stated for such account by any amounts subsequently loaned to such recipient. Sets forth the terms of institutional agreements under such program, enforcement provisions, and reporting requirements. Requires each eligible institution entering such a program agreement, if it experiences a percentage increase in its cost of attendance exceeding a certain amount, to report to the Director on such increase and its justification. Requires the Director to report to the Congress on the reasons for such excessive increases and whether such information should be used as a basis on which to suspend or revoke, in whole or in part, the agreement with the eligible institution. Sets forth annual and aggregate limits on the amounts of such loans to individuals, with adjustments for inflation and for less than full-time students. Sets forth terms of such loans and provisions for disbursement of proceeds. Prohibits the amount of any such loan from being taken into consideration in determining student eligibility for assistance under any other program assisted under HEA. Establishes in the Treasury the Education Trust Fund (the Fund), consisting of transfers from education loan repayment taxes and surtaxes on individuals with incomes over $1,000,000 and from loan refunds after student withdrawals, amounts received pursuant to the issuance of obligations, and any interest earned on Fund investments. Bases the transfer of tax and surtax amounts on estimates. Requires the Secretary of the Treasury to invest the portion of the Fund which the Director judges is not required to meet current withdrawals. Authorizes the Fund to issue certain obligations. Authorizes the Director to obligate certain sums available to the Fund for specified purposes. Requires the Director to hold the Fund and report annually to the Congress on its financial condition, the results of its operations, and its expected condition and operations. Provides for repayment of such loans. Requires the Director to develop and implement a procedure for computing repayment percentage options for each borrower, taking specified factors into consideration. Sets various limits on such repayments based on the individual's gross income. Limits the maximum repayment period to 25 years, with individuals given the option of selecting a 15, 20, or 25 year repayment period. Requires development of a buyout procedure, including interest and a prepayment penalty. Requires the Director to: (1) provide each borrower with the option to select a repayment status with a repayment percentage determined in accordance with specified procedures and factors; and (2) transmit such information along with the borrower's taxpayer identification number to the borrower and to the Secretary of the Treasury by January 1 of each calendar year. Requires repayment status to commence at the start of the first taxable year following either the date of the loan or the date of graduation, but in no event later than the sixth taxable year after the date of the loan. Authorizes the Director, however, to establish special repayment rules for individuals in categories of special consideration. Makes proprietary trade schools ineligible for the Self-Reliance Scholarship program. Makes eligible for such scholarships any student who is a U.S. citizen of age 17 through 50. Amends the Internal Revenue Code to establish the education loan repayment tax, to be imposed upon individuals certified by the Director in an amount equal to the repayment percentage of the taxpayer's adjusted gross income for the taxable year. Sets forth minimum and maximum adjusted gross income amounts. Sets forth requirements for joint returns. Establishes a surtax on individuals with taxable incomes over $1,000,000. Imposes such surtax on income tax at a specified rate in certain cases, and on the tentative minimum tax at a specified rate in certain cases. Makes special rules for a surtax on estate and trusts and for treatment of married individuals filing separate returns. Amends the Department of Education Organization Act to establish the Office of Self-Reliance Scholarships, to be administered by the Director who is responsible for overseeing this Act.
United States · United States Congress · 25 July 1991
Collegiate Athletics Reform Act - Title I: Antitrust Exemption - Creates a temporary exemption from the antitrust laws for conduct engaged in during a five-year period, beginning one year after this Act's enactment and subject to specified conditions, by the National Collegiate Athletic Association (NCAA) for the purpose of allowing the NCAA to negotiate and carry out contracts involving the use or sale of the name or logo of a commercial sponsor in association with a post-season amateur athletic event (event) engaged in by a member institution, the sale of the right to telecast an event engaged in by such an institution, or both. States that the requirements of this title are met if the NCAA: (1) is governed in accordance with this title by a board known as the Board of Presidents; (2) has in effect and carries out a net contract revenue distribution plan that is developed by the Board and certified by the Secretary of Education to require compliance with specified criteria (which encourage each member institution to decrease the number of its revenue-producing sports teams and its facilities used specifically for such teams, to decrease the amount it expends for administration of its athletic department, and to increase the level of academic performance of student athletes who participate on such teams, and which develop a method of allocating net contract revenue to each member institution in direct proportion to the extent of its compliance with provisions of the Education Amendments of 1972); (3) has in effect and enforces rules which provide for due process before the NCAA suspends or reprimands a coach or student athlete, suspends or prohibits a member institution from participating in an event, or suspends the telecommunications privileges of a member institution; and (4) has in effect and enforces a student athlete scholarship plan (which encourages each member institution to allow each individual who receives an athletic scholarship to retain such scholarship if the individual maintains acceptable academic performance, makes a good-faith effort to participate in the athletic program, complies with all regulations and policies of the member institution attended, and is not convicted of a felony or drug- or alcohol-related offense). Requires: (1) the Secretary of Commerce to submit a report to the Congress on the impact of the net contract revenue distribution plan on the diversity of events on broadcast television (TV) and pay TV services, the financial integrity of institutions of higher education, the TV networks and their affiliates, and the higher education system; (2) the Chairman of the Federal Communications Commission (FCC) to report on the impact on member institutions of NCAA suspensions on the telecommunications privileges of such institutions and the loss of funds to member institutions caused by such suspensions; (3) the FCC to report, specifying the number of NCAA athletic events available on free, broadcast TV, cable TV, and "pay-per-view" (ppv) TV systems, and evaluating the shift in the televising of events from broadcast to cable and ppv TV systems; and (4) the FCC to promulgate regulations within one year which prohibit any TV network or affiliate from broadcasting an event involving a sports team representing a disqualified college at the same time and in the same viewing areas as a broadcast of an event involving a member institution. Title II: Tax Provisions - Amends the Internal Revenue Code to require that, in determining the unrelated business taxable income of an existing national athletic organization of colleges and universities and each such member institution of such an organization, there shall be: (1) included all gross income accrued after the disqualification date (i.e., the earliest date during the five-year period on which any title I requirements are not met) with respect to specified activities (the sale of tickets for, the use or sale of merchandise related to, and the use or sale of the name or logo of a commercial sponsor in association with, and the sale of the right to telecast, an event); and (2) allowed all deductions directly connected with such income. Specifies that, in determining the unrelated business taxable income of a disqualified college, there shall be: (1) included all gross income with respect to such activities occurring after the disqualification date; and (2) allowed all deductions directly connected with such income. Authorizes the Secretary of the Treasury to prescribe such regulations as necessary or appropriate to carry out the purposes of this title. Specifies that, in the case of a student athlete at a member institution, gross income does not include the amounts received by such individual (whether in kind or as reimbursement for expenses incurred) for room and board, tuition, personal counseling, tutorial services, medical expenses, and specified sums for athletes qualifying on the basis of need under the Higher Education Act of 1965 (HEA). Title III: Education Program Requirements - Amends the HEA to require the disclosure to students of the total revenues (and expenditures), and revenues (and expenditures) by sport, of (and for) the institution's athletic departments and activities, the total revenues and expenditures of the institution for the same period, and any funds transferred by an institution from its athletic departments to its general fund, or from its general fund to its athletic departments. Requires the Secretary of Education to collect and compile forms required to be disclosed under such Act, make such forms readily available for public inspection and copying, and publicly announce (annually) the availability of such forms.
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
Tire Recycling and Recovery Act of 1991 - Amends the Solid Waste Disposal Act to require States to submit scrap tire management plans to the Administrator of the Environmental Protection Agency. Sets forth plan approval procedures. Requires the Administrator to: (1) convene a forum of Federal, State, and local authorities and experts in the field of scrap tire management to discuss the requirements of this Act; (2) distribute guidelines and a model plan to States; (3) review approved plans and audit plans periodically; and (4) promulgate plans for States that fail to do so. Sets forth plan requirements and declares that plans must: (1) address the reduction and elimination of existing scrap tire piles that contain more than 3,000 scrap tires; (2) address current and future disposal, recycling, recovery, and reuse of scrap tires; and (3) provide for the issuance of permits to owners or operators of scrap tire collection sites and others who handle scrap tires. Authorizes the Administrator to provide financial assistance to States for purposes of conducting surveys of scrap tire piles and for developing and implementing tire plans. Grants a preference for assistance to applicants who have shown progress in eliminating such piles. Sets forth assistance application procedures. Permits States to apply for assistance in conjunction with neighboring States. Prohibits: (1) the disposal of scrap tires in a landfill, monocell, or monofill; (2) the operation of collection sites, except in compliance with specified regulations; (3) the storage of more than 3,000 scrap tires for more than 60 days at collection sites, unless necessary for further reuse, recovery, or recycling; (4) the commingling of new scrap tires with existing scrap tire piles; (5) the transfer of control over scrap tires for transportation to a collection site to a transporter without a permit; and (6) the operation and maintenance of a pile or collection site, or the delivery or receipt of scrap tires for storage or disposal at a collection site, except in compliance with a permit. Exempts specified persons from such prohibitions if no threat of an adverse effect on human health or the environment will result from the exemption. Authorizes the Administrator to impose alternative requirements as a condition for an exemption. Authorizes civil penalties or civil actions for violations of this Act. Prescribes criminal penalties for knowing violations. Directs the Administrator to prepare guidelines for the Federal procurement of items that make use of rubber from scrap or used tires. Requires the Administrator, together with the heads of appropriate Federal agencies, to: (1) determine the extent of scrap tire piles on Federal property; and (2) implement a plan for, and report to the Congress on, the abatement of such piles. Repeals a provision concerning grants for discarded tire disposal.
United States · United States Congress · 25 July 1991
Coal Field Water Protection and Replacement Act - Amends the Surface Mining Control and Reclamation Act to: (1) modify the requirements relating to water resources protection during coal mining operations; (2) impose criminal penalties upon any representative of a State regulatory authority who fails to implement enforcement duties; (3) include water resources within the purview of requisite performance bonds; and (4) enhance water rights and replacement procedures. Sets forth the criteria under which a State may assume exclusive regulatory jurisdiction over surface coal mining operations.
United States · United States Congress · 25 July 1991
Establishes the Scrap Tire Trust Fund in the Treasury. Provides that the Fund shall consist of a Scrap Tire Reduction Account and a Scrap Tire Recycling Account. Appropriates amounts equivalent to fees collected under this Act to the Accounts. Makes amounts in the Accounts available for: (1) financial assistance to States for conducting surveys of scrap tire piles, developing State tire management plans, reducing and eliminating scrap tire piles, and carrying out parts of such plans relating to tire disposal; and (2) administration of such assistance. Imposes fees on new tires sold by manufacturers or importers from January 1, 1993, through December 31, 2004. Provides for the deposit of such fees into the General Fund of the Treasury.
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 · 25 July 1991
Condemns the use of force to resolve political differences in Yugoslavia. Calls on the Yugoslav army to cease using force to address the current crisis and urges the Federal Yugoslav Government and the government of the Republic of Serbia to respond immediately to calls for negotiations leading to a peaceful settlement of differences. Urges the holding of free and democratic elections in the Republics of Serbia and Montenegro and in the provinces of Kosovo and Vojvodina. Declares that the President should immediately suspend assistance to Yugoslavia and requires the Secretary of the Treasury to instruct the U.S. representatives to international financial institutions to oppose assistance from such institutions to Yugoslavia. Urges that U.S. policy toward Yugoslavia be based on support for democracy, peaceful resolution of disputes, respect for human rights, and establishment of a market economy.
United States · United States Congress · 24 July 1991
Directs the Committee on Appropriations to establish a new Subcommittee on Veterans' Affairs with exclusive subcommittee jurisdiction over the Department of Veterans Affairs and its programs.
United States · United States Congress · 23 July 1991
Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to explicitly prohibit State or local governments from taxing OASDI benefits.
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
Intermodal Surface Transportation Infrastructure Act of 1991 - Declares that: (1) it is a goal of the United States to develop a national intermodal transportation (IT) system that moves people and goods in an energy efficient manner; and (2) the nation's future economic direction is dependent on its ability to confront directly the challenges of the global economy, declining productivity growth, energy vulnerability, air pollution, and the need to rebuild the nation's infrastructure. Title I: Federal-Aid Highways - Declares that the authorizations of appropriations and apportionments for construction of the Dwight D. Eisenhower National System of Interstate and Defense Highways (Interstate System - IS) made by this Act are the final authorizations of appropriations and apportionments for completion of construction of the IS. Directs the Secretary of Transportation to apportion for all States (other than Massachusetts) for FY 1993 specified sums authorized for such year by the Federal-Aid Highway Act of 1956 for expenditure on the IS, based on the apportionment factors contained in Committee Print 102-10 of the House Committee on Public Works and Transportation. Extends specified apportionments for the IS through FY 1997. Authorizes appropriations. Sets forth provisions with respect to: (1) obligation ceilings for Federal-aid highways and highway safety construction programs for FY 1992 through 1996, with exceptions; and (2) the distribution of, limitation on, and redistribution of unused, obligation authority. Authorizes appropriations from the Highway Trust Fund (HTF) for: (1) the State flexible program; (2) the National Highway System (NHS); (3) the urban mobility system (UMS); (4) the rural mobility system (RMS); (5) the combined highway safety improvement program; (6) the bridge program; (7) Indian reservation roads; (8) forest highways; (9) public lands highways; (10) parkways and park highways; (11) Federal Highway Administration (FHWA) safety programs; and (12) FHWA safety research and development programs. Requires: (1) that not less than ten percent of the amounts authorized to be appropriated under titles I and III of this Act be expended with small business concerns owned and controlled by socially and economically disadvantaged individuals, with exceptions; (2) each State to annually survey and compile a list of disadvantaged business enterprises and the location of such concerns in the State, and notify the Secretary, in writing, of the percentage of such concerns which are controlled by women, by socially and economically disadvantaged individuals other than women, and by individuals who are women and also otherwise socially and economically disadvantaged individuals; and (3) the Secretary to establish minimum uniform criteria for State governments to use in certifying whether a concern qualifies as a disadvantaged business enterprise. Specifies that: (1) with respect to highway, safety, and motor carrier budget authority, $5,200,000,000 provided in each of FY 1992 through 1995, and $5,600,000,000 in FY 1996, shall be attributed to estimated revenues resulting from four cents of a five-cent increase in the gas tax effective FY 1992, as provided in this Act; (2) with respect to transit budget authority, $1,300,000,000 provided in each of FY 1992 through 1995, and $1,400,000,000 in FY 1996, shall be attributed to estimated revenues resulting from one cent of such gas tax increase; and (3) excess budget amounts and accompanying outlays shall be considered direct spending for pay-as-you-go and deficit control purposes of the Balanced Budget and Emergency Deficit Control Act of 1985. Prohibits the use of excess revenues for other purposes. Sets forth additional provisions with respect to the apportionment of funds and the designation and use of pay-as-you-go funds. Restructures the Federal-aid highway program by reorganizing it into four Federal-aid systems: (1) the IS; (2) the NHS; (3) the UMS; and (4) the RMS. Requires: (1) each State to functionally reclassify the roads and streets in such State; and (2) the Secretary to approve and submit a report to the Congress containing such reclassification by September 30, 1992. Directs the Secretary to establish a flexible program under which a State may expend funds apportioned to it for carrying out any project or activity for which Federal funds may be obligated under Federal highway provisions. Includes among eligible NHS projects: (1) construction, resurfacing, and rehabilitation of segments of such system; (2) highway safety improvements for segments of such system; (3) highway-related technology transfer activities; (3) public transportation; (4) fringe and corridor parking; (5) carpool and vanpool projects; and (6) bicycle transportation. Includes among eligible UMS and RMS systems: (1) construction, resurfacing, and rehabilitation of segments of such system; (2) highway safety improvements; (3) public transportation; (4) transportation planning; (5) highway-related and public transportation-related technology transfer activities; (6) bicycle transportation and and pedestrian walkways; (7) landscaping, scenic enhancement, and planting of wild flowers; and (8) participation in wetland mitigation banks and statewide programs to create, conserve, or enhance wetland habitat. Authorizes appropriations under the interstate substitute program for highway and transit projects. Sets forth provisions with respect to apportionments: (1) under the interstate substitute program; and (2) for the NHS, RMS, UMS, and the State flexible program. Limits the transferability of NHS apportionments, but provides special transferability rules for nonattainment areas for carbon monoxide or ozone under the Clean Air Act (CAA). Revises program and project approval provisions to bar the Secretary from approving: (1) projects after September 30, 1992, which are not included in a transportation improvement program (TIP); (2) any program of projects in an urbanized area not based on the planning process (under Federal highway provisions) and without consideration by the State of the views of responsible public officials of the affected area; (3) a highway project (other than a project for construction of high occupancy vehicle lanes) in an urbanized area of more than 200,000 population which will significantly increase the motor vehicle carrying capacity of a highway facility unless the project is consistent with a congestion management system for such area; and (4) a highway project which has associated with it a project for the construction of a pedestrian walkway or a bicycle transportation facility under the State TIP unless the Secretary first approves such pedestrian walkway or bicycle transportation project, with exceptions. Directs the Secretary, in approving programs for: (1) NHS projects in non-urbanized areas, to require that such projects be selected by the State in consultation with appropriate local officials; (2) RMS projects, to require that such projects be selected by the State highway department, appropriate local officials, and Indian tribal governments in cooperation with each other, with exceptions; (3) NHS projects, to give preference to such projects as will expedite the completion of an adequate and connected system of highways interstate in character; (4) UMS projects, to require that such projects be selected by the designated metropolitan planning organization (MPO) in consultation with the State; and (5) Federal-aid systems, to give priority to projects which incorporate improved standards and features with safety benefits. Authorizes the Secretary, in approving programs, to give priority of approval to, and expedite the construction of, projects that are recommended by specified officials as important to the national defense. Specifies that, in preparing programs to submit for approval, the Secretary and the State: (1) shall give consideration to projects providing direct and convenient public access to public airports, public ports for water transportation, new town communities, and new town-intown communities; and (2) may give priority to projects for the reconstruction, resurfacing, restoration, or rehabilitation of highways which are incurring a substantial use as a result of transportation activities to meet national energy requirements and which will continue to incur such use. Sets forth provisions with respect to preconstruction activities and contracting for engineering and design services. Requires the Secretary to report to the Congress a national list of rights-of-way identified by the MPOs and the States, including a strategy for preventing further loss of rights-of-way and the desirability of creating a Transportation Right-of-Way Land Bank to preserve vital corridors. Authorizes the States, MPOs, or units of local government (using NHS, UMS, or RMS funds) to purchase threatened rights-of-way subject to certain limitations. Directs the Secretary, in approving such purchases, to give priority to those rights-of-way most imminently threatened with being lost to transportation purposes. Sets forth provisions regarding the availability of Federal funds, set asides for discretionary and 4R (resurfacing, restoring, rehabilitating, and reconstructing) projects, and the Federal share of IS and other Federal-aid highway projects. Bars States from allowing a longer combination vehicle (LCV) to be operated on the IS within its boundaries without having its apportionment of funds withheld, unless authorized under this Act. Authorizes a State to continue to allow LCVs lawfully operated on June 1, 1991, to operate on the IS within its boundaries, subject to specified requirements. Establishes separate requirements for the State of Wyoming. Makes additional exceptions with respect to the operation of certain specialized hauling vehicles on Interstate Route 68 in Garrett and Allegany Counties, Maryland. Directs the Secretary to conduct a study of State and Federal regulations pertaining to transporters of water well drilling rigs on public highways to identify requirements which place a burden on such transporters without enhancing safety or preservation of public highways and to report to the Congress within two years on the results of such study. Exempts firefighting vehicles from axle weight limitations and the bridge formula for vehicles using the IS for two years, subject to renewal for an additional year. Directs the Secretary to conduct a study of State laws regulating the use on the IS of such vehicles and the issuance of permits by States exempting such vehicles from such requirements to determine whether or not: (1) such State laws and Federal highway provisions need to be modified; (2) a permanent exemption should be made for such vehicles; or (3) the bridge formula should be modified as it applies to such vehicles. Sets forth reporting requirements. Directs the Secretary to permit Federal participation in initial construction (current law authorizes such participation in construction) and 4R projects with respect to toll highways, bridges, or tunnels, and conversion of toll-free bridges or tunnels to toll facilities on the same basis as Federal participation is permitted in the construction of free highways. Sets forth provisions with respect to ownership of such facilities, limitations on the use of revenues and on the Federal share, and modification of agreements to allow Federal participation. Eliminates the public operation requirement for toll ferries. Directs the Secretary to void certain agreements with respect to: (1) the Fort McHenry Tunnel, Maryland; and (2) the I-78 Delaware River Bridge. Replaces railway-highway crossing provisions with provisions for a combined highway safety improvement program, under which each State shall: (1) conduct and systematically maintain an engineering survey of all highways to identify hazardous locations, as well as railroad crossings which may require separation, relocation, or protective devices; (2) assign priorities for correction; and (3) establish and implement a schedule of projects for improvements so identified. Sets the Federal share for projects under such program at 80 percent of the cost. Authorizes the Secretary to classify the various types of projects involved in the elimination of hazards of railway-highway crossings and set for each classification a percentage of the costs of construction deemed to represent the net benefit to the railroads for the purpose of determining the railroads' share of construction costs. Sets forth provisions with respect to liability for construction costs, discharge of liability, and enforcement of Act requirements. Provides for the apportionment of funds. Directs the Secretary to set aside $300,000 for Operation Life Saver (a public information and education program to prevent and reduce motor vehicle accidents, injuries, and fatalities, and to improve driver performance at railway-highway crossings). Authorizes the use of funds by local governments for the improvement of railway-highway crossings under specified circumstances. Requires each State to: (1) establish an evaluation process to assess results achieved by highway safety improvement projects and develop cost-benefit data for various types of corrections and treatments which shall be used in setting priorities for such projects; and (2) submit progress reports to the Secretary by December 30 of each year. Directs the Secretary to: (1) initiate a rulemaking proceeding to revise the guidelines and standards for the installation of roadside crash cushions; and (2) coordinate the field testing of the vehicle proximity alert system and comparable systems to determine their feasibility for use by priority vehicles as an effective railroad-highway grade crossing safety device (and, if feasible, to develop and implement programs to install such devices). Sets forth provisions with respect to the control of outdoor advertising. Directs MPOs, in cooperation with the State, to develop transportation plans and programs for urbanized areas of the State which provide for the development of transportation facilities (including pedestrian walkways and bicycle transportation facilities) which will function as an IT system for the State and such urbanized areas. Provides for the designation or redesignation of MPOs for each urbanized area of the State. Sets forth provisions with respect to the area covered by the transportation planning process and the factors to be considered in developing transportation plans and programs, such as: (1) applicable Federal, State, and local energy conservation programs, goals, and objectives; (2) applicable CAA requirements; (3) methods to reduce traffic congestion; (4) the effect of transportation decisions on land use and development; (5) the use of innovative mechanisms for financing projects; and (6) long-range needs of transportation systems in the urbanized area. Sets forth special rules for urbanized areas of greater than 200,000 population. Requires MPOs designated for urbanized areas, in cooperation with the State, to develop a long range transportation plan and a TIP for such area. Requires biennial review and approval of TIPs. Directs the Secretary to establish in the Department of Transportation (DOT) an advisory committee to review: (1) the planning process being utilized by MPOs; (2) the composition and organization of such MPOs; (3) the impact on such MPOs of changing demographics and increased responsibilities under Federal highway provisions and under the CAA; and (4) the relationship between the MPO and statewide planning processes. Sets forth reporting requirements. Sets forth provisions with respect to statewide planning that are analogous to those for metropolitan planning. Authorizes: (1) the Secretary to develop highway construction training and assistance programs in cooperation with Indian tribal governments; and (2) the States to implement a preference for employment of Indians on projects carried out under this title near Indian reservations. Authorizes: (1) the use of RMS or UMS funds for capital improvement to provide access and coordination between intercity and rural bus service, and for construction of facilities to provide connections between highway transportation and other modes of transportation; and (2) the Secretary to approve as a project on any Federal-aid system modifications to existing highway facilities on such system necessary to accommodate other modes of transportation if such modifications will not adversely affect automotive safety or future highway improvements. Makes public mass transportation projects in urbanized areas subject to metropolitan planning requirements under this Act. Directs the Secretary to: (1) inventory all highway bridges on Indian reservation roads and park bridges; (2) classify them according to serviceability, safety, and essentiality for public use; (3) assign each a priority for replacement or rehabilitation; and (4) determine the cost of replacing each such bridge with a comparable facility or of rehabilitating such bridge. Authorizes the Secretary to approve Federal participation in the painting of, or application of calcium magnesium acetate to, the structure of highway bridges upon application by a State for assistance. Provides for the apportionment of discretionary bridge program funds. Authorizes the expenditure of certain funds to rehabilitate, paint, or apply calcium magnesium acetate to highway bridges located on public roads other than those on the Federal-aid system. Requires a set-aside for such activities with respect to Indian reservation bridges. Authorizes the Secretary to carry out specified high cost bridge projects. Authorizes appropriations. Makes permanent the extension of the 65 miles per hour speed limit demonstration program. Directs the Secretary to issue regulations with respect to: (1) the monitoring of programs conducted by the States to ensure uniformity; (2) the placing of devices and equipment at such locations on maximum speed limit highways on a scientifically random basis which takes into account the relative risk of motor vehicle accidents occurring, considering the classes of such highways and the speeds at which vehicles are traveling. Sets forth a formula for the transfer of a State's apportionment of Federal highway funds if such State fails to adequately enforce the speed limit. Requires a State to obligate at least 50 percent of any funds transferred under this title for a fiscal year for speed limit enforcement and public information and education. Requires the Secretary to carry out such provisions through the National Highway Transportation Safety Administration (NHTSA). Provides for the transfer of certain FHWA personnel to the NHTSA to carry out such provisions. Directs the Secretary, on October 1 or as soon as possible thereafter in FY 1992 and each succeeding fiscal year, to allocate among the States amounts sufficient to ensure that a State's percentage of the total apportionments in each fiscal year under Federal highway provisions shall not be less than 90 percent of the percentage of estimated tax payments attributable to highway users in such State paid into the HTF (other than the Mass Transit Account) in the latest fiscal year for which data is available. Authorizes a State, subject to approval by the Secretary, to obligate: (1) UMS and flexible program funds for the construction of pedestrian walkways and bicycle transportation facilities on land adjacent to any highway on a Federal-aid system (other than the IS); and (2) NHS funds for such construction adjacent to any highway funds, at the discretion of the department charged with the administration of such funds, for the construction of such walkways and facilities in conjunction with trails, roads, highways, and parkways on Federal lands. Requires each State receiving an apportionment under this title to fund, in the State transportation department, a position of bicycle and pedestrian coordinator. Authorizes, with respect to highway bridge deck replacement or rehabilitation, such replacement or rehabilitation so as to provide for the safe accommodation of bicycles, subject to certain conditions. Sets the Federal share of pedestrian walkway and bicycle transportation facility construction at 80 percent. Requires such walkways and facilities to be located and designed pursuant to an overall plan with due consideration for safety and contiguous routes. Limits the use of motorized vehicles on pedestrian walkways and trails under this title. Requires that: (1) two percent of funds made available for Indian reservation roads for each fiscal year be allocated to those Indian tribal governments applying for transportation planning; and (2) the Indian tribal government develop a TIP that includes all Indian reservation road projects proposed for funding. Directs the Secretary to: (1) conduct a study on differences between the use of funds out of the HTF on, and the designation of roads as, Indian reservation roads and rural mobility highways; and (2) report to the Congress on the results, together with any recommendations for correcting inequities identified. Requires the Secretary, within one year, to issue regulations for State development, establishment, and implementation of a system (which may include a compliance schedule and minimum standards) for managing: (1) highway pavement of the Federal-aid system; (2) bridges on and off such system; (3) highway and transportation safety; (4) traffic congestion; (5) public transportation facilities and equipment; and (6) IT facilities and systems. Directs the Secretary to issue guidelines and requirements for the State development, establishment, and implementation of a traffic monitoring system for highways and public transportation facilities and equipment. Sets forth additional provisions with respect to State requirements, intermodal requirements, reporting requirements, and funding. Authorizes appropriations for congestion relief projects. Directs the Secretary to: (1) carry out research, development, and technology transfer activities to promote the safe operation and maintenance of commercial motor vehicles in interstate commerce; and (2) make grants to, and enter into cooperative agreements with, a not-for-profit membership organization that has been engaged exclusively in truck-related research and education since 1985. Sets the Federal share of such activities at 100 percent. Authorizes appropriations. Sets forth reporting requirements. Prohibits: (1) the discovery (current law only bars the admission as evidence) of certain reports and surveys compiled to develop a highway safety construction improvement project to enhance the safety of potential accident sites or hazardous conditions; and (2) the Secretary from using iron in highway or urban transit projects (current law specifies only steel and manufactured products used in such projects) that has not be produced in the United States. Sets forth provisions with respect to: (1) relocation assistance regulations relating to the Rural Electrification Administration; (2) a temporary matching fund waiver regarding qualifying State projects; (3) repayment of increases in the Federal share; and (4) deductions from State apportionments where a State has not made the required repayment on or before March 30, 1994. Identifies high priority corridors on the NHS. Directs the Secretary to: (1) include all such corridors on the proposed NHS submitted to the Congress; (2) prepare a long-range plan for the upgrading of each corridor to the appropriate standard for highways on the NHS, including separate plans for developing the corridor and financing the development; (3) prepare feasibility and design studies, as necessary, for those corridors for which such studies have not been prepared; and (4) use procedures for acceleration of projects in carrying out projects on high priority corridors. Requires each State in which a priority segment is located to prepare a detailed plan for completion of construction of such segment and for financing such construction. Authorizes appropriations. Sets forth criteria for States to use in selecting high priority segments of corridors of national significance. Authorizes appropriations out of the HTF for feasibility and design studies under this title. Directs the Secretary to establish a Priority Corridor Revolving Loan Fund. Authorizes the Secretary to make grants under a highway bridge research and demonstration program. Directs the Secretary to: (1) take such action as necessary to ensure that information and technology resulting from such research is made available to State and local transportation departments and other interested persons; and (2) make grants to States for construction of highway timber bridges on the RMS. Sets forth provisions with respect to applications, approval criteria, the Federal share, and funding for such grants. Requires the Secretary to carry out a program for ferry boat construction. Bars the Secretary from disapproving, for five years, a highway project solely on the ground that it includes the use of asphalt containing recycled rubber. Directs the Secretary to: (1) gather information and recommendations concerning such use in highway projects from those States that have extensively researched and experimented with such use and make available such information and recommendations to interested States; and (2) conduct a study on such use, the benefits of such use, and the utilization of other recycled materials in asphalt and report the results within two years to the Congress. Directs the Secretary to carry out highway use tax evasion projects, subject to specified limitations. Authorizes the Secretary to allocate specified funds to the Internal Revenue Service and the States for such purposes. Requires the Secretary to establish an advisory committee to prepare a plan to carry out and coordinate highway use tax evasion projects, monitor the results, provide progress reports to the Secretary, and make recommendations to the Secretary for the distribution of funds. Sets forth provisions with respect to: (1) termination of such committee; (2) State certification requirements (that the State will maintain motor fuel tax enforcement activities at a certain level); (3) reporting requirements; and (4) funding of such projects. Authorizes the Secretary to approve substitute highway, bus transit, and light rail transit projects in lieu of construction of the I-94 East-West Transitway project in Milwaukee and Waukesha counties, Wisconsin. Directs the Army Corps of Engineers, the Environmental Protection Agency, and the FHWA to suspend, for a period of five years from completion of Interstate Route 287 in New Jersey (NJ), the enforcement or implementation of the requirement of the Corps' permit, with respect to the construction of such route, that a wetland mitigation site in Wayne, New Jersey, be in place prior to the opening of the route. Directs the Secretary to: (1) establish within DOT an advisory committee to assist the Secretary with respect to the establishment of a national scenic byways program; and (2) provide technical assistance and make grants to the States for the planning, design, and development of State scenic byways programs. Sets forth provisions with respect to: (1) the membership, function, and reporting requirements of such committee; (2) the Federal share (80 percent); and (3) additional funding provisions. Directs the Secretary to carry out a highway project in Arkansas to demonstrate: (1) the benefits of providing training to county and town traffic officials in the need for and application of uniform traffic control devices; and (2) the safety benefits of providing for adequate and safe warning and regulatory signs. Authorizes appropriations. Sets forth reporting requirements. Authorizes the Secretary to carry out specified: (1) rural access projects; and (2) urban access and mobility projects. Authorizes appropriations. Directs: (1) the Secretary to carry out a project to make modifications to bridges necessary for the Secretary of the Army to carry out a project for flood control at Molly Ann's Brook, New Jersey; and (2) the Governor of New Jersey to carry out all the responsibilities of the Secretary with respect to a highway construction project in Passaic County, New Jersey. Sets forth provisions with respect to certain regulatory interpretations concerning: (1) the coating of steel; and (2) the funding of fusees and flares. Directs the Secretary to conduct a study of the progress being made by the States in adopting and implementing a uniform system for handicapped parking. Sets forth reporting requirements. Requires: (1) not less than five percent of the mileage of roadside barriers installed along Federal-aid highways within the boundaries of a State in each calendar year to be innovative safety barriers; and (2) each State to annually certify to the Secretary the Secretary compliance with such requirement. Directs the Secretary to conduct a survey to identify current State standards (to determine the necessity of upgrading such standards to enhance highway safety) relating to geometric design, traffic control devices, roadside safety, safety appurtenance design, uniform traffic control devices, and sign legibility and directional clarity for all Federal-aid highways, taking into consideration posted speed limits as they relate to highway design. Sets forth reporting requirements. Sets forth: (1) the effective date of this title; and (2) provisions with respect to the availability and transferability of unobligated balances. Authorizes appropriations. Authorizes the Secretary to carry out specified advanced technology projects. Authorizes appropriations. Title II: Highway Safety - Requires (as a prerequisite to the Secretary's approval) that each State's highway safety program include the following programs: (1) drunk driving; (2) speeding; (3) occupant protection; (4) emergency medical services; (5) uniform data collection and reporting; (6) accident location; (7) highway design, construction, and maintenance; and (8) traffic engineering. Permits the Secretary to approve a State's highway safety program only if it includes three or more of the following programs: (1) bicycle safety; (2) pedestrian safety; (3) school bus safety; (4) traffic record system; (5) police traffic services; (6) motorcycle safety; and (7) such other programs as the Secretary may establish by regulation. Bars the Secretary from approving a State highway safety program that does not provide: (1) that at least 40 percent of Federal funds apportioned to the State for a fiscal year be expended by the political subdivisions of the State, including Indian tribal governments (current law makes no mention of tribal governments); and (2) adequate and reasonable access for the safe and convenient movement of individuals with disabilities (currently, physically handicapped persons). Authorizes the Secretary to waive the 40 percent requirement whenever the Secretary determines that there are an insufficient number of local highway safety programs to justify the expenditure in the State of such percentage of Federal funds during the fiscal year. Directs the Secretary to issue regulations establishing minimum standards for State highway safety programs to be approved under this title which: (1) with respect to the drunk driving, speeding, occupant protection, and police traffic services programs, must include public information, education, and law enforcement components; and (2) may require a State highway safety program to include adoption and enforcement of State law authorizing the use of automatic speed detection devices by law enforcement officers. Specifies that such highway safety requirements and regulations shall, to the extent deemed appropriate by the Secretary, be applicable to federally administered areas where a Federal agency controls the highways or supervises traffic operations. Applies provisions of this title to Indian reservations. Specifies that 95 percent of the funds apportioned to the Secretary of the Interior under this title shall be expended by Indian tribes to carry out highway safety programs within their jurisdictions. Bars the admission as evidence, or use in any action for damages, of traffic record system data. Sets forth reporting requirements with respect to legislation necessary to implement programs developed by the Secretary to reduce traffic-related deaths and injuries. Revises highway safety research and development provisions to authorize the Secretary to: (1) use appropriated funds to engage in research on all phases of highway safety and traffic conditions; and (2) undertake, on a cost-shared basis, collaborative research and development with non-Federal entities which may include crash data collection and analysis, driver and pedestrian behavior, and demonstrations of technology. Bars the Secretary from agreeing to provide more than 50 percent of the cost of any such research and development project. Revises drunk driving provisions to authorize the Secretary to make grants to States which adopt and implement effective programs to reduce traffic safety problems resulting from persons driving while under the influence of alcohol or a controlled substance. Requires States, to be eligible for basic grants, to provide for: (1) the prompt suspension, for a period of not less than 90 days for a first offender and one year for a repeat offender, of the driver's license of any individual who a law enforcement officer has probable cause under State law to believe has committed an alcohol-related traffic offense and who is determined, based on one or more chemical tests, to be intoxicated or who refuses to submit to such a test; (2) a mandatory sentence, not subject to suspension or probation, of imprisonment for not less than 48 consecutive hours or not less than 100 days of community service, of any person convicted of driving while intoxicated (as defined by this Act) more than once in any five-year period; (3) a statewide program for stopping motor vehicles on a nondiscriminatory, lawful basis to determine whether or not operators of such vehicles are driving while under the influence of alcohol; and (4) a self-sustaining drunk driving prevention program under which a significant portion of the fines or surcharges collected from individuals apprehended and fined for operating a motor vehicle while under the influence of alcohol are returned, or an equivalent amount of non-Federal funds are provided, to those communities which have comprehensive programs for the prevention of such operation of motor vehicles. Modifies or adds provisions with respect to supplemental grants, limits on administrative expenses, apportionment of funds, and reapportionment of noneligible State funds. Authorizes the Secretary, in the case of a local highway program carried out by an Indian tribe with insufficient funds to meet the non-Federal cost of such program, to increase the Federal share of the cost. Authorizes the Secretary to make grants to States which have in effect specified State motorcycle helmet and safety belt use laws, to: (1) educate the public about motorcycle and passenger vehicle safety, and motorcycle helmet, safety belt, and child restraint system use and to involve public health education and other related agencies in such efforts; and (2) train law enforcement officers in the enforcement of, monitor the rate or compliance with, and enforce, such laws. Sets forth provisions with respect to: (1) the maintenance of State expenditures for traffic safety programs; (2) the Federal share of the cost; (3) eligibility requirements; (4) measuring rates of compliance; and (5) penalties for failing to have in effect such laws. Authorizes appropriations. Authorizes appropriations for: (1) NHTSA highway safety programs; and (2) the alcohol traffic safety incentive grant program. Directs the Secretary, acting through the NHTSA, to establish a regional program for implementation of drug recognition programs and for training law enforcement officers to recognize and identify individuals who are operating a motor vehicle while under the influence of alcohol or one or more controlled substances or other drugs. Authorizes appropriations. Amends the National Driver Register Act of 1982 to make authorizations of appropriations for highway safety educational programming and a study of the use of mass media to educate the public about ways of reducing the number and severity of highway accidents. Title III: Federal Transit Act of 1991 - Federal Transit Act of 1991 - Amends Federal law to rename the Urban Mass Transportation Administration of the Department of Transportation the Federal Transit Administration. Amends the Urban Mass Transportation Act of 1964 (the Act) to delete specified provisions relating to the authority of the Secretary of Transportation (Secretary) to issue letters of intent with respect to grants and loans for mass transportation projects. Directs the Secretary to apportion certain amounts for FY 1992 through 1996 for rail and guideway modernization for certain urbanized areas. Earmarks a portion of the funds made available for construction of new fixed guideway systems and extensions for obligation at the Secretary's discretion for systems planning, alternative analysis, and preliminary engineering. Earmarks a specified amount at the Secretary's discretion for grants to States and local public bodies and agencies to prevent crime and to increase security in existing and future transit systems. Revises certain criteria to prohibit the making of grants or loans for construction of new fixed guideway systems or extensions unless such proposed projects: (1) have undergone a cost-effectiveness analysis; and (2) are included, after September 30, 1992, in a transportation improvement program. Requires the Secretary to report annually to specified congressional committees on factors which the Secretary considers they should use in authorizing such projects. Allocates on a percentage basis grants or loans for mass transportation projects for FY 1992 through 1996 for: (1) rail modernization; (2) construction of new fixed guideway systems and extensions to such systems;(3) replacement, rehabilitation, and purchase of buses and related equipment and the construction of bus-related facilities; and (4) apportionments to States for eligible capital projects and Federal highway programs. Prohibits States (other than the Commonwealth of the Northern Mariana Islands, Guam, American Samoa, and the Virgin Islands) from receiving for any fiscal year beginning after September 30, 1991, less than one-third of one percent of funds available from the Mass Transit Account of the Highway Trust Fund for transportation projects under this Act. Treats such named territories together as one State. Makes provisions of title 23 of the United States Code (relating to Federal-aid highway projects) applicable to State projects that are funded under this Act. Sets at 80 percent (or any lower percentage mandated) the Federal share of costs with respect to Federal-aid highway and mass transportation projects. Authorizes the remainder of net project costs of a planned extension to a fixed guideway system to include the cost of rolling stock previously purchased if an applicant demonstrates that such purchase was made: (1) solely with non-Federal funds; and (2) for use on such extension. Increases the percentages of block grant funds available for expenditure for mass transportation projects in urbanized areas with more than, and less than, a population of 200,000, respectively. Extends the Secretary's authority to investigate safety conditions of mass transportation projects financed under the block grant program. Redefines the term "associated capital maintenance items" to include supplies. Provides for an annual increase in the amount of mass transportation funds that may be used for operating assistance by urbanized areas regardless of size (currently, for urbanized areas with less than a population of 200,000). Authorizes States to transfer their apportionment of mass transportation block grant funds for urbanized areas with populations with less than 200,000 to their apportionment for Federal-aid highway projects. Requires contracts for engineering and design services with respect to mass transportation projects to be performed and audited in compliance with cost principles contained in the Federal acquisition regulations of the Code of Federal Regulations. Defines "transit" to mean mass transportation. Authorizes the Secretary to transfer to any public body for any public purpose facilities and equipment and other assets (including land) acquired by a recipient of Federal transportation funds but no longer needed. Sets forth specified determinations to be made by the Secretary with respect to the transfer of such assets for purposes other than for mass transportation. Defines a turnkey system project as a vendor-specific project under which a recipient contracts with a vendor to build a transit system that meets specific performance criteria and which is operated by such vendor for a period of time. Authorizes the Secretary to allow the solicitation for a turnkey system project to be conditionally awarded before Federal requirements are met so long as such award is made without prejudice to such requirements. Authorizes transit service providers who receive Federal transportation assistance under programs for elderly and handicapped persons and rural transportation programs to assist in providing meal delivery service for homebound persons if such service does not conflict with the provision, or result in a reduction, of mass transportation services. Authorizes States to transfer portions of their apportionment of formula grants for public transportation projects in rural areas to their apportionment for Federal-aid highway projects. Requires the Secretary, before apportioning any such formula grants after September 30, 1991, to set aside a specified amount for the development and support of intercity bus transportation. Defines the term "construction" with regard to transportation construction projects to include acquisition of materials and supplies. Authorizes appropriations from the Treasury and the Mass Transit Account of the Highway Trust Fund for FY 1992 through 1996 for: (1) block grants for mass transportation projects in urbanized areas; (2) formula grants for public transportation projects in rural areas; (3) mass transportation and construction projects; (4) rural transportation programs; (5) mass transportation services for elderly and handicapped persons; (6) projects for the deployment of innovative techniques and methods in the management and operation of public transportation services; (7) transportation research, development, and demonstration projects; (8) long-range transportation planning programs and technical studies; (9) grants to public and private nonprofit educational institutions to assist in establishing comprehensive research in the problems of transportation urban areas; (10) rural transit assistance programs; (11) human resources programs in public transportation activities; (12) administrative expenses of the Secretary; and (13) university transportation centers. Makes funds available from the Highway Trust Fund (other than the Mass Transit Account) for FY 1992 through 1996 for such transportation centers. Makes specified Federal transportation funds available to the Secretary for making grants, or entering into contracts, for: (1) transportation research, development, and demonstration projects; (2) long-range transportation planning programs and technical studies; (3) fellowships for training of personnel employed in managerial, technical, and professional positions in the public transportation field; (4) public and private nonprofit educational institutions to assist in establishing comprehensive research in the problems of transportation in urban areas; (5) rural transit assistance programs; or (6) human resources programs in public transportation activities. Requires the Secretary to make a specified amount of such funds available for transit-related technical assistance, demonstration programs, special demonstration initiatives, research, public education, and other activities that the Secretary deems appropriate to help transit providers comply with the Americans With Disabilities Act of 1990. Authorizes the Secretary to undertake a program of transit technology development. Requires the Secretary to establish an industry technical panel to assist in identifying priority technology development areas and in establishing guidelines for project development, project cost sharing, and project execution. Earmarks a specified amount of funds for: (1) State transit cooperative research programs; and (2) State and local transportation planning, research, and training in urbanized areas. Requires the Secretary, as part of the transit cooperative research program, to establish an independent governing board to recommend transit research, development, and technology transfer activities. Authorizes the Secretary to make grants to, and enter into cooperative agreements with, the National Academy of Sciences to implement such activities. Requires the Secretary to report biennially to specified congressional committees an estimate of the future transit needs of the Nation, including in rural areas (particularly access to health care facilities). Requires the Secretary to enter into a full funding grant agreement for the provision of Federal transportation assistance to the New Jersey Urban Core Project. Exempts such project from certain requirements under the Act relating to criteria for new construction of fixed guideway systems. Directs the Secretary to complete a draft environmental impact statement for an extension of the San Francisco Bay Area Rapid Transit District (BART) to the San Francisco International Airport. Directs the Secretary to make grants to BART and to Santa Clara County Transit District (SCCTD) to conduct preliminary engineering and complete environmental impact statements on the locally preferred alternative for the extension of Bart to the San Francisco International Airport and for the Tasman Corridor Project. Sets forth a schedule for approval of the construction of such projects. Directs the Secretary, upon such approval, to execute a multiyear grant agreement with BART to permit the expenditure of funds for the construction of the BART San Francisco International Airport Extension and with SCCTD for the construction of the Tasman Corridor Project. Requires the Secretary to execute full funding grant agreements (consistent with Metropolitan Transportation Commission Resolution No. 1876) with BART for Colma and the San Francisco International Airport, and with SCCTD for the Tasman Corridor Project. Directs the Secretary to enter into a full funding grant agreement with a public transportation authority for construction of a suspended light rail system technology pilot project in Altoona, Pennsylvania. Requires the Secretary, not later than April 1, 1992, to complete and publish in the Federal Register a final supplemental environmental impact statement for Minimum Operable Segment-3 (other than the East Side Extension) of the Los Angeles Metro Rail Project. Requires the Secretary to negotiate with the Los Angeles County Transportation Commission on an amendment to a specified full funding contract for construction of Minimum Operable Segment-2 of the Los Angeles Metro Rail Project in order to include construction of Minimum Operable Segment-3, including a commitment for Federal funding for the East Side Extension, in such contract. Directs the Secretary to enter into multiyear grant agreements with certain States for the construction of specified transportation projects. Directs the Federal Transit Administration to allow petroleum violation escrow account funds spent by the New Jersey Transit Corporation on transit improvements to be applied as credit towards the non-Federal match for any transit project funded under the Act. Increases the limitation on operating assistance for the Niagara Frontier Transit Authority by $4,000,000 to provide assistance for the World University Games. Forgives the outstanding balance on a specified grant agreement made to the Fayettville Transit Authority, North Carolina. Extends the repayment period on the outstanding balances due on certain loans made to the Southeastern Pennsylvania Transit Authority. Title IV: Motor Carrier Act of 1991 - Motor Carrier Act of 1991 - Amends the Surface Transportation Assistance Act of 1982 to add as conditions for approval of State plans (to be eligible for commercial motor vehicle safety enforcement grants) that such plans ensure that: (1) activities funded under such Act do not diminish the effectiveness of development and implementation of commercial motor vehicle safety programs; (2) fines imposed and collected by the State for violations of commercial motor vehicle safety regulations will be reasonable and appropriate; and (3) the designated State agency will coordinate the plan with respect to commercial motor vehicle safety with the State highway safety plan. Requires State plans to provide for maintenance of the level of expenditures for enforcement of commercial motor vehicle size and weight limitations, drug interdiction, and State traffic safety laws and regulations as conditions for approval of such plans. Authorizes a State, subject to specified limitations, to use grant funds for: (1) enforcement of commercial motor vehicle size and weight limitations at locations other than fixed weight facilities, at specified geographical locations (such as steep grades or mountainous terrains), or at seaports where intermodal shipping containers enter and exit the United States; (2) detecting the unlawful presence of controlled substances in a commercial motor vehicle or on the person of any occupant of such vehicle; and (3) enforcement of State traffic laws and regulations designed to promote safe operation of commercial motor vehicles. Authorizes appropriations. Makes grants available for expenditure by States for a period of three (currently, one) years, to be available until expended (currently, for the fiscal year and the three succeeding fiscal years). Authorizes the Secretary to deduct up to one (currently, one half) percent of funds made available for administering the grant program in specified fiscal years. Directs the Secretary, on October 1 of each fiscal year, or as soon thereafter as is practicable, to allocate (after making such deduction) among the States whose applications for grants have been approved, the funds authorized to be appropriated for such fiscal year pursuant to criteria established by the Secretary. Requires the Secretary to obligate funds for specified fiscal years for: (1) training of hazardous materials inspectors; (2) commercial motor vehicle information system review; (3) the truck and bus accident data grant program; and (4) research, development, demonstration, and training manuals. Authorizes appropriations for motor carrier safety functions of the FHWA. Sets forth reporting requirements. Authorizes the Secretary to: (1) establish, as part of the motor carrier safety information network system of DOT and similar State systems, an information system (paid for by user fees) which will serve as a clearinghouse and depository of information pertaining to State registration and licensing of commercial motor vehicles and the safety fitness of the registrants of such vehicles; and (2) authorize the operation of such system by contract, through an agreement with a State or States, or by designating a third party which represents the interests of the States. Directs the Secretary to: (1) conduct a review of State motor vehicle registration systems pertaining to license tags for commercial motor vehicles; (2) establish standards to ensure uniform data collection and reporting by all States; and (3) include, as part of the information system established under this title, information on the safety fitness of the registrant of the commercial motor vehicle and such other information as the Secretary considers appropriate. Directs the Secretary to make grants to States: (1) to carry out a project to demonstrate methods of establishing an information system which will link the motor carrier safety information network system of DOT and similar State systems with the motor vehicle registration and licensing systems of the States; (2) which agree to adopt, or have adopted, the recommendation of the National Governors' Association with respect to police accident reports for truck and bus accidents; (3) and to other persons for research, development, demonstrations, and information systems designed to promote commercial motor vehicle safety and which will be beneficial to all U.S. jurisdictions; and (4) to assist in educating the motoring public on its shared responsibility with operators of commercial motor vehicles for highway safety. Authorizes the Secretary to pay for the development, printing, and publication of manuals or other materials used in training roadside inspectors of commercial motor vehicles. Prohibits any State, effective January 1, 1994, from requiring a motor carrier holding a certificate or permit (certificate) issued under this title to: (1) file and maintain such certificate; (2) register motor vehicles operated under such certificate; (3) display or carry on any vehicle a decal, stamp, cab card, or other means of identification evidencing the lawfulness of any transportation or service provided under such certificate; or (4) pay a fee with respect to any such activities. Specifies that nothing in this title shall be construed as limiting the authority of a State to require a motor carrier to file and maintain proof of insurance or qualification as a self-insurer. Provides for reimbursements to States for specified loss revenues in FY 1992, subject to certain requirements. Bars States from allowing on the IS and those classes of qualifying Federal-aid primary system highways as designated by the Secretary any commercial motor vehicle with two or more cargo carrying units (not including the truck tractor), whose cargo carrying units are of a length greater than were authorized by State statute or regulation and were being lawfully operated on the IS and such classes of highways on or before June 1, 1991, with specified exceptions. Makes separate requirements for Wyoming. Sets forth provisions with respect to: (1) additional State restrictions; (2) the publication of State laws governing such vehicles; and (3) State certifications (of such vehicles which are permitted), review of certifications, and related requirements. Directs: (1) the Secretary to initiate a rulemaking (within 60 days) and issue a final regulation (within two years) establishing minimum training requirements for operators of LCVs; (2) the Comptroller General to conduct a study of the safety of LCVs; (3) the Secretary to conduct a study comparing the effects of driving LCVs and driving other truck-trailer combination vehicles on drivers, including driver fatigue; and (4) the Secretary to conduct tests with respect to the operations of LCVs. Sets forth reporting requirements. Requires the Secretary to establish a working group to: (1) establish procedures for resolving disputes among States participating in the International Registration Plan (the interstate agreement for the apportionment of vehicle registration fees paid by motor carriers, developed by the American Association of Motor Vehicle Administrators); (2) provide technical assistance to States participating in the Plan; and (3) make grants to States and appropriate persons to facilitate participation in the Plan. Sets forth reporting requirements. Specifies that, after September 30, 1996, no State (other than a State which is participating in the Plan) shall establish, maintain, or enforce any law or regulation which limits the operation of any commercial motor vehicle within its borders which is not registered under the laws of the State if the vehicle is registered under the laws of any other State. Authorizes: (1) and directs the Attorney General, upon the request of the Secretary, to institute a civil action for injunctive relief to assure compliance with such vehicle registration requirement; and (2) the court to issue a mandatory injunction (and directs the court to issue a temporary restraining order or preliminary or permanent injunction, upon a proper showing) to assure such compliance. Authorizes appropriations. Permits a common carrier to establish a rate and related rule equal to the rate charged for the transportation of one individual when that rate is for the transportation of: (1) a disabled individual and accompanying attendant (as under current law) or animal trained to assist the individual, or both, when required because of the disability; or (2) a hearing-impaired individual and a dog trained to assist the individual. Title V: Intermodal Transportation - Declares it to be Government policy to encourage and promote a national IT system in the United States. Includes among the duties of the Secretary to coordinate Federal policy on IT and initiate policies to promote efficient IT in the United States. Requires: (1) the Secretary to establish within DOT an Office of Intermodalism, headed by a Director; and (2) the Director to develop and maintain an IT data base (and make information from such data base available to private individuals and public agencies), to be responsible for coordinating Federal research on IT and for carrying out research needs identified by the National Commission on Intermodal Transportation (established pursuant to this Act), and to provide technical assistance to States and MPOs in urban areas having a population of 1,000,000 or more in collecting data relating to IT to facilitate the collection of such data. Directs the Secretary to make grants to not more than six States for the purpose of developing model State IT plans, including systems for collecting data relating to IT, subject to specified requirements. Establishes a National Commission on Intermodal Transportation to investigate and study IT in the United States and internationally, including: (1) intermodal standardization; (2) intermodal impacts on public works infrastructure; (3) legal impediments to efficient IT; (4) financial impediments; (5) new technologies; (6) documentation; (7) research and development; and (8) productivity. Sets forth provisions with respect to the membership and qualifications, and termination, of such Commission, compensation, terms of office, vacancies, travel expenses, staff, administrative support, and obtaining official data. Sets forth reporting requirements. Authorizes the Secretary to carry out specified priority IT projects. Authorizes appropriations.
United States · United States Congress · 17 July 1991
Amends the Higher Education Act of 1965 to establish the Teacher Opportunity Corps (TOC) program, to encourage institutions of higher education to offer educational programs and financial assistance to enable paraprofessionals working in shortage area schools serving disadvantaged students to become certified teachers. Directs the Secretary of Education (the Secretary) to allocate TOC program grant funds to States according to the same formula under which States receive chapter 1 funding (i.e. funding for education of disadvantaged children under chapter 1 of title I of the Elementary and Secondary Education Act of 1965). Sets forth a minimum State allotment. Requires TOC grant program agreements to include provisions for administration and recordkeeping by the State education or higher education agency. Authorizes the Secretary to make grants to States to support TOC programs at institutions of higher education. Sets forth State grant application requirements and general criteria for State grants, including: (1) involvement of institutions of higher education and shortage area schools or school districts; (2) full credit of education program courses to a baccalaureate program leading to teacher certification; and (3) a program evaluation system. Requires any paraprofessional who receives student financial assistance under the TOC program to agree to act as a paraprofessional in a shortage area school for at least one year for each year of such assistance, within ten years after completing the postsecondary education. Requires repayment of all or part of such such assistance, plus interest and reasonable collection costs, if the recipient fails to comply with such service requirement, except under specified circumstances. Requires that such student financial assistance supplement, but not supplant, other Federal or State assistance for which the student would otherwise qualify. Requires TOC program grants to be for a term of at least five years, subject to availability of appropriations. Allows States to use TOC program funds for: (1) student financial assistance to paraprofessionals to pay part or all of costs of attendance (including child care) in postsecondary education programs required for teacher certification; and (2) supportive services for such paraprofessionals during participation in such programs. Authorizes appropriations for FY 1993 through 1997 for the TOC program.
United States · United States Congress · 17 July 1991
Technical Education and Training Act of 1991 - Requires the Director of the National Science Foundation (NSF) to carry out an advanced technical education and training program under which accredited associate-degree-granting colleges, using matching non-Federal funds, provide training in technical competencies in strategic fields, with emphasis on collaborative programs with local employers and on attracting nontraditional students seeking to upgrade skills, recent high school graduates, and high school dropouts. Sets forth program elements, including: (1) model instructional programs in state-of-the-art competencies in advanced-technology occupations; (2) faculty development in laser technology, robotics, fiber optics, electronics, and other advanced technologies; and (3) private sector participation and provision of work experience opportunities. Requires the Director to: (1) award competitive grants to associate-degree-granting colleges; and (2) establish an inventory of advanced technical education and training programs. Requires the appointment of a National Advisory Council on Advanced Technical Education and Training to ensure the program is consistent with the needs of industries and provide other advice and evaluations. Requires an annual report from the Council to the NSF and the Congress. Requires the program to give emphasis to training to accommodate working people, parents, and the handicapped. Requires the designation of ten centers of excellence among associate-degree-granting colleges to serve as national and regional clearinghouses for educational institutions striving to upgrade their technical education programs and mathematics and science courses. Requires the Director to make: (1) no fewer than 20 grants annually to associate-degree-granting colleges to develop partnerships in mathematics and science education with secondary schools in the community; and (2) grants for partnerships with four-year academic institutions to enable students to achieve bachelor degrees in mathematics, science, engineering, or technology.
United States · United States Congress · 17 July 1991
Urges the United States Trade Representative to initiate negotiations with South Africa in order to enter into a bilateral arrangement governing the importation of South African steel that is consistent with the steel trade liberalization program announced by the President on July 25, 1989.
United States · United States Congress · 16 July 1991
Social Security Protection Act of 1991 - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to exclude the appropriations for the administration of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund from Federal budget deficit calculations and to exempt such appropriations from sequestration under such Act.
United States · United States Congress · 16 July 1991
Directs the Board of Governors of the Federal Reserve System and the Federal Deposit Insurance Corporation to establish minimum requirements for accounts providing basic consumer depository services in order for such accounts to qualify as lifeline accounts. Provides assessment credits for qualifying depository institution activities in distressed communities. Establishes the Community Enterprise Assessment Credit Board. Authorizes a depository institution located in a distressed community to sell insurance under specified conditions.
United States · United States Congress · 15 July 1991
Prohibits the Secretary of Veterans Affairs from making any payment for covered drugs and biologicals unless the price charged by the manufacturer is determined in accordance with an agreement between the Secretary and the manufacturer pursuant to the Social Security Act, under which the price charged cannot exceed the price charged as of September 1, 1990, increased by the sum of the covered drug updates. States that such pricing agreement shall apply to any drug or biological product procured by the Department of Veterans Affairs that is: (1) purchased under a depot contracting system; or (2) listed under the Federal Supply Schedule of the General Services Administration on or after January 1, 1990. Amends the Social Security Act to exclude the prices for prescription drugs procured by the Federal Government from the calculation of best price procurement for purposes of application of Medicaid rebate agreements. Directs the Secretary to conduct a study of, and report to the Senate and House Veterans' Affairs Commitees on, the costs and availability of drugs and biological products for programs of the Department as they relate to exemptions and limitations under this Act.
United States · United States Congress · 15 July 1991
American Jobs and Manufacturing Preservation Act of 1991 - Amends the Internal Revenue Code to include imported property income of a controlled foreign corporation or related person as foreign base company income. Defines imported property income as that from: (1) manufacturing, producing, growing, or extracting imported property; (2) the sale, exchange, or other disposition of imported property; or (3) the lease, rental, or licensing of imported property. Requires the separate application of the limitation on the foreign tax credit on imported property income. Applies the look-thru rules in the case of controlled foreign corporations to such income.
United States · United States Congress · 11 July 1991
Magnetic Levitation Research, Development, and Construction Act of 1991 - Establishes a national magnetic levitation design program to be managed jointly by the Secretary of Transportation (Secretary) and the Assistant Secretary of the Army for Civil Works (Assistant Secretary). Directs the Secretary and Assistant Secretary to establish a National Meglev Joint Project Office. Requires them to develop and transmit to appropriate congressional committees a national strategic plan for the design and construction of a prototype magnetic levitation system. Authorizes eligible participants to submit to the Meglev Project Office a proposal for research and development of a conceptual design for a magnetic levitation system and an application for a grant to conduct such research and development (R and D). Directs the Secretary and Assistant Secretary to: (1) award one-year phase-one R and D to grants to no less than six applicants which agree to report the results to such Office and provide for the ten percent non-Federal share of the grant costs; (2) select not more than three participants to receive one-year phase-two grants for R and D leading to a final design for a magnetic levitation system if they agree to provide for the 20 percent non-Federal share of such grant costs; (3) select, after receiving such final design, one design for development into a full scale prototype magnetic levitation system; and (4) award, after selection of such design, one prototype construction grant to a State, local government, organization of State or local governments, consortium of U.S. private businesses, or any combination of such entities in order to construct a prototype magnetic levitation system in accordance with such design. Requires the Secretary and Assistant Secretary to provide to appropriate congressional committees periodic reports on progress made with regard to such systems. Prohibits the disclosure of trade secrets or commercial or financial information that is privileged or confidential which is obtained from a U.S. business, research, or education entity as a result of activities under this Act. Subjects the research, development, and use of any technology developed pursuant to agreement under this Act, including the terms under which any technology may be licensed and resulting royalties distributed, to the provisions of the Stevenson-Wydler Technology Innovation Act of 1980. Authorizes the Secretary and Assistant Secretary to require grant recipients to assure that research and development be performed and that products of inventions made under such agreeement be manufactured substantially in the United States. Amends the Federal-Aid Highway Act of 1987 to require the Secretary (current law authorizes the Administrator of the Federal Highway Administration) to authorize States to make available without charge, to a publicly or privately owned authority or company, any lands and rights-of-way, where sufficient, within the publicly acquired rights-of-way of highways built with Federal funds in order to accommodate passenger or commuter rail, high speed ground transportation systems (including magnetic levitation systems or steel-wheel high speed rail systems), or highway public mass transit facilities. Authorizes States to permit governmental use, use by public or private entities for high speed ground transportation systems (including magnetic levitation systems), or other transit utility use and occupancy of airspace rights-of-way, without charge, for transportation projects funded under such Act or this Act. Authorizes appropriations from the Highway Trust Fund.
United States · United States Congress · 11 July 1991
Access to Life-Saving Therapies Act - Amends the Federal Food, Drug, and Cosmetic Act to direct the Secretary of Health and Human Services, through the Food and Drug Administration, to approve, at the request of the sponsor and on an expedited basis, a drug or biologic needed to treat or prevent a life threatening disease or seriously debilitating illness if the drug or biologic meets certain conditions, including some indications of effectiveness and safety and a lack of alternative satisfactory therapy. Deems an application under the amendments made by this Act approved unless other action is taken within 120 days. Prohibits any health insurance policy or plan from distinguishing, for the purpose of determining whether a drug is eligible for coverage or reimbursement, between a drug approved under the amendments made by this Act and one approved under specified other provisions of the Public Health Service Act. Mandates suspension of approval under the amendments made by this Act if at least two subsequent studies fail to confirm the initial safety and efficacy conclusions. Requires written informed consent for administration of a drug approved under amendments made by this Act.
United States · United States Congress · 11 July 1991
Community Right-To-Know More Act of 1991 - Amends the Solid Waste Disposal Act to revise congressional findings, objectives, and national policy provisions. Title I: Expansion of Toxics Release Inventory - Requires owners or operators of facilities subject to toxic chemical release requirements under the Emergency Planning and Community Right-To-Know Act of 1986 that meet threshold requirements under this Act to include supplemental information comparable to that required in toxic chemical release forms for transfers or releases of chemicals that are: (1) priority pollutants relating to steam electric power point source pollutants under the Federal Water Pollution Control Act; (2) specified hazardous wastes listed under the Solid Waste Disposal Act; (3) specified chemicals listed under the Clean Air Act; (4) pesticides with respect to which the registration has been denied, cancelled, or is under suspension or pesticides undergoing administrative review or that are classified for restricted use; (5) chemicals listed under the Safe Drinking Water Act for which maximum contaminant levels have been proposed; (6) chemicals identified as carcinogens by the Carcinogen Assessment Group of the Environmental Protection Agency (EPA), the International Agency for Research on Cancer, or the National Toxicology Program; (7) extremely hazardous substances listed pursuant to the Emergency Planning and Community Right-To-Know Act of 1986; (8) chemicals listed in 90 California Regulatory Notice Register 990 as reproductive toxins; or (9) listed under the Emergency Planning and Community Right-To-Know Act of 1986 that are not used at a level that meets threshold requirements for reporting but are released to the environment or transferred to an offsite waste management facility in amounts meeting the threshold under this Act. Provides that a facility meets the threshold requirements with respect to a chemical listed under this Act if the facility: (1) uses the chemical at a level that meets the threshold requirement for reporting under the Emergency Planning and Community Right-To-Know Act of 1986; or (2) releases to the environment or transfers to an offsite waste management facility a chemical in an amount greater than or equal to 100 pounds annually in the case of metals or metal compounds or 2,000 pounds annually for any other chemical. Authorizes the EPA Administrator to establish lower thresholds for any chemical, user segment, or facility. Permits authorized States to establish lower thresholds for facilities in their jurisdictions. Authorizes the Administrator to delete a carcinogen or reproductive toxin from the list under this Act if it is not otherwise listed under this Act or the Emergency Planning and Community Right-To-Know Act of 1986. Applies toxic chemical release reporting requirements to facilities employing at least ten full-time employees that are not currently subject to such requirements, but meet threshold reporting requirements under this Act or the Emergency Planning and Community Right-To-Know Act of 1986. Title II: Toxics Use Reduction - Requires owners or operators of covered facilities to submit: (1) annual toxics use reduction reports for each covered chemical for which such facilities are required to file toxic chemical release forms or supplemental information pursuant to title I; and (2) annual plans for reducing the use of covered chemicals. Sets forth report and plan requirements and submission deadlines. Authorizes the Administrator to modify such plans. Requires the Administrator to establish an advisory board to determine a professional code of practice for toxics use reduction materials accounting and planning. Directs owners or operators of facilities in violation of standards, permit conditions, or regulations pertaining to the management or release of covered chemicals, upon the request of 50 citizens or employees, to establish a workplace toxic use reduction committee to provide ongoing dialogue and appraisal of the progress toward pollution prevention. Requires the committee to meet at least quarterly to review a facility's progress on toxics use reduction. Directs the Administrator to implement a strategy to promote toxics use reduction. Requires the Administrator, Federal agencies, and States or political subdivisions, in issuing or approving regulatory action under specified environmental, consumer protection, occupational health and safety, and energy Acts, to make toxics use reduction an integral part of the planning, decisionmaking, and rulemaking process. Authorizes the Administrator to require owners or operators of facilities to provide records and information and grants the Administrator access to records, products, or raw materials. Requires the Administrator to establish a technical assistance and research program to promote and study toxics use reduction. Directs the Administrator to analyze information on production units reported by facilities for purposes of classifying such units into groups that use similar production processes and covered chemicals. Authorizes the Administrator to classify such units into groups on the basis of industrial categories according to Standard Industrial Classification codes. Requires the Administrator to: (1) classify ten groups, to be referred to as user segments; (2) evaluate the reduction in the use and generation of covered chemicals by each production unit in each user segment; and (3) prepare and make available to the public an annual percentile ranking of each unit according to use and generation as byproduct. Authorizes the Administrator to promulgate regulations to establish minimum toxics use reduction performance requirements for production units in user segments. Sets forth regulation requirements. Applies provisions of the Emergency Planning and Community Right-To-Know Act of 1986 concerning trade secrets, the provision of information to health professionals, and public availability of information to toxics information under this Act. Waives Federal facility compliance with toxics use reduction and reporting requirements upon the request of the Secretary of Defense and the President's determination that such waiver is in the interest of national security. Directs the Administrator to study and report to the appropriate congressional committees on methods of encouraging the reporting of toxics information through the use of computer telecommunication and other means. Requires the Director of the Office of Technology Assessment to study and report to the Administrator and the Congress on the provision to the public of toxic release inventory information and related information required to be submitted to the Administrator. Prescribes civil and administrative penalties for violations of toxics use reduction and reporting requirements. Sets forth provisions concering civil actions with respect to such violations. Requires the Administrator to establish a grant program to assist States and local governments in establishing innovative toxics use reduction programs. Directs States to make 75 percent of a grant available to local governments for carrying out toxics use reduction. Bases the awarding of grants on the extent to which chemical substances are manufactured, processed, used, and disposed of in a State, the extent of exposure to such substances in a State, and the population density of a State. Authorizes appropriations for such grants and for toxics use reduction under this Act. Requires the Administrator to: (1) implement a procurement policy that reduces, avoids, or eliminates the acquisition of agency procurement items made with or containing covered chemicals and hazardous secondary materials; and (2) make recommendations to the Congress for a national toxics use reduction procurement policy covering all procuring agencies, Federal facilities, and government contractors. Amends the Pollution Prevention Act of 1990 to increase the amounts authorized to be appropriated for functions under such Act and to increase and extend the authorization of appropriations for technical assistance grants to States. Title III: Waste Stream Reporting - Amends the Solid Waste Disposal Act to revise recordkeeping and reporting requirements for hazardous waste generators. Directs hazardous waste generators to report annually to the Administrator and authorized State agencies on the quantity of hazardous waste generated from each catastrophic event, remedial action, or one-time event not associated with production processes. Sets forth reporting requirements for generators of solid waste in amounts in excess of 11,000 pounds a month and for facilities managing solid and certain special wastes generated by fossil fuels combustion, mining, and activities involving cement kilns. Reqiures the Administrator to: (1) maintain publicly accessible databases for hazardous, solid, and special waste stream data reported under this Act; (2) make the data accessible on a cost reimbursable basis; and (3) report to the Congress on links between EPA databases and changes that would facilitate links between all major EPA operations.
United States · United States Congress · 11 July 1991
Expresses the sense of the House of Representatives that the President should establish a bipartisan commission to investigate the operation of and complaints regarding, the U.S. Postal Service.
United States · United States Congress · 10 July 1991
Lead Contamination Control Act Amendments of 1991 - Amends the Public Health Service Act to revise provisions concerning grants for lead poisoning prevention programs to authorize grants to public and nonprofit entities (currently, State and local governments). Requires priority in making grants to be given to applications for programs that will serve areas with a high incidence of elevated blood-lead levels in infants and children. Prohibits the Secretary of Health and Human Services from making such grants unless, in the case of any service that is made available pursuant to the State plan approved under title XIX of the Social Security Act (Medicaid) for the State involved, the grant applicant: (1) will provide the service directly and has entered into a participation agreement under the State plan and is qualified to receive payments under the plan; or (2) will enter into an agreement with a Medicaid provider under which the provider will provide the service and the provider has entered into a participation agreement and is qualified to receive such payments. Waives the requirement to enter into an agreement for such providers if the provider does not impose a charge or accept reimbursement from a third-party payor with respect to health care services. Prohibits grant recipients from making payments from the grant for any service to the extent that payment can reasonably be expected to be made for such service: (1) under any State compensation program, under an insurance policy, or under any Federal or State health benefits program; or (2) by an entity that provides health services on a prepaid basis. Waives such prohibition in the case of those providers through which the grantee provides services if the Secretary has provided a waiver with respect to secondary participation agreements. Extends the authorization of appropriations for the grant program through FY 1996. Sets forth the requirements for the national primary drinking water regulation for lead. Applies such requirements to community and noncommunity water systems. Establishes a limit for lead in tap water. Provides that the maximum contaminant level goal for lead in drinking water is zero. Requires requirements set forth in this Act to supersede requirements concerning lead in drinking water promulgated by the Administrator of the Environmental Protection Agency (EPA) on May 6, 1991, except for requirements relating to analytical methods. Permits the Administrator to promulgate regulations concerning lead in drinking water only if they are more protective of human health than corresponding requirements of this Act. Provides that the maximum contaminant level for lead in effect before May 6, 1991, shall be effective upon this Act's enactment date. Sets forth deadlines by which water systems shall complete applicable corrosion control treatment requirements. Deems a system to have optimized corrosion control and exempts a system from completion of corrosion control treatment steps if the system satisfies one of the following criteria: (1) in the case of a small- or medium-sized system, the system meets the tap water lead limit during two consecutive six-month monitoring periods; or (2) in the case of any water system, the system demonstrates to the State that it has conducted activities equivalent to applicable corrosion control steps required by this Act or it submits monitoring results that demonstrate for two consecutive six-month monitoring periods that the difference between the highest tap water lead concentration and the highest source water lead concentration is not detectable. Permits a small-or medium-sized water system to cease completion of treatment steps whenever such systems meet tap water lead limits during two consecutive monitoring periods and submit the results to the State. Sets forth corrosion control treatment steps and deadlines for large-, medium-, and small-sized systems. Requires small- and medium-sized systems exceeding the tap water lead limit to recommend installation of at least one of the following corrosion control treatments: (1) alkalinity and pH adjustment; (2) calcium hardness adjustment; and (3) the addition of a phosphate or silicate corrosion inhibitor to maintain an effective residual concentration in test tap samples. Authorizes a State to require such systems to perform specified corrosion control studies to identify optimal corrosion control treatment. Sets forth study requirements. Requires a State to approve the option recommended by the system or to designate alternative treatments. Directs systems to install and operate the treatments designated by the State. Requires States to evaluate the results of lead tap and water quality parameter samples submitted by water systems to determine whether a system has properly installed and operated the designated corrosion control treatment. Directs States to designate: (1) a minimum range of values for pH measured at each entry point to the distribution system; (2) a minimum pH value measured in all tap samples; (3) a minimum range of concentrations for a corrosion inhibitor (if used) measured at each entry point to the system and in all tap samples; (4) a minimum range of concentrations for alkalinity (if alkalinity is adjusted) measured at each entry point to the system and in all tap samples; and (5) a minimum range of concentrations for calcium measured in all tap samples (if calcium carbonate stabilization is used as part of corrosion control). Requires systems to maintain water quality parameter values at or above minimum values or within ranges designated by a State. Authorizes States to modify optimal corrosion control treatment or water quality parameters, subject to certain conditions. Establishes a maximum contaminant level for lead in source water. Requires public water systems that fail to meet the tap water lead limit to replace lead service lines. Directs a system to replace such lines at an annual rate that will replace 20 percent of the lead lines or ten percent of all service lines, whichever results in replacement of a greater number of lead service lines. Sets forth a replacement schedule. Provides for extensions of replacement deadlines upon the application of a system with a large number of lead service lines in the distribution system. Exempts a system from replacement requirements if the State determines that the service line does not contribute to tap water lead concentrations in excess of ten parts per billion. Requires a system to replace the entire service line unless it demonstrates to the State that it controls less than the entire service line. Sets forth requirements for replacing portions of service lines. Presumes that a system controls the entire lead service line (up to the building inlet) unless the State determines that it does not have the following forms of control over the entire line: (1) legal authority; (2) authority to set standards for construction or maintenance or to replace, repair, or maintain the line; or (3) ownership of the line. Provides for shorter replacement schedules, where feasible. Permits a system to cease replacing such lines whenever the tap water samples meet lead limits during two consecutive monitoring periods and the results are submitted to the State. Requires States to establish programs to encourage public water systems to: (1) provide a voluntary service of referring building owners in a system's service area to approved contractors to remove lead plumbing, fixtures, or solder from the buildings; and (2) offer to fund such removal and to bill their water customers in a manner that allows easy payment for such removal. Directs the Administrator to distribute a model State program. Requires water systems that exceed the tap water limit to deliver certain public education materials and public service announcements with respect to lead in drinking water. Sets forth required texts of such materials. Provides that in communities where a significant proportion of the population speaks a language other than English, such materials shall be communicated in the appropriate languages. Sets forth delivery requirements with respect to such materials. Permits a system to discontinue delivery if the system has met the tap water lead limit during the most recent six-month monitoring period. Requires systems failing to meet such limit to offer to sample the tap water of any customer who requests such sampling. Directs systems which fail to comply with a maximum contaminant level for lead or any related requirement to notify persons served by such systems of the violation. Requires water systems to complete a materials evaluation of their distribution systems to identify a pool of targeted sampling sites sufficiently large to ensure the collection of required lead tap samples. Prohibits faucets with devices designed to remove inorganic contaminants from being included as sampling sites. Requires systems to use information relating to special monitoring for corrosivity characteristics when conducting materials evaluations. Sets forth sources of information to be used when such systems' information is insufficient to locate the requisite number of lead sampling sites. Sets forth required sampling sites. Requires water systems whose distribution systems contain lead service lines to draw 50 percent of samples from sites that contain lead pipes or copper pipes with lead solder and 50 percent of those samples to be from sites served by a lead service line. Designates tap samples collected for lead (except for lead service line samples) as first draw samples. Requires: (1) first draw tap samples for lead to be one liter in volume and to have stood motionless in the plumbing system of each sampling site for at least six hours; and (2) service line samples to be one liter in volume and to have stood motionless in the lead service line for at least six hours. Sets forth collection requirements. Requires systems to collect at least one sample during each monitoring period (at six-month intervals) from the number of sites listed under this Act. Bases the number of sites required to be monitored on the size of the system. Provides for reduced monitoring for systems that meet lead limits during consecutive monitoring periods. Requires water systems that exceed the tap water lead limit to monitor water quality parameters. Provides that tap samples shall be representative of water quality throughout a distribution system, taking into account the number of persons served, the different sources of water, the different treatment methods, and seasonal variability. Requires samples collected at entry points to distribution systems to be from locations representative of sources after treatment. Directs systems to collect two tap samples for water quality parameters at six-month intervals. Bases the number of sites required to be monitored on the size of the system. Sets forth parameters to be measured and general monitoring requirements. Provides for reduced monitoring for systems that maintain the range of values for water quality parameters during consecutive monitoring periods. Requires systems to collect (at six-month intervals) lead source water samples in accordance with requirements specified in regulations of the Administrator relating to inorganic chemical sampling. Provides for reduced monitoring for systems using groundwater, surface water, or a combination of the two which demonstrate that finished drinking water entering distribution systems has been maintained below the source water maximum contaminant level during specified consecutive periods. Requires systems to: (1) report to States on tap water samples, source water monitoring, corrosion control treatment, lead service line replacements, and public education requirements; and (2) submit to States annually a letter certifying the extent of compliance with such requirements. Sets forth recordkeeping and reporting requirements for public water systems. Sets forth provisions concerning EPA review of State determinations concerning drinking water regulation for lead. Provides that issuance of a final order by the Administrator shall constitute requirements of the national primary drinking water regulation for lead and shall supersede any inconsistent State treatment requirements. Withdraws enforcement responsibility from States which fail to implement this Act's requirements for public water systems. Authorizes States to require public water systems to use bottled water or other means as a condition of: (1) granting variances or exemptions from requirements of the national primary drinking water regulations to avoid an unreasonable health risk; or (2) granting an exemption from corrosion control treatment requirements for lead or source water and lead service line replacement requirements to avoid such risk. Requires systems that use bottled water as a condition for receiving a variance or exemption to meet specified requirements, including: (1) a State-approved monitoring program for bottled water or a certification from the bottled water company that the water has been taken from an approved source (as defined by the Administrator of the Food and Drug Administration) and the company has conducted monitoring; and (2) the provision of sufficient quantities of bottled water to every person supplied by the public water system. Prohibits the EPA Administrator from promulgating any national primary drinking water regulations under the Public Health Service Act which are based on an action level in lieu of a maximum contaminant level or a treatment technique prescribed by such Act. Voids any such regulations promulgated before this Act. Requires the Administrator to promulgate drinking water regulations consistent with such Act for any contaminant, other than lead, for which regulations are voided. Directs local educational agencies to complete testing for lead contamination in drinking water from coolers and other drinking water outlets at schools under their jurisdiction. Requires the Administrator to revise a guidance document and protocol concerning lead in school drinking water to provide for follow-up sampling and to recommend remedial steps whenever the lead concentration exceeds a specified level. Directs local educational agencies, if lead concentration in such water exceeds such level, to submit to school personnel, parents of children, and the agency with primary enforcement responsibility for the public water system serving the school a lead disclosure statement and a description of actions to be taken in response to test results. Requires (currently, permits) grants made to States for programs regarding lead in school drinking water to be used to reimburse local educational agencies for expenses incurred in testing and remedial action. Extends the authorization of appropriations for such grants. Imposes civil penalties upon local educational agencies that fail to comply with requirements for testing and remedying lead in school drinking water. Requires pipe fittings and fixtures used in public water systems or in plumbing providing water for human consumption to be lead-free. Makes it unlawful to: (1) introduce into commerce any pipe, pipe fitting, or fixture that is not lead free; (2) sell solder or flux plumbing supplies which are not lead free; or (3) introduce into commerce any solder or flux which is not lead free unless such solder or flux bears a label stating that is illegal to use such materials in the installation or repair of plumbing providing water for human consumption. Revises the definition of "lead free" to provide that four years after this Act's enactment, such term refers to pipes, pipe fittings, fixtures, solder, and flux that have no lead content or that have been certified as lead free by the Administrator. Prescribes civil penalties for violations of such prohibitions. Applies provisions authorizing citizens' civil actions against the Administrator for violations of safety requirements for public water systems to States with primary enforcement responsibility. Applies recordkeeping and inspection provisions of the Safe Drinking Water Act to any person subject to requirements of this Act. Directs the Secretary to establish programs to: (1) accredit individuals to train lead inspectors to comply with lead inspection standards and deleaders to comply with lead abatement standards; (2) license lead inspectors and deleaders; and (3) certify laboratories as qualified to test substances for lead. Requires the Secretary to maintain lists (by State or metropolitan area) of licensed lead inspectors and deleaders, accredited instructors, and certified laboratories. Makes such lists available to the public. Provides for annual fees for accreditations, certifications, or licensings. Authorizes suspensions or revocations whenever the Secretary determines that the holder of an accreditation, license, or certification has violated relevant requirements. Directs the Secretary to: (1) report on methods and devices available to inspect for lead paint and lead hazards and to abate lead hazards; and (2) promulgate standards for the performance of lead inspections and lead abatement of covered premises. Sets forth requirements for lead inspection and abatement standards. Permits petitions for the modification of such standards to include or delete an inspection or abatement methods or device. Prohibits: (1) the performance of a lead inspection or lead abatement of a covered premise for compensation, except in compliance with such standards; (2) the sale or distribution in interstate commerce of any device for lead inspection or abatement, unless the device is approved under such standards. Directs the Secretary to promulgate regulations for the disclosure of indoor lead paint and lead hazards. Requires persons who sell or lease covered residential premises to provide purchasers or lessees with lead hazard inspection reports (and, in cases where a lead hazard is present, with lead disclosure statements) before such individuals are obligated to purchase or lease the premises. Directs persons who perform renovations of covered premises for compensation to provide lead disclosure statements to owners and occupants prior to commencing renovations. Requires the Secretary to publish and periodically revise a standard lead disclosure statement. Sets forth statement requirements. Requires the Secretary to undertake a public education program to inform the public about the risks of lead poisoning and the requirements for lead inspection, abatement, and disclosure. Directs the Secretary to require local educational agencies to conduct lead inspections for covered schools or day care centers and to provide all school or day care personnel and parents of children attending the school or day care center with a copy of the inspection report and disclosure statement (as well as response actions) in each case in which a lead hazard is detected. Requires the Secretary to make grants to States for assisting such agencies in testing for, and abating, lead hazards in schools and day care centers. Authorizes appropriations. Authorizes States which seek to administer the indoor lead contamination program to submit programs to the Secretary. Provides for the approval of programs that are at least as protective of human health and welfare as the Federal program and that provide for adequate enforcement. Requires the Secretary to promulgate a model State program. Prescribes civil penalties and authorizes civil actions for violations of indoor lead contamination inspection and abatement requirements. Applies Federal, State, interstate, and local lead hazard control requirements to Federal facilities in the same manner as such requirements apply to nongovernmental entities. Authorizes the Secretary to promulgate rules under which an Indian tribe may be treated as a State for purposes of such requirements. Amends the Federal Food, Drug, and Cosmetic Act to deem a food to be adulterated if: (1) it is packaged in a can or other container that contains solder or flux with lead content; or (2) it contains lead, unless the Secretary of Health and Human Services has determined that the level of lead contained in the food is safe. Directs the Secretary to promulgate regulations to establish standards, testing, and certification procedures with respect to lead in ceramic and crystal ware as are necessary to make food that contacts such ware safe. Prohibits the introduction into interstate commerce of any ceramic or crystal ware that has not been certified as safe with respect to lead by the Secretary.
United States · United States Congress · 10 July 1991
Social Security Trust Fund Integrity and Benefits Improvement Act of 1991 - Title I: Benefit Improvements - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to: (1) increase the amount of outside income which beneficiaries who have attained retirement age may earn without incurring a reduction in benefits; (2) increase survivors' benefits for those widows and widowers whose spouses died before they reached age 65; (3) repeal provisions which require that a widow or widower must have become disabled within seven years of their spouse's death or within seven years of the end of their eligibility for benefits as the surviving parent of a young child in order to be eligible for disability benefits; (4) raise the social security payroll tax exemption for State election officials and workers, and index the exempt amount beginning in 1993; and (5) increase the OASDI contribution and benefit base on a graduated basis beginning in 1992. Directs the Comptroller General to conduct a study and report to the Congress on the disability determination process and the appeals process applicable to disability determinations under the OASDI program and title XVI (Supplemental Security Income) (SSI) of the Social Security Act. Title II: Clarification of Budgetary Provisions - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to exclude the appropriations for the administration of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund from Federal budget deficit calculations and to exempt such appropriations from sequestration under such Act. Title III: Social Security Administration - Amends title VII (Administration) of the Social Security Act to establish the Social Security Administration as an independent executive agency. Transfers to the Administration all functions carried out by the Secretary of Health and Human Services pertaining to such programs.
United States · United States Congress · 9 July 1991
Amends the Legislative Reorganization Act of 1946 to ensure that the annual cost of living adjustments for Members of Congress, Federal judges and justices, and certain senior officials in the executive branch do not exceed the cost of living adjustments for General Schedule employees. Amends the Ethics Reform Act of 1989 to make the cost of living adjustments for Members of Congress, Federal judges and justices, and certain Senior officials in the executive branch reflective of the change in the employment cost index for the same time period used for General Schedule employees.
United States · United States Congress · 27 June 1991
Earthquake Hazard Reduction Amendments Act - Amends the Earthquake Hazards Reduction Act of 1977 to mandate identification of earthquake-prone States. Establishes the Earthquake Loss Mitigation Advisory Committee. Requires development of comprehensive earthquake loss-reduction criteria for State and local land use and management ordinances, building codes, and other measures. Requires that a percentage of the annual earthquake insurance premiums collected under the Primary Insurance program enacted by this Act be deposited in the Self-Sustaining Mitigation Fund to support specified hazard reduction activities. Requires the Director to support public education programs. Provides for assistance, to the extent provided for in appropriations Acts, to States which are in compliance with the loss-reduction criteria of this Act to support development and implementation of mitigation plans. Prohibits making, increasing, extending, or renewing any federally-related mortgage loan secured by: (1) residential property in an earthquake-prone State unless the property is covered by earthquake insurance coverage under this Act or equivalent private insurance; or (2) improved real estate or a mobile home located in an earthquake-prone State if the State is not in compliance with the loss-reduction criteria of this Act and the property does not meet minimum mitigation criteria. Establishes the Primary Insurance Program against loss from any earthquake. Requires the Director to arrange for participation, on other than a risk-sharing basis, by private insurers, insurance agents and brokers, insurance adjustment organizations, and others. Mandates development of a plan of operation for the Insurance Fund and the Reinsurance Fund. Limits Program coverage to residential property in earthquake-prone States. Establishes an independent advisory committee in the executive branch to be known as the Earthquake Insurance and Reinsurance Advisory Committee. Establishes in the Treasury the Residential Property Insurance Fund to carry out the Primary Insurance Program. Credits to the Insurance Fund premiums received by the Program. Requires, if gross reimbursements to private insurers exceeds amounts in the Insurance Fund, loans from the industry for ten percent of the additional losses, with the remaining amounts borrowed from the Treasury and backed by the full faith and credit of the United States. Requires the Director to make reinsurance and excess reinsurance available to private insurers participating in the Program and their reinsurers. Provides for the excess reinsurance liability of the insurance industry and the Federal Government. Specifies the lines of insurance for which reinsurance coverage must be provided. Establishes in the Treasury the Reinsurance Fund to carry out the excess loss reinsurance program. Credits to the Fund any reinsurance premiums received under the excess loss reinsurance program and amounts borrowed from the Treasury under this Act. Requires the Director, to the extent that the Reinsurance Fund is insufficient to pay claims and expenses, to issue to the Secretary of the Treasury obligations to cover the insufficiency.
![Official portrait of Rep. Kolter, Joseph P. [D-PA-4]](https://www.congress.gov/img/member/k000307_200.jpg)