United States · United States Congress · 2 August 1991
Extends the presumption of service-connection, for purposes of eligibility for veterans' benefits and medical care, in the case of exposure to ionizing radiation, to include reserve members exposed to such radiation during active and inactive duty training. Expands the list of diseases presumed to be service-connected in the case of exposure to ionizing radiation to include cancer of the salivary tract and cancer of the urinary tract. Terminates the current presumptive period (the maximum period allowed before manifestation of the illness or disease occurs in order to be presumed to be service-connected and, therefore, covered as a veterans' benefit) of 40 years after participation in the radiation-related activity (30 years in the case of leukemia). Amends the Veterans' Dioxin and Radiation Exposure Compensation Standards Act to direct the Secretary of Veterans Affairs to establish guidelines and standards for the resolution of claims for benefits where a claim is based on a veteran's exposure to ionizing radiation. Directs the Secretary, in consultation with the Secretary of Defense, to identify not less than three activities in which individuals serving on active duty, or active or inactive duty training, have participated and which likely would have exposed such individuals to levels of ionizing radiation above background levels. Requires the Secretary to identify at least three additional activities no later than the beginning of FY 1993 through 1995. Requires the Secretary, immediately after identifying such an activity, to direct the Veterans' Advisory Committee on Environmental Hazards to evaluate and make a finding as to whether participation in such activity resulted in potentially harmful exposure to ionizing radiation. Requires reports from the Committee and the Secretary concerning such activities. Directs the Secretary to list each ionizing radiation exposure identified, unless the Secretary determines that the activity did not result in an opportunity for potentially harmful exposure to ionizing radiation.
United States · United States Congress · 2 August 1991
Radon Awareness and Disclosure Act of 1991 - Title I: Three-Year Extension of Indoor Radon Abatement Provisions of Toxic Substances Control Act - Amends the Toxic Substances Control Act to extend the authorization of appropriations for: (1) grants and technical assistance to States for radon programs; (2) an Environmental Protection Agency (EPA) publication entitled "A Citizen's Guide to Radon"; (3) model construction standards and techniques for controlling radon levels in new buildings; and (4) regional radon training centers. Title II: Radon Testing - Directs the EPA Administrator to establish a program that requires: (1) products offered for sale or devices used in connection with public services for radon measurement to meet minimum performance criteria; and (2) operators of devices or persons employing techniques used in connection with public services for radon measurement to meet a minimum level of proficiency. Requires a list of devices meeting such criteria and a summary of current radon measurement technology to be made available to the public. Prescribes civil penalties for violations of this title. Directs the Administrator to establish a fee schedule for persons manufacturing or operating such devices or employing such techniques. Provides for a waiver or reduction of fees for persons who agree to test for radon in public and nonprofit child care facilities, schools, hospitals, nursing homes, or other care facilities. Provides for the deposit of fees in a Radon Service Account. Requires the Administrator to: (1) implement an outreach program to provide information about radon to the medical community; (2) develop and distribute informational material concerning radon tailored to doctors in general practice and in specialties related to lung cancer; (3) evaluate current efforts to promote radon testing and ways to increase testing during real estate transactions; and (4) report to the Congress on alternative strategies for promoting such testing. Title III: Radon In Schools - Directs the Administrator, by September 30, 1992, to designate areas with radon levels exceeding the national average for radon as priority radon areas. Requires local educational agencies to test each school building under their authority for radon. Establishes a schedule for such testing. Makes test results available for public review. Requires individuals carrying out radon testing and testing and mitigation devices and methods to be approved pursuant to proficiency programs. Establishes within EPA a Radon Testing and Mitigation Assistance Program to provide assistance for testing and mitigation devices and methods. Requires State Governors to establish priority lists of assistance applicants, based on the nature and magnitude of potential exposure to radon. Authorizes the provision to approved applicants of loans of up to 100 percent, and grants of up to 50 percent, of the total cost of a testing program. Imposes civil penalties upon local educational agencies violating this title's requirements. Authorizes citizen complaints with respect to radon in school buildings. Authorizes appropriations. Title IV: President's Commission on Radon Awareness - Establishes the President's Commission on Radon Awareness to: (1) examine existing public awareness programs concerning radon; (2) act as a coordinating body for the donation of resources to assist in programs and strategies to raise awareness of the health threats of radon; (3) encourage media outlets to increase radon awareness; and (4) evaluate the effectiveness and assist in the update of such programs and strategies.
United States · United States Congress · 2 August 1991
Provides for the naturalization under the Immigration and Nationality Act of three named individuals upon their taking the oath of allegiance to the United States.
United States · United States Congress · 2 August 1991
Northwest Forest Protection and Community Stability Act of 1991 - Title I: Ecologically Significant Old Growth Forest Reserve System - States that this title shall apply only with respect to Federal lands and interests in specified National Forest System lands and specified districts of the Bureau of Land Management in California, Oregon, and Washington. Establishes in the northern spotted owl forests the Ecologically Significant Old Growth Forest Reserve System in order to maintain and enhance northern spotted owl habitat, ecological diversity, old growth forests, and other areas that may be essential to species dispersal and the maintenance of genetic diversity. Provides for the immediate inclusion in the System of certain Federal lands in northern spotted owl forests in such States while designating certain other Federal lands as study areas for possible inclusion. Designates the Olympic and Mount Baker-Snoqualmie National Forests as areas of special significance subject to the special management rules described below. Requires the Secretaries of Agriculture and the Interior to prepare a map and legal description of the Federal lands and interests in lands under their respective jurisdictions that are included in the System or in a study area for filing with appropriate congressional committees and for public availability. Allows each Secretary to recommend an adjustment of the boundaries of the System or a study area only if the recommendation meets certain criteria and is submitted to appropriate congressional committees together with the reasons for the recommendation. Provides that within one year of the National Academy of Sciences (NAS) report required below, each Secretary shall recommend those study areas that should be permanently included in the System or removed from further consideration for inclusion in the System. Requires each Secretary, in making such recommendations, to comply with the National Environmental Policy Act of 1969. Makes such recommendations effective after they are submitted to appropriate congressional committees. Requires a study area removed from further consideration for inclusion in the System to thereafter: (1) not be considered a study area; (2) not be subject to the management requirements specified below; and (3) be managed for multiple use pursuant to the Forest and Rangeland Renewable Resources Planning Act of 1974 or the Federal Land Policy and Management Act of 1976, whichever applies. Bans timber harvesting in the System and study areas except to the extent necessary for the protection of the forest outside of the System or study area from an insect or disease epidemic or for public safety, recreation, and administration. Requires lands in the System or a study area that do not meet the definition of old growth forest or are damaged by fire or other natural causes to be managed to regenerate old growth forest. States that any management activity allowed in the System and study areas shall have as its primary purpose the maintenance and enhancement of the northern spotted owl habitat, ecological diversity, old growth forests, and such areas as may be essential to species dispersal and the maintenance of genetic diversity. Requires the Secretaries to permit management activities consistent with this purpose, such as fire suppression and prescription, noncommercial silvicultural treatments of young stands, activities to restore aquatic habitats, and research. Withdraws Federal lands in the System and study areas from: (1) disposition under the public land laws; (2) location, entry, and patent under the mining laws; (3) operation of the mineral leasing laws; and (4) operation of the Geothermal Steam Act of 1970. Bans additional roads, structures, and motorized recreation and access in the System. Allows roads, structures, and motorized recreation and access in study areas (except as otherwise prohibited or restricted) if the Secretary determines that they are compatible with the protection of old growth forest and northern spotted owl habitat. Authorizes the Secretary concerned to permit hunting, trapping, and fishing in the System and study areas (except as otherwise prohibited or restricted) in accordance with applicable Federal and State law. Requires all Federal lands identified by the Secretary of Agriculture as suitable for timber production in the Olympic and Mount Baker-Snoqualmie National Forests to be managed in accordance with specified practices to maintain or enhance habitats for species dependent on old growth forest while maintaining a high level of timber production. Outlines standards for the management of Federal lands in northern spotted owl forests that are not included in the System, a study area, or an area of special significance during the period beginning on the date of the enactment of this Act and ending upon the adoption of a revised land management plan for such lands as required below. Delineates separate standards applicable to lands inside and outside of critical habitat areas during such interim period. Sets forth special rules regarding timber harvesting in roadless areas on National Forest System lands in northern spotted owl forests. Requires NAS to conduct a review of: (1) the harvest requirements specified for the management of critical habitat areas and other areas in northern spotted owl forests; (2) the impact of these requirements on the old growth forest, the species associated with old growth forests, and the social and economic structure of the region; and (3) all feasible silvicultural methods for maintaining or enhancing habitat conditions for such species throughout their range in northern spotted owl forests. Requires an NAS review of Federal lands in study areas to determine if such lands are suitable for permanent inclusion in the System. Requires NAS to submit a report on such review to the Secretary of Agriculture, the Secretary of the Interior, and the Congress that discusses the social, economic, and environmental impacts of various options, including those regarding Federal lands and interests affected by alternative definitions for old growth forests and boundary changes for the System. Requires such report to also contain NAS recommendations concerning the study areas that should be permanently included in the System or removed from consideration for inclusion in the System. Requires each Secretary to review such report for the purpose of determining whether the land and resource management plans for lands in northern spotted owl forests should be revised to take into account any management recommendations contained in the report. Requires that if a Secretary fails to adopt a preferred management recommendation into such a plan revised after such review, the Secretary must identify in the final environmental impact statement for the plan revision those management recommendations rejected or modified by the Secretary and the reasons therefor. Requires each Secretary to develop annual timber sale programs on lands in northern spotted owl forests outside of the System or a study area that are known to contain the northern spotted owl. Requires each Secretary to submit such programs to the United States Fish and Wildlife Service for consultation pursuant to the Endangered Species Act of 1973. Requires the Director of the United States Fish and Wildlife Service to immediately seek to enter into negotiations with the States of California, Oregon, and Washington and other interested parties for the prompt development of habitat conservation plans for the northern spotted owl under the Endangered Species Act of 1973. Requires the Secretaries to establish a joint research and monitoring program regarding the status and long-term outlook for the northern spotted owl. Outlines the research and monitoring components of the program. Subjects program results to scientific peer review. Requires each Secretary to prepare a report for the Congress displaying the yields and financial and environmental costs of timber management investment opportunities for lands in northern spotted owl forests. Requires the Secretary of Agriculture to include in his report: (1) the reasons why certain Forest Service lands are not suitable for timber production pursuant to the Forest and Rangeland Renewable Resources Planning Act of 1974; (2) the specific identity of those lands considered to be unsuitable for timber production solely due to difficulties in meeting the reforestation requirements of that Act; and (3) a description of those difficulties. Requires the Secretaries' reports on such investment opportunities to address opportunities for land exchanges with private landowners to consolidate Federal landholdings in northern spotted owl forests to enhance reforestation and timber stand improvement. Exempts as restricted or prohibited actions under certain provisions of the Endangered Species Act of 1973 actions of any person with respect to the operation, maintenance, expansion, upgrade, or completion of electric system power facilities in existing corridors. Provides that the management requirements for System and study areas, areas of special significance, and other areas set forth in this Act shall not apply with respect to electric system power facilities in a corridor. States that a Federal agency shall not be required to consult under the Endangered Species Act of 1973 with the Secretary of the Interior regarding any such action referred to above. Title II: Forest Planning Amendments - Amends the Forest and Rangeland Renewable Resources Planning Act of 1974 to: (1) provide for public participation in the adoption of constraints on the Federal land planning process; (2) allow public petitions in lieu of administrative appeals for amendments or revisions to land use plans, land and resource management plans, and planning process directives if the person filing the petition alleges and relies on new information or a new law or rule to support the proposed amendment or revision; (3) authorize the imposition of penalties for frivolous petitions or appeals; (4) require that if certain documentation pursuant to the National Environmental Policy Act of 1969 is required on an action implementing a land and resource management plan such documentation must be tiered to the final environmental impact statement on the plan; (5) make an environmental assessment the most comprehensive level of environmental documentation required for an action implementing a land and resource management plan, except under prescribed conditions; (6) require budget requests to disclose the amount of funds to fully implement the land and resource management plan for each unit of the National Forest System; (7) require land and resource management plans to identify management indicators and specify measurable conditions to maintain viable populations of native plant and animal species, designate sensitive species, and provide standards and guidelines that will ensure the conservation of sensitive species when an activity or project is proposed that would affect their habitat; and (8) terminate the viability requirement for fish and wildlife management planning purposes with respect to a species which is listed under the Endangered Species Act of 1973. Title III: Administrative and Judicial Review of Federal Land and Resource Management Plans and Activities - Creates the Federal Board of Land Management Appeals as an independent tribunal within the Department of the Interior to hear administrative appeals of actions relating to land and resource management plans, land classifications, and management activities implementing plans under specified Federal land planning and management statutes. Requires the Forest Service and Bureau of Land Management to expedite appeals of Federal land and resource management plans and activities in Oregon, Washington, and California that are affected by northern spotted owl or old-growth forest issues. Limits administrative review of actions subject to this title which are taken within the Forest Service or Bureau of Land Management to one level of informal review. Makes a final decision of the Federal Board of Land Management Appeals appealable only to the appropriate Federal court of appeals for the circuit in which the affected lands are situated. Title IV: Economic Assistance and Forest Productivity Programs - Provides for increased payments with respect to national forests under certain existing Federal laws for counties in Washington, Oregon, and California to assist rural communities. Outlines provisions setting forth a program to provide grants and benefit payments to, and promote economic diversification and stability for, communities and employees that are economically dependent on National Forest System Lands and public lands administered by the Bureau of Land Management and that are adversely impacted by a declining timber supply. Includes as part of such program the establishment of: (1) a special economic adjustment fund in the Treasury to consist of five percent of the Federal portion of all moneys received each year from the sale of timber and other forest products from Federal lands; and (2) a Timber Economic Adjustment Commission to distribute to communities and employees who meet specified eligibility criteria grants and benefit payments from such special fund. Requires the Commission to report to the Congress and the Governors of California, Oregon, and Washington on its accomplishments, the economic conditions of communities and employment in the region in which National Forest Lands and public lands are located, and its recommendations. Directs the Secretaries to establish a special initiative to improve the timber productivity on Federal, State, county, and private lands in counties that include communities eligible for program assistance. Requires the Secretaries to develop a program to maximize employment opportunities for displaced employees. Specifies the components of such initiative, which include improved wood utilization. Amends the Cooperative Forest Assistance Act of 1978 to earmark a portion of the amount authorized to be appropriated each year to implement the forestry incentives program for assistance in California, Oregon, and Washington for planning, reforestation, and timber stand improvement practices to further second growth management of timber resources to offset the expected decline in timber harvests from Federal lands as a result of listing the northern spotted owl as a threatened species under the Endangered Species Act of 1973. Requires such assistance to be concentrated in those counties containing northern spotted owl forests. Amends the Kuntson-Vandenberg Act to require the purchasers of Federal timber harvested from lands administered by the Bureau of Land Management to make reforestation payments to the same extent as is required with respect to National Forest Lands. Title V: Miscellaneous Provisions - Directs the Secretary of Agriculture, in recognition of the 100th Anniversary of the founding of the Forest Service and the changes now occurring in forest management, to study the organization of the Service and make such changes to the Service's organizational structure as may be necessary to meet future challenges. Amends the Cooperative Forestry Assistance Act of 1978 to direct the Secretary of Agriculture, in developing a list of approved forest activities and practices that will be eligible for cost-share assistance under the Stewardship Incentive Program, to attempt to achieve the development and implementation of habitat conservation plans under the Endangered Species Act of 1973. Earmarks 20 percent of annual Program appropriations to carry out the Program in Regions 5 and 6 of the National Forest System. Directs NAS to convene a multidisciplinary task force of independent scientists to: (1) review fish and wildlife management programs for their effectiveness in maintaining healthy and diverse fish and wildlife populations on Federal lands; (2) review the strengths and weaknesses of the species approach to protection under the Endangered Species Act of 1973; and (3) develop strategies to maintain fish and wildlife populations and habitat to avoid the number of species that become threatened or endangered. Provides that the costs incurred as a result of this Act and its amendments shall not be considered for purposes of determining the revenues and direct and indirect costs of the timber sale program of the Forest Service or the Bureau of Land Management. Treats the provisions of this Act and its amendments as emergency funding requirements under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act).
United States · United States Congress · 2 August 1991
United States Flag Cruise Ship Competitiveness Act of 1991 - Amends Federal law (commonly referred to as the Johnson Act) relating to transportation of gambling devices to exclude from the definition of interstate commerce, transportation from a State to the same State through a place outside that State when such commerce may only be conducted through points not in that State. Repeals all of a specified Federal law (commonly referred to as the Gambling Ship Act) except provisions relating to the transmission of wagering information. Makes unlawful certain actions in connection with a vessel which has any gaming establishment aboard unless in compliance with certain regulations, including registration with the Attorney General and licensing by a State. Provides for certification by the Attorney General of State procedures.
United States · United States Congress · 2 August 1991
National Energy Efficient Lighting Education Act of 1991 - Directs the Secretary of Energy (the Secretary), within 12 months after enactment of this Act, to make grants to nonprofit institutions and universities (or a consortium of such entities) to establish one regional energy efficient lighting education and demonstration center (centers) in each of the ten regions served by a Department of Energy regional support office. Sets forth such centers' responsibilities, including functions relating to training of lighting professionals, information dissemination, and assistance for lighting engineering and technical programs and curricula. Sets forth requirements for grant applications, selection criteria, and matching funds. Directs the Secretary to establish a task force to: (1) oversee research and training carried out by grant recipients; (2) disseminate such research results; (3) review such programs; and (4) make recommendations for possible future programs. Directs the Secretary to report annually to the Congress on the activities of such centers. Authorizes appropriations for grants for such centers. Authorizes the Secretary to make matching grants to States to encourage State energy offices to supplement the activities of such centers in providing educational workshops to train local building owners, developers, and facility energy and financial managers regarding energy efficient lighting options. Requires such workshops to be conducted in cooperation with the center for the region in which the State is located and with technical assistance and educational material from such center. Gives preference for such grants to States in which a center has not been established. Sets limits on the amount of such a grant to any State. Directs the Secretary to report annually to the Congress on such educational workshops supported by State energy offices. Authorizes appropriations for such grants to States.
United States · United States Congress · 2 August 1991
Retirement Annuity Protection Act of 1991 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to establish standards for insurers from which irrevocable commitments may be purchased in order to terminate single-employer pension plans in standard terminations. Provides for review of such insurers by the Pension Benefit Guaranty Corporation (PBGC). Provides for: (1) notice to the PBGC regarding the insurer; (2) notice to participants and beneficiaries regarding the insurer; (3) disapproval of the insurer by the PBGC as a basis for a notice of noncompliance; and (4) prior certification of insurers. Directs the PBGC to exercise its continuing authority to cease the standard termination of a single-employer plan under specified ERISA provisions, or to restore a plan which is so terminated, in any case in which the final distribution of assets is being, or was, carried out in whole or in part by means of the purchase of irrevocable commitments from any insurer, if the PBGC determines that such distribution by such means is not, or was not, in the best interests of plan participants and beneficiaries.
United States · United States Congress · 2 August 1991
Gulf War Compensation Act of 1991 - Authorizes the President to direct that any property of the Government of Iraq blocked pursuant to a specified executive order shall vest in the United States and be sold or otherwise liquidated. Provides for the deposit of funds acquired from such sales or liquidations in the general fund of the Treasury. Authorizes appropriations to carry out this Act in amounts up to: (1) amounts deposited in the fund and income from investments of such amounts; and (2) amounts of payments of interest and principal on loans made to small businesses under this Act. Authorizes appropriations for: (1) disaster relief and rehabilitation assistance for Iraqi refugees and other persons in the Persian Gulf region displaced as a result of the Persian Gulf conflict; (2) the U.S. contribution to the United Nations Children's Fund for emergency humanitarian assistance for such individuals; and (3) assistance to countries for the reconstruction of property damaged by the Iraqi armed forces during the Persian Gulf conflict. Makes amounts under this Act available to the Administrator of the Small Business Administration for making loans to small business concerns that are: (1) owned and controlled by reservists and that have suffered economic injury as a result of the service of such reservists on active duty on or after August 1, 1990; or (2) located in the vicinity of a military installation and that have suffered economic injury as a result of an emergency deployment, occurring on or after such date, of at least 10,000 individuals comprising at least 60 percent of the personnel normally assigned to the installation. Limits the aggregate outstanding amount of loans and the amount of loans to any one borrower. Subjects such loans to the same conditions applicable to disaster loans made under the Small Business Act. Directs the Secretary of Veterans Affairs (VA), during FY 1992, to increase funding for: (1) the acquisition of equipment for Department of Veterans Affairs medical centers and for the National Cemetery System; (2) outpatient treatment; (3) the homeless chronically mentally ill veterans program; (4) the treatment of post-traumatic stress disorder and the training of individuals who treat veterans with such disorder; and (5) the study of the health effects of exposure to Kuwait oil fires set during the Persian Gulf conflict. Requires the Secretary of Labor, during FY 1992, to increase funding for: (1) veterans' employment programs under the Job Training Partnership Act; (2) the Transition Assistance Program and the Disabled Transition Assistance Program; (3) the National Veterans Training Institute; (4) employment of local veterans employment representatives; and (5) the Disabled Veterans Outreach Program. Increases the educational assistance allowance for survivors and dependents under Federal veterans' benefits provisions. Requires the Secretary of Health and Human Services to: (1) conduct a research and epidemiological study of the adverse health effects resulting from exposure to the Kuwaiti oil fires set during the Persian Gulf conflict; (2) periodically consult with the Secretary of the VA to determine what changes in veterans' benefits would be necessary to respond to consequences of such exposure; and (3) periodically consult with the Kuwaiti Government and report to the Secretary of State to recommend services to respond to consequences of exposure of those residing in Kuwait. Authorizes appropriations. Amends the Congressional Budget Act of 1974 to raise certain discretionary spending limits during FY 1992 through 1995.
United States · United States Congress · 2 August 1991
Semiconductor Investment Act of 1991 - Amends the Internal Revenue Code to classify the depreciable life for semiconductor manufacturing equipment as three-year property.
United States · United States Congress · 2 August 1991
Veterans' Hospice Services Act of 1991 - Directs the Secretary of Veterans Affairs to conduct a pilot program to: (1) assess the feasibility and desirability of furnishing hospice care to terminally ill veterans; and (2) determine the most efficient and effective means of furnishing such care. Directs the Secretary to designate 15 to 30 Department of Veterans Affairs medical facilities for such demonstration projects. Requires the Secretary to ensure that: (1) Department medical facilities conducting such projects include both urban and rural area facilities; (2) the full range of affilitation between medical facilities of the Department and medical schools is represented by the facilities selected to conduct such projects; and (3) such facilities vary in the number of beds they operate and maintain. Allows such hospice care to be accomplished by Department medical facilities and personnel by contract where inpatient services are provided by Department medical facilities, or by contract where inpatient services are provided by a non-Department medical facility. Allows such inpatient care to be provided at a facility not designated in the contract when the provision of such care at such other facility is necessary under the circumstances. Limits the amount paid for hospice care programs under this Act to the equivalent of hospice care payments under title XVIII (Medicare) of the Social Security Act. Allows the Secretary to pay in excess of such amounts for hospice care when the Secretary determines, on a case-by-case basis, that: (1) the furnishing of such care is necessary and appropriate; and (2) the amount paid under Medicare would not compensate the program for the cost of furnishing such care. Directs the Secretary, during the pilot program period, to designate not less than five Department medical facilities at which palliative care is being furnished to terminally ill veterans either by Department personnel and facilities providing such care or by Department personnel monitoring care provided by non-Department facilities. Directs the Secretary to ensure that terminally ill veterans who have been informed of their medical prognosis receive information relating to their eligibility for hospice care and services under Medicare. Directs the Secretary to submit annual reports to the Senate and House Veterans' Affairs Committees relating to the conduct of the pilot program and the furnishing of hospice care to terminally ill veterans under the demonstration projects. Requires the Secretary to also report to such committees an evaluation and assessment of the hospice care program, including information enabling the committees to fully evaluate the feasibility of furnishing palliative care to terminally ill veterans.
United States · United States Congress · 2 August 1991
Inter-American Scientific Cooperation Act of 1991 - Directs the National Science Foundation to establish the Inter-American Scientific Cooperation Program aimed at increasing science and technology cooperation between the United States and Latin America. Requires the Program to identify and cooperate with private and governmental funding bodies. Authorizes appropriations. Requires the Program to encourage the use of debt-for-science exchanges to finance cooperative scientific research projects. Requires the Program Director to make funds available, in accordance with the National Science Foundation Act of 1950, to non-Federal organizations for such exchanges. Requires intent by a debtor nation to contribute at least 75 percent of the full face value of the discounted debt, or at least 20 percent over the current market purchase price of the debt. Requires the Director to appoint a Board of Governors for the U.S. side of a United States-Mexico Binational Science Endowment. Requires that the Endowment be an independent, nongovernmental, nonadvocacy, not-for-profit organization operated exclusively for scientific and educational purposes, receiving funds and supporting projects of potential benefit to both nations. Authorizes the use of a limited amount of funds authorized under specified Acts to carry out this Act. Authorizes and encourages the Administrator of the Agency for International Development to provide a specified amount from the Foreign Assistance Act of 1961 for certain purposes of this Act.
United States · United States Congress · 2 August 1991
Audio Home Recording Act of 1991 - Amends Federal copyright law to: (1) set forth definitions relating to digital audio recording devices and media; and (2) prohibit certain copyright infringement actions based on the manufacture, importation, or distribution of a digital or analog audio recording device or medium, or the use of such device or medium for making phonorecords, except when done for commercial advantage. Sets forth a mandatory recordation and filing procedure for the importation, manufacture, or distribution in the United States of digital audio recording devices or media. Requires importers and manufacturers to file quarterly and annual statements of account with the Register of Copyrights (the Register). Mandates Register verification of such statements. Sets forth verification guidelines. States that verification audit costs shall be borne by interested copyright parties. Sets forth confidentiality guidelines with respect to such mandatory statements of accounts. Prescribes royalty payment guidelines for digital audio recording devices and media imported, manufactured, or distributed in the United States. Requires that royalty payments be deposited into the Treasury. Identifies interested copyright parties entitled to royalty payments. Prescribes royalty payment allocation and distribution procedures. Permits alternative royalty collection and distribution arrangements to be negotiated among interested copyright and manufacturing parties. Maintains the Copyright Tribunal jurisdiction over such negotiated arrangements insofar as nonparticipant interests are affected. Prohibits: (1) the importation, manufacture, and distribution of any digital audio recording device or audio interface device that does not conform to certain standards and specifications to implement the Serial Copy Management System; and (2) the circumvention of such System. Directs the Secretary of Commerce to publish in the Federal Register a certain Technical Reference Document which sets forth the standards and specifications pertinent to the Serial Copy Management System. Authorizes the Secretary to implement such System according to the prescribed guidelines. Sets forth civil remedies for violations of this Act, including impoundment, remedial modification and destruction of non-complying devices, and binding arbitration.
United States · United States Congress · 2 August 1991
Approves the extension of nondiscriminatory treatment (most-favored nation treatment) to the products of the Soviet Union, Estonia, Latvia, and Lithuania transmitted to the Congress by the President on August 2, 1991.
United States · United States Congress · 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
Expresses the sense of the Congress that at least three of the remaining 15 States should ratify the proposed second amendment to the Constitution which would delay the effect of any law which varies the compensation of Members of Congress until the next election of Representatives (these States are Alabama, California, Hawaii, Illinois, Kentucky, Massachusetts, Michigan, Mississippi, Missouri, Nebraska, New Jersey, New York, Pennsylvania, Rhode Island, and Washington).
United States · United States Congress · 31 July 1991
Provides that each party to a sales and service contract that provides for the use of arbitration to resolve controversies shall have the option to reject arbitration as the means of settling a controversy. Requires the arbitrator, in making an award in any controversy arising out of or relating to such a contract, to provide the parties with a written explanation of the reasons for the award. Allows any such award to be vacated by a court order whenever the court finds that the arbitrator disregarded, misapplied, or misinterpreted State law.
United States · United States Congress · 31 July 1991
Amends title XVIII (Medicare) of the Social Security Act to limit Medicare coverage of chiropractic services to certain spinal manipulations and physical examinations and X-rays furnished to an individual to determine if spinal manipulations are appropriate therapy, conducted by State-licensed chiropractors who are legally authorized by the State to provide such services.
United States · United States Congress · 30 July 1991
DNA Identification Act of 1991 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the use of drug control and system improvement grants to develop or improve in a forensic laboratory a capability to analyze DNA for identification purposes. Requires State applications for grant funds to certify, if any part of such grant is to be used to develop or improve a DNA analysis capability in a forensic laboratory, that: (1) DNA analyses performed at such laboratory will satisfy or exceed the current standards for a quality assurance program for DNA analysis, issued by the Director of the Federal Bureau of Investigation (FBI); (2) DNA samples obtained by, and DNA analyses performed at, such laboratory will be accessible only to criminal justice agencies for law enforcement identification purposes, to any defendant for criminal defense purposes, and if identifiable information is removed, for a population statistics database, for identification research and protocol development purposes, or for quality control purposes; and (3) such laboratory and each analyst performing DNA analyses at such laboratory will undergo, at regular intervals of not to exceed 180 days, external proficiency testing by a DNA proficiency testing program meeting the standards issued under this Act. Authorizes appropriations. Requires the Director of: (1) the National Research Council within 180 days, to appoint an advisory board on DNA quality assurance methods to develop, and periodically monitor, recommended standards for quality assurance, including standards for testing the proficiency of forensic analysis in conducting DNA analyses; and (2) the FBI, after taking into consideration such recommended standards, to issue standards for quality assurance including standards for testing the proficiency of forensic laboratories in conducting such analyses. Mandates that such standards: (1) specify criteria for quality assurance and proficiency tests to be applied to each procedure used by forensic laboratories to conduct such analyses; and (2) include a system for grading proficiency testing performance to determine whether a laboratory is performing acceptably. Authorizes the Director of the FBI to establish an index of DNA identification records of persons convicted of crimes punishable by more than one year's imprisonment and of analyses of DNA samples recovered from crime scenes. Specifies that such index may include only information on DNA identification records and analyses that are: (1) based on analyses performed in accordance with publicly available standards that satisfy or exceed specified guidelines for the quality assurance program for DNA analysis; (2) prepared by labs and DNA analysts that undergo regular external proficiency testing; and (3) maintained by Federal, State, and local criminal justice agencies pursuant to rules that restrict disclosure of stored DNA samples and analyses. Makes the exchange of DNA identification records subject to cancellation if the quality control and privacy requirements of this Act are not met. Requires: (1) FBI personnel who perform DNA analyses to undergo, at regular intervals of not to exceed 180 days, external proficiency testing by a DNA proficiency testing program meeting the standards issued pursuant to this Act; and (2) the Director of the FBI to submit an annual report on the results of such tests to the House and Senate Judiciary Committees for five years after enactment of this Act and to arrange for periodic blind external tests to determine the proficiency of DNA analysis performed at the FBI laboratory within one year. Restricts disclosure of DNA tests performed for a Federal law enforcement agency to: (1) criminal justice agencies for law enforcement identification purposes; and (2) any defendant for criminal defense purposes. Authorizes disclosure of test results for a population statistics database, for identification research and protocol development purposes, or for quality control purposes if personally identifiable information is removed. Sets fines of up to $100,000 for individuals: (1) having access to individually identifiable DNA information indexed in a database created or maintained by a Federal law enforcement agency by virtue of employment or official position who willfully disclose such information to any person or agency not entitled to receive it; and (2) who, without authorization, willfully obtain DNA samples or such individually identifiable DNA information. Authorizes appropriations.
United States · United States Congress · 30 July 1991
Hispanic Access to Higher Education Act of 1991 - Amends the Higher Education Act of 1965 (HEA) to establish an integrated early outreach program. Directs the Secretary of Education (the Secretary) to make grants and contracts to specified types of entities for providing various educational services to develop the academic skills and self-confidence of program participants necessary for success in higher education. Requires that: (1) at least two-thirds of program participants be low-income, racial or ethnic minorities underrepresented in higher education who are first-generation college students; and (2) the remaining one-third of such participants be either low-income individuals or first-generation college students. Requires participants to have completed three years of elementary education, and be between eight and 19 years of age (unless such limitations would defeat program purposes). Requires annual program reports to include data on student academic progress, appropriate income measures, gender, English proficiency, and the racial and ethnic background of program participants and service providers. Authorizes appropriations. Directs the Secretary to conduct a biennial survey, through the National Center for Educational Statistics, of factors associated with participation of low-income and minority students in various types of postsecondary education. Sets forth requirements for development of such survey and types of data to be included. Establishes a demonstration program of Stafford student loan forgiveness for any borrower employed as a full-time teacher: (1) in a school which qualifies under HEA for loan cancellation for Perkins student loan recipients who teach at such schools; and (2) of mathematics, science, foreign languages, special education, bilingual education, or any other field where the State educational agency determines there is a shortage of qualified teachers. Directs the Secretary to assume the obligation to repay the following percentages of Stafford loans incurred during the borrower's last two undergraduate years: (1) 15 percent for the first or second academic year in which the borrower is a full-time teacher; (2) 20 percent for the third or fourth such years of teaching; and (3) 30 percent for the fifth year. Sets forth a special rule authorizing such repayments with respect to Stafford loans for a maximum of two years in returning to an institution of higher education after graduation to obtain a teaching certificate. Authorizes the Secretary to make grants to State educational agencies (SEAs) to conduct Teacher Corps activities. Bases the amount of such grants on relative school-age population. Directs the Secretary to use funds for such program to: (1) disseminate information nationally about the availability of Teacher Corps scholarships to individuals leaving the armed services; and (2) conduct activities, with SEA cooperation, which foster communications and meetings, including training, of Teacher Corps members. Authorizes each SEA receiving such a grant to use such funds for: (1) grants to local educational agencies (LEAs) for induction and mentor programs; (2) in-service and mentoring program for Teacher Corps members at State and local levels; (3) technical assistance to LEAs for Teacher Corps and induction programs; (4) evaluation of Teacher Corps membership applications and awarding Teacher Corps scholarships; (5) Teacher Corps awards to individuals in training to become a school psychologist, school social worker, or a school counselor; (6) ensuring that members understand repayment obligations resulting from noncompliance with scholarship conditions; (7) assistance for employment placement of Teacher Corps members; and (8) collection of scholarship repayments. Requires SEAs to give priority in awarding grants to LEAs with the greatest proportion of disadvantaged students, including racial and ethnic minorities. Allows each SEA to choose to administer such program through a preexisting experienced panel. Authorizes LEAs receiving grants to use such funds for: (1) induction programs for new Teacher Corps members and other new teachers; and (2) ensuring that Teacher Corps members participate in an induction program for at least one year, including working with a mentor teacher designated by the LEA. Allows such induction programs to be developed in cooperation with institutions of higher education. Requires the SEA, in cooperation with the State higher education agency, to select Teacher Corps members. Requires the SEA-established criteria to include specified factors. Requires special consideration for individuals who intend to teach limited English-proficient students, preschool age children, or students with disabilities (or to provide related services to students with disabilities). Requires priority consideration for individuals from disadvantaged backgrounds, including racial and ethnic minorities and individuals with disabilities, who are underrepresented in the teaching profession or the curricular areas in which they are preparing to teach. Sets forth application requirements for Teacher Corps membership, SEAs, and LEAs. Provides for Teacher Corps scholarships. Limits individual eligibility to a maximum of three years of specified types of programs of study. Limits individual scholarship amount and duration. Requires that such scholarships be considered in determining eligibility for HEA student assistance. Requires that total assistance not exceed need. Provides for continued eligibility. Sets forth scholarship conditions, including agreement to work as a teacher, upon completion of education, for five years in a school which qualifies for Perkins student loan cancellation under HEA, or to repay all or part of the scholarship, plus interest, if scholarship conditions are not complied with. Requires SEAs receiving Teacher Corps assistance to: (1) publicize availability of and application procedures for Teacher Corps scholarships, particularly among specified types of students and individuals; and (2) recruit minority students to participate in the Teacher Corps program. Authorizes appropriations. Prohibits any such funds from being appropriated unless the amount appropriated to carry out the Paul Douglas Congressional Teacher Scholarships program under HEA equals or exceeds a specified amount. Amends HEA to establish the Teacher Opportunity Corps (TOC) program, to encourage institutions of higher education to offer educational programs and financial assistance to enable paraprofessionals working in shortage area schools serving disadvantaged students to become certified teachers. Directs the Secretary to allocate TOC program grant funds to States according to the same formula under which States receive funding for education of disadvantaged children. Requires TOC grant program agreements to include provisions for administration and recordkeeping by the State education or higher education agency. Authorizes the Secretary to make grants to States to support TOC programs at institutions of higher education. Sets forth State grant application requirements and general criteria for State grants, including: (1) involvement of institutions of higher education and shortage area schools or school districts; (2) full creditability to a baccalaureate program leading to teacher certification; (3) a program evaluation system; and (4) appropriate credit for paraprofessional classroom experience as practice or student teaching. Requires any paraprofessional who receives student financial assistance under the TOC program to agree to act as a paraprofessional in a shortage area school for at least one year for each year of such assistance, within ten years after completing the postsecondary education. Requires repayment of all or part of such assistance, plus interest and reasonable collection costs, if the recipient fails to comply with this service requirement, except in specified circumstances. Requires that such student financial assistance supplement, but not supplant, other Federal or State assistance for which the student would otherwise qualify. Requires TOC program grants to be for a term of at least five years, subject to availability of appropriations. Allows States to use TOC program funds for: (1) student financial assistance to paraprofessionals to pay part or all of the costs of attendance (including child care) in postsecondary education programs required for teacher certification; (2) supportive services for such paraprofessionals during participation in such programs; and (3) payment of wage costs of substitute paraprofessionals to afford employed paraprofessionals release-time to attend postsecondary classes required for teacher certification. Authorizes appropriations. Revises HEA with respect to Special Programs for Student from Disadvantaged Backgrounds to require the Secretary to consider the geographic location of first-time applicants for such funding to ensure that projects are evenly distributed geographically and are able to service the needs of large concentrations of disadvantaged students. Includes community-based organizations among the entities which may receive grants and contracts for such programs. Authorizes the Secretary to compile data on the students served by the projects assisted. Requires such data to include specified minimum components. Revises HEA special programs for students whose families are engaged in migrant and seasonal farmwork. Expands eligibility for the high school equivalency program and the college assistance migrant program to include certain persons who have participated in specified programs under the Elementary and Secondary Education Act of 1965 or the Job Training Partnership Act. Extends the grant period from three to five years. Extends the authorization of appropriations for the high school equivalency program and the college assistance migrant program. Authorizes the Secretary to carry out a National Mini-Corps Program to: (1) provide certain migrant college students with training to help them serve as student or teacher role models, links to the community, and tutors and teachers of migrant children; (2) designate college coordinators at participating institutions to train, supervise, and assign migrant students in cooperation with the operating State agency in which migrant children with special needs have been identified; (3) provide academic assistance, home visits, parental involvement, parent-student advisement services, and family advocacy; (4) provide that the instructional services for migrant children are to be coordinated with the overall educational goals of the operating State agency; and (5) provide that migrant students participating in such programs work from ten to 15 hours per week and receive stipends for such services. Authorizes appropriations.
United States · United States Congress · 29 July 1991
Nuclear Whistleblowers Protection Act Amendments - Amends the Energy Act of 1974 to provide protection for an employee who testified before Congress, notified his employer, or opposed unlawful practicies which regard to such Act or the Atomic Energy Act of 1954.
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 · 29 July 1991
National Science Foundation Antarctic Environmental Protection Act of 1991 - Requires the Director of the National Science Foundation (NSF) to issue regulations designating pollutants and to implement a permit program to prevent harm from pollutant discharges by any U.S. person in Antarctica. Requires the Director, in issuing pollution control regulations and permits under this Act, to: (1) ensure that the waste disposal and environmental protection requirements applicable to Antarctica as adopted by the United States or the Antarctica Treaty Parties are made mandatory minimum requirements for all U.S. persons in Antarctica; and (2) provide the same degree of environmental protection to U.S. activities in Antarctica as would be afforded by U.S. environmental laws. Makes it unlawful for U.S. persons, unless such an action is committed under emergency circumstances or to prevent loss of life, to: (1) discharge hazardous or toxic pollutants; (2) engage in the practice of ice staging; (3) transport hazardous or toxic pollutants to Antarctica for disposal purposes; (4) dump waste at sea in Antarctica, except in accordance with specified permits; (5) engage in open burning of wastes at coastal stations; and (6) discharge sewage or wastewater onto ice free land. Requires the Director to: (1) complete a comprehensive solid and hazardous waste management plan for all U.S. Antarctic Program stations, field camps, and operations; (2) implement a solid waste management program at McMurdo Station which is consistent with the NSF Implementation Plan; (3) establish policies to prevent oils, heavy metals, and hazardous and toxic pollutants from entering station wastewater collection systems; (4) permit the discharge of human wastewater into Antarctica coastal waters only after maceration and dilution; and (5) complete and implement recommendations of a hazardous and toxic pollutant spill prevention, control, and counter-measures plan. Prescribes civil and criminal penalties for violations of this Act. Confers responsibility for enforcement of this Act on the Director. Sets forth provisions concerning seizure of property. Requires an environmental audit of U.S. Antarctic Program stations, field camps, and operations to be concluded by an independent panel of experts. Requires the Director to submit a plan for implementing the panel's recommendations to the Office of Management and Budget. Requires the Director, upon completion of the new science facility laboratory at McMurdo Station, to dedicate appropriate personnel and resources within the laboratory to environmental monitoring, assessment, compliance, investigation, and enforcement activity. Directs NSF's Office of the Inspector General to establish procedures for reporting violations of this Act or of other applicable laws. Requires the Director to implement a long-term environmental monitoring program for Antarctica. Requires the Director to report to the Congress on: (1) the adequacy and effectiveness of efforts to control and reduce adverse effects of tourism on Antarctica wildlife, the environment, and the conduct of scientific research; and (2) the need for expanding the protection of Sites of Special Scientific Interest and Specially Protected Areas to include other areas requiring protection from tourist activities. Requires the Director to issue further regulations to apply to U.S. persons as may be necessary to: (1) minimize and prevent such adverse effects; (2) establish qualifications for guides for tourist expeditions to Antarctica; and (3) implement, with respect to such expeditions, any additional safety standards for vessel and air transportation under the weather conditions of that area. Provides for an environmental assessment of major Federal actions significantly affecting the quality of Antarctica's environment. Applies such requirement to all activities conducted by Federal agencies or by private or governmental entities receiving Federal assistance for such activities.
United States · United States Congress · 29 July 1991
Amends the Higher Education Act of 1965 to exclude from the calculation of expected family contribution in the determination of need for assistance under the Pell Grant program and other student assistance programs the following assets: (1) the family's principal place of residence; or (2) a family farm on which the family resides.
United States · United States Congress · 29 July 1991
Recognizes and grants a Federal charter to the Military Order of the World Wars, a nonprofit corporation organized under the laws of the District of Columbia.
United States · United States Congress · 26 July 1991
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 · 25 July 1991
Judicial Naturalization Amendments of 1991 - Amends the Immigration and Nationality Act to confer naturalization authority upon the Attorney General and eligible naturalization courts under specified conditions. (Current law provides the Attorney General with sole naturalization authority.)
United States · United States Congress · 25 July 1991
Condemns Syria's denial of Syrian Jews' right to travel freely and calls upon the Syrian Government to: (1) immediately grant Syrian Jews the right to travel freely without imposing a fee; and (2) release all Jewish prisoners who were charged or suspected of traveling illegally. Urges the President to encourage U.S. allies and trading partners to make similar pleas to the Syrian Government. Calls upon the United Nations to send an official delegation to Syria to investigate the present condition of Syrian Jews.
United States · United States Congress · 24 July 1991
Medicare Hospice In-Home Respite Care Coverage Act of 1991 - Amends title XVIII (Medicare) of the Social Security Act to cover up to 40 hours of in-home respite care for individuals during any of the 90-day periods or the subsequent 30-day period in which they are receiving Medicare hospice care. Sets the payment rate for such care.
United States · United States Congress · 24 July 1991
Toxic Cleanup Equity and Acceleration Act of 1991 - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to absolve municipalities or other persons from liability to any person other than the United States for claims of contribution or other response costs or damages related to the generation or transportation, or arrangement for the transportation, treatment, or disposal of municipal solid waste or sewage sludge unless there is a basis for liability under provisions governing owners or operators. Prohibits the President from initiating or maintaining an action against any person (other than owners or operators) in the absence of exceptional circumstances. Provides that exceptional circumstances exist where the President obtains evidence that: (1) the release of hazardous substances on which liability is based is not that ordinarily found in municipal solid waste or sewage sludge and the hazardous substances were derived from a commercial, institutional, or industrial process or activity; (2) the total contribution to the site of hazardous substances from such activities is insignificant in terms of volume and toxicity when compared to the volume and toxicity of the municipal solid waste and sewage sludge; or (3) absent the contribution of such substances, the contribution of hazardous substances from the municipal solid waste and sewage sludge would be a significant cause of the release that will result in the response action. Authorizes the President, when the release involves trash from commercial, institutional, or industrial sources, to require persons handling such materials to provide evidence that the general composition and toxicity of the trash are similar to those of waste generated by households. Authorizes a municipality, whenever an administrative or judicial action is brought against the municipality for acts or omissions concerning the handling of municipal solid waste or sewage sludge, to request the President to settle the municipality's potential liability for response costs or damages to natural resources. Prohibits an action from being commenced or pursued during the period the President is considering the settlement request. Limits permissible reasons to fail to reach a settlement to one or more of the following: (1) the settlement offer from the municipality does not meet the cost allocation criteria; (2) the municipality refuses to agree to settlement terms required in consent decrees; or (3) insufficient information exists to permit a cost allocation. Provides that if the President completes a settlement with a party other than the municipality requesting a settlement, such settlement creates a rebuttable presumption that the President cannot invoke insufficient information as a reason for failing to settle with the municipality concerning matters addressed in the other party's settlement. Provides that settlements shall: (1) require the municipality to pay for costs based on the quantity of hazardous constituents in municipal solid waste and sewage sludge, subject to a certain condition; (2) limit a municipality's payments if such payments would force a municipality to dissolve, declare bankruptcy, or default on debt obligations; and (3) be reached even in the event that a municipality may be liable for response costs or damages in other actions. Requires the President to provide a covenant not to sue with respect to the facility concerned to any municipality which has entered into a settlement. Directs the President to prepare a nonbinding preliminary allocation of responsibility (based on the quantity of hazardous constituents in municipal solid waste and sewage sludge) upon the request of a municipality. Applies this Act to all administrative or judicial actions commenced before this Act's effective date, unless a final court judgement has been rendered or a court-approved settlement agreement has been reached.
United States · United States Congress · 23 July 1991
Rewards for Results Act of 1991 - Title I: Ready to Start School - Entitles all eligible States to receive payments from the Secretary of Health and Human Services (HHS) as a reward for meeting certain criteria in achieving the national educational goal of readiness to start school. Provides for such payments for any of the first six fiscal years beginning after enactment of this Act. Provides for two types of such payments: (1) those relating to eligible children one year old; and (2) those relating to eligible children who register for first grade. Requires States, in order to be eligible, to submit applications containing: (1) certifications of numbers of eligible children, by particular family income category, and their receipt of health care prior to age one or first grade registration, as applicable (and receipt of parental care or early childhood education prior to first grade); and (2) assurances that such payments will be used in addition to other Federal and State funds for, respectively, health care for eligible children less than one year old, and early childhood education and health care to eligible children less than seven years old. Sets forth formulas for determining the amounts of such payments, according to numbers of children certified in specified categories of family income. Title II: Excellence in Student Performance - Entitles eligible States, upon application, to receive payments from the Secretary of Education as a reward for meeting certain criteria in achieving the national educational goal of excellence in student performance. Provides for such payments for any of the first six fiscal years beginning after enactment of this Act. Requires a State, in order to be eligible to receive such payments, to establish a baseline figure for each local educational agency (LEA) each year that represents the most recent available figures for the number of graduating high school seniors whose average scores in mathematics and science on an international test equal or surpass the highest average scores of another nation. Requires an LEA, to qualify to receive payments under this title, to demonstrate an increase in the baseline figure above the previous year's figure. Requires students, to receive scholarship funds under this title, to have an average mathematics and science score on the international test that equals or surpasses the highest average score of another nation. Requires the National Education Goals Panel, established by the President, to select the international test. Directs the Secretary to annually adjust the test results to allow the variation in types of students tested in other nations. Requires State applications to provide specified information, an affidavit regarding accuracy of test results, and assure use of funds to supplement not supplant all other funds. Bases payments to States on a formula involving per student reward amount and the number of eligible students with test scores meeting the criteria. Sets forth formulas for determining per student reward amount, with exceptions for payments to States with LEAs with very high or very low percentages of students meeting the criteria. Requires State educational agencies to submit plans for distribution of such payments, with at least 80 percent of funds received under this title to be distributed to LEAs. Requires LEAs to distribute such funds equitably to all secondary schools within their jurisdiction. Requires qualifying students who desire such scholarship funds to submit applications to the Secretary of Education with their certified test results, within three years after notification of test results. Sets scholarship amounts as follows: (1) $5,000 for a qualified eligible student; and (2) $2,500 who are not eligible to be counted under specified provisions for education of disadvantaged children under chapter 1 title I of the Elementary and Secondary Education Act of 1965. Directs the Secretary of Education to pay such funds to the institution of higher education of the qualifying student's choice where they are enrolled for a recognized course of study. Directs the National Education Goals Panel to report to the Congress, within two years after enactment of this Act, on the feasibility of testing in other academic subjects and grade levels. Title III: Increase in Rate of Corporate Income Tax - Amends the Internal Revenue Code to increase the rate of tax on corporations applicable to taxable years 1992 through 1997. Title IV: General Provisions- - Directs the appropriate Secretary (of HHS for title I, of Education for title II) to: (1) conduct random annual audits of at least ten percent of States receiving payments under this Act; and (2) impose specified sanctions for noncompliance. Provides for contingent advance payments for the second year.
United States · United States Congress · 23 July 1991
Police Accountability Act of 1991 - Makes it unlawful for any governmental authority to engage in a pattern or practice of conduct by law enforcement officers that deprives persons of their constitutional or statutory rights, privileges, or immunities. Authorizes: (1) civil actions by the Attorney General and by any injured person to obtain equitable and declaratory relief to eliminate any such pattern or practice; and (2) the court to allow the prevailing plaintiff (in the case of an action by an injured person) reasonable attorney's fees and other litigation fees and costs, including expert's fees. Specifies that a governmental body shall be liable for such fees and costs to the same extent as a private individual. Establishes penalties for police brutality (excessive force), including a fine and imprisonment for any term of years or life if death results, for not more than ten years if bodily injury other than death results, and for not to exceed one year in any other case. Directs the Attorney General to acquire and publish an annual summary of data about complaints to criminal justice authorities about the use of excessive force by law enforcement officers. Requires State applications for justice system improvement grants (under the Omnibus Crime Control and Safe Streets Act of 1968) to include a certification that the State and its units of local government are providing such data to the Attorney General.
United States · United States Congress · 23 July 1991
Expresses the sense of the House of Representatives that the people of the United States should recognize: (1) the tenth anniversary of "An Artistic Discovery" (the Congressional High School Art Competition); and (2) its success in encouraging the creative endeavors of our Nation's young artists and forging strong working relationships among the Congress, businesses, and the arts community towards the ultimate goal of providing opportunities for high school students to express their artistic talents.
United States · United States Congress · 17 July 1991
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 · 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 Secretary of the department in which the Coast Guard is operating and the Secretary of Defense to enter into an agreement under the Magnuson Fishery Conservation and Management Act under which the Coast Guard is authorized to utilize the personnel, services, equipment (including aircraft and vessels), and facilities of the Department of Defense to assist in enforcing U.S. large-scale driftnet fishing laws and in implementing international agreements, and United Nations resolutions on large-scale driftnet fishing.
United States · United States Congress · 16 July 1991
Amends the Internal Revenue Code to permit deferred compensation plans of State and local governments and tax-exempt organizations to make distributions to a participant if: (1) the total does not exceed $3,500; and (2) such amount may be distributed only if no amount has been deferred during the two-year period ending on the date of distribution and there has been no prior distribution. Allows the plan to distribute such amount without the participant's consent under such circumstances. Allows participants to make one change in their deferred distribution date. Provides for a cost-of-living adjustment to the maximum deferral amount per year.
United States · United States Congress · 11 July 1991
Affirms the U.S. commitment to implement the recommendations contained in the Amsterdam Declaration adopted by the International Forum on Population in the Twenty-First Century, in particular the recommendations that countries and donors: (1) increase their political commitment to population programs and policies and take into account the principles of the World Population Plan of Action of 1974; (2) contribute to the development of comprehensive population goals and objectives and take into account the review of population experience conducted by the United Nations Population Fund; (3) adopt integrated population, environmental, and natural resource management policies; (4) provide the financial resources to reach the medium variant population projection by the year 2000; (5) improve the role and status of women and ensure that women participate in and benefit from population and development activities; (6) ensure that population programs provide education and counseling for young people and promote their participation in development activities; (7) guarantee all individuals the right to decide the number and spacing of their children and ensure that they have the information and means to do so; (8) take into account the results of the Forum in the formulation of international development strategies for specified United Nations conferences; (9) support research for family planning and expedite distribution of existing methods; (10) respond positively to requests for population assistance and increase the proportion of development assistance going to population activities; (11) observe the priorities of, and harmonize, donor financial inputs and program procedures; and (12) coordinate population assistance with other donors. Urges all entities referred to in the Declaration to implement applicable recommendations. Sets forth the text of the Declaration.
United States · United States Congress · 10 July 1991
Lead Contamination Control Act Amendments of 1991 - Amends the Public Health Service Act to revise provisions concerning grants for lead poisoning prevention programs to authorize grants to public and nonprofit entities (currently, State and local governments). Requires priority in making grants to be given to applications for programs that will serve areas with a high incidence of elevated blood-lead levels in infants and children. Prohibits the Secretary of Health and Human Services from making such grants unless, in the case of any service that is made available pursuant to the State plan approved under title XIX of the Social Security Act (Medicaid) for the State involved, the grant applicant: (1) will provide the service directly and has entered into a participation agreement under the State plan and is qualified to receive payments under the plan; or (2) will enter into an agreement with a Medicaid provider under which the provider will provide the service and the provider has entered into a participation agreement and is qualified to receive such payments. Waives the requirement to enter into an agreement for such providers if the provider does not impose a charge or accept reimbursement from a third-party payor with respect to health care services. Prohibits grant recipients from making payments from the grant for any service to the extent that payment can reasonably be expected to be made for such service: (1) under any State compensation program, under an insurance policy, or under any Federal or State health benefits program; or (2) by an entity that provides health services on a prepaid basis. Waives such prohibition in the case of those providers through which the grantee provides services if the Secretary has provided a waiver with respect to secondary participation agreements. Extends the authorization of appropriations for the grant program through FY 1996. Sets forth the requirements for the national primary drinking water regulation for lead. Applies such requirements to community and noncommunity water systems. Establishes a limit for lead in tap water. Provides that the maximum contaminant level goal for lead in drinking water is zero. Requires requirements set forth in this Act to supersede requirements concerning lead in drinking water promulgated by the Administrator of the Environmental Protection Agency (EPA) on May 6, 1991, except for requirements relating to analytical methods. Permits the Administrator to promulgate regulations concerning lead in drinking water only if they are more protective of human health than corresponding requirements of this Act. Provides that the maximum contaminant level for lead in effect before May 6, 1991, shall be effective upon this Act's enactment date. Sets forth deadlines by which water systems shall complete applicable corrosion control treatment requirements. Deems a system to have optimized corrosion control and exempts a system from completion of corrosion control treatment steps if the system satisfies one of the following criteria: (1) in the case of a small- or medium-sized system, the system meets the tap water lead limit during two consecutive six-month monitoring periods; or (2) in the case of any water system, the system demonstrates to the State that it has conducted activities equivalent to applicable corrosion control steps required by this Act or it submits monitoring results that demonstrate for two consecutive six-month monitoring periods that the difference between the highest tap water lead concentration and the highest source water lead concentration is not detectable. Permits a small-or medium-sized water system to cease completion of treatment steps whenever such systems meet tap water lead limits during two consecutive monitoring periods and submit the results to the State. Sets forth corrosion control treatment steps and deadlines for large-, medium-, and small-sized systems. Requires small- and medium-sized systems exceeding the tap water lead limit to recommend installation of at least one of the following corrosion control treatments: (1) alkalinity and pH adjustment; (2) calcium hardness adjustment; and (3) the addition of a phosphate or silicate corrosion inhibitor to maintain an effective residual concentration in test tap samples. Authorizes a State to require such systems to perform specified corrosion control studies to identify optimal corrosion control treatment. Sets forth study requirements. Requires a State to approve the option recommended by the system or to designate alternative treatments. Directs systems to install and operate the treatments designated by the State. Requires States to evaluate the results of lead tap and water quality parameter samples submitted by water systems to determine whether a system has properly installed and operated the designated corrosion control treatment. Directs States to designate: (1) a minimum range of values for pH measured at each entry point to the distribution system; (2) a minimum pH value measured in all tap samples; (3) a minimum range of concentrations for a corrosion inhibitor (if used) measured at each entry point to the system and in all tap samples; (4) a minimum range of concentrations for alkalinity (if alkalinity is adjusted) measured at each entry point to the system and in all tap samples; and (5) a minimum range of concentrations for calcium measured in all tap samples (if calcium carbonate stabilization is used as part of corrosion control). Requires systems to maintain water quality parameter values at or above minimum values or within ranges designated by a State. Authorizes States to modify optimal corrosion control treatment or water quality parameters, subject to certain conditions. Establishes a maximum contaminant level for lead in source water. Requires public water systems that fail to meet the tap water lead limit to replace lead service lines. Directs a system to replace such lines at an annual rate that will replace 20 percent of the lead lines or ten percent of all service lines, whichever results in replacement of a greater number of lead service lines. Sets forth a replacement schedule. Provides for extensions of replacement deadlines upon the application of a system with a large number of lead service lines in the distribution system. Exempts a system from replacement requirements if the State determines that the service line does not contribute to tap water lead concentrations in excess of ten parts per billion. Requires a system to replace the entire service line unless it demonstrates to the State that it controls less than the entire service line. Sets forth requirements for replacing portions of service lines. Presumes that a system controls the entire lead service line (up to the building inlet) unless the State determines that it does not have the following forms of control over the entire line: (1) legal authority; (2) authority to set standards for construction or maintenance or to replace, repair, or maintain the line; or (3) ownership of the line. Provides for shorter replacement schedules, where feasible. Permits a system to cease replacing such lines whenever the tap water samples meet lead limits during two consecutive monitoring periods and the results are submitted to the State. Requires States to establish programs to encourage public water systems to: (1) provide a voluntary service of referring building owners in a system's service area to approved contractors to remove lead plumbing, fixtures, or solder from the buildings; and (2) offer to fund such removal and to bill their water customers in a manner that allows easy payment for such removal. Directs the Administrator to distribute a model State program. Requires water systems that exceed the tap water limit to deliver certain public education materials and public service announcements with respect to lead in drinking water. Sets forth required texts of such materials. Provides that in communities where a significant proportion of the population speaks a language other than English, such materials shall be communicated in the appropriate languages. Sets forth delivery requirements with respect to such materials. Permits a system to discontinue delivery if the system has met the tap water lead limit during the most recent six-month monitoring period. Requires systems failing to meet such limit to offer to sample the tap water of any customer who requests such sampling. Directs systems which fail to comply with a maximum contaminant level for lead or any related requirement to notify persons served by such systems of the violation. Requires water systems to complete a materials evaluation of their distribution systems to identify a pool of targeted sampling sites sufficiently large to ensure the collection of required lead tap samples. Prohibits faucets with devices designed to remove inorganic contaminants from being included as sampling sites. Requires systems to use information relating to special monitoring for corrosivity characteristics when conducting materials evaluations. Sets forth sources of information to be used when such systems' information is insufficient to locate the requisite number of lead sampling sites. Sets forth required sampling sites. Requires water systems whose distribution systems contain lead service lines to draw 50 percent of samples from sites that contain lead pipes or copper pipes with lead solder and 50 percent of those samples to be from sites served by a lead service line. Designates tap samples collected for lead (except for lead service line samples) as first draw samples. Requires: (1) first draw tap samples for lead to be one liter in volume and to have stood motionless in the plumbing system of each sampling site for at least six hours; and (2) service line samples to be one liter in volume and to have stood motionless in the lead service line for at least six hours. Sets forth collection requirements. Requires systems to collect at least one sample during each monitoring period (at six-month intervals) from the number of sites listed under this Act. Bases the number of sites required to be monitored on the size of the system. Provides for reduced monitoring for systems that meet lead limits during consecutive monitoring periods. Requires water systems that exceed the tap water lead limit to monitor water quality parameters. Provides that tap samples shall be representative of water quality throughout a distribution system, taking into account the number of persons served, the different sources of water, the different treatment methods, and seasonal variability. Requires samples collected at entry points to distribution systems to be from locations representative of sources after treatment. Directs systems to collect two tap samples for water quality parameters at six-month intervals. Bases the number of sites required to be monitored on the size of the system. Sets forth parameters to be measured and general monitoring requirements. Provides for reduced monitoring for systems that maintain the range of values for water quality parameters during consecutive monitoring periods. Requires systems to collect (at six-month intervals) lead source water samples in accordance with requirements specified in regulations of the Administrator relating to inorganic chemical sampling. Provides for reduced monitoring for systems using groundwater, surface water, or a combination of the two which demonstrate that finished drinking water entering distribution systems has been maintained below the source water maximum contaminant level during specified consecutive periods. Requires systems to: (1) report to States on tap water samples, source water monitoring, corrosion control treatment, lead service line replacements, and public education requirements; and (2) submit to States annually a letter certifying the extent of compliance with such requirements. Sets forth recordkeeping and reporting requirements for public water systems. Sets forth provisions concerning EPA review of State determinations concerning drinking water regulation for lead. Provides that issuance of a final order by the Administrator shall constitute requirements of the national primary drinking water regulation for lead and shall supersede any inconsistent State treatment requirements. Withdraws enforcement responsibility from States which fail to implement this Act's requirements for public water systems. Authorizes States to require public water systems to use bottled water or other means as a condition of: (1) granting variances or exemptions from requirements of the national primary drinking water regulations to avoid an unreasonable health risk; or (2) granting an exemption from corrosion control treatment requirements for lead or source water and lead service line replacement requirements to avoid such risk. Requires systems that use bottled water as a condition for receiving a variance or exemption to meet specified requirements, including: (1) a State-approved monitoring program for bottled water or a certification from the bottled water company that the water has been taken from an approved source (as defined by the Administrator of the Food and Drug Administration) and the company has conducted monitoring; and (2) the provision of sufficient quantities of bottled water to every person supplied by the public water system. Prohibits the EPA Administrator from promulgating any national primary drinking water regulations under the Public Health Service Act which are based on an action level in lieu of a maximum contaminant level or a treatment technique prescribed by such Act. Voids any such regulations promulgated before this Act. Requires the Administrator to promulgate drinking water regulations consistent with such Act for any contaminant, other than lead, for which regulations are voided. Directs local educational agencies to complete testing for lead contamination in drinking water from coolers and other drinking water outlets at schools under their jurisdiction. Requires the Administrator to revise a guidance document and protocol concerning lead in school drinking water to provide for follow-up sampling and to recommend remedial steps whenever the lead concentration exceeds a specified level. Directs local educational agencies, if lead concentration in such water exceeds such level, to submit to school personnel, parents of children, and the agency with primary enforcement responsibility for the public water system serving the school a lead disclosure statement and a description of actions to be taken in response to test results. Requires (currently, permits) grants made to States for programs regarding lead in school drinking water to be used to reimburse local educational agencies for expenses incurred in testing and remedial action. Extends the authorization of appropriations for such grants. Imposes civil penalties upon local educational agencies that fail to comply with requirements for testing and remedying lead in school drinking water. Requires pipe fittings and fixtures used in public water systems or in plumbing providing water for human consumption to be lead-free. Makes it unlawful to: (1) introduce into commerce any pipe, pipe fitting, or fixture that is not lead free; (2) sell solder or flux plumbing supplies which are not lead free; or (3) introduce into commerce any solder or flux which is not lead free unless such solder or flux bears a label stating that is illegal to use such materials in the installation or repair of plumbing providing water for human consumption. Revises the definition of "lead free" to provide that four years after this Act's enactment, such term refers to pipes, pipe fittings, fixtures, solder, and flux that have no lead content or that have been certified as lead free by the Administrator. Prescribes civil penalties for violations of such prohibitions. Applies provisions authorizing citizens' civil actions against the Administrator for violations of safety requirements for public water systems to States with primary enforcement responsibility. Applies recordkeeping and inspection provisions of the Safe Drinking Water Act to any person subject to requirements of this Act. Directs the Secretary to establish programs to: (1) accredit individuals to train lead inspectors to comply with lead inspection standards and deleaders to comply with lead abatement standards; (2) license lead inspectors and deleaders; and (3) certify laboratories as qualified to test substances for lead. Requires the Secretary to maintain lists (by State or metropolitan area) of licensed lead inspectors and deleaders, accredited instructors, and certified laboratories. Makes such lists available to the public. Provides for annual fees for accreditations, certifications, or licensings. Authorizes suspensions or revocations whenever the Secretary determines that the holder of an accreditation, license, or certification has violated relevant requirements. Directs the Secretary to: (1) report on methods and devices available to inspect for lead paint and lead hazards and to abate lead hazards; and (2) promulgate standards for the performance of lead inspections and lead abatement of covered premises. Sets forth requirements for lead inspection and abatement standards. Permits petitions for the modification of such standards to include or delete an inspection or abatement methods or device. Prohibits: (1) the performance of a lead inspection or lead abatement of a covered premise for compensation, except in compliance with such standards; (2) the sale or distribution in interstate commerce of any device for lead inspection or abatement, unless the device is approved under such standards. Directs the Secretary to promulgate regulations for the disclosure of indoor lead paint and lead hazards. Requires persons who sell or lease covered residential premises to provide purchasers or lessees with lead hazard inspection reports (and, in cases where a lead hazard is present, with lead disclosure statements) before such individuals are obligated to purchase or lease the premises. Directs persons who perform renovations of covered premises for compensation to provide lead disclosure statements to owners and occupants prior to commencing renovations. Requires the Secretary to publish and periodically revise a standard lead disclosure statement. Sets forth statement requirements. Requires the Secretary to undertake a public education program to inform the public about the risks of lead poisoning and the requirements for lead inspection, abatement, and disclosure. Directs the Secretary to require local educational agencies to conduct lead inspections for covered schools or day care centers and to provide all school or day care personnel and parents of children attending the school or day care center with a copy of the inspection report and disclosure statement (as well as response actions) in each case in which a lead hazard is detected. Requires the Secretary to make grants to States for assisting such agencies in testing for, and abating, lead hazards in schools and day care centers. Authorizes appropriations. Authorizes States which seek to administer the indoor lead contamination program to submit programs to the Secretary. Provides for the approval of programs that are at least as protective of human health and welfare as the Federal program and that provide for adequate enforcement. Requires the Secretary to promulgate a model State program. Prescribes civil penalties and authorizes civil actions for violations of indoor lead contamination inspection and abatement requirements. Applies Federal, State, interstate, and local lead hazard control requirements to Federal facilities in the same manner as such requirements apply to nongovernmental entities. Authorizes the Secretary to promulgate rules under which an Indian tribe may be treated as a State for purposes of such requirements. Amends the Federal Food, Drug, and Cosmetic Act to deem a food to be adulterated if: (1) it is packaged in a can or other container that contains solder or flux with lead content; or (2) it contains lead, unless the Secretary of Health and Human Services has determined that the level of lead contained in the food is safe. Directs the Secretary to promulgate regulations to establish standards, testing, and certification procedures with respect to lead in ceramic and crystal ware as are necessary to make food that contacts such ware safe. Prohibits the introduction into interstate commerce of any ceramic or crystal ware that has not been certified as safe with respect to lead by the Secretary.
United States · United States Congress · 10 July 1991
Social Security Trust Fund Integrity and Benefits Improvement Act of 1991 - Title I: Benefit Improvements - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to: (1) increase the amount of outside income which beneficiaries who have attained retirement age may earn without incurring a reduction in benefits; (2) increase survivors' benefits for those widows and widowers whose spouses died before they reached age 65; (3) repeal provisions which require that a widow or widower must have become disabled within seven years of their spouse's death or within seven years of the end of their eligibility for benefits as the surviving parent of a young child in order to be eligible for disability benefits; (4) raise the social security payroll tax exemption for State election officials and workers, and index the exempt amount beginning in 1993; and (5) increase the OASDI contribution and benefit base on a graduated basis beginning in 1992. Directs the Comptroller General to conduct a study and report to the Congress on the disability determination process and the appeals process applicable to disability determinations under the OASDI program and title XVI (Supplemental Security Income) (SSI) of the Social Security Act. Title II: Clarification of Budgetary Provisions - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to exclude the appropriations for the administration of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund from Federal budget deficit calculations and to exempt such appropriations from sequestration under such Act. Title III: Social Security Administration - Amends title VII (Administration) of the Social Security Act to establish the Social Security Administration as an independent executive agency. Transfers to the Administration all functions carried out by the Secretary of Health and Human Services pertaining to such programs.
United States · United States Congress · 10 July 1991
Fairness in Death Sentencing Act of 1991 - Amends the Federal judicial code to prohibit the implementation of a sentence of death that was imposed based on race. Specifies that an inference that race was the basis of a death sentence is established if valid evidence is presented demonstrating that, at the time such sentence was imposed, race was a statistically significant factor in decisions to seek or to impose the death sentence in the jurisdiction in question. Provides that evidence relevant to establishing such inference may include evidence that death sentences were, at the pertinent time, being imposed significantly more frequently in the jurisdiction in question: (1) upon persons of one race than upon persons of another race; or (2) as punishment for capital offenses against persons of one race than as punishment for capital offenses against persons of another race. Directs the court to determine the validity of any statistical evidence presented to establish such inference and if it provides a basis for such inference. Specifies that such evidence must take into account, to the extent it is compiled and made publicly available, evidence of the statutory aggravating factors of the crimes involved and must include comparisons of similar cases involving persons of different races. Bars the implementation of the death sentence unless the Government rebuts such inference by a preponderance of the evidence. Requires that data collected by public officials concerning factors relevant to the imposition of the death sentence be made publicly available. Sets forth provisions with respect to the enforcement of this Act. Specifies that no person shall be barred from raising any claim under this Act on the ground of having failed to raise or prosecute the same or a similar claim before the enactment of this Act, nor by reason of any adjudication rendered before such enactment.
United States · United States Congress · 10 July 1991
Amends part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services to determine whether an individual entitled to benefits under part A (Hospital Insurance) meets the requirements for status as a qualified Medicare beneficiary under the Medicaid program (title XIX of the Social Security Act).
![Official portrait of Rep. Kopetski, Mike [D-OR-5]](https://www.congress.gov/img/member/k000312_200.jpg)