United States · United States Congress · 11 June 1991
Amends title XVIII (Medicare) of the Social Security Act to prohibit the Secretary of Health and Human Services from using claim sampling to deny claims or recover overpayments under the Medicare program without probable cause that fraud exists.
United States · United States Congress · 7 June 1991
Limits the total number of civilian employees of the Federal Government on September 30, 1991, unless there is a national emergency or the United States is at war. Prohibits compliance with such mandate through any involuntary separations. Exempts from such mandate employees within the executive branch who are law enforcement officers, who are involved in the delivery of health care services, or who work in specified intelligence agencies.
United States · United States Congress · 6 June 1991
Federal Aid Surface Transportation Act of 1991 - Title I: Federal-Aid Highway Act of 1991 - Federal-Aid Highway Act of 1991 - Authorizes appropriations out of the Highway Account of the Highway Trust Fund (HTF) for: (1) the National Highway and Bridge System; (2) the Urban and Rural Highway and Bridge Program; (3) emergency relief; (4) the Federal Lands Highway Program; (5) the University Transportation Centers Program; (6) the Right-of-Way Revolving Fund; and (7) the Territorial Highway Program. Specifies that unobligated balances of funds apportioned or allocated to a State under Federal highway provisions before October 1, 1991, shall be available for obligation in such State under the law, regulations, policies, and procedures relating to the obligation and expenditure of those funds in effect on September 30, 1991. Repeals the FY 1993 authorization under the Federal-Aid Highway Act of 1956. Authorizes appropriations for Interstate construction to complete the Interstate System out of the Highway Account of the HTF for each of FY 1992 through 1995. Provides for certain allocations for Massachusetts for such fiscal years. Sets forth a formula for the apportionment of authorized funds for such fiscal years among the States. Authorizes appropriations out of the Highway Account of the HTF for highway projects for the Interstate Substitution Program. Sets forth provisions with respect to obligation ceilings for Federal-aid highway programs, distribution of and limitations on obligation authority, and redistribution of unused obligation authority. Declares that national resources should be focused upon preserving the nation's investment in its Interstate systems, that broad national defense, economic, safety, and international policy goals are advanced by efficient transportation systems, that national transportation investments should increasingly encourage domestic and international commerce and trade, and that, based on congressionally established national transportation policy and objectives, a new Federal high priority highway network should be designated. Establishes the National Highway and Bridge System, to consist of all currently designated Interstate highways, an appropriate portion of the rural and urban principal arterial routes, including toll facilities, and national defense highways, and routes which meet specified criteria (including nationally significant truck routes, routes that provide nationally significant commodities with access to markets, access points to significant national parks, facilities that will provide logical connection between major population centers and the National Highway and Bridge System, and major urban corridors). Specifies that the National Highway System shall be based on a functional reclassification of roads and streets in each State which shall be designated not later than September 30, 1993, in accordance with guidelines issued by the Secretary of Transportation, and that the Secretary may add segments to the National Highway System as necessary to meet National Highway Program objectives. Directs the Secretary to establish criteria for reviewing projects to be funded as part of the National Highway and Bridge System which: (1) define eligible projects to include rehabilitation, resurfacing, restoration, capacity expansion, operational improvement, safety, and new highway construction; (2) ensure as a first priority for the use of available funds the protection of investments made in the Interstate highways in each State and the provision of suitable traveling quality by such highways; (3) permit funding in urbanized areas to be used to improve highway and transit systems, where it can be shown that the improvement will increase the level of service within the corridor of the National Highway and Bridge System; and (4) permit the use of such funds for intercity rail projects and projects for access to ports, airports, and related facilities. Sets forth additional provisions with respect to the discharge of responsibilities by the Secretary for National Highway and Bridge System projects. Directs the Secretary to establish an Urban and Rural Highway and Bridge Program to provide a category of funds that minimizes Federal requirements and provides flexibility in the use of available funds for either highway or transit projects. Specifies: (1) that the Urban and Rural Highway and Bridge Program shall consist of all public highways (including bridges) functionally classified as arterials, urban collectors, and rural collectors other than those designated as part of the National Highway and Bridge System; (2) that each State shall establish guidelines for implementing this program; and (3) eligible highways and projects. Sets forth provisions with respect to the obligation of funds, and the Federal share of projects, for the construction of toll roads, bridges, tunnels, and ferries. Requires the Secretary, in each fiscal year, to allocate among the States amounts sufficient to ensure that: (1) the total of apportionments and minimum allocation for each State in each such fiscal year shall not be less than 90 percent (currently, 85 percent) of the percentage of estimated tax payments into the Highway Account of the HTF attributable to highway users in the State of total apportionments in each such fiscal year and allocations for the prior year; and (2) each State's total apportionment from the Highway Account of the HTF for the year is not less than that made during FY 1991 (excluding any Interstate construction funds in excess of FY 1992 one-half percent minimum, Interstate substitution, and amounts for demonstration or discretionary funding programs or projects). Directs the Secretary to cooperate with State and local officials in urbanized areas in the development of transportation plans and programs which are formulated with due consideration to comprehensive long-range land use plans, development objectives, innovative financing mechanisms, overall social, economic, environmental, and system performance, energy conservation goals and objectives and with due consideration to their probable effect on the future development of the area. Specifies that the transportation planning process, at a minimum, shall cover the existing urbanized area and the area expected to become urbanized within the forecast period, and that it may encompass the entire Metropolitan Statistical Area/Consolidated Metropolitan Statistical Area at the discretion of the Governor and the affected units of local government. Requires that transportation plans and programs in urbanized areas of more than 200,000 population be based on a continuing transportation planning process which: (1) is carried out by a metropolitan planning organization and is comprehensive to the degree appropriate based on the complexity of transportation problems in the area, including transportation-related air quality problems; and (2) considers all modes of transportation, including intermodal connectivity, the balance between future development and transportation needs, and an areawide multimodal congestion management system. Specifies that in nonattainment areas for transportation-related pollutants the multimodal congestion management system shall address air quality considerations and be coordinated with the process for development of the transportation element of the State Implementation Plan required by the Clean Air Act. Requires that the costs and impacts of proposed action on both mobility and air quality be evaluated. Bars the Secretary from approving any highway project in urbanized areas of more than 200,000 population that by reconstruction or new construction significantly increases the vehicle carrying capacity of a transportation corridor unless the project is consistent with the congestion management system. Directs the metropolitan planning organization to cooperate with the State in the development of a congestion management, bridge management, pavement management, safety management, and traffic monitoring system. Requires that: (1) a metropolitan planning organization be designated in each urbanized area by agreement among the units of general purpose local government and the Governor to carry out such transportation planning process; (2) such organization develop a transportation improvement program that includes all projects proposed for funding within the study area under the National Highway and Bridge Program, the Urban and Rural Highway and Bridge Program, and the Bridge Program; and (3) in urbanized areas of 200,000 population or less, such organization, the State, and transit operators, at a minimum, meet the requirements of this Act by the development of such a transportation improvement program (including consideration of transportation-related air quality problems.) Requires the Federal highway research program to include coordinated long-term programs of research: (1) on Intelligent Vehicle Highway Systems; and (2) for the development, use, and dissemination of performance indicators to measure the performance of the surface transportation system. Requires such program to continue those portions of the Strategic Highway Research Program that the Secretary deems important. Directs the Secretary to create and administer the Dwight David Eisenhower Transportation Fellowship Program, a program to attract qualified students to the field of transportation engineering and research. Provides for the funding of such program. Directs the Secretary to cooperate with the States in carrying out: (1) statewide transportation planning; and (2) State highway research. Sets forth provisions regarding State matching fund requirements and waiver of such requirements. Directs the Secretary: (1) in the Secretary's reports regarding future highway needs of the nation, to report as well on the condition and performance of the existing system and on the bridge needs of the nation; and (2) beginning with the report due in January 1995, to include the results of studies of the air quality impacts of transportation programs including the air quality benefits realized from transportation control measures required under the Clear Air Act. Establishes within the Department of Transportation a Bureau of Transportation Statistics, which shall pursue a comprehensive, long-term program for the collection and analysis of data relating to the performance of the national transportation system. Requires the Director of such Bureau to: (1) produce annually unbiased and comparable estimates of factors including productivity in the various portions of the transportation sector, traffic flow, travel times, travel costs of intracity commuting and intercity trips, frequency of vehicle and transportation facility repairs, accidents, and collateral damage to the human and natural environment; and (2) submit reports beginning on October 1, 1992, and every 12 months thereafter, to specified congressional committees describing the status of the U.S. transportation system. Authorizes the Secretary to: (1) undertake, on a cost-shared basis, collaborative research and development with non-Federal entities, including State, local, and foreign governments; and (2) enter into cooperative research and development agreements, except that the average Federal share in such agreements shall not exceed 50 percent (but allows the Secretary to approve a higher Federal level of participation where there is substantial public interest or benefit). Authorizes the Secretary to withhold project approvals on National Highway and Bridge Program projects for failure of a State to have a bridge management, pavement management, safety management, and congestion management system. Requires each State to have a traffic monitoring system to provide statistically-based traffic data. Sets forth provisions regarding: (1) acquisition of rights-of-way; (2) private, State, and local donations; (3) access to rights-of-way to accommodate needed passenger or commuter rail, high speed ground transportation systems (including magnetic levitation systems), and highway and nonhighway public mass transit facilities; and (4) the definition and scope of the Interstate System. Declares that: (1) the nation must redirect its efforts toward moving people, information, and goods rather than moving vehicles; (2) the new Federal program shall refocus national policies to respond to increasing inter-regional travel, relieving urban congestion, improving rural access, fostering intermodalism, enhancing air quality, conserving energy, and giving priority to projects that offer the best solutions to the transportation problems and environmental considerations of each region; and (3) the essential element for an effective future program is a new Federal, State, and local partnership that provides more funding, greater program flexibility, and greater program management and resource contribution responsibilities at the State and local levels. Sets forth provisions with respect to the apportionment of funds, including apportionment formulas under the: (1) National Highway and Bridge Program, based on the State's rural and urban lane miles, rural vehicle miles traveled, and diesel fuel consumption; and (2) Urban and Rural Highway and Bridge Program, in the ratio of tax payments of the Highway Account of the HTF attributable to the highway users of each State. Sets forth provisions with respect to: (1) project agreements and obligations of funds; (2) availability of funds; (3) the Federal share payable with respect to certain projects; (4) project litigation expenses; and (5) the allocation and administration of Federal lands highways funds, and the establishment of a coordinated Federal Lands Highways Program. Authorizes (subject to specified limitations): (1) States to use Federal highway funds to construct improved lanes, paths, or shoulders, traffic control devices, shelters, and parking facilities for bicycles and pedestrians, and carry out nonconstruction projects related to safe bicycle and pedestrian use; (2) the Secretary, where a highway bridge deck being replaced or rehabilitated with Federal financial participation is located on a highway on which bicycles or pedestrians are permitted to operate at each end of the bridge and the Secretary determines that the safe accommodation of bicycles or pedestrians can be provided at reasonable cost, to replace or rehabilitate such bridge, making such accommodations; (3) Federal lands highways funds to be used for the construction of pedestrian walkways and bicycle routes; and (4) a State to expend Urban and Rural Highway and Bridge Program funds for such construction. Provides for: (1) a functional reclassification of all public roads; (2) the transfer of funds for transit projects to, for administration by, the Urban Mass Transportation Administration; and (3) a recodification of Federal highway-related provisions. Requires that construction standards adopted for the National Highway and Bridge System be those approved by the Secretary in cooperation with the State highway departments and the American Association of State Highway and Transportation Officials (currently, with respect to construction standards for the Interstate System, cooperation with such Association is not required). Directs the Secretary to issue guidelines for minimizing soil erosion from highway construction. Bars the Secretary from approving projects that will result in the severance or destruction of an existing major route for nonmotorized transportation traffic and light motorcycles, unless the project provides a reasonable alternative route or an alternative route exists. Requires: (1) projects for resurfacing, restoring, or rehabilitating specified highways to be constructed in accordance with standards to preserve and extend highway service life and enhance highway safety; and (2) States to charge, at a minimum, fair market value for the sale, use, lease, or lease renewals of right-of-way airspace acquired as a result of a project funded in whole or in part with Federal assistance made available from the Highway Account of the HTF, with exceptions. Provides that: (1) Indian contractors certified by State transportation or highway departments shall receive preference in the award of contracts on Indian reservations to the maximum extent practicable; and (2) contracts for Urban and Rural Highway and Bridge Program projects may be entered into with the prior concurrence of the Secretary in the award. Authorizes: (1) the State transportation or highway department to include warranty or guarantee provisions in construction contracts which, if used, shall be for a specified construction product or feature and may not include routine maintenance; and (2) projects (currently, requires projects) approved to include the amount of any interest earned and payable on bonds issued by the State to the extent that the proceeds of the bonds have actually been expended in the construction of the project. Authorizes the Secretary, except for projects administered under the Urban and Rural Highway and Bridge Program, to make payments to a State for costs incurred on a project. (Current law authorizes payment to States for construction.) Specifies that total payments shall not exceed total costs incurred by the State for the project. Requires any State transportation or highway (currently, highway) department which submits plans for a National Highway and Bridge Program or Interstate System project (currently, Interstate System project) to make its certification and report, indicating that consideration was given to the economic, social, environmental, and other effects of the plan, highway location or design, and various alternatives which were raised during the hearing or which were otherwise considered (current law does not mention the latter requirement). Authorizes the Secretary to approve for Federal financial assistance from National Highway and Bridge Program funds: (1) projects designed to encourage the use of carpools, subject to specified limitations; and (2) the construction of exclusive or preferential high occupacy vehicle (HOV) lanes, highway traffic control devices, intercity and urban bus passenger loading areas and facilities, and fringe and transportation corridor parking to serve HOV, intercity bus, and public transportation passengers. Specifies that if fees are charged for the use of any carpool or other publicly owned parking facility constructed pursuant to Federal highway provisions, the revenue in excess of that required for maintenance and operation of the facility and the cost of providing shuttle service to and from the facility including compensation to any person for operating the facility and for providing shuttle service shall be used for purposes authorized under Federal highway provisions. Requires that National Highway and Bridge System funds be made available to finance the Federal share of projects for exclusive or preferential HOV, truck, and emergency vehicle routes or lanes. Permits such routes on the Interstate System to have less than four lanes of traffic. Prohibits the approval of HOV projects unless the Secretary has received assurances from the owner or operator of the facility that HOV vehicles will fully utilize the proposed project and that essential operations and enforcement support of the facility will be provided. Specifies that, in any case where sufficient land exists within the publicly acquired rights-of-way of the National Highway System to accommodate needed nonhighway public mass transit facilities and where the accommodation can be accomplished without impairing automotive safety or future highway improvements, the Secretary may authorize a State to make those lands and rights-of-way available without charge to a publicly owned mass transit authority for such purposes wherever the public interest will be served. Directs the Secretary to require assurance from any State desiring to avail itself of benefits under Federal highway provisions that employment in connection with proposed projects be provided without discrimination based on race, color, religion, national origin, age, disability, or sex (currently, specifies "without regard to race, color, creed, national origin, or sex"). Requires that not to exceed one fourth of one percent of the funds apportioned to a State be available for highway construction training. Prohibits discrimination on the basis of sex under programs or activities receiving Federal assistance. Repeals a requirement that each State certify that it is enforcing all speed limits on public highways and that the Secretary not approve projects in States failing to make such certification. Requires each State to establish a procedure to certify that highway bridge inspectors meet national qualifications. (Current law requires that standards established by the Secretary include a procedure for national certification of such inspectors.) Directs the Secretary to withhold ten percent of the amount to be appropriated to any State on the first day of each fiscal year in which the purchase or public possession in that State of any alcoholic beverage by a person who is less than 21 years of age is lawful (current law specifies five percent on the first day of the fiscal year succeeding the first fiscal year beginning after September 30, 1985, and ten percent after the second fiscal year beginning after such date). Specifies that funds withheld from apportionment shall be apportioned to the other States in compliance and remain available for the period of time applicable to the category of funds withheld (currently, treatment of such funds varies based on whether funds were withheld on or before September 30, 1988). Directs that construction estimated to cost $50,000 (currently, $15,000) or more per mile or per project for projects with a length of less than one mile on forest development roads and trails be advertised and let to contract, and allows projects with less than such cost, if no acceptable bid is received, to be done by the Secretary of Agriculture. Repeals provisions under the Territorial Highway Program: (1) that Federal financial assistance be granted on the basis of a Federal contribution of 100 percent of the cost of any project; and (2) under which the Governor must agree not to impose any toll, or permit any such toll to be charged, for use by vehicles or persons of any portion of the facilities constructed or operated to qualify for funding. Provides that, in addition to a specified percentage, sums provided (currently, two percent) for each fiscal year may be expended upon request of the Governor with the Secretary's approval under such Program. Requires (currently, authorizes the Secretary to make) expenditures with respect to the reconstruction of the Alaska-Canada international highway. Authorizes the Secretary to give priority of approval to, and expedite the construction of, projects that are recommended as important to the national defense. Modifies provisions regarding the National Highway Institute to: (1) require that private agencies and individuals pay the full cost of any education and training received by them; and (2) authorize the Institute to engage in all phases of contract authority for training purposes authorized under Federal highway provisions and to carry out its authority independently or in cooperation with any other branch of Government, authority, association, or person. Authorizes the Institute to establish and collect fees from any entity and place them in a special account.
United States · United States Congress · 6 June 1991
Smith-Wyden Rural Health Care Improvement Act of 1991 - Title I: Tax Provisions - Amends the Internal Revenue Code to allow a tax credit for family practice physicians, nurse practitioners, and certified physicians' assistants who serve in rural and medically underserved areas. Allows such individuals a tax deduction for education loan interest. Title II: Other Provisions - Amends the Public Health Service Act to authorize appropriations for FY 1992 for area health education centers. Deems physicians or other licensed health care practitioners employed in federally-funded migrant health centers, community health centers, and centers to provide health services to the homeless as Public Health Service employees for purposes of liability claims of medical malpractice. Requires such health entities to have implemented appropriate policies and procedures to assure against malpractice.
United States · United States Congress · 4 June 1991
Exotic Bird Conservation Act of 1991 - Prohibits the import into or export of birds out of the United States without permit. Directs the Secretary of the Interior to establish a joint permit system to expedite the application and approval process for such imports and exports. Requires importers and exporters to obtain licenses as well. Conditions such a license on compliance with certain facilities standards. Authorizes the Secretary, at any time during the five years following enactment of this Act, to prescribe annual limits to imports of any species of birds, on a gradually declining scale in order to reduce and ultimately end the import of such species by the fifth anniversary of the enactment of this Act. Sets forth statutory limits which shall become effective if the Secretary has not prescribed such annual limits within 180 days after enactment. Sets forth purposes for which import permits must be issued, including scientific research, zoological exhibition, and captive breeding. Prohibits domestic bird ranching operations or approval of foreign captive-breeding facilities unless they meet specified standards. Sets forth criteria for the importation of pet birds. Requires the Secretary to set up a system for registering persons who wish to acquire or transfer birds imported five years after enactment of this Act (other than ranched, captive-bred, or pet birds). Prohibits the transfer of any bird imported five years after enactment without registration. Establishes general requirements for registration. Prohibits the transfer of any bird imported five years after enactment unless it has been marked according to regulations. Requires the Secretary to publish in the Federal Register a list of those species of birds that need not be marked. Sets forth recordkeeping and reporting requirements for registrants. Directs the Secretary to establish: (1) a computerized information system for recording and analyzing information on imported birds; and (2) a voluntary National Avicultural Program to provide incentives for improved management and care of birds held for captive breeding. Prescribes a procedure for petitioning the Secretary to make findings or determinations or take other actions under this Act. Requires the Secretary to: (1) promulgate regulations addressing the special health and welfare needs of exotic birds in quarantine; and (2) cooperate fully in implementation of specified avian transport guidelines. Authorizes the Secretary to develop research programs on the injury, morbidity, and mortality of birds. Requires the Secretary to encourage development of safe and efficacious vaccines for major avian diseases. Sets forth civil and criminal penalties for imports and transfers in violation of this Act. Provides for compliance inspections, seizures or forfeitures of birds and equipment, and suspension of licenses or registration. Provides for citizen suits to enforce this Act. Authorizes the Secretary, acting through the Director of the U.S. Fish and Wildlife Service, to provide financial assistance for projects for research, conservation, management, or protection of exotic birds. Entitles any foreign government agency responsible for bird conservation, the Secretariat of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), and any organization or individual with bird conservation experience to submit project proposals. Sets forth criteria for project approval. Establishes in the Treasury an Exotic Bird Conservation Fund to provide for project assistance. Authorizes appropriations.
United States · United States Congress · 4 June 1991
Wild Bird Protection Act of 1991 - Makes it unlawful for any person to: (1) import, transfer, possess, or sell any exotic bird unless such person is properly licensed and such bird meets specified marking requirements; and (2) commit, attempt to commit, or solicit another to commit, a violation of such requirements. Authorizes the Secretary of the Interior (Secretary) to issue licenses permitting: (1) the importation of certain exotic birds; and (2) the transfer of wild exotic birds. Sets forth specified reporting and recordkeeping requirements. Directs the Secretary to issue regulations requiring the marking of exotic birds. Authorizes: (1) the sale of captive exotic birds only if they are properly marked; and (2) the marking of such birds if the owner can show that they have been legally acquired. Exempts common canaries, cockatiels, budgerigars, or other qualifying species from such marking requirements. Authorizes a person to petition the Secretary with respect to any finding, determination, or other action authorized by this Act. Sets forth both civil and criminal penalties. Sets forth provisions relating to: (1) inspections and seizures and dispositions of such birds; (2) suspension of licenses; and (3) imposition of fees.
United States · United States Congress · 4 June 1991
Older Americans Long-Term Care Insurance Act of 1991 - Amends the Internal Revenue Code to require that, for the purpose of determining the income tax liability of issuers of qualified long-term insurance, the contracts be treated as accident or health insurance. Applies this provision to policies covering at least 12 consecutive months of necessary diagnostic, preventive, therapeutic, rehabilitative, or personal care services that are provided in a setting other than an acute care unit of a hospital. Directs the Secretary of Health and Human Services to: (1) submit to the Congress before 1993 a study on long-term insurance policies; and (2) report annually to the Congress regarding the certification of qualified long-term care insurance. Treats qualified long-term care insurance as accident or health insurance and its benefits as benefits for personal injuries or sickness for purposes of determining appropriate tax exclusions for employer contributions or employee benefits. Permits qualified long-term care insurance to be offered in cafeteria plans. Excludes from gross income: (1) distributions or payments from individual retirement plans that are used during the year to pay the premiums for qualified long-term care coverage of individuals aged 59 1/2 or older; and (2) amounts received upon surrender, cancellation, or exchange of a life insurance contract and used during the year to pay the premiums for qualified long-term care insurance. Provides that payments under a life insurance contract to an individual who is terminally ill or permanently confined to a nursing home shall be treated as death benefits, making such payments eligible for exclusion from gross income. Requires any reference to a life insurance contract to be treated as including a reference to a qualified accelerated death benefit rider on such contract. Describes such a rider as one which provides for payments to a terminally ill individual or one who is permanently confined to a nursing home.
United States · United States Congress · 23 May 1991
AMERICA 2000 Excellence in Education Act - Title I: New American Schools - Authorizes financial assistance for creating New American Schools (NAS) in communities that have been designated AMERICA 2000 Communities (A2Cs). Provides that such NAS shall reflect the best thinking about teaching and learning, employ the highest-quality instructional materials and technologies, and be designed to meet the National Educational Goals as well as the particular needs of their students and communities. Directs the Secretary of Education (the Secretary) to reserve certain funds for a national program evaluation. Directs the Secretary to allocate the remaining funds among the States (and specified territories) in proportion to their respective numbers of members of Congress. Directs the Governor to nominate A2Cs to create NAS, for at least as many communities as there are members in the State's congressional delegation and at least one community in each congressional district of the State. Requires the Governor's nominations to be based on criteria established by the Secretary on the basis of expert panel advice, including: (1) the community's level of commitment and activity in the A2C initiative; (2) the community's schools' need for new and innovative educational programs; and (3) the quality of their application to the Governor. Sets forth conditions for the Secretary's approval, and for alternative nominations. Directs the Secretary to make NAS grants to selected agencies, organizations, and institutions on behalf of the selected communities. Limits any award to $1,000,000. Encourages grantees to adapt and implement one or more NAS designs developed by research and development teams funded by the NAS Development Corporation. Restricts use of such grant funds to certain special start-up costs associated with the creation and establishment of a NAS. Prohibits the use of such funds for construction or for the grantee's general administrative expenses. Requires each NAS to have obtained necessary State recognition or accreditation and to be fully operating by the start of the 1996-97 school year. Directs the Secretary, within 90 days, to convene an expert panel of educators, representatives of private business, and public representatives to advise on NAS program administration, including criteria for nomination of communities. Directs the Secretary to use reserved funds to conduct a national evaluation of NAS program impact on schools and communities and on education generally. Requires reports to the President and the Congress. Authorizes appropriations. Title II: Merit Schools - Authorizes appropriations for Merit School awards to reward public and private elementary and secondary schools and faculties that make documented progress in attaining the National Education Goals, particularly the goal of increasing students' mastery of the core academic subjects. Directs the Secretary to allocate specified funds among the States on the same basis as allocations for education of disadvantaged children under title I of the Elementary and Secondary Education Act of 1965 (the ESEA chapter 1 program). Requires Governors to submit State grant applications for a three-year period, which may be followed by an application for a two-year period. Makes specified provisions of the General Education Provisions Act (GEPA) inapplicable to this title. Specifies State use of funds for administrative costs (five percent) and Merit School awards (95 percent), with at least 20 percent of the latter earmarked for schools that demonstrate exceptional progress in improving students' performance in mathematics and science. Requires each Governor to: (1) establish a State review panel to assist in selection of Merit Schools; (2) submit annual program reports to the Secretary; and (3) apply specified national and State criteria in selecting schools. Requires each Merit School to use its award for activities to further its educational program, including staff bonus payments, college scholarships for secondary school students, special programs, equipment and materials, parental involvement, community outreach, and program replication. Prohibits State or local reduction of other assistance to the Merit School or its local educational agency. Title III: Teachers and School Leaders - Part A: Governor's Academies for Teachers - Directs the Secretary to make a one-time, five-year grant to each State to establish and operate Governor's Academies for Teachers and to recognize outstanding teachers. Requires a Governor to use the State's grant to make competitive awards to the State educational agency (SEA), local education agencies (LEAs), institutions of higher education, and other public and private organizations or consortia, to establish and operate such Academies. Allows such Academies to be operated in cooperation or consortium with those of other States. Requires each Academy to conduct a program of intensive instruction for current elementary and secondary school teachers, during the summer or the school year, focusing on the core academic disciplines of English, mathematics, science, history, and geography. Directs the Governor to allocate to each Academy funds for a program of cash awards and recognition to outstanding teachers in the core academic subject or subjects covered by the Academy program. Requires Academies to select such teachers from nominations received from various groups. Limits any such award to $5,000, but allows the recipient to choose how to use it. Authorizes appropriations. Part B: Governors' Academies for School Leaders - Directs the Secretary to make a one-time, five-year grant to each State to establish and operate a Governor's Academy for School Leaders. Requires the Governor to make competitive awards to the SEA, LEAs, institutions of higher education, and other public and private organizations or consortia, to establish and operate such an Academy. Allows such academies to be operated in cooperation or consortium with those of other States. Directs each Academy to carry out specified activities relating to school leadership training and development. Authorizes appropriations. Part C: Alternative Certification of Teachers and Principals - Authorizes appropriations to assist States to develop and implement alternative certification requirements to improve the supply of well-qualified elementary and secondary school teachers and principals. Makes certain GEPA provisions inapplicable to this part. Requires States to use such funds to support programs, projects, or activities that develop and implement new, or expand and improve existing, alternative teacher and principal certification requirements. Authorizes States to do so directly, through contracts, or through subgrants to LEAs, intermediate educational agencies, institutions of higher education, or consortia of such agencies. Title IV: Educational Reform and Flexibility - Part A: Educational Reform Through Flexibility and Accountability - Amends the General Education Provisions Act (GEPA) to establish a program for flexibility and accountability in education and related services. Directs the Secretary to assist projects for elementary and secondary schools and other service providers to improve achievement of all students and other participants, but particularly disadvantaged individuals, by authorizing waivers by which Governors, SEAs, LEAs, and other service providers can improve performance of schools and programs by increasing their flexibility in use of resources while holding them accountable for achieving educational gains. Authorizes the Secretary, in support of such projects, to waive, with specified exceptions, any statutory or regulatory requirement applicable to any program administered by the Department of Education that may impede a school or service provider from meeting the special needs of such students and other individuals. Authorizes other Federal agency heads, with the Secretary's agreement, to make similar waivers for their programs. Limits duration of projects and associated waivers to a maximum of three years; but authorizes the Secretary to extend a project and any associated waivers for an additional two years if it is making substantial progress in meeting its goals. Requires the Secretary to terminate a project and its associated waivers at any time if acceptable progress is not being made. Grants other Federal agency heads authority to determine extension or termination of their waivers. Grants the Secretary exclusive authority to extend or terminate a project. Requires each project that involves elementary or secondary schools to include participation of an SEA and at least one LEA and two schools. Requires, to the extent possible, project participation by each grade and academic program, including ESEA chapter 1 programs, in a participating school. Prohibits unreasonable concentration of available resources in participating schools, if fewer than all schools in an LEA participate. Requires each project that does not involve elementary or secondary schools to involve at least two programs, at least one of which is administered by the Secretary. Prohibits waiver of requirements: (1) in awarding new competitive grants to agencies participating in such projects; (2) relating to maintenance of effort, comparability, or equitable participation of private school students; and (3) under specified provisions of GEPA, the Civil Rights Act of 1964, the Rehabilitation Act of 1973, the Education Amendments of 1972, the Age Discrimination Act of 1975, and the Individuals with Disabilities Education Act. Sets forth requirements for reports and evaluations. Provides for the budget neutrality of such program. Part B: Amendments to Chapter 2 - Amends chapter 2 (Federal, State, and Local Partnership for Educational Improvement) of title I of the Elementary and Secondary Education Act of 1965 (ESEA chapter 2) to provide that part A funding for educational reform and improvement shall be divided equally between State and local programs (50 percent to each, while the current allocation formula requires at least 80 percent to go to local programs and not more than 20 percent to State programs). Reduces the portions of such State-level funds which: (1) may be used for State administration (from 25 to ten percent); and (2) must be used for the effective schools programs (from 20 to eight percent). Revises State application requirements to require approval by the Governor before submission to the Secretary. Includes educational choice programs among local targeted assistance programs of SEAs and LEAs. Includes, among authorized activities of such programs, any activities or expenses directly related to planning, implementing, operating, evaluating, and disseminating information about the LEA's educational choice program, including expenses of parents and children resulting from their program participation. Title V: Parental Choice of Schools - Part A: Findings - Sets forth congressional findings relating to parental choice in education. Part B: Parental Choice and Chapter 1 - Amends chapter 1 Financal Assistance to Meet Special Educational Needs of Children) of title I of the Elementary and Secondary Education Act of 1965 (ESEA chapter 1) to provide for chapter 1 services for children participating in educational choice programs. Requires the LEA to provide such services in the form of: (1) supplementary compensatory education services; or (2) if that is not feasible or efficient, payment to parents of a per-child share of the LEA's basic chapter 1 grant. Allows parents to use such funds only for: (1) purchase of supplementary compensatory education services that meet the child's special educational needs from any elementary or secondary school, or any other public or private agency, organization, or institution that the LEA designates; and/or (2) transportation costs related to the child's participation in the choice program. Excludes such payments from the gross income of parents for Federal income tax purposes. Allows an LEA to use chapter 1 funds for the additional transportation costs of children receiving chapter 1 services who are in an educational choice program. Requires that LEAs with educational choice programs to explain to parents of chapter 1 participating children: (1) the availability of compensatory education services under various available options; and (2) options available under the educational choice program and the chapter 1 program. Part C: Assistance for Parental Choice Programs - Directs the Secretary to make one-year grants to LEAs that carry out educational choice programs. Authorizes appropriations. Makes an LEA eligible for such a grant if it: (1) will carry out an educational choice program during the year for which assistance is sought; and (2) carried out such a program during the preceding year. Defines an educational choice program, as one adopted by a State or an LEA under which: (1) parents select the school, including private schools, in which their children will be enrolled; and (2) sufficient financial support is provided to enable a significant number or percentage of parents to enroll their children in a variety of schools and educational programs, including private schools. Requires LEAs to use grant funds only for student educational services and parental involvement activities in addition to those that would otherwise be provided from State or local funds. Prohibits use of grant funds for LEA general administrative expenses. Part D: Parental Choice Programs of National Significance - Directs the Secretary to make five-year grants to SEAs, LEAs, and other agencies, institutions, and organizations to conduct and demonstrate nationally significant model programs of educational choice. Authorizes appropriations. Directs the Secretary, in any fiscal year for which funds are available to make new awards, to announce the approaches to educational choice that will be considered in the competition for such funding. Requires grant recipients to use such funds only for activities directly related to planning, implementing, operating and evaluating, and disseminating information about, the educational choice demonstration program. Allows such funds to be used to meet expenses of parents and children resulting from their participation in such program. Title VI: National Assessment of Educational Progress - Amends the General Education Provisions Act (GEPA) to extend through FY 1996 the authorization of appropriations for the National Center for Educational Statistics and its programs, including the National Assessment of Educational Progress (NAEP). Requires the NAEP to collect representative data on a national and State basis for those States that choose to participate. Repeals a requirement for data collection on a regional basis. Requires the NAEP to collect and report data: (1) at least once every four years in the core academic areas of reading, writing, mathematics, science, history, and geography; and (2) annually on students at specified ages and in specified grade levels. (Current law varies such deadlines for the different academic subjects and sets a biennial deadline for the age and grade levels.) Removes a confidentiality restriction on NAEP information with respect to individual schools. Removes a prohibition against use of NAEP test items and data to rank, compare, or otherwise evaluate individual students, schools, or school districts. Requires States which choose to enter NAEP agreements to conduct such Assessment at the school level for all schools in the State sample and coordinate within the State, subject to a minimum State contribution of $100,000. Directs the Secretary to pay the State a certain amount for the costs of conducting such Assessment in excess of the minimum State contribution. Title VII: National Commission on Time, Study, Learning, and Teaching - Establishes a National Education Commission on Time, Study, Learning, and Teaching (the Commission). Requires the Commission to examine the quality and adequacy of the study and learning time of U.S. elementary and secondary students in an era when World Class Standards of achievement need to be met, including issues regarding: (1) the length of the school day and year; (2) the extent and role of homework; (3) how time is currently being used for academic subjects (especially the five core subjects of English, mathematics, science, history, and geography); (4) year-round professional opportunities for teachers; and (5) the use of school facilities for extended learning programs. Directs the Commission, within one year after it concludes its first meeting, to subject a final report to the Congress and the President. Requires such report, in addition to the primary issues, to analyze and make recommendations about: (1) use of incentives for students to increase educational achievement in available instructional time; (2) how children spend time outside school; and (3) if appropriate, a model plan for adopting a longer academic day and year for U.S. elementary and secondary schools by the end of this decade, including mechanisms to assist in such transition. Terminates the Commission 90 days after it submits its final report. Authorizes appropriations. Title VIII: Regional Literacy Resource Centers - Amends the Adult Education Act to direct the Secretary to make grants or contracts for operation of regional literacy resource centers in appropriate regions. Makes eligible for such grants or contracts SEAs, LEAs, State literacy offices, volunteer-organizations, community-based, organizations, institutions of higher education, or other nonprofit entities. Provides that the Federal share of activity costs shall decline over a five-year period from a maximum of 80 percent to 60 percent. Authorizes appropriations. Title IX: General Provisions - Sets forth definitions for this Act. Makes specified provisions of Federal law permitting consolidation of grants to the Insular Areas inapplicable to funds received by such an area under this Act.
United States · United States Congress · 22 May 1991
Independent Older Blind Individuals Amendments of 1991 - Amends the Rehabilitation Act of 1973 to revise the program for independent living services for older blind individuals. Provides, under such program, for formula grants to States regarding services for older blind individuals. Requires ten percent non-Federal contributions for program costs. Revises provisions relating to such services. Extends through FY 1995 the authorization of appropriations for such program.
United States · United States Congress · 20 May 1991
Farm Animal and Research Facilities Protection Act of 1991 - Amends title XIV of the Food Security Act of 1985 to add a new subtitle prohibiting (and establishing criminal penalties for) specified acts of destruction, theft, or damage to farm animal, research, and educational facilities. Directs the Secretary of Agriculture and the Attorney General to jointly conduct a study of the extent and effect of terrorism on animal research, production, and processing facilities. Grants jurisdiction for cases arising under these provisions to U.S. district courts. Establishes a private right of action.
United States · United States Congress · 20 May 1991
Pension Coverage and Portability Improvement Act of 1991 - Title I: Portable Pension Plans - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to set forth definitions and requirements relating to portable pension plans. Defines a portable pension plan as a pension plan consisting of one or more simplified employee pensions (SEPs), individual retirement accounts (IRAs), individual account plans, or tax-deferred annuities which meet requirements for: (1) the amount contributed by employers on behalf of employees under specified Internal Revenue Code (IRC) provisions; and (2) portability under ERISA as amended by this Act. Requires for portability that a plan provides for: (1) distribution of all or part of the accrual benefit in the form of a direct transfer from the plan to a portable pension plan, pursuant to a written election any individual who has an accrued benefit under the plan (or the beneficiary of the dead individual), and spousal consent; and (2) acceptance, with respect to any individual, of any transfer to the plan of a plan distribution which is not includable in gross income, any plan distribution to such a plan which is not includable in gross income, or any direct transfer to such plan from any other SEP plan, portable pension plan, or specified plans under IRC which include a tax-exempt trust. Requires any portable pension plan providing for individual accounts to permit participants or beneficiaries to exercise control over the assets in their accounts as required by specified ERISA provisions and as determined by regulations of the Secretary of Labor. Requires distributions of the accrued benefit under portable pension plans to be made only: (1) in one of certain permitted standard retirement forms (but allows election of other forms under specified conditions); and (2) with the consent of the participant or beneficiary, and upon their timely written application, and in accordance with the terms of the plan. Requires the administrator of a portable pension plan to, immediately before making a distribution, provide to the individual who is to be the recipient a written explanation of: (1) possible taxes or penalties under IRC; (2) the applicable permitted retirement income form's terms and conditions; (3) the participant's right to elect another form; and (4) the rights of the participant's spouse. Directs the Secretary of Labor, in consultation with the Secretary of the Treasury, to prescribe one or more prototype portable pension plans, within 12 months after enactment of this Act. Outlines the types of persons or entities that may be plan sponsors of portable pension plans. Requires all employers, within 24 months after enactment of this Act, to provide for maintenance of an individual account plan into which employees may make salary reduction contributions. Allows employers to satisfy such requirement by: (1) amending an existing pension plan maintained by the employer to comply with portable pension plan requirements for such salary reduction contributions; (2) adopting a minimum-benefit pension plan providing for voluntary salary reduction contributions; or (3) adopting a separate portable pension plan, as described under this Act. Amends the IRC to set forth maximum salary reduction amount tax-deductible contribution limits for minimum-benefit portable pension plans. Requires, in a defined benefit plan, that the present value of accrued benefits of a participant in a minimum-benefit pension plan shall be determined by using an assumed interest rate of three percent. (Provides special transition rules, for the first consecutive three full plan years following enactment of this Act, under which such rate is six percent for the first year, five percent for the second year, and four percent for the third year.) Amends IRC to increase to 25 percent (from ten percent) the early withdrawal penalty tax on preretirement distributions of employee pension plan contributions that are not rolled over into an IRA or other qualified plan. Title II: Minimum Benefit Pension System - Requires employers to provide for the maintenance of a minimum-benefit pension plan in which all of their employees may be participants after completing one year of service with the employer. Allows employers to provide for such plan maintenance only by: (1) maintaining the plan; (2) adopting a prototype portable pension plan; or (3) entering into an agreement with one or more other employers, employee organizations, or both, under which such plan is maintained. Requires minimum-benefit pension plans to be described under specified IRC provisions, include a tax-exempt trust, and, with respect to employer maintenance: (1) for an individual account plan, have an employer contribution for each participant's account of at least six percent of their compensation paid by the employer for the plan year; or (2) for a defined benefit plan, have each participant's accrued benefit derived from employer contributions equal the greater of the accrued benefit under the plan, the present value of accrued benefits, or the amount of the participant's accrued benefit if the employer had made contributions to an individual account. Requires that all plans qualifying under specified IRC provisions to be taken into account in determining whether an employer meets such maintenance requirements. Grants a participant a nonforfeitable right to 100 percent of the part of the accrued benefit derived from employer contributions. Sets forth transition rules for such minimum-benefit pension system. Makes the employer contribution requirements inapplicable for the first plan year for which the employer provides such maintenance. Requires, with respect to applying such employer contributions requirements for the following three plan years, that such a plan be maintained by: (1) all employers of over 500 employees, for the first plan year; (2) all employers of over 100 employees, for the second plan year; and (3) all employers, for the third plan year. Requires with respect to the first three plan years in which an employer is required to maintain and contribute to such plan that the minimum portion of the employee compensation that must be equaled by such contribution be three percent for the first year, four percent for the second year, and five percent for the third year. Prohibits the minimum benefit (as described under the requirement for the present value of accrued benefits) from being diminished or offset in any way by other employee benefit plans or specified benefits under the Social Security Act. Amends the IRC to impose a tax on employers for failure to make minimum-benefit plan contributions. Sets such tax at 110 percent of the amount by which the required contribution exceeds that actually contributed for the year. Makes such minimum benefit pension system under title II of this Act effective 60 months after enactment of this Act unless: (1) the Secretary of Labor certifies to the Congress that at least 75 percent of full-time employees of employers covered by ERISA are active participants in portable pension plans as defined under title I of this Act meet minimum-benefit pension plan requirements established in title II of this Act; (2) the Congress is persuaded by the Secretary's findings that the goals of universal pension coverage and improved pension portability in the private pension system have been substantially achieved; and (3) this title II is repealed by a simple majority vote of both Houses of the Congress. Directs the Secretaries of Labor and of the Treasury to issue regulations and procedures for enactment of this Act within 12 months after its enactment.
United States · United States Congress · 16 May 1991
Judicial Nomination and Confirmation Reform Act of 1991 - Amends the Federal judicial code to require the President to submit a nomination to the Senate to fill a vacancy in the office of a justice or judge within 180 calendar days after the vacancy occurs. Sets forth conditions and procedures for obtaining an extension of such time limitation. Requires the Senate Judiciary Committee, within 90 calendar days after receiving such a nomination, to review the nomination and report it to the Senate for advice and consent. Directs that: (1) a nomination not reported to the Senate within such time limit be discharged from the Committee, without recommendation, for a vote by the Senate on confirmation; and (2) the Senate vote on such confirmation no later than 30 calendar days after receiving it.
United States · United States Congress · 15 May 1991
Campus Sexual Assault Victims' Bill of Rights Act of 1991 - Amends the Higher Education Act of 1965 (HEA) to require each eligible institution participating in any program under HEA title IV (Student Assistance) to include a statement of policy regarding the rights of victims of sexual assault, that complies with specified requirements, in its disclosure of campus security policy and campus crime statistics. Requires each institution of higher education to establish and implement a written policy establishing a campus sexual assault victims' bill of rights which provides that specified rights shall be accorded to such victims by all campus officers, administrators, and employees of such institution.
United States · United States Congress · 14 May 1991
Provides that no State or local government shall be obligated to take any action required by Federal law enacted after the enactment of this Act unless all expenses of such government in taking such action are fully funded by the United States.
United States · United States Congress · 9 May 1991
Amends the Higher Education Act of 1965 to authorize additional appropriations for the Mary McLeod Bethune Memorial Fine Arts Center of Bethune-Cookman College in Volusia County, Florida.
United States · United States Congress · 7 May 1991
Federally Assisted Health Clinics Legal Protection Act of 1991 - Amends the Public Health Service Act to include entities receiving Federal funds under provisions relating to migrant health centers, community health centers, or health services for the homeless, and officers, employees, or contractors of such entities who are licensed health care practitioners, in the coverage of provisions regulating civil actions for injury resulting from medical or related functions against commissioned officers or employees of the Public Health Service. Subrogates to the United States any insurance claim such an entity or person has. Prohibits grants under provisions relating to migrant or community health centers or health services for the homeless unless the applicant has: (1) implemented policies and procedures to assure against malpractice; and (2) no history of claims against it under such provisions relating to officers and employees of the Public Health Service.
United States · United States Congress · 7 May 1991
Provides for the awarding of the Purple Heart to former prisoners of war held captive before April 25, 1962, on the same basis at it may be awarded former prisoners of war captured on or after such date.
United States · United States Congress · 2 May 1991
Federal Facilities Compliance Act of 1991 - Amends the Solid Waste Disposal Act to waive the sovereign immunity of the United States for purposes of enforcing Federal, State, interstate, and local requirements with respect to solid and hazardous waste management. Absolves Federal employees from personal liability for civil penalties under any Federal or State solid or hazardous waste law if the act or omission was within the scope of official duties. Makes such employees subject to criminal sanctions under such laws. Prohibits Federal agencies from being subject to such sanctions. Authorizes the Administrator of the Environmental Protection Agency to commence an administrative enforcement action against any Federal agency pursuant to the authorities of the Solid Waste Disposal Act. Requires fines collected by States from the Federal Government for violations of hazardous and solid waste management requirements to be used only for projects to improve or protect the environment or to defray the costs of environmental protection or enforcement.
United States · United States Congress · 2 May 1991
Directs the Secretary of Veterans Affairs to conduct a pilot program at not less than 30 Department of Veterans Affairs facilities to provide hospice care for terminally ill veterans who are currently being provided hospital, nursing home, or domiciliary care by the Department. Directs the Secretary to contract with non-Department facilities that are considered hospice programs for purposes of title XVIII (Medicare) of the Social Security Act. Outlines provisions concerning the duration of such hospice care for each individual, allowing such individual to terminate such care or, in some cases, to have such care extended. Provides for payments to hospice programs for the provision of such care. Requires the Secretary to notify terminally ill veterans of the availability of such pilot program. Requires the Secretary to report to the Congress on the quality of care furnished under the program as well as its cost-effectiveness.
United States · United States Congress · 1 May 1991
Expedited Consideration of Proposed Rescissions Act of 1991 - Amends the Congressional Budget and Impoundment Control Act of 1974 to require a special message, in the case of budget authority proposed to be rescinded or reserved, to include language amending the law authorizing such programs to allow them to continue to function at the proposed new level of budget authority. Allows the President to transmit to both Houses of the Congress, for expedited consideration, one or more special messages proposing to rescind all or part of any item of budget authority provided in an appropriation bill. Requires that such special message be transmitted not later than three days after the President approves the appropriation bill and be accompanied by a draft bill or joint resolution that would, if enacted, rescind the budget authority proposed to be rescinded. Sets forth House and Senate procedures for the expedited consideration of such a proposal.
United States · United States Congress · 30 April 1991
Amends the Magnuson Fishery Conservation and Management Act to direct the Secretary of Commerce to certify to the President each nation that is failing to comply with a specified United Nations General Assembly resolution on large-scale driftnet fishing.
United States · United States Congress · 30 April 1991
Expresses the sense of the Congress that Federal law governing the taxation of State and local government bonds should not be changed in order to increase Federal revenues.
United States · United States Congress · 25 April 1991
Amends the Financial Institutions Reform, Recovery, and Enforcement Act of 1991 to extend the phase-in period for State licensed appraisals. Prohibits the Appraisal Subcommittee from establishing a minimum experience requirement in excess of 500 hours as a licensing standard or qualification for State licensed appraisers.
United States · United States Congress · 24 April 1991
Amends the Federal Aviation Act of 1958 to require the Secretary of Transportation to issue regulations requiring the use of child safety restraint systems on commercial aircraft. Expresses the sense of the Congress that the United States representative to the International Civil Aviation Organization should seek an international standard to require that airline passengers be restrained on takeoff and landing and when directed by the captain of such aircraft.
United States · United States Congress · 24 April 1991
Manatee Protection Act of 1991 - Directs the Secretary of the department in which the Coast Guard is operating to: (1) study new methods and devices for protecting manatees from injuries caused by vessels; and (2) issue regulations requiring vessels to use such methods and devices.
United States · United States Congress · 24 April 1991
Public Pension Parity Act of 1991 - Amends the Internal Revenue Code to exclude from the gross income of an individual amounts received as a pension or annuity under a public retirement system to the extent they are not attributable to services covered under the social security system. Limits the tax exclusion based upon calculations relating to income tax treatment of social security benefits.
United States · United States Congress · 24 April 1991
Designates September 20, 1991, as National POW/MIA recognition Day. Requires the display of the National League of Families POW/MIA flag: (1) at all national cemeteries and the National Vietnam Veterans Memorial on May 30, 1991 (Memorial Day), September 20, 1991 (National POW/MIA Recognition Day), and November 11, 1991 (Veteran's Day); and (2) on, or on the grounds of, the White House, and the buildings containing the primary offices of the Secretaries of State, Defense, and Veterans Affairs, and the Director of the Selective Service Commission on September 20, 1991 (National POW/MIA Recognition Day).
United States · United States Congress · 23 April 1991
American Technology Preeminence Act of 1991 - Title I: Department of Commerce Research and Technology - Technology Administration Authorization Act of 1991 - Authorizes appropriations to the Secretary of Commerce, to carry out the activities of the Under Secretary for Technology and the Assistant Secretary for Technology Policy, for: (1) Office of Under Secretary; (2) Technology Policy; (3) Japanese Technical Literature; (4) Clearinghouse on State and Local Initiatives on Productivity, Technology, and Innovation; and (5) National Technical Information Service (NTIS). Requires operating costs for certain NTIS activities to be recovered primarily through fees. Mandates a report by the Secretary to the Congress responding to a specified Inspector General's Report and containing certain information and certifications. Amends the Omnibus Trade and Competitiveness Act of 1988 and the National Defense Authorization Act for Fiscal Years 1988 and 1989 to change references to the Under Secretary for Economic Affairs to references to the Under Secretary for Technology in provisions relating to: (1) membership on the Advisory Council on Federal Participation in Sematech; and (2) the conduct of a study on Federal participation in Sematech. Authorizes appropriations to the Secretary for the National Institute of Standards and Technology (NIST) for: (1) Electronics and Electrical Measurements; (2) Manufacturing Engineering; (3) Chemical Science and Technology; (4) Physics; (5) Materials Science and Engineering; (6) Building and Fire Research; (7) Computer Systems; (8) Applied Mathematics and Scientific Computing; (9) Technology Assistance; and (10) Research Support Activities. Earmarks certain amounts. Limits funds transfers among the line items. Declares that, subject to specified exceptions, this Act contains the complete authorizations of appropriations for NIST for a specified fiscal year. Authorizes the Secretary to pay the Federal share of a pilot program under existing provisions to assist a country or countries in the development of comprehensive industrial standards. Amends the National Institute of Standards and Technology Act (NIST Act) to remove provisions limiting the amount NIST may, without specific appropriations, spend for construction or improvement of buildings or facilities. Requires: (1) NIST fire research and building technology programs to be combined for administrative purposes only, and separate budget accounts to be maintained; and (2) a report to the Congress on the combination and matters related to the two programs. Directs the Secretary, through the NIST Director, and the Administrator of the Federal Aviation Administration to jointly prepare and, subject to appropriations, carry out a plan for research to develop the fire technology and materials for an all fire resistant aircraft cabin interior. Amends the NIST Act to authorize financial assistance to U.S. citizens for research and technical activities on Institute programs. Authorizes, where shortages exist, recruitment and employment at NIST of foreign nationals admitted to the United States for permanent residence who intend to become U.S. citizens. Authorizes appropriations to the Secretary to carry out the extramural industrial technology services programs of NIST under specified provisions, to be available for: (1) Regional Centers for the Transfer of Manufacturing Technology; (2) State Technology Extension Program; and (3) Advanced Technology Program. Requires competitive merit review of extramural programs. Amends the Omnibus Trade and Competitiveness Act of 1988 to remove provisions requiring cooperative agreements between NIST and State technology extension services to expire on September 30, 1991. Authorizes appropriations to carry out the National Advisory Committee on Semiconductor Research and Development Act of 1988. Authorizes appropriations to the Secretary to make any adjustments in salary, pay, retirement, and other employee benefits which may be provided for by law. Prohibits awarding a contract or subcontract with funds authorized under this title for an article or material produced or manufactured in a foreign country whose government unfairly maintains in government procurement a significant and persistent pattern or practice of discrimination against U.S. products or services which results in identifiable harms to U.S. businesses. Makes ineligible to receive a contract or subcontract from the Department of Commerce any person who fraudulently affixes a "Made in America" label to a product. Authorizes the Secretary, in certain circumstances, to award to a domestic firm a contract that, under competitive procedures, would be awarded to a foreign firm. Title II: Advanced Technology Program Amendments - Emerging Technologies and Advanced Technology Program Amendments Act of 1991 - Amends the NIST Act to authorize the Secretary, through the Director, to make grants and enter into contracts and cooperative agreements under the Advanced Technology Program, including as a method for participating in U.S. joint research and development ventures (joint ventures). Limits the amount of any such contract or award (currently, any such contract or cooperative agreement). Replaces provisions entitling the Federal Government to a share of the licensing fees and royalty payments to a business or joint venture with provisions requiring each agreement with a business or joint venture that receives an award to specify a test for determining whether the venture is a commercial success and, if so, provide for recoupment to the Federal Government. Sets forth eligibility requirements for company participation in the Program. Requires assistance under the Program to be designed to support high risk projects with potential for eventual substantial widespread commercial application. Requires title to any intellectual property arising from assistance under the Program to vest in a company or companies incorporated in the United States. Allows the United States to retain a license in connection with such property. Allows a limited percentage of the funds appropriated for the Program to be used for standards development and technical activities by NIST in support of the purposes of the Program. Authorizes the Secretary, in carrying out NIST extramural funding programs, to retain amounts to pay for NIST's management of the programs. Title III: Amendments to the Stevenson-Wydler Technology Innovation Act of 1980 - Amends the Stevenson-Wydler Technology Innovation Act of 1980 to remove fiscal year limitations from provisions requiring that each Federal agency transfer an amount to NIST for the Federal Laboratory Consortium for Technology Transfer. Repeals provisions mandating demonstration projects in technology transfer. Adds references to intellectual property to provisions defining "cooperative research and development agreement." Amends the definition of "Federal agency" to include any agency of the legislative branch. Authorizes the Secretary to use appropriated funds to cover the cost of the Malcolm Baldrige National Quality Award program to the extent such funds are needed in excess of the funds available under specified provisions. Adds to the duties of the Secretary, through the Under Secretary for Technology, that of serving as a focal point for discussions among U.S. companies on topics of interest to industry and labor. Title IV: National Commission on Reducing Capital Costs for Emerging Technology - Establishes the National Commission on Reducing Capital Costs for Emerging Technology to develop recommendations to increase the competitiveness of U.S. industry by encouraging investments in research, the development of new process and product technologies, and the production of those technologies. Authorizes appropriations. Title V: Studies and Reports - Requires the Director of the Office of Science and Technology Policy to establish the High-Resolution Information Systems Advisory Board to monitor and foster the development of U.S.-based high-resolution information systems industries (defined as the equipment and techniques to create, store, recover, and play back high-resolution images and accompanying sound). Authorizes appropriations. Amends the National Science and Technology Policy, Organization, and Priorities Act of 1976 to mandate an annual report to the Congress on each major science and technology project in which more than one country is participating and which has a total estimated cost over one billion dollars. Modifies the required contents of the biennial national critical technologies report to the President. Allows a product or process to be considered a national critical technology if it is essential for U.S. long-term national security or economic prosperity (currently, national security and economic prosperity). Directs the Secretary to report to the Congress, with annual updates, regarding: (1) civilian industries necessary for a robust manufacturing infrastructure and critical to economic security; (2) major research and development being undertaken, and substantial investments being made, by the Federal Government in each of the critical industries; and (3) a ten-year plan of major public and private efforts needed to ensure growth and stability of each critical industry. Establishes the Commission on Technology and Procurement to analyze the effect of Federal Government procurement laws, procedures, and policies on the development of advanced technologies in the United States and to make recommendations on changing Federal policy to promote the development of advanced technologies. Authorizes appropriations. Directs the Secretary to report to specified congressional committees on the feasibility of establishing and operating a Federal Online Information Product Catalog (FEDLINE) at the National Technical Information Service (NTIS) to serve as a comprehensive inventory of information products and services disseminated by the Federal Government and assist agencies and the public in locating Federal Government information. Authorizes the NTIS Director to retain and use all monies received to fund obligations and expenses through the end of a specified fiscal year. Amends the National Technical Information Act of 1988 to add producing and disseminating information products in electronic format to the duties of the NTIS. Establishes the National Quality Council to take certain actions regarding quality performance in business, education, government, and all other sectors. Establishes in the Treasury the National Quality Performance Trust Fund to receive all funds received by the Council. Makes amounts in the Fund available to the Council without further appropriation. Prohibits the Council from accepting private donations from a single source in excess of a specified amount per year. Requires approval of two-thirds of the Council to accept donations from a single source over a certain amount per year. Amends the National Science and Technology Policy, Organization, and Priorities Act of 1976 to replace provisions establishing and setting forth the membership and functions of the Federal Coordinating Council for Science, Engineering, and Technology with provisions relating to the membership and functions of the Council and assistance to the Council by other Federal agencies. Directs the Secretary to contract with the National Research Council for a thorough review of international product testing and certification issues. Mandates a report to the Secretary, the President, and the Congress. Requires the Director of the Office of Science and Technology Policy to report to the Congress: (1) proposing a strategy for improving the university research capabilities of States which historically have received relatively little Federal research and development funding; and (2) on the feasibility and advisability of using the National Science Foundation's Experimental Program to Stimulate Competitive Research as a model for similar programs in other Federal departments and agencies which fund research and development. Directs the Secretary to report to specified congressional committees regarding a plan for coordination of Commerce Department efforts with other Federal agencies concerning high-resolution information systems. Title VI: Lead Exposure Hazards - Requires NIST to recommend to the Administrator of the Environmental Protection Agency (EPA) technical criteria and implement a voluntary accreditation program with respect to laboratory analysis of lead in paint, films, soil, and dust. Requires that funds for implementing the program be provided to NIST by the EPA Administrator. Allows funds received through charges for accreditation services to be used by NIST for operating costs. Requires NIST, subject to the availability of funds, to recommend to the EPA Administrator protocols, criteria, reference materials, and minimum performance standards to be used in the evaluation of emerging products and techniques for detecting lead in paint films and dust and to ensure reliable, accurate, and effective lead detection technologies. Requires NIST, subject to the availability of funds, to recommend to the EPA Administrator performance criteria and standards for lead paint encapsulants and for strippers.
United States · United States Congress · 23 April 1991
National Aeronautics and Space Administration Multiyear Authorization Act of 1991 - Authorizes appropriations to the National Aeronautics and Space Administration (NASA) for: (1) research and development; (2) space flight, control, and data communications; (3) construction of facilities; (4) research and program management, including scientific consultations; and (5) the Inspector General. Permits appropriations for the first two numbered categories to be used for certain items of a capital nature (other than land acquisition) required for the performance of research and development contracts and for grants to nonprofit educational and research organizations to augment their research facilities. Prohibits the use of these funds for the construction of any major facility whose estimated cost exceeds a specified amount, unless the Administrator of NASA notifies specified congressional leadership and committees. Authorizes fund use, subject to limitations, for facilities construction, repair, or modification and for unforeseen programmatic facility project needs. Permits upward variances of funds for facilities construction under circumstances outlined in this Act. Authorizes certain fund transfers and makes available specified funds for the construction and modification of laboratories and other installations. Requires the Administrator to notify specified congressional leadership and committees of the nature, cost, and need for such construction before expending the funds in question. Prohibits, until 30 days following congressional receipt of the Administrator's full explanation, the use of funds appropriated pursuant to this Act for any program that: (1) has been eliminated by the Congress; (2) is in excess of the amount actually authorized for the particular program (except for construction of facilities); or (3) has not been presented to either of the relevant congressional committees. Requires NASA to keep the committees fully and currently informed regarding all activities and responsibilities within the jurisdiction of those committees. Requires any Federal entity to furnish any information requested relating to such activity or responsibility. Authorizes the Administrator to use a limited percentage of funds provided for the Small Business Innovation Research Program under specified provisions of the Small Business Innovation Development Act of 1982 for program management and promotional activities. Creates the Office of Facilities Maintenance and gives it complete authority to plan and direct facilities maintenance management for all NASA sites. Amends the Commercial Space Launch Act to authorize appropriations to carry out the Act. Authorizes appropriations to carry out the activities of the National Space Council. Limits the amount the Council may use for official reception and representation expenses. Requires the Council to reimburse other agencies for at least one-half of the personnel compensation costs of individuals detailed to it. Declares that it is the sense of the Congress that the Council should establish policy recommendations for carrying out the President's commitment to maintaining the continuity of Landsat data. Authorizes appropriations to the Secretary of Commerce for the Office of Space Commerce. Amends the National Aeronautics and Space Administration Authorization Act of 1988 to modify requirements regarding space station budget estimates. Requires the Administrator to submit to the Congress, along with NASA's FY 1993 budget request, a study: (1) assessing the usefulness of granting NASA multiyear contracting authority similar to that granted the armed forces under existing law; and (2) recommending at least five programs to be considered by the Congress for multiyear contracting.
United States · United States Congress · 23 April 1991
Nuclear Decommissioning Reserve Fund Act of 1991 - Amends the Internal Revenue Code to: (1) decrease the rate of the tax imposed on the income of any Nuclear Decommissioning Reserve Fund; and (2) remove restrictions on permitted investments of Fund monies.
United States · United States Congress · 23 April 1991
Designates May 22, 1991, as National Desert Storm Reservists Day to commemorate the accomplishments of the men and women of the reserve components of the U.S. Armed Forces who proudly served the United States during Operation Desert Storm.
United States · United States Congress · 17 April 1991
Amends part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act to repeal provisions enacted under the Omnibus Budget Reconciliation Act of 1990 which reduced Medicare reimbursement for new physicians and other new health care practitioners.
United States · United States Congress · 16 April 1991
National Traffic Fatality and Injury Reduction Act of 1991 - Authorizes the Secretary of Transportation to make grants for traffic safety programs to States which require any person riding a motorcycle to wear a helmet and any driver or front seat passenger of a passenger car to have seat belts properly fastened. Authorizes appropriations. Requires States receiving grants to agree to maintain at least their average levels of expenditures for traffic safety programs over the preceding two fiscal years. Prohibits a State from receiving such a grant in more than three fiscal years. Specifies the Federal share of grants and the aggregate amount of such grants to each State. Sets forth requirements with respect to: (1) States' eligibility for grants; and (2) measurement of compliance with State safety laws. Eliminates a provision prohibiting a highway safety program approved by the Secretary from requiring that motorcycle operators or passengers 18 years or older wear a safety helmet. Requires any State where it is lawful to operate or ride a motorcycle without wearing a motorcycle helmet or to occupy a front seating position in a passenger car without using a safety belt or child restraint system to expend a specified percentage of its apportioned Federal aid highway funds for highway safety programs.
United States · United States Congress · 16 April 1991
Amends the Solid Waste Disposal Act to extend the medical waste tracking demonstration program until June 30, 1993. Extends the authorization of appropriations for such program through FY 1993.
United States · United States Congress · 16 April 1991
Amends rule XLVIII of the Rules of the House of Representatives to reduce the size of the Permanent Select Committee on Intelligence from: (1) a maximum of 19 to 16 members beginning on January 21, 1993; (2) a maximum of 16 to 15 members beginning on November 18, 1993; and (3) a maximum of 15 to 13 members beginning with the 104th Congress.
United States · United States Congress · 15 April 1991
Amends the Internal Revenue Code and title II of the Social Security Act (Old-Age, Survivors and Disability Insurance) with respect to the social security exemption for election officials and election workers employed by State and local governments to increase the allowed remuneration paid to such workers.
United States · United States Congress · 11 April 1991
Fair Credit Reporting Amendments of 1991 - Amends the Fair Credit Reporting Act to require consumer reporting agencies to disclose promptly to a consumer any adverse information the agency receives. Directs the Board of Governors of the Federal Reserve System to prescribe regulations defining "adverse information."
United States · United States Congress · 11 April 1991
Davis-Bacon Repeal Act of 1991 - Repeals the Davis-Bacon Act (an Act which requires that the locally prevailing wage rate be paid to various classes of laborers and mechanics working under federally-financed or federally-assisted contracts for construction, alteration, and repair of public buildings or public works).
United States · United States Congress · 11 April 1991
Amends title XVIII (Medicare) of the Social Security Act to cover colon cancer preventive screening examinations and an annual physical examination performed by a physician or nurse practitioner if a demonstration project to be conducted by the Secretary of Health and Human Services proves such examinations to be cost-effective or of moderate cost but measurably health-enhancing.
United States · United States Congress · 11 April 1991
Missing Service Personnel Act of 1991 - Requires the responsible armed forces commander, after receiving notice that a person under his command is missing, to conduct an informal investigation to determine such person's whereabouts and, if appropriate, to place such person in a missing status. Requires the commander, if a person has been placed in such status, to notify the officer holding general court-martial authority over such person (or, in the case of a missing civilian, the Secretary concerned), who shall convene a board of initial inquiry within 45 days. Requires such board to: (1) investigate evidence relating to the disappearance of such person; (2) recommend whether to continue such person in a missing status or make a finding that such person has deserted, is absent without leave, or is dead; and (3) report its recommendations and findings. Provides for the convening of a board of further inquiry, if a board of initial inquiry recommends that such person be continued in a missing status, within one year of such recommendation. Requires such board to analyze any information which has become available since the board of initial inquiry issued its report, to determine whether such person should be continued in a missing status or declared dead, and to report its findings. Directs the Secretary concerned, upon the written request of a member of the immediate family of a missing person who, before the date of the enactment of this Act, was determined by the Secretary to be dead, to: (1) convene a board of further inquiry to determine whether such finding of death should be upheld or such person should be placed in a missing status; and (2) report its findings. Requires the Secretary, within three years after a board of further inquiry recommends a missing status for any person, to reconvene such board to review such status. Specifies the composition of such boards. Directs the Secretary to invite each member of the immediate family of the missing person to the meetings of a board of initial inquiry unless attendance would place such member in danger. Requires the Secretary to: (1) invite family members of missing persons to meetings of boards of further inquiry; (2) schedule such meetings at convenient locations and times; (3) provide such family members with reasonable notice of such meetings; and (4) open such meetings to the general public. Authorizes each board to hold meetings, take testimony, receive evidence, and secure directly from any U.S. department or agency any information necessary to carry out its duties. Provides for the appointment of counsel by the officer or Secretary concerned to represent the missing person. Requires that, if a board determines that a missing person is dead, it shall include in its report a detailed description of the location and date of death, whether the body has been recovered, and whether a licensed practitioner of forensic medicine determined that the body recovered is that of the missing person. Prohibits any such board from declaring a missing person dead unless: (1) evidence other than the passage of a period of less than 50 years suggests that such person is dead; (2) no evidence which reasonably suggests that such person is alive is in the possession of the Government; (3) representatives of the Government have made a complete search of the area where such person was last seen (unless the United States is not granted access to such area); and (4) Government representatives have checked the records of the government or entity having control over the area where such person was last seen (unless the Government is not granted access to such records). Provides for judicial review of determinations of death upon the filing of a written petition by any member of the missing person's immediate family. Directs the Secretary concerned to make certain that such person's personnel file contains all information in the possession of Federal departments and agencies pertaining to the disappearance or whereabouts of such person. Requires the Secretary to make certain that, if classified information is withheld, such file contains: (1) a notice that the information exists; and (2) a notice of the date of the most recent review of the classification status of the information. Sets forth penalties for knowingly withholding information pertaining to the disappearance or whereabouts of a missing person from that person's personnel file. Requires the Secretary concerned to make the contents of such file available to a member of the immediate family of such person upon written request.
![Official portrait of Rep. Lewis, Thomas F. [R-FL-12]](https://www.congress.gov/img/member/l000295_200.jpg)