United States · United States Congress · 7 March 1991
Calls on the President to instruct the Department of State to strongly request of Kuwait that contracts for the rebuilding of Kuwait be structured and compensated for in a manner that will encourage the maximum feasible usage of American workers, firms, and products. Encourages American firms to employ American workers at every level of the Kuwait reconstruction projects.
United States · United States Congress · 6 March 1991
Telephone Consumer Privacy Rights Act - Amends the Communications Act of 1934 to require the Federal Communications Commission (FCC) to prescribe regulations: (1) requiring any caller identification service offered by or through a common carrier to allow the caller to withhold the display of the caller's telephone number to the individual receiving the call; (2) prohibiting any charges from being imposed for such service; and (3) requiring every common carrier to notify subscribers that their calls may be identified to a called party (not later than 30 days before offering a call identification service or, if the private or common carrier is already offering such service, within 60 days). Exempts from such requirements any caller identification service which is: (1) used solely in connection with calls within the same limited system as the recipient telephone; (2) used on a public agency's emergency telephone line or on the line which receives the primary emergency telephone number (911); and (3) provided in connection with legally authorized call tracing or trapping procedures specifically requested by a law enforcement agency. Authorizes the waiver of such requirements where compliance is not technologically feasible. Requires any common carrier or affiliate providing automatic number identification (ANI) services to any person to provide such services under a contract or tariff containing customer information requirements that: (1) permit such person to use the telephone number and billing information provided for billing and collection, completion of the customer's call or transaction, or for services directly related to the customer's call or transaction; (2) prohibit such person from reusing or selling the telephone number or billing information provided without the customer's consent; and (3) prohibit such person from disclosing, without the customer's consent, any information derived from such service or from the analysis of the characteristics of a telecommunications transmission (such as calling patterns and locations, transmission speeds, and transaction profiles) for any purpose other than performing the services or transactions that are the subject of the customer's call, ensuring network performance, security, and the effectiveness of call delivery, compiling, using, and disclosing aggregate information, and complying with applicable law or legal process. Makes an exception to allow such person to offer to any current customer a product or service that is directly related to the products or services previously acquired by that customer. Requires each common carrier to: (1) receive and transmit to the FCC customer complaints concerning violations of customer information requirements imposed under this Act; and (2) submit to the FCC periodic reports on actions taken to obtain compliance with such requirements. Authorizes the FCC to direct the termination of ANI services to any person who has violated such customer information requirements.
United States · United States Congress · 6 March 1991
Universal Health Care Act of 1991 - Amends the Social Security Act to add a new title XXI (National Health Insurance) to establish a national, single-payer health insurance program under which every U.S. citizen would be eligible for enrollment. Allows individuals to choose their own health care providers from among those providers participating in the program. Provides for comprehensive health care under the program with the following benefits provided without any payment of coinsurance or deductibles: (1) inpatient hospital services; (2) nursing facility services; (3) home health services; (4) hospice care; (5) medical care; (6) prescription drugs and biologicals; (7) preventive health services; (8) home and community-based services; (9) mental health care; and (10) such other medical or health care items or services as the Secretary of Health and Human Services determines to be appropriate. Incorporates into the National Health Care program various practice guidelines and trust fund administrative provisions under the Medicare program (title XVIII of the Social Security Act) as well as Medicare-related provisions in titles XI and II (Old Age, Survivors and Disability Insurance) (OASDI) of the Act, including those provisions relating to outcomes of research and peer review under title XI and administration of OASDI and Medicare trust funds under title II. Outlines provisions regarding payments to providers. Provides monthly payments to hospitals and nursing homes on the basis of prospective global budgets established annually after review by the State advisory board and approval by the designated government agency. Provides payment to physicians and other health care professionals according to fee schedules established by the Secretary and adjusted by geographic region. Provides payment for health care (including hospice care) furnished outside of a hospital or nursing home on the basis of either global budgets or fee schedules, or instead on the basis of another prospective payment method (including capitation) which has been approved and reviewed as appropriate. Restricts payments to Federal health care services providers. Requires health care providers to accept payments under the program for items and services as payment in full. Changes the functions of the Prospective Payment Assessment Commission and the Physician Payment Review Commission (renamed the Professional Payment Review Commission) to require such bodies to instead furnish advice to the Secretary, concerning the global budgets of hospitals and nursing homes and fee schedules of physicians and other health care professionals. Creates the Long-Term Care Payment Review Commission and the General Health Care Payment Review Commission to furnish advice to the Secretary concerning the payment mechanism for health care (including hospice care) furnished outside of hospitals or nursing homes and fee schedules for services which have not been described above. Requires all such bodies to report annually to the Congress and the Secretary on the modification of various payment systems described above to meet its objectives. Sets forth administrative provisions. Requires administration of the program at the national level by the Secretary. Allows States to administer the program at the State level. Requires the Secretary to establish a national health budget and State health budgets specifying the amount to be spent per calendar year for health care and how revenues from the National Health Trust Fund will be used under the program. Indexes the national budget each year according to corresponding increases in the gross national product. Establishes expenditure targets to control the growth of health care costs. Requires the national budget to set aside separate amounts for capital expenses and direct medical education and to specify the manner of division among the States. Creates advisory boards representing both consumers and health care providers to advise on the implementation of the program at the national and State levels. Authorizes the Secretary or State to enter into contracts with qualified entities to process claims. Allows only one contract per State. Requires the Secretary to establish applicable reporting systems for the program. Establishes the National Health Trust Fund to finance this Act's initiatives with revenues from: (1) specified tax increases outlined below; (2) hospital insurance taxes imposed on additional State and local government employees and additional changes made to the Internal Revenue Code over time to fund the program; (3) long-term care/health care premiums imposed on elderly individuals who do not have low incomes; (4) State payments determined according to a specified formula tied to corresponding increases in the gross national product; and (5) amounts remaining in the trust funds supporting the Medicare program after the settlement of claims for payment under Medicare has been completed and amounts applicable to Medicare and OASDI trust fund provisions incorporated into the National Health Care program resulting from gifts and bequests, investments, and overpayments. Amends the Internal Revenue Code to: (1) increase personal and corporate income taxes, employer hospital insurance taxes, and the amount of social security benefits subject to income taxation; (2) repeal the limitation on the amount of wages subject to employee and employer hospital insurance taxes; and (3) expand the category of employees subject to hospital insurance taxes as described above. Terminates the Medicare and Medicaid (title XIX of the Social Security Act) programs, Federal Employees Health Benefits Program, Civilian Health and Medical Program of the Uniformed Services, and the Department of Veterans Affairs health benefits and medical care program.
United States · United States Congress · 6 March 1991
Social Security Disability Benefits for the Blind Act of 1991 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to make blind persons eligible for disability benefits regardless of their ability to engage in substantial gainful activity.
United States · United States Congress · 6 March 1991
Disapproves the President's request for the extension of fast track procedures under the Omnibus Trade and Competitiveness Act of 1988 with respect to the implementation of trade agreements entered into after May 31, 1991, because sufficient progress has not been made in trade negotiations.
United States · United States Congress · 6 March 1991
Requests the Occupational Safety and Health Administration to publish, within one year, proposed amended regulations that specify the components of an adequate operator training program and certification system for operators of powered industrial trucks.
United States · United States Congress · 5 March 1991
United States One Dollar Coin Act of 1991 - Amends Federal currency law to prescribe the color and content of one-dollar coins. Mandates that the obverse side of the one dollar coin have a design recognizing America's veterans. Directs the Secretary of the Treasury to cease regular production of one-dollar Federal Reserve notes by a specified date (except for such quantities as are required to meet collectors' needs). Mandates that the seigniorage of the new one-dollar coins be used to offset the reverse seigniorage resulting from the destruction of Susan B. Anthony dollar coins in Government storage.
United States · United States Congress · 28 February 1991
Privacy for Consumers and Workers Act - Requires employers who engage in electronic monitoring to provide each affected employee with prior written notice describing specified aspects of the electronic monitoring directly affecting the employee. Requires employers to notify prospective employees at personal interviews or meetings of existing forms of electronic monitoring which may directly affect them and, upon request, provide them with the written notice provided to employees. Requires employers to provide affected employees with some form of visual or aural notice that indicates that electronic monitoring is taking place, at periodic intervals unless the monitoring is continuous during each of the employee's shifts. Requires employers to provide affected customers with some form of visual or aural notice, at periodic intervals, indicating that telephone service observation is taking place. Requires employers to permit employees or their authorized agents to have access to all personal data obtained by electronic monitoring of their work. Prohibits employers from collecting personal data on an employee which is not relevant to the employee's work performance. Prohibits employers from disclosing personal data obtained by electronic monitoring to any person or business except to the individual employee to whom that data pertains or without the employee's prior written consent, unless disclosure would be: (1) to the employer's officers and employees who need it to perform their duties; (2) to a law enforcement agency for a criminal investigation or prosecution; or (3) pursuant to a proper court order. Prohibits employers from using personal data obtained by electronic monitoring as the exclusive basis for individual employee performance evaluation or disciplinary action, unless the employee is given an opportunity to review the data within a reasonable time after it is obtained. Prohibits employers from using personal data or collective data obtained by electronic monitoring as the sole basis for setting production quotas or work performance expectations. Prohibits employers from maintaining, collecting, using, or disseminating personal data obtained by electronic monitoring which describes how an employee exercises First Amendment rights, unless such use is: (1) expressly authorized by statute or by the employee; or (2) pertinent to and within the scope of an authorized law enforcement activity. Sets forth the following enforcement provisions: (1) civil penalties; (2) injunctive actions by the Secretary of Labor; and (3) private civil actions. Prohibits waiver of rights and procedures provided by this Act, unless such waiver is part of a written settlement by the parties to a pending action or complaint. Directs the Secretary of Labor to issue rules and regulations to carry out this Act within six months. Makes this Act inapplicable to otherwise permissible electronic monitoring by law enforcement agencies in criminal investigations.
United States · United States Congress · 28 February 1991
Mickey Leland Childhood Hunger Relief Act - Title I: Ensuring Adequate Food Assistance - Amends the Food Stamp Act of 1977 to remove the excess shelter deduction cap for purposes of food stamp program (program) eligibility. (Sets forth transitional caps through FY 1995.) Requires the Secretary of Agriculture to adjust the basic benefit level upwards by specified increments at the beginning of each fiscal year until it reaches 105 percent of the cost of the thrifty food plan. Eliminates food stamp reductions for households reapplying for program reinstatement within 30 days. Excludes third party payments for transitional housing for the homeless from consideration as program income. Increases funding for the nutrition assistance program in Puerto Rico. Excludes general assistance vendor payments from consideration as program income. Title II: Promoting Self-Sufficiency - Excludes from consideration as program income: (1) the first $50 a month received as child support; and (2) child support payments to non-household members. Increases annually the fair market value limit of vehicles that program recipients may own. Excludes from financial resources the value of a vehicle a household depends upon to carry heating fuel or water for home use where it has no other access to fuel or water. Increases dependent care deductions and participant and State agency reimbursements in connection with employment and training activities. Title III: Simplifying the Provision of Food Assistance - Permits related adults living in the same household to apply for separate program benefits under specified conditions. Permits a participating family made up of, or including, an elderly or disabled member to own $3,000 in allowable financial resources. (Current law refers to a family member 60 years of age or older.) Makes program authorization of appropriations permanent. Title IV: Implementation and Effective Dates - Sets forth the effective dates for provisions of this Act.
United States · United States Congress · 28 February 1991
Amends the Internal Revenue Code to extend the tax exemption for qualified small issue industrial bonds (bonds issued to finance manufacturing facilities and farm property) through 1996.
United States · United States Congress · 28 February 1991
Denies entry to Federal lands to persons found guilty of spiking trees on such lands. Amends the Federal criminal code to increase fines and terms of imprisonment for tree spiking. Sets forth criminal penalties for placing hazardous or injurious devices on non-Federal lands to obstruct or harass timber harvesting. Specifies that provisions concerning tree spiking or other hazardous or injurious devices to obstruct timber harvesting do not affect the extraction of renewable materials from trees or any tree stand, platform, or man-made support intended for recreational or hunting purposes. Directs the Attorney General to pay rewards of up to $5,000 for information leading to a conviction with respect to a violation under this Act.
United States · United States Congress · 28 February 1991
Medicare Skilled Nursing Facility and Home Health Benefit Act of 1991 - Amends title XVIII (Medicare) of the Social Security Act to: (1) eliminate the requirement that extended care services be provided within a certain period following hospitalization in order to be covered under the Hospital Insurance Program; and (2) cover nursing care and home health aide services provided or needed on an intermittent basis.
United States · United States Congress · 28 February 1991
Children's and Communities' Mental Health Systems Improvement Act of 1991 - Amends the Public Health Service Act to replace a subpart relating to State comprehensive mental health services plans with a subpart relating to comprehensive mental health services for children with serious emotional disturbance. Directs the Secretary of Health and Human Services, through the Director of the National Institute of Mental Health, to make grants to States for comprehensive community mental health services to children with serious emotional disturbance. Prohibits the Secretary from making a grant to a State unless the State is receiving payments under alcohol and drug abuse and mental health services block grant provisions. Requires non-Federal contributions in a specified ratio. Requires State grantees to: (1) establish and operate one or more systems, through grants or contracts, to provide specified types of mental health services to children under 22 years of age; (2) enter into a memorandum of understanding with providers of medical, educational, vocational counseling and vocational rehabilitation, and protection and advocacy services to facilitate the provision of such services without use of grant funds or non-Federal contributions made with respect to the grant; (3) provide case management services; (4) provide services in the language and cultural context that is most appropriate for the child involved; and (5) develop and implement an individualized plan of services for each child admitted to the system. Describes additional services for which a State system may provide. Prohibits the Secretary from making a grant to a State unless the State has a plan, approved by the Secretary, for the development of a State-wide system of care for community-based services for children with serious emotional disturbance. Requires that parents of children with serious emotional disturbances be included as members of the mental health planning council established under existing provisions. Requires that, if a charge is imposed for services under a grant, the charge be made according to a public schedule, adjusted to reflect the income of the family of the child, and not imposed on any child whose family has income and resources at or below the poverty line. Limits grants to States to five years. Allows a State system established under a grant to receive grant funds for three years. Directs the Secretary to provide to a State, on request: (1) technical assistance regarding grant applications; and (2) training and technical assistance on the planning, development, and operation of the systems under this Act. Authorizes the Secretary to provide the technical assistance directly or through grants or contracts. Authorizes appropriations, earmarking a specified sum for the technical assistance and training. Limits the number of grants to ten in FY 1992.
United States · United States Congress · 27 February 1991
Directs the Secretary of the Interior to transmit to the Congress a National Historic Landmark Theme Study on American Labor History which identifies key sites in American labor history for nomination as National Historic Landmarks. Requires the Secretary to prepare a list discussing the feasibility of including such sites in the National Park System. Authorizes appropriations.
United States · United States Congress · 27 February 1991
Global Education Opportunities Act of 1991 - Title I: Foreign Language Instruction - Authorizes the Secretary of Education (the Secretary) to make demonstration grants to eligible consortia to: (1) operate critical languages and area studies programs; (2) develop and acquire educational equipment and materials; and (3) develop teacher training programs, texts, curriculum, and other activities to improve and expand foreign language instruction at elementary and secondary schools. (Defines critical language as one designated on the Secretary's list under the Education for Economic Security Act.) Requires each grant recipient to include a study abroad or cultural exchange program among the assisted activities. Authorizes appropriations. Authorizes the Secretary to make demonstration grants to State education agencies, institutions of higher education, and nonprofit education and professional associations to provide technology for distance learning, in cooperation with foreign language teachers and specialists, to serve small and rural school districts, small colleges, community colleges, and adult business education classes, through video tapes, cassettes, satellite linkages, cable programs, teleclasses, and computer-assisted instruction. Limits grant amounts. Authorizes appropriations. Authorizes the Secretary to make grants for innovative and model programs for elementary and secondary teacher education which integrate foreign language and culture, democracy and civic education, geography, and international studies into practicing and preservice teacher training. Provides that such programs must meet the needs of elementary school teachers before they address those of secondary school teachers. Requires an institute of higher education, to receive such a grant on behalf of its school or department of education and in cooperation with its liberal arts department, to submit a proposal to the Secretary and the appropriate State educational agency. (Allows nonprofit institutions of demonstrated effectiveness to also receive such grants.) Authorizes appropriations. Authorizes the Secretary to make competitive grants to various educational entities or consortia to act as a resource center for: (1) coordinating development and dissemination of foreign language and culture instructional materials (including children's literature, teacher's kits, videotapes, and computer software); and (2) encouraging expanded use of technology in teaching foreign languages and culture in elementary schools (and when these needs are met, in secondary schools), especially at schools with proportionally fewer resources. Requires coordination of such materials and technologies development with that under the Star Schools Program Assistance Act. Authorizes appropriations. Authorizes the Secretary to make matching grants, within specified limits, to: (1) States and major metropolitan areas to establish foreign language foundations; and (2) world trade council units to provide language training, translation services, and information about other cultures and markets for small- and medium-sized businesses seeking to enter export markets. Authorizes appropriations. Title II: Higher Education Amendments - Amends the Higher Education Act of 1965 (HEA) to revise student assistance for those engaged in study abroad. Specifies that programs of study abroad approved for credit by an institution of higher education (approved programs of study abroad) are among those for which eligible students may receive student assistance under the programs of Pell grants, supplemental educational opportunity grants, grants to States for State student incentives, guaranteed student loans, and Perkins loans. Includes such approved programs of study abroad under cost of attendance provisions for HEA Student Assistance. Revises student eligibility for assistance to declare that nothing in HEA shall be construed to limit or otherwise prohibit access to approved programs of study abroad. Declares that: (1) otherwise eligible students engaged in an approved program of study abroad are also eligible for assistance under title IV (Student Assistance) of HEA; and (2) such a study abroad program need not be a required part of the student's degree program to qualify for such assistance. Requires eligible institutions to: (1) disseminate to prospective and enrolled students accurate information that enrollment in an approved program of study abroad may be considered enrollment in the home institution for purposes of applying for Federal student financial assistance; and (2) agree, for purposes of student assistance program participation, not to deny any form of Federal aid to any student who meets HEA eligibility requirements on the grounds that such student is taking part in an approved program of study abroad. Applies existing requirements for loan check endorsement and multiple disbursement of federally-insured and guaranteed student loans to students engaged in a approved program of study abroad. Allows students participating in approved programs of study abroad to receive, according to specified formulas, increased aid under the programs of Pell grants, supplemental educational opportunity grants, State student incentive grants, federally insured loans, and Perkins loans. Establishes a program of incentive grants for enrollment in special programs abroad. Authorizes the Secretary to: (1) make grants to institutions of higher education or certain other organizations to pay partial incentive stipends to individuals enrolled in certain programs of study abroad; and (2) award, through a national competition, incentive stipends to students who enroll in study abroad programs to learn languages and develop international skills not available in countries in which large numbers of U.S. students study. Requires such grants to be awarded on the basis of merit but with preference given to students who are underrepresented in study abroad, including those from minority groups and professional and preprofessional studies. Intends such stipends to meet extraordinary travel and other associated costs for a one-year maximum. Authorizes appropriations. Requires work study program participation agreements to permit: (1) an institution to devise suitable work opportunities for students studying abroad, including work for foreign colleges, universities, and nonprofit or service organizations; (2) establishment of internship programs involving work for foreign or multinational organizations relevant to the student's course of study; and (3) work-study compensation to eligible students for such work or internships. Declares that student financial aid administrators have discretionary authority to make certain necessary cost of attendance and asset adjustments and special arrangements for student notification, verification, disbursement, and refunds, for students participating in approved programs of study abroad. Allows requests for deferment of Stafford or Perkins student loan repayment by students engaged in graduate or postgraduate fellowship study abroad to be approved until the completion of the fellowship period. Revises HEA title VI (International Education Programs) requirements for undergraduate international studies and foreign language programs to add to the list of authorized grant activities development of: (1) undergraduate study abroad programs providing courses closely related to on-campus foreign language and international studies curricula; and (2) new study abroad opportunities for undergraduates in specific degree programs' curricula. Authorizes the Secretary to make grants to higher education institutions, nonprofit organizations, and consortia for: (1) study abroad in the form of either programs in locations otherwise unavailable for such study or opportunities for students who would not otherwise engage in such study; and (2) enrichment of study abroad programs, including development of model predeparture and post-return activities, program selection material and advising services, and academic advising. Requires that centers for international business education assisted under HEA include in their programs opportunities for business students to study abroad in locations which are important to the current and future economic well-being of the United States. Provides that intensive summer language institutes receiving HEA grants may be either in the United States or in appropriate countries abroad. Includes among authorized providers of such training institutes designed to integrate intensive foreign language training with culture experiences abroad for undergraduate students in a wide range of disciplines. Covers the costs of travel to and from institutes in foreign countries in stipends for students and faculty attending such institutes.
United States · United States Congress · 27 February 1991
State Thrift Deposit Insurance Premium Act of 1991 - Amends the Federal Deposit Insurance Act to direct the Federal Deposit Insurance Corporation to determine and apportion among the States the cumulative cost of Federal assistance provided to State-chartered savings associations for case resolutions. Declares as "high risk" any State whose share of State resolution costs exceeds twice its share of 1980 State deposits. Mandates that each high risk State pay to the Savings Association Insurance Fund (SAIF) prescribed premiums reflecting such risk. Sets forth insurance termination procedures if a State fails to pay the required premium. Requires depositor notification of such insurance termination. Mandates that the premium paid by high-risk States into the SAIF shall be available to pay the thrift resolution costs incurred by the FSLIC Resolution Fund or the Resolution Trust Corporation, as appropriate.
United States · United States Congress · 27 February 1991
Directs the heads of Federal departments or agencies which hold or receive records and information which have or could possibly have been correlated to U.S. personnel listed as prisoners of war or missing in action after 1940, including from World War II and the Korean and Vietnam conflicts, to publicly disclose such records and information, except where such disclosure would compromise national security. Requires the Department of Defense to publicly disclose a complete list of such personnel including those killed in action (body not returned) with each service member's current classification as well as any changes in such classification occurring during or after such hostilities.
United States · United States Congress · 27 February 1991
Amends the Internal Revenue Code to exclude from the gross income of an individual the following qualified employer-provided transportation benefits: (1) the value of transportation in a commuter highway vehicle between the employee's residence and workplace; and (2) up to $60 per month of the value of any transit pass entitling the employee to transportation on mass transit facilities.
United States · United States Congress · 26 February 1991
Nursing Home Access to Respiratory Therapy Act of 1991 - Amends title XVIII (Medicare) of the Social Security Act to include respiratory therapy within covered extended care services.
United States · United States Congress · 21 February 1991
Construction Safety, Health, and Education Improvement Act of 1991 - Amends the Occupational Safety and Health Act of 1970 (the Act) to establish in the Occupational Safety and Health Administration (OSHA) an Office of Construction Safety, Health, and Education (the Office) to ensure safe and healthy working conditions in the performance of construction work. Directs the Secretary of Labor (the Secretary) to: (1) develop mandatory standards for construction safety and health plans and programs established under this Act; (2) assume control of a construction site to both prevent the destruction of any evidence that would assist in the investigation of a fatality, serious injury, or incident, (unless it must be moved or destroyed as a part of rescue operations) and monitor the rescue operations conducted in response to the incident; (3) assist the Advisory Committee on Construction Safety and Health in developing training courses and curriculum for the training of OSHA inspectors and other OSHA employees with duties related to construction safety; (4) advise and consult with construction employer associations, construction employers, construction employees, and labor organizations as to effective means of preventing fatalities and serious injuries in construction work; (5) increase awareness of construction site safety through education, training, and outreach programs; (6) identify construction employers who have high frequency rates of fatalities or serious injuries or patterns of noncompliance with health and safety standards; and (7) carry out specified duties for construction worksite inspections, investigations, reporting, and recordkeeping and for construction safety and health plans and programs. Establishes within OSHA the position of Deputy Assistant Secretary of Labor for Construction who is to: (1) be appointed by the Secretary; (2) coordinate Office activities with those of other offices and directorates within OSHA as they relate to safety, health, and education in the construction industry; and (3) coordinate the activities and advice of the Advisory Committee on Construction Safety and Health with all OSHA activities relating to such matters, ensuring that the Advisory Committee performs its functions under the Act and the Contract Work Hours and Safety Standards Act. Directs the Secretary, with the advice of the Advisory Committee on Construction Safety and Health, to determine the necessary qualifications and training for OSHA inspectors, including: (1) full understanding of the Act and the Secretary's standards and regulations for the construction industry; and (2) at least five years' experience working in the construction industry. Establishes requirements for construction safety and health plans and programs. Requires designation of a project constructor (the constructor) in construction project documents by the construction owner for every construction project covered by the Act. Gives the constructor: (1) responsibility for supervising and controlling all construction work on the worksite; and (2) overall responsibility for the safety and health of all construction employees at the construction worksite, and for performing constructor duties set out in the Act and regulations issued under it. Considers the construction owner as the project constructor if such owner does not designate a constructor. Directs the constructor for a worksite to establish and implement: (1) written safety and health plans by constructors, including the project safety and health programs of construction employers involved in the project; (2) hazard analyses that identify the potential for and provide instructions to prevent hazards in the construction process; and (3) construction process plans that include means to ensure worksite structural stability and worksite inspections. Requires that: (1) constructors designate project safety coordinators (coordinators) for construction projects and notify construction employers of their identity (although such coordinators may not be assigned overall responsibility for project safety); and (2) coordinators, on behalf of constructors, adequately monitor safety at construction sites, prepare project safety and health plans before construction commencement, and ensure construction employers' compliance with reporting requirements. Requires safety and health plans to provide for permit systems under which constructors authorize employers to engage in operations determined to pose a risk of death or serious injury (covered operations). Requires covered operations to include: (1) construction of trenches and excavations; (2) erection and dismantling of scaffolding; (3) demolition of any building or structure; (4) operation of cranes and derricks; (5) operations requiring employees to enter confined or enclosed spaces; (6) operations involving exposure to asbestos and other toxic materials; and (7) other operations designated by the Secretary. Requires constructors, in issuing such permits, to ensure that employers: (1) know of and show intent to comply with requirements of the Act and standards and regulations issued by the Secretary; and (2) have developed safety and health programs that adequately address the hazards of the covered operation. Requires construction employers (employers) involved in construction project worksites to develop and implement project safety programs commensurate with the scope of the work. Requires such programs to require: (1) employers to appoint one competent person for each project to be responsible for general program administration; (2) a competent person to be at each worksite at all times that employers are engaged in construction work; (3) competent persons to inspect worksites frequently and take all necessary actions to eliminate hazards, including work stoppage or removal of affected employees if necessary; (4) provision of prescribed general health and safety training for construction employees; (5) adequate worksite instruction in the recognition of unsafe and unhealthy conditions, applicable standards and regulations, use of construction worksite equipment, and the handling of toxic and harmful substances; (6) emergency evacuation plans, inspection procedures, reporting of incidents, regular safety meetings, and monitoring procedures; (7) a procedure for employees and employee representatives to obtain an immediate inspection or a written evaluation, or both, of a perceived hazardous condition or harmful substance by a qualified person at any time in the construction process; (8) upon determination that such condition or substance presents an imminent danger, for the project constructor to stop work at, or remove affected employees from, the area in which such danger exists; and (9) other requirements, including procedures for monitoring, notification, and safety meetings. Sets forth procedures for emergency waivers of such requirements under specified conditions. Exempts any construction worksite with only one employer and ten or fewer employees from requirements for construction safety and health plans and programs, unless the construction worksite is one at which one of the specified covered operations (under the permit system) occurs. Provides for inspections, investigations, reporting, and recordkeeping. Requires project constructors to submit, before construction work commences, specified types of information necessary for the Secretary to develop and conduct a system of prioritized inspections. Directs the Secretary to establish an effective system for construction worksite inspections. Requires such system to give priority to concentration of enforcement resources on construction worksites and operations with a high potential for fatalities or serious injuries, giving due weight to: (1) employers' and owners' worksite compliance records; and (2) frequency and severity rates of fatalities, serious injuries, and incidents attributable to particular owners and employers and particular types of construction projects, worksites, and operations. Prohibits such priority system from limiting: (1) inspections based on complaints by construction employees on their representatives or complaints of imminent dangers; or (2) inspections following up prior enforcement actions or proceedings. Prohibits the Secretary from excluding from construction worksite inspections any construction owner or employer. Requires project constructors to make and maintain accurate records concerning fatalities, serious injuries, and incidents at a worksite. Requires project constructors to report to the Secretary by telephone or telegraph, within four hours after its occurrence, any incident involving construction work that results in: (1) a serious injury; (2) a fatality; or (3) a structural failure. Requires such reports to specify certain information. Directs the Secretary to conduct site inspections to investigate all such reports of incidents, as the Secretary prescribes. Requires such inspections as soon as practicable or at least within 24 hours after receipt of the telephone or telegraph report, unless site conditions would make inspection dangerous. Requires the project constructor to prevent destruction of evidence. Directs the Secretary to make public a narrative description of the occurrence. Requires the project constructor, at project completion or at one-year intervals during the project, to report to the Secretary all fatalities and serious injuries and all structural failures. Requires such report to provide specified information. Grants the Advisory Committee on Construction Safety and Health specified powers to carry out its functions under the Act and under the Contract Work Hours and Safety Standards Act. Limits the terms of members of such Committee. Directs the Secretary to respond in writing within 60 days to any recommendation made by a majority of members of such Committee. Requires any State construction safety and health plan to comply with specified requirements for State plans under the Act and to provide for development and enforcement of requirements at least as effective as those imposed by the Act and the Contract Work Hours and Safety Standards Act. Authorizes the Secretary to make grants to States for administering and enforcing this Act. Sets forth formulas for determining the Federal share of such grants. Directs the Secretary to report to the President and the Congress: (1) annually on certain general subjects as these relate to the construction industry, including the operation of the Office; and (2) within 120 days after three years of Office operation, on whether specified relevant information supports the continued existence of the Office within OSHA or supports enactment of legislation to establish in the Department of Labor a Construction Industry Safety and Health Administration to be headed by an Assistant Secretary of Labor for Construction Safety and Health.
United States · United States Congress · 21 February 1991
Retired Teachers Act - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to prohibit the income an individual who has attained retirement age earns in serving as a part-time teacher in a public elementary or secondary school from being applied against such individual's OASDI benefits.
United States · United States Congress · 21 February 1991
Fair Budget Treatment for Dairy Farmers Act of 1991 - Amends the Agricultural Act of 1949, as amended by the Food, Agriculture, Conservation, and Trade Act of 1990 and the Omnibus Budget Reconciliation Act of 1990, to repeal the 1992 milk assessment provision (milk price support reduction).
United States · United States Congress · 21 February 1991
Amends the Internal Revenue Code to permanently extend the period during which qualified mortgage bonds and mortgage credit certificates may be issued.
United States · United States Congress · 20 February 1991
Amends the Internal Revenue Code to exclude from gross income the value of any subsidy provided by an electric utility to a customer for the purchase or installation of energy conservation measures.
United States · United States Congress · 19 February 1991
Older Americans' Freedom to Work Act of 1991 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to remove the limitation on the amount of outside income which beneficiaries who have attained retirement age may earn without incurring a reduction in benefits.
United States · United States Congress · 6 February 1991
Social Security Notch Adjustment Act of 1991 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to establish a new formula for computing the primary insurance amount of individuals who attain age 65 in or after 1982 and would otherwise be subject to the benefit computation rules of the Social Security Amendments of 1977. Extends the application of such transitional benefit computation rules to those who become eligible for benefits before 1989. (Currently those who become eligible after 1983 are subject to the benefit computation rules of the Social Security Amendments of 1977.)
United States · United States Congress · 6 February 1991
Amends Federal law to provide that no adjournment of either House of Congress, other than an adjournment sine die to end a Congress, prevents the return of a bill by the President. Authorizes the Clerk of the House of Representatives and the Secretary of the Senate to receive bills returned by the President any time their respective Houses are not in session.
United States · United States Congress · 6 February 1991
Persian Gulf War Veterans Benefits Act of 1991 - Title I: General Veterans Benefits - Amends Federal veterans' benefits provisions to include the Persian Gulf War under the definition of "period of war" for purposes of eligibility for various veterans' benefits for war veterans, their spouses, and their dependents. Authorizes the Secretary of Veterans Affairs to provide standby inpatient hospital care and medical services to those veterans authorized to receive hospital, nursing home, or domiciliary care and medical treatment within the Department of Veterans Affairs. Authorizes the Secretary to furnish counseling services in any Department facility to any veteran: (1) who is a former prisoner of war; and (2) while in active military service in a theater of combat operations during a period in which hostilities occurred in such theater. Makes veterans who serve on active duty during the Persian Gulf War for at least 90 days eligible for dental benefits provided to veterans through the Department. Makes veterans of the Persian Gulf War suffering from war-related psychosis within two years of the end of such War eligible for treatment through the Department for a service-connected disability. Presumes such psychosis to be service-connected for purposes of eligibility for such treatment). Makes veterans of any war (currently, specified wars and conflicts) eligible for payment for certain drugs and medicine required as a result of being permanently housebound or in need of regular aid and attendance. Bases the payment of dependency and indemnity compensation to surviving spouses on the age of the surviving spouse, with the amount decreasing as the age increases. States that such amounts shall be based on the pay grades of veterans dying between January 1, 1957, and the last day of the month in which the Persian Gulf War ends if such is larger than the amount provided when based solely upon the age of the surviving spouse. Increases from $50,000 to $75,000 the amount of life insurance available to veterans under the Servicemen's Group Life Insurance and the Veterans' Group Life Insurance programs. Makes Persian Gulf War veterans eligible for such increased coverage. Title II: Veterans Education Benefits - Increases the monthly stipend available to members of the all-volunteer active-duty armed forces and the Selected Reserve for educational assistance provided under the Montgomery GI Bill armed forces and veterans' educational assistance programs. Increases such stipend annually by the percentage increase in the Consumer Price Index for such year. Directs the Secretary of the military department concerned, and the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service of the Navy, to provide educational assistance to members of the Selected Reserve who: (1) during the Persian Gulf War, served on active duty for more than 180 days of continuous service; and (2) were discharged or released under conditions other than dishonorable. States that such educational assistance may be provided for a program of education beyond the baccalaureate degree level. States that, in the case of a member of the Reserve called to active duty in connection with the Persian Gulf War: (1) the period of such active duty may not be considered in determining the expiration date for eligibility for educational assistance benefits provided under the Montgomery GI Bill; and (2) the member may not be considered to have been separated from the Reserve, for purposes of commencement of the delimiting period for the use of such benefits. Provides that, in the case of an active-duty or Reserve member student who fails to complete a course of study under the armed forces or veterans' educational assistance programs due to being called to active duty in connection with the Persian Gulf War, both the amount of educational assistance received and the time spent pursuing that course of study will not be counted against such student for purposes of general entitlement under such educational assistance program. Restores the full amount available to such student veteran program. Restores the full amount available to such student veteran as if the interrupted course had not been taken. States that such exclusion shall apply to members of the Selected Reserve pursuing courses of study (and similarly interrupted) under the armed forces educational assistance program. Title III: Veterans Housing Programs - Entitles each veteran who served on active duty in the Persian Gulf War for 90 days or more to guaranteed veterans' housing loans provided through the Department. Authorizes the Secretary to provide direct loans for housing purposes to the following veterans: (1) any active-duty or reserve member who meets applicable credit requirements and is unable to obtain a loan from a private lender at the interest rate authorized for guaranteed home loans because of the possibility of service in connection with the Persian Gulf War; and (2) any veteran who applies for such loan within one year after returning from at least 90 days of continual service in the Persian Gulf or within one year after being released from hospitalization incident to such service, is discharged under conditions other than dishonorable, cannot obtain a reasonable loan from a private lender, and meets applicable credit requirements. Title IV: Military Personnel Benefits - Requires the Secretary of Defense to ensure that the Secretaries of the military departments provide appropriate benefits explanations to reserve members who were called to active duty in connection with the Persian Gulf War and are released from such active duty upon completion of their required service period. Requires the Secretary of Veterans Affairs to detail Department personnel at each principal site at which such reserve members are released from such duty for preseparation counseling. Directs the Secretary of Defense to prescribe regulations to allow reserve personnel ordered to active duty in connection with the Persian Gulf War to use commissary and exchange stores during the 180-day period following their release from such duty to the same extent as for active-duty members of the armed forces. Entitles reserve members called to active duty in connection with the Persian Gulf War to certain transitional health care benefits after release from such active duty until: (1) 60 days after release from such active duty; or (2) the date such member is covered by a health plan sponsored by a private employer. Title V: Internal Revenue Matters - States that, for purposes of applying the internal revenue laws with respect to the tax liability of individuals performing military service in the Persian Gulf, the period of such services, as well as 60 days thereafter, shall be disregarded in determining whether certain required acts were performed within the required time period as prescribed under the Internal Revenue Code. Includes those hospitalized for injuries attributable to Persian Gulf services under those eligible for such extension. Includes spouses of such personnel, as well as persons in a missing status under such provision. Amends the Internal Revenue Code relating to the permissible time period before the gain from the sale of a principal residence is recognized for tax purposes to extend such period in the case of a reserve member performing active duty in the armed forces to one year after such member is released from such active duty. Amends the Internal Revenue Code relating to the exceptions to the ten-percent additional tax on early distributions from qualified retirement plans to add as an exception to such additional tax any distribution from an individual retirement plan if made to a Persian Gulf War reservist during the qualified distribution period. Defines the qualified distribution period for such personnel as the period which: (1) begins on the date such service is first performed; and (2) ends 180 days after termination of such service. Title VI: Small Business - Veterans Entrepreneurship Promotion Act of 1991 - Defines terms used in this Act. Amends the Small Business Act to direct the President to establish Government-wide goals annually for procurement contracts awarded to small business concerns owned and controlled by veterans, including veterans of the Persian Gulf War. Increases the Government-wide goals for small business participation (including veteran-owned small businesses) from 20 percent to 25 percent of the total value of all prime contract awards for each fiscal year. Mandates that: (1) the Government-wide goal for participation by small business concerns owned and controlled by veterans be at least five percent of such contract and subcontract awards; and (2) certain reports submitted to the Small Business Administration (SBA) and to the Congress include the extent of participation in the Federal procurement process by small business concerns owned and controlled by veterans. Declares it the policy of the United States to grant small business concerns owned and controlled by veterans the maximum opportunity to participate in the performance of Federal contracts and subcontracts. Requires the Secretary of Veterans Affairs and the Administrator of the Small Business Administration (the Administrator) to implement an outreach and information dissemination program for small business concerns owned and controlled by veterans. Outlines the parameters of a loan assistance program implemented by the SBA for small businesses owned and controlled by veterans. Requires the Administrator to study and report to the Congress and the President on methods to reduce costs incurred by veterans during the loan application process. Directs the Administrator to take steps to ensure that small businesses owned by veterans have access to SBA programs providing entrepreneurial training, business development assistance, counseling, and management assistance. Authorizes the SBA to make grants for veterans' outreach programs with governmental and private sector entities. Mandates the establishment of an interagency working group to develop a comprehensive outreach program for veterans of the Persian Gulf War and veterans affected by reductions in armed forces personnel. Requires certain Government agencies to collect information on: (1) businesses owned and controlled by veterans; and (2) the number of such businesses that are first-time recipients of Government contracts. Amends the Small Business Economic Policy Act of 1980 to require the President to report annually to the Congress on small businesses owned and controlled by veterans and by veterans with service-connected disabilities. Amends the Small Business Act to provide for an Associate Administrator or Veterans Programs who shall be responsible for programs of assistance to small business concerns owned and controlled by veterans. Requires the SBA to enter into negotiations with any Federal agency to perform any specific Government procurement contract through the services of small businesses owned and controlled by veterans. Outlines contracting procedures. Establishes within the SBA a veterans business opportunity and development assistance program to assist exclusively small business concerns eligible under the program's parameters. Vests responsibility for the coordination and formulation of policies relating to Federal assistance to such concerns with the Associate Administrator for Veterans Programs. Restricts an individual's eligibility under the Program to business concerns only. Establishes a Division of Program Certification and Eligibility in the Office of Veterans Programs. Requires the Administrator to present an annual program status report to the Congress. Establishes the National Veterans Business Council to: (1) review Federal and State initiatives relating to business concerns owned by veterans; and (2) report annually to the President and the Congress regarding private and public sector initiatives and multiyear goals for veteran-owned businesses. Terminates the Council three years after its first meeting. Amends the Small Business Act to authorize appropriations. Title VII: Other Matters - Repeals a Federal provision containing certain limitations on the payment of unemployment compensation (prohibiting such payment before a certain time period and limiting the aggregate amount of such payment) with respect to discharged or released members of the armed forces. Makes military personnel called to active duty in the Persian Gulf eligible for the deferment of student loan repayments in the case of loans made under the Higher Education Act of 1965, such deferment lasting during the continuance of such duty. States that such deferment period shall not be counted against the grace period that is available to all individuals with respect to such loans made under such Act.
United States · United States Congress · 6 February 1991
Lead Battery Recycling Incentives Act - Amends the Solid Waste Disposal Act to direct the Administrator of the Environmental Protection Agency (EPA) to promulgate regulations for persons who generate, transport, store, recycle, or dispose of spent lead-acid batteries. Requires the Administrator, in developing such regulations, to conduct an analysis of the economic impact of the regulations on the recycling industry. Sets forth required elements of such regulations, including specific requirements for: (1) the storage and transfer of batteries by generators; (2) recordkeeping by battery generators, transporters, and recyclers; and (3) management practices of recyclers. Directs battery retailers to accept from customers spent lead-acid batteries of the same type and quantity of the batteries sold. Requires transporters to acquire an identification number from the EPA or the State enforcing this Act. Directs the Administrator to implement education activities to inform the public about the environmental and safety hazards associated with improper handling and disposal of spent lead-acid batteries. Authorizes appropriations. Applies such requirements to batteries which are transported to or managed by a lead-acid battery recycling facility, a secondary lead smelter, or any facility that prepares batteries for recycling. Requires producers or importers of lead-acid batteries to recycle, for the ten-year period beginning 24 months after this Act's enactment, an amount of spent lead equal to at least the amount determined by multiplying the amount of lead in the batteries produced or imported by such persons by the recycling percentage established by the Administrator. Authorizes compliance with such requirement by: (1) reclaiming lead from such batteries and using it in the production of new batteries; (2) purchasing reclaimed lead from secondary lead smelters for purposes of producing new batteries or shielding; or (3) purchasing recycling credits. Directs producers or importers to report annually to the Administrator on the amount of virgin and secondary lead used in new lead-acid batteries produced or imported by such persons. Sets the recycling percentage at 80 percent. Increases such percentage by two points annually. Authorizes the Administrator to reduce or waive the two percent increase if the rate exceeds 95 percent. Directs the Administrator to promulgate regulations to allow: (1) producers of lead-acid batteries to create credits for recycling an amount of batteries greater than required; and (2) producers of new batteries to purchase such credits for purposes of complying with this Act. Sets forth minimum requirements for the credit system. Applies battery recycling requirements to persons who produce or import more than 10,000 pounds of new lead-acid batteries annually. Sets the recycling percentage at 90 percent if the Administrator fails to promulgate recycling regulations.
United States · United States Congress · 6 February 1991
Oil Recycling Incentives Act - Amends the Solid Waste Disposal Act to prohibit the Administrator of the Environmental Protection Agency (EPA) from identifying used oil or affiliated materials as hazardous wastes under the Solid Waste Disposal Act. Defines "affiliated materials" as used oil filters and any materials used for cleaning up after changing oil that are contaminated with used oil. Provides that any fuel derived from used oil that does not meet used oil specifications established by the Administrator and would otherwise be identified as a hazardous waste shall be deemed to be a hazardous waste. Directs the Administrator to promulgate regulations for persons who generate, store, transport, recycle, or dispose of used oil. Requires the Administrator, in developing such regulations, to conduct an analysis of the economic impact of such regulations on the used oil recycling industry. Provides that regulations for used oil generators shall: (1) prohibit the storage of used oil in an underground storage tank unless such tank meets requirements under this Act; (2) prohibit the storage of used oil for more than 12 months; (3) require generators to transfer such oil to specified permitted used oil recycling or disposal facilities or transporters; and (4) require generators to keep specified records on such oil. Requires used oil transporter regulations to provide that such transporters: (1) acquire identification numbers from EPA; (2) meet applicable financial responsibility requirements; and (3) keep specified records. Includes intermediate storage requirements in transporter regulations. Provides that used oil recycler regulations shall require recyclers to: (1) keep specified records; (2) test fuel produced from the recycling process before departure from the facility; and (3) obtain certain permits. Directs the Administrator to promulgate regulations for exempt refineries that recycle used oil as necessary to protect human health and the environment. Sets forth minimum requirements for such regulations. Requires used oil disposal and affiliated material regulations to prohibit mixing used oil with any hazardous waste identified under the Solid Waste Disposal Act unless the mixture is stored, treated, or disposed of at a permitted facility. Directs the Administrator to promulgate regulations requiring owners or operators of new and existing recycling facilities to have class permits. Sets forth permit requirements. Provides for annual inspections of such facilities to assure permit compliance. Sets forth requirements for interim class permits. Exempts from permit requirements: (1) facilities which refine at least 10,000 barrels daily of crude oil into petroleum products, are classified as S.I.C. number 2911 (pursuant to the Office of Management and Budget Standard Classification Manual) facilities, and at which the amount of refined used oil is equal to no more than the amount of used oil that the owner is required to recycle and the used oil contains less than a specified amount of halogens; and (2) facilities which compound or blend lubricating base oil into finished lubricant products as their principal activity, are classified as S.I.C. number 2899 or 2992 facilities, and whose volume of used oil compounded or blended into such products is no more than ten percent of the lubricating base oil compounded or blended annually. Exempts from used oil regulation requirements on-site activities at facilities classified as S.I.C. number 4911 facilities. Directs the Administrator to promulgate regulations governing such facilities. Requires the Administrator to promulgate regulations establishing specification standards for fuel derived from used oil to be burned in furnaces and boilers. Sets forth requirements to be effective if the Administrator fails to promulgate used oil regulations by the applicable deadline. Requires the Administrator to implement education programs to inform the public and small businesses about the environmental and safety hazards associated with improper handling and disposal of used oil and the benefits derived from used oil recycling. Authorizes appropriations. Sets forth labeling requirements for oil packages and oil filters to encourage the return of used oil to collection centers. Requires States to develop plans for making information available to the public about recycling of used oil and oil filters. Directs the Administrator to establish a toll-free telephone line to give out information about State used oil recycling programs. Requires producers or importers of lubricating oil to recycle for a period of ten years an amount of used oil equal to at least the amount determined by multiplying the amount of lubricating oil produced or imported that year by such persons by the recycling percentage established by the Administrator. Authorizes such individuals to comply with this Act by: (1) recycling (through re-refining) used oil or purchasing re-refined oil for purposes of producing lubricating oil; or (2) purchasing recycling credits under this Act. Requires producers and importers to report annually to the Administrator on the amount of oil produced or imported by such persons. Requires a producer or importer to be treated as having recycled two units of used oil for each unit of re-refined oil or lubricant base stock purchased. Directs the Administrator to establish a recycling percentage that is two points higher than the existing recycling rate for lubricating oil. Provides for increases in such percentage of two points annually for ten years. Requires the Administrator to promulgate regulations allowing recyclers to create credits for used oil recycling and producers or importers of lubricating oil to purchase such credits. Provides that such regulations shall require: (1) specified records to be kept by recyclers and by importers or producers; and (2) recyclers to sell or distribute in commerce such oil as specification used oil, off-specification used oil, industrial specification used oil, or re-refined oil. Directs the Administrator to report to the Congress on such regulations and to include: (1) a discussion of the effects of such regulations on the oil industry and the environment; and (2) an evaluation of the level of the recycling percentage and whether such percentage should be increased in future years. Requires an updated version of such report to be submitted within ten years of this Act's enactment. Applies recycling requirements to persons who import or produce more than 100,000 gallons of lubricating oil annually. Sets the recycling percentage at 40 percent if the Administrator fails to promulgate such regulations.
United States · United States Congress · 6 February 1991
Elementary School Counseling Demonstration Act - Authorizes appropriations for the Secretary of Education to make demonstration grants to local education agencies to establish effective and innovative elementary school counseling programs that can serve as national models. Directs the Secretary to establish an Office of School Counseling, headed by a Director, in the Department of Education.
United States · United States Congress · 6 February 1991
CHAMPUS Mental Health Benefits Restoration Act of 1991 - Provides that a scheduled reduction in the provision of inpatient mental health services to veterans under the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) as required under the National Defense Authorization Act for Fiscal Year 1991 shall not take effect until one year after the end of the Persian Gulf conflict, as declared by presidential proclamation or by law. States that all direct and discretionary spending contained in this Act is to be considered emergency expenditures related to Operation Desert Shield and Desert Storm for purposes of the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act).
United States · United States Congress · 6 February 1991
Newsprint Recycling Incentives Act - Amends the Solid Waste Disposal Act to require producers or importers of newsprint to recycle, through methods specified under this Act, an amount of newsprint equal to at least the amount determined by multiplying the amount of newsprint produced or imported annually by such individuals by the recycling percentage established by the Administrator of the Environmental Protection Agency (EPA). Authorizes such individuals to comply with this Act by: (1) recycling (through deinking) newsprint; (2) purchasing recycled newsprint to combine with shipments of virgin newsprint; or (3) purchasing recycling credits under this Act. Requires the recycling percentage to be at least 20 percent. Provides for increases in such percentage of two points annually for the next ten years. Requires the Administrator to promulgate regulations to allow newsprint producers or importers to create or purchase recycling credits. Provides that such regulations shall require: (1) producers and importers to keep specified records; (2) producers of recycled newsprint to notify EPA of capacity to recycle old newsprint; (3) importers of recycled newsprint to notify the U.S. Customs Service of the amount of newsprint being imported and to have certifications of the accuracy of such amount from the trade representative of the country shipping such newsprint to the United States; and (4) producers and importers to report to the Administrator on the amount of recycled newsprint produced or imported annually and the number of credits purchased from, or sold to, other producers or importers. Directs the Administrator to report to the Congress on such regulations and to include: (1) a discussion of the effects of such regulations on the newsprint and newspaper industry and the environment; and (2) an evaluation of the level of the recycling percentage and whether such percentage should be increased in future years. Requires an updated report to be submitted within ten years of this Act's enactment. Applies recycling requirements to persons who produce or import more than ten tons of newsprint annually. Sets the recycling percentage at 20 percent if the Administrator fails to promulgate such regulations. Prescribes civil penalties for violations of this Act. Directs the Administrator to submit to the Congress and implement a plan for the recycling of post-consumer high grade paper. Authorizes appropriations.
United States · United States Congress · 6 February 1991
Tire Recycling Incentives Act - Amends the Solid Waste Disposal Act to require tire producers or importers to recycle an amount of scrap tires equal to at least the amount determined by multiplying the amount of tires produced or imported that year by the recycling percentage established by the Administrator of the Environmental Protection Agency. Authorizes compliance by: (1) recycling scrap tires through reintroducing the recovered rubber into a manufacturing process to produce new tires or retread old tire casings; or (2) purchasing recycling credits under this Act. Requires such individuals to report annually to the Administrator on the amount of tires produced or imported. Directs the Administrator to establish a recycling percentage that is five percentage points higher than the existing recycling rate for tires. Provides for increases in such percentage of five points annually in the ten years following the date of enactment of this Act. Requires the Administrator to promulgate regulations allowing recyclers to create credits for tire recycling and tire producers or importers to purchase such credits. Sets forth: (1) specified recordkeeping requirements for owners or operators of tire sale and installation facilities, scrap tire collection facilities, and tire producers and importers; and (2) the amount of credits allowed for scrap tires. Directs the Attorney General to determine the effects of the credit system on competition within the tire and scrap tire recycling industries and to report annually to the Congress. Sets the recycling percentage at 60 percent if the Administrator fails to promulgate regulations. Prescribes civil penalties for violations of recycling requirements. Considers a scrap tire recycling or disposal facility to be a solid waste disposal facility for purposes of Internal Revenue Code provisions concerning exempt facility bonds. Directs the Administrator to: (1) publish in the Federal Register minimum requirements for State scrap tire management and procedures under which such requirements shall be incorporated into State solid waste management plans; (2) provide for expedited review of State plans which include specified scrap tire recycling measures; and (3) establish standards to minimize health and environmental damages from the improper disposal and storage of tires. Requires such standards to provide for: (1) bans on the disposal of tires in land disposal facilities and on the intentional infliction of damage on tire casings to preclude casings from being used in retreading; (2) State inventories of scrap tire collection facilities, tire advisory boards, and scrap tire abatement plans; (3) agreements between facilities which distribute more than 1,000 tires annually and licensed tire haulers for the exclusive hauling of scrap tires by licensed haulers; and (4) prohibitions on the transportation of scrap tires by transporters without transportation identification numbers, with specified exceptions. Directs the Administrator to publish guidelines for States for the issuance of permits to scrap tire collection facilities. Provides for: (1) limits on the size of scrap tire piles at such facilities; (2) bans on open burning within 50 feet of a scrap tire pile; (3) regulations on vegetation, rodent, and mosquito control at such facilities; and (4) different requirements for collection facilities located in 100-year flood plains or other areas where water resources are critical. Requires the Administrator to promulgate guidelines for States for facility emergency plans. Directs facility owners or operators to maintain and update emergency preparedness manuals. Requires facility owners or operators to notify the State immediately in the event of an emergency with potential offsite impacts. Sets forth specified emergency and operational recordkeeping, reporting, and inspection requirements. Requires all regulated facilities to have appropriate financial responsibility or insurance to maintain the facility for at least five years after closure. Exempts specified persons from permitting requirements. Directs the Administrator to promulgate regulations for the State to use to issue permits to scrap tire recycling facilities. Requires the Secretary of the Interior, together with the heads of agencies responsible for public lands or military installations, to implement a plan to remediate tire piles. Applies plan requirements to the National Railroad Passenger Corporation. Directs the Administrator to develop a guideline for procuring items that make use of scrap or used tires. Requires Federal departments, if the Administrator fails to promulgate such guideline, to procure items containing at least 75 percent of post-consumer scrap rubber from scrap tires if the rubber is available within a reasonable amount of time at a reasonable price and meets performance standards. Directs the Secretary of Commerce, acting through the Director of the National Institute of Standards and Technology, to publish standards to determine the life-cycle costs and benefits of items that make use of rubber from scrap or used tires as compared with items that make use of rubber other than from scrap or used tires. Requires such standards to be used by Federal departments covered by the procurement guideline. Directs the Secretary of Transportation to determine and report to the Congress on: (1) direct worker environmental health effects relating to asphalt made from crumb rubber from scrap tires; (2) the recyclability of asphalt road surfaces made from crumb rubber from scrap tires; and (3) the estimated life of existing asphalt road surfaces made from crumb rubber from scrap tires. Permits States to: (1) enter into consent agreements with owners and operators of scrap tire collection facilities for proper management and abatement of scrap tires; and (2) levy fines on facilities for noncompliance. Imposes fines on tire facilities and landfills for specified violations of this Act. Authorizes appropriations.
United States · United States Congress · 6 February 1991
Constitutional Amendment - Defines "person" to include the unborn for the purpose of the right to life guarantee. Exempts from applicability of this amendment laws permitting medical procedures required to prevent the death of the mother.