United States · United States Congress · 26 November 1991
Endangered Species Act Amendments of 1992 - Title I: Recovery Plans - Amends the Endangered Species Act of 1973 to require the Secretary (either the Secretary of the Interior or the Secretary of Commerce, as program responsibilities are vested) to: (1) develop and implement recovery plans by December 31, 1996, for listed endangered and threatened species for which such plans have not been developed as of December 31, 1992; and (2) do the same for such non-listed species as of December 31, 1992, within two years after the species is listed. Title II: Penalties and Enforcement - Waives the 60-day notice requirement with respect to the filing of a civil suit by an individual in the case of an action against any person respecting an emergency posing a significant risk to the well-being of any listed species of fish or wildlife. Authorizes the Secretary, the Secretary of the Treasury, and the Secretary of the Department in which the Coast Guard is operating to promulgate regulations to carry out the Convention on International Trade in Endangered Species of Wild Fauna and Flora and the resolutions of its parties as well as to enforce this Act. Title III: Habitat Conservation Plans - Authorizes the Secretary to enter into a cooperative agreement with any State, municipality, county, or local government to assist in the development of a plan for the conservation of any threatened or endangered species. Authorizes the Secretary to make grants and loans, under specified conditions, to any such entities: (1) in the development of such plans; (2) to carry out biological and other studies in connection with it; and (3) related tasks. Establishes the Habitat Conservation Planning Fund for the deposit of all appropriated sums to assist in the development of conservation plans. Title IV: Authorization of Appropriations - Authorizes appropriations.
United States · United States Congress · 26 November 1991
Multilingual Radio Act - Directs the Federal Communications Commission (FCC) to begin procedures to prescribe regulations to: (1) establish demonstration frequencies to provide multilingual amplitude modulation radio broadcasting services to large metropolitan areas with large multilingual populations; (2) require such demonstration frequency to be licensed in the New York City area; (3) create other demonstration frequencies, if possible, in other large metropolitan areas with large multilingual populations; (4) make such frequencies available for expanded services within a specified radio band; and (5) require the licensee of such a multilingual operation to devote a specified amount of air time in programming other than English per day and per week, and a specified amount of time per day in instructional English. Directs the FCC to establish such frequencies as not-for-profit operations and award the license for such frequencies by comparative hearing to nonprofit groups with substantial experience in serving the needs of the multilingual and multiethnic communities.
United States · United States Congress · 26 November 1991
Expresses the sense of the Congress that the United States should continue to support the full protection of the African elephant through the unqualified listing of all populations of the African elephant on Appendix I of the Convention on International Trade in Endangered Species of Wild Flora and Fauna.
United States · United States Congress · 25 November 1991
Primary Health Care Investment Act of 1991 - Amends the Public Health Service Act to authorize appropriations to carry out specified provisions relating to migrant and community health centers, the National Health Service Corps scholarship and loan repayment programs, and health services for the homeless. Amends provisions of title XVIII (Medicare) of the Social Security Act relating to payment to hospitals for inpatient services to modify requirements regarding the determination of approved FTE (Full-Time Equivalent) resident amounts.
United States · United States Congress · 22 November 1991
Classrooms for the Future Act - Directs the Secretary of Education (the Secretary) to award competitive grants to eligible consortia to develop instructional programs and technology-based systems for complete courses or units of study for a specific subject and grade level, if these are commercially unavailable locally. Requires that an eligible consortium consist of: (1) State or local educational agencies in partnership with businesses; and (2) institutions of higher education or other public or private nonprofit organizations. Requires priority to be given to applications describing programs that are developed: (1) so that the program may be adapted and applied nationally; and (2) to raise the achievement levels of students, particularly disadvantaged students who are not realizing their potential. Sets forth application requirements and criteria for awarding such grants. Authorizes the Secretary to award grants to States to carry out specified types of activities to improve access to technology. Requires States to use such grants to: (1) identify schools or school districts which have a large number of educationally disadvantaged students and limited access to technology-based learning resources; and (2) develop jointly, with local educational agencies or individual schools, strategies to improve accessibility and use of technology-based learning resources, including specific plans for teacher and school personnel training, hardware or software acquisition (if this is a major barrier to accessibility), and partnership arrangements with businesses, institutions of higher education, and other public or private nonprofit organizations. Sets forth State plan requirements. Directs the Secretary to coordinate and share information regarding curriculum-based educational technology programs assisted under this Act with other Federal agencies which administer programs supporting development of such programs. Directs the Secretary to: (1) collect information about products developed pursuant to this Act and the evaluation of such products; and (2) disseminate such information in regular reports to State and local educational agencies and other appropriate organizations or individuals. Requires that any royalties paid to any State or local educational agency as a result of assistance provided under this Act be used for further development of curriculum-based learning resources authorized by this Act. Authorizes appropriations.
United States · United States Congress · 22 November 1991
Low-Income Housing Revitalization Act - Amends Internal Revenue Code (IRC) provisions relating to the low-income housing credit to increase the credit from four percent to nine percent with respect to new buildings that are federally subsidized. Extends the low-income housing credit permanently. Amends IRC accounting provisions to exempt low-income housing credit activities from limitations on passive losses. Revises the accelerated cost recovery system in connection with low-income residential rental property to reduce the applicable recovery period from 27.5 to 20 years. Disallows an income tax deduction for any expense relating to residential rental units unless such units are suitable for occupancy. Excludes deductions for business expenses, interest on indebtedness, and taxes from calculations to determine the passive loss limitation in connection with rental real estate activity relating to a qualified low-income housing project in which a noncorporate taxpayer actively or materially participates.
United States · United States Congress · 22 November 1991
Commends: (1) the people of Guam for their patriotism, bravery, loyalty to the United States, and many sacrifices during World War II, particularly during the invasion and occupation of the Guam territory; (2) the members of the Navy Insular Force and U.S. Navy and Marine Corps for the efforts and sacrifices they made in defense of the U.S.; (3) the Hawaiians for their sacrifices and contributions to the U.S. war effort during the attack on Pearl Harbor on December 7, 1941; and (4) the Hawaii Territorial Guard members, Varsity Victory Volunteers, the civilian workers at the Pearl Harbor Naval Ship Yard and other Hawaiian military installations, 100th Infantry Battalion, Military Intelligence Service, and 442nd Regimental Combat Team for their sacrifices and contributions to the U.S. war effort during such attack.
United States · United States Congress · 21 November 1991
Federal Program Improvement Act of 1991 - Title I: Provisions Relating To The Medicare Program - Subtitle A: Durable Medical Equipment - Amends the Social Security Act to: (1) prohibit unsolicited telephone contacts from suppliers of items of durable medical equipment to Medicare (title XVIII of the Social Security Act) beneficiaries; (2) require suppliers to provide information to the Secretary of Health and Human Services (HHS) on sales and billing practices; (3) prohibit carrier forum shopping; (4) prohibit issuance of multiple provider numbers; (5) require a description of such items in forms explaining benefits; (6) require the Secretary to develop a standardized prescription for such items; (7) mandate adjustments to final payments amounts which the Secretary determines are not inherently reasonable; (8) require an advanced determination for decubitus care mattresses; (9) require the Secretary to report to specified congressional committees on implementation of advanced determination requirements; and (10) set forth miscellaneous study and reporting requirements respecting item definitions and quality standards, supplier costs, and items treated as prosthetics devices. Subtitle B: Secondary Payer Identification and Enforcement - Amends the Social Security Act to: (1) make changes to aid the identification of Medicare secondary payer situations and the recovery of erroneous payments from primary payers; and (2) set forth miscellaneous study and reporting requirements respecting carrier recovery efforts and contractor eligibility requirements. Title II: Customs Overtime Pay Reform - Revises the overtime pay system for U.S. Customs Service inspectors. Amends the Customs Procedural Reform and Simplification Act of 1978 to require the authorization for the Customs Service to specify the maximum amount available for payment of overtime. Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to terminate reimbursement of appropriations for overtime costs. Requires a General Accounting office study and report to specified congressional committees on overtime costs. Title III: Availability And Use of Death Information Under The Old-Age, Survivors, And Disability Insurance Program - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to: (1) eliminate State restrictions on the use of death certificates to correct OASDI and other Federal benefit program information; (2) provide for the provision of Social Security Administration death information to States free of charge; and (3) restrict the use of social security account numbers by States which have not contracted to participate in the program providing for the exchange of death information. Requires an HHS study and report to specified congressional committees on improvements in gathering and reporting such information. Title IV: PBGC Report On Employers With Underfunded Plans - Requires the Pension Benefit Guaranty Corporation to submit an annual report to the Congress on employers with underfunded pension plans.
United States · United States Congress · 21 November 1991
Taxpayer Bill of Rights Act of 1991 - Title I: Additional Safeguards to Protect Taxpayers' Rights - Subtitle A: Taxpayers' Advocate - Amends the Internal Revenue Code to establish in the Internal Revenue Service (IRS) the Office of Taxpayers' Advocate, headed by the Taxpayers' Advocate, appointed by the President, by and with the advice and consent of the Senate. Requires the Office to: (1) assist taxpayers in resolving problems with the IRS; (2) identify areas in which taxpayers have problems in dealings with the IRS; (3) propose changes in the administrative practices of the IRS to mitigate such problems; and (4) identify potential legislative changes which may be appropriate to mitigate such problems. Requires the Taxpayers' Advocate to annually report to specified congressional committees on Office activities. Requires the Commissioner of Internal Revenue to establish procedures requiring a formal response to all recommendations submitted to the Commissioner by the Taxpayers' Advocate. Authorizes the terms of a Taxpayer Assistance Order to require the Secretary of the Treasury to take certain actions (currently, only to cease or refrain from taking such actions). Subtitle B: Modifications to Installment Agreement Provisions - Requires prior notification to taxpayers under an installment agreement to pay tax liability before altering, modifying, or terminating such an agreement. Provides for administrative review of denials of requests for installment agreements. Suspends the failure to pay penalty during any period an installment agreement is in effect. Subtitle C: Interest - Extends from ten days to 21 days the period for which interest will not be imposed after notice and demand for payment, if such payment is less than $100,000. Provides for the abatement of interest in the case of an assessment due to the error or delay of an IRS managerial act. Increases the interest rate for overpayment of tax from two percent to three percent (making such rate equal to the interest rate for underpayment of tax). Waives interest on all overpayments refunded within 45 days after a return is filed. Subtitle D: Joint Returns - Requires separate deficiency notices in the case of a joint income tax return if the most recent data available to the IRS shows that such spouses did not file a joint return with each other. Allows the disclosure of collection activities to an individual requesting such information in the case of a joint return where such individual is no longer married to or resides in the same household as the other joint filer. Removes limitations on filing a joint return after filing separate returns. Subtitle E: Collection Activities - Authorizes the Secretary, if it is determined to be in the best interest of the taxpayer and the United States, to: (1) withdraw a notice of a lien; (2) return property that has been levied upon; and (3) offer compromises in civil or criminal cases. Requires the Secretary, at the request of the taxpayer, to make reasonable efforts to notify credit reporting agencies and financial institutions of such withdrawal notice. Subtitle E (sic): Erroneous and Fraudulent Information Returns - Requires payee statements to provide the phone number of the person providing payment. Establishes civil damages for the fraudulent filing of information returns. Requires the Secretary to take reasonable steps to corroborate the accuracy of an information return when making a determination of a deficiency by a third party, when such return is disputed by the taxpayer. Subtitle F: Modifications to Penalty for Failure to Collect and Pay Over Tax - Declares that a person shall not be liable for any penalty for failure to collect and pay over tax if such person: (1) is not a significant owner, or highly compensated employee of the trade or business; (2) notifies the Secretary within ten days after such failure; and (3) such notification was before any notice by the Secretary with respect to such failure. Requires the Secretary to disclose certain information where more than one person is liable for a penalty. Subtitle G: Awarding of Costs and Certain Fees - Repeals the "substantially justified" test for determining whether a taxpayer may recover costs and fees incurred as part of an administrative or court proceeding. Provides for the awarding of reasonable litigation or administrative costs to a prevailing party who represents himself in an administrative or court proceeding. Makes IRS employees personally liable in certain cases. Provides that any failure to agree to an extension of time for the assessment of any tax shall not be taken into account in determining whether a prevailing party has exhausted all administrative remedies. Subtitle H: Other Provisions - Revises provisions on the required content of tax due, deficiency, and other notices. Provides for the treatment of returns prepared for or executed by the Secretary for purposes of certain tax penalties. Provides protection for taxpayers who rely on certain guidance published by the IRS. Title II: Form Modifications, Studies - Subtitle A: Form Modifications - Directs the Secretary to: (1) ensure that taxpayers are aware of permission to pay tax in installments, extensions of time for payment of tax, and compromises of tax liability; (2) improve procedures for taxpayers to notify the Secretary of changes in names and addresses; (3) include in a specified publication a section on the rights and responsibilities of divorced individuals; (4) ensure that employees are aware of their responsibilities under the Federal tax system and that the public is aware of penalties for failure to collect and pay over tax; and (5) notify taxpayers any payments that cannot be associated with any outstanding tax liability. Subtitle B: Studies - Requires the Secretary to report to the tax-writing committees on: (1) a pilot program for appeals of certain enforcement actions (including lien, levy, and seizure actions; (2) a study on ways to assist the elderly, physically impaired, foreign-language speaking, and other taxpayers with special needs to comply with IRS laws; (3) the scope and content of the IRS taxpayer-rights education program for its officers and employees; and (4) cases involving complaints about misconduct of IRS employees and the disposition of such complaints. Requires the Comptroller General to report to the tax-writing committees on: (1) a study of notices of deficiency; (2) the accuracy and clarity of 25 of the most commonly used IRS forms, notices, and publications; and (3) a study of IRS employee-suggestion programs.
United States · United States Congress · 21 November 1991
Haitian Refugee Protection Act of 1991 - Directs the President to: (1) assure the protection of Haitian nationals under U.S. control; and (2) reallocate at least 2000 federally funded FY 1992 refugee admissions to Haiti. Provides for temporary protected status for certain Haitian nationals.
United States · United States Congress · 21 November 1991
Calls upon the President, as part of the Uruguay Round General Agreement on Tariffs and Trade (GATT) talks, to initiate negotiations to make GATT compatible with the Marine Mammal Protection Act and other U.S. health, safety, labor, and environmental laws, including laws to protect the environment outside of the United States. Declares that the Congress will not approve legislation to implement any trade agreement (including the Uruguay Round of the GATT and the U.S.-Mexico Free Trade Agreement) that jeopardizes such laws, including the Federal Food, Drug, and Cosmetic Act and the Clean Air Act.
United States · United States Congress · 20 November 1991
Earned Income Credit Simplification Act of 1991 - Amends the Internal Revenue Code to revise the calculation of the earned income credit by: (1) repealing the supplemental young child credit and the health insurance credit; and (2) increasing the credit percentage of the taxpayer's earned income.
United States · United States Congress · 20 November 1991
Pacific Yew Act of 1991 - Directs the Secretaries of Agriculture and of the Interior (Secretaries) to pursue a policy to provide for: (1) the long-term conservation of the pacific yew on lands under their jurisdiction; and (2) a sustainable supply of it for medicinal purposes. Requires the Secretary concerned to ensure that timber sales awarded after the enactment of this Act and such sales completed prior to such enactment but still unharvested be conducted in a specified manner. Directs the Secretaries to establish a special task force in each of their respective Departments to ensure that the purposes of this Act are achieved through the: (1) implementation of the policy required by it; and (2) guidelines and plan developed by the Interagency Pacific Yew Committee (established later on in this Act). Requires the Secretaries to inventory pacific yew on lands under their jurisdiction. Directs the Secretaries to jointly establish an interdisciplinary Interagency Pacific Yew Committee to submit interim guidelines for the harvest, management, and conservation of the pacific yew until the Committee develops a proposed conservation and management plan for it. Requires the Secretaries to submit such plan to specified congressional committees. Sets forth requirements for the interim guidelines and the management and conservation plan. Establishes procedures for implementation of them. Directs the Secretaries to encourage and assist in research regarding the: (1) ecology of the Pacific Yew; (2) development of alternative methods of procuring taxol (a cancer-treating drug made from the pacific yew), including use of other yew parts in addition to bark, the sustainable harvest of yew needles, and the use of other yew species; and (3) propagation of Pacific Yew and other yew species in agricultural or commercial settings. Directs the Secretary concerned to ensure: (1) development, implementation, and enforcement of processes for the collection and sale of Pacific Yew resources to minimize the illegal harvest and sale of them; and (2) timely access to Pacific Yew resources so that collection of Pacific Yew parts can occur before the taxol properties of such parts are degraded. States that nothing in this Act shall be interpreted as modifying the provisions of the Endangered Species Act. Directs the Secretaries concerned to report with recommendations to specified congressional committees on ways to increase the harvest of Pacific Yew if sufficient amounts of it cannot be harvested in compliance with this Act and other Federal law to supply the necessary amounts of taxol required for medicinal purposes.
United States · United States Congress · 20 November 1991
Medicare Cancer Coverage Improvement Act of 1991 - Amends title XVIII (Medicare) of the Social Security Act to cover: (1) any use of a drug in an anticancer chemotherapeutic regimen if such use has been approved by the Food and Drug Administration, published in peer-review medical literature, or included in one or more of three specified medical compendia; and (2) an oral form of a drug prescribed for such a use in an anticancer chemotherapeutic regimen if the drug contains the same active ingredients as a drug that would be covered if administered as incident to a physician's service. Requires a study and report to specified congressional committees on Medicare coverage of patient care costs associated with clinical trials of new cancer therapies.
United States · United States Congress · 20 November 1991
Educators' and Drug-Exposed Children's Assistance Act - Amends the Individuals with Disabilities Education Act to establish a program authorizing the Secretary of Education (the Secretary) to make supplemental grants to States for demonstration programs regarding certain drug-exposed infants, toddlers and children. Sets conditions for such grant assistance. Authorizes appropriations. Amends the Public Health Service Act to require certain national clearinghouse activities relating to drug-exposed children. Directs the Secretary, in conjunction with such clearinghouse activities to provide consultation and technical assistance to educational personnel regarding educational needs of drug-exposed children and recommend effective strategies for assisting such children. Authorizes appropriations. Authorizes the Secretary to make grants to schools of education at institutions of higher education for development, and instruction in the use of curricula and instructional materials that provide teachers and other personnel with effective strategies for educating drug-exposed children. Gives priority to schools located in or near communities with large numbers or rates with respect to drug abuse problems or drug-exposed infants or preschool or school children. Sets conditions for such grant assistance. Authorizes appropriations.
United States · United States Congress · 19 November 1991
Toy Injury Reduction Act - Directs the Consumer Product Safety Commission (CPSC) to issue a regulation requiring cautionary labeling warning of any dangers: (1) for any children's toy or other article intended for use by children age three to six (or such other upper age as the CPSC may determine) which is manufactured or offered for sale, or distributed in commerce in the United States, and includes a small part as defined by the CPSC; and (2) for any balloon, game or skill intended for children age three or older which contains or consists of small balls, or any marble intended for children in such age range which is manufactured or offered for sale or distributed in commerce in the United States. Requires that all labeling required under such a regulation: (1) be prominently and conspicuously displayed on the packaging of the toy or other article or balloon, game of skill, or marble (toy) and on any descriptive materials which accompany the toy; (2) be visible and noticeable; and (3) include the word "WARNING" in capital letters. Authorizes the CPSC to use any remedy available to it under the Federal Hazardous Substances Act to enforce the requirements of such regulations. Directs the CPSC to issue a regulation to make balls which are intended for children under age three and which are less than a minimum size (prescribed in the regulation) a banned hazardous substance. Requires the CPSC to issue reglations under this Act by January 1, 1993.
United States · United States Congress · 19 November 1991
National Fallen Firefighters Foundation Act - Establishes the National Fallen Firefighters' Foundation. Declares that the Foundation is: (1) a charitable and nonprofit corporation to be organized under the laws of the State of Maryland; and (2) not an agency or establishment of the United States. Provides that the Foundation is to: (1) primarily encourage, accept, and administer private gifts of property for the benefit of the National Fallen Firefighters' Memorial and its annual memorial service; (2) provide financial assistance to the families of firefighers who die in the line of duty; and (3) assist in the recognition of such firefighters. Sets forth provisions for establishment and membership of a Board of Directors of the Foundation. Makes the Administator of the U.S. Fire Administration of the Federal Emergency Management Agency an ex officio nonvoting member of the Board, who shall appoint Directors of the Board. Sets forth rights and obligations of the Foundation, including having its principal offices in the State of Maryland. Authorizes the Administrator to: (1) provide, and accept reimbursements for, personnel, facilities, and other administrative services to the Foundation; and (2) accept the services of the Foundation, the Board, and the Board's officers and employees as volunteers in performing functions authorized under this Act. Sets forth requirements relating to audits and annual reports. Provides for relief for certain Foundation acts or failures to act. Provides that the United States is not liable for any debts, defaults, acts, or omissions of the Foundation. Authorizes appropriations.
United States · United States Congress · 18 November 1991
Children of Substance Abusers Amendments Act - Title I: Services for Children of Substance Abusers - Amends the Public Health Service Act to direct the Secretary of Health and Human Services, through the Administrator of the Health Resources and Services Administration, to make grants for the Federal share of the cost of community outreach services and services for children of substance abusers. Sets forth program requirements, including providing comprehensive services for the entire family. Sets forth requirements regarding: (1) the distribution of grants among specified types of entities; and (2) information and assurances which must be included in grant applications. Sets the Federal share at 90 percent. Authorizes appropriations. Provides for grants for the training of professionals and other staff who provide services to, or come in contact with, children and families of substance abusers. Requires the Administrator to identify the training needs of such professionals and other staff and develop a strategy for satisfying the needs. Prescribes the uses of the grant funds. Authorizes appropriations. Title II: Home-Visiting Services for At-Risk Families - Directs the Secretary to make competitive three- to five-year grants for the Federal share of the costs of home visiting services, including help in obtaining health and social services. Sets forth priorities in awarding grants and information and assurances which must be included in grant applications. Sets the Federal share at 90 percent. Authorizes appropriations.
United States · United States Congress · 18 November 1991
Expresses the sense of the House of Representatives that: (1) there is a need for the development of a comprehensive, coordinated strategy to encourage investment in human and material resources, to harness our inventive genius to the marketplace, to secure the education and training of a competitive citizenry and workforce, and to stimulate cooperative efforts between the private and public sectors at all levels of business, education, and government; and (2) such a strategy will help the United States achieve its goal of being the strongest Nation on Earth economically and militarily, so that it remains the greatest Nation in support of human dignity, freedom, and democratic ideals.
United States · United States Congress · 14 November 1991
Disability Determination Accuracy Act of 1991 - Revises the disability determination process under titles II (Old Age, Survivors and Disability Insurance) and XVI (Supplemental Security Income) of the Social Security Act, with changes including a requirement that disability claimants must be examined by a qualified medical professional prior to an initial determination of disability by State Disability Determination Service workers.
United States · United States Congress · 13 November 1991
National Commission on the Environment and National Security Act - Establishes a National Commission on the Environment and National Security to study the changing nature of U.S. national security and new environmental threats to natural and ocean resources and the atmosphere. Directs the Commission to report on such study and make specific recommendations with respect to: (1) new national security priorities in light of new environmental threats and global political changes; (2) additional Federal funding required to respond to such threats; and (3) possible institutional changes in the executive and legislative branches to ensure that environmental threats receive adequate priority in the national security policies and budgetary allocations of the United States.
United States · United States Congress · 12 November 1991
Amends the Internal Revenue Code to extend for one year the following expiring provisions: (1) the credit for increasing research activities; (2) the targeted jobs credit; (3) the tax exclusion for employer-provided educational assistance; (4) the authority to issue qualified small issue bonds to finance manufacturing facilities and farm property; (5) the itemized deduction for health insurance costs of self-employed individuals; (6) the authority to issue mortgage revenue bonds and mortgage credit certificates; (7) the rules on allocating research and experimental expenditures in determining income from sources within or without the United States; (8) the low-income housing credit; (9) the energy investment credit for solar and geothermal property; (10) the credit for clinical testing expenses for certain drugs for rare diseases or conditions; (11) the minimum tax exception for gifts of appreciated tangible property; and (12) the tax exclusion for employer-provided group legal services plans.
United States · United States Congress · 12 November 1991
Justice for Wards Cove Workers Act - Amends the Civil Rights Act of 1991 to remove a provision excluding from application of the Act any disparate impact case filed before March 1, 1975, and decided after October 30, 1983. (Wards Cove Packing Co. Inc. v. Atonio, 1989, held that, in cases brought under Title VII of the Civil Rights Act, the burden is on the plaintiff to prove an employer had no business necessity for a practice with discriminatory effects.)
United States · United States Congress · 7 November 1991
Budget Process Reform Act of 1991 - Amends the Congressional Budget Act of 1974 to: (1) eliminate the division of discretionary appropriations into three categories (defense, international, and domestic) for purposes of discretionary spending limits for FY 1993; and (2) consolidate them into a single limit for budget authority and outlay. Directs the Office of Management and Budget to recalculate any adjustments made to such spending limits before enactment of this Act under the sequestration provisions of the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Requires the President to report revised discretionary spending limits for FY 1993 to the Congress by the fifth day after enactment of this Act.
United States · United States Congress · 7 November 1991
Middle Class Tax Relief and Fairness Act of 1992 - Title I: Credit for Portion of Social Security Taxes - Amends the Internal Revenue Code to allow a credit for 20 percent of a taxpayer's social security taxes, limited to $200 ($400 in the case of a joint return) and applicable to years beginning after December 31, 1991, and before January 1, 1994. Title II: Revenue Increases - Subtitle A: Increase in Top Marginal Individual Income Tax Rates - Lowers the tax rates for certain taxpayers and increases the tax rate for certain higher incomes. Increases the tentative minimum tax for taxpayers other than corporations. Subtitle B: Surtax on Individuals With Incomes Over $1,000,000 - Imposes a surtax on incomes in excess of $1,000,000, including estates and trusts. Title III: Budget Provisions - Provides that any change in outlays or receipts resulting from this Act shall not be considered for any purpose under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act).
United States · United States Congress · 7 November 1991
Repeals a Federal provision prohibiting the payment of any disability compensation to an incompetent veteran having neither spouse, child, nor dependent parent until the value of such veteran's estate is reduced to less than $10,000. Presumes a veteran to be permanently and totally disabled if such person is 65 years of age or older or becomes unemployable after age 65. Restores the full permitted monthly pension (currently limited to $90) for veterans having neither spouse nor child and receiving Medicaid-covered nursing home care. Provides that the remarriage of a surviving spouse of a veteran shall not eliminate the right of such former spouse to survivors' benefits if the remarriage is terminated or dissolved by a divorce court unless the Secretary of Veterans Affairs determines that the divorce was secured through fraud or collusion by the surviving spouse. Provides the same restoration of survivors' benefits eligibility for a veteran's child who marries when such marriage is later terminated or properly dissolved without fraud or collusion. Repeals a Federal provision requiring a minimum copayment for medication received for a non-service-connected disability by a veteran with a service-connected disability rated at less than 50 percent. Authorizes the Secretary, to the extent that resources and facilities are available, to furnish hospital and nursing home care needed by a veteran for a non-service-connected disability if the veteran's income falls below a prescribed level. Authorizes the Secretary to furnish such care for a non-service-connected disability to a veteran who is not otherwise eligible for such care if the veteran agrees to pay a minimum amount for such care. Provides that a veteran may not be required to make a payment for outpatient services furnished during any 90-day period to the extent that such payment would cause the total amount paid by the veteran for outpatient medical services to exceed the amount of the inpatient Medicare deductible in effect on the first day of such 90-day period. Revises the income thresholds used to determine whether a veteran is required to make payments for services when such veteran is not otherwise eligible for such services. Entitles all veterans with a service-connected disability (currently, only those veterans with a service-connected disability rated at 20 percent or more) to the basic veterans' educational assistance entitlement. Repeals a Federal provision requiring a specified percentage increase in the veterans' housing loan fee for loans closed between November 1, 1990, and September 30, 1991. Authorizes the Secretary, in lieu of furnishing a headstone or grave marker, to reimburse a person for the cost of acquiring a non-Government headstone or marker for placement in any cemetery other than a national cemetery in connection with the burial of a deceased veteran. Restores the plot allowance for veterans buried in a cemetery other than a national cemetery. (Currently, veterans whose eligibility for benefits is based on being a veteran of any war may not receive such plot allowance if they choose not to be buried in a national cemetery.) Authorizes the Secretary to pay up to $400 (currently $300) for burial and funeral expenses for a veteran who dies of a service-connected disability. Repeals provisions requiring: (1) payment of such benefit for any veteran who was in receipt of pension; and (2) that, before such payment is made, the Secretary determines that there is no next of kin or other person claiming the body of the deceased veteran and that there are insufficient resources from the veteran's estate to cover such expenses. Increases from $150 to $300 the plot allowance authorized to be paid by the Department for veterans who die in a Department facility.
United States · United States Congress · 7 November 1991
Commends the film industry for its commitment to making films more accessible to the hearing-impaired. Urges such industry to continue to make the development of open-captioning and other technology to aid the hearing-impaired an integral part of the film production and distribution process. Encourages: (1) filmmakers to produce and distribute versions of some films that are open-captioned or have advanced amplification systems; and (2) movie theatres to have at least some preannounced screenings of versions of featured films that are open-captioned.
United States · United States Congress · 1 November 1991
Statewide Substance Abuse Assessment Amendments Act - Amends the Public Health Service Act to authorize appropriations to carry out this Act. Prohibits block grant payments to a State unless the State carries out specified assessments, as determined appropriate by the Secretary of Health and Human Services, relating to drug abuse incidence and the availability of, as compared to demand for, treatment services. Mandates grants to States to carry out the assessments. Prohibits interpreting provisions relating to alcohol and drug abuse and mental health block grants as authorizing delegating to States the primary responsibility for interpreting the provisions. Prohibits giving any legal effect to related Federal regulations.
United States · United States Congress · 31 October 1991
Makes the first Tuesday after the first Monday in November in each even numbered year a legal public holiday known as Democracy Day (exept for purposes of statutes relating to pay and leave of Federal employees).
United States · United States Congress · 30 October 1991
Nonproliferation and Export Control Act of 1991 - Directs the President to use the authorities of the Export Administration Act of 1979 to control the export of goods and technology that would assist the government of any foreign country in acquiring the capability to develop, produce, stockpile, deliver, or use chemical or biological weapons. Amends the Export Administration Act of 1979 to require the Secretary of Commerce, in consultation with the Secretary of State and the Secretary of Defense and the heads of other appropriate departments and agencies, to establish and maintain a list of goods and technology that would directly and substantially assist a foreign government or group in acquiring the capability to develop, produce, stockpile, or deliver chemical or biological weapons, the licensing of which would be effective in barring acquisition or enhancement of such capability. Requires a validated license for any export of goods or technology on the list to any country of concern. Provides that a determination of the Secretary of Commerce to approve such an export license for chemical, biological, or nuclear items may be made only after consultation with the Secretary of Defense and the Secretary of State for a period of 20 days. Requires the participation of the Secretary of State before the approval of export licenses for missile equipment or technology. Requires the participation of the Secretary of Defense and the Secretary of State in decisions concerning the list of goods and technology subject to export controls (control list). Provides for withholding license application information from public disclosure before the determinations to approve or deny such applications are made. Provides for the sharing of export control information with departments and agencies with enforcement responsibilities.
United States · United States Congress · 29 October 1991
1996 Atlanta Centennial Olympic Games Commemorative Coin Act - Provides for the minting and sale of commemorative gold and silver coins to support the 1996 Atlanta Centennial Olympic Games and the programs of the United States Olympic Committee.
United States · United States Congress · 29 October 1991
Amends the Public Health Service Act to give, to States adopting measures relating to medical malpractice liability that give incentives to health care providers to provide services to individuals unable to pay, priority for assistance under provisions relating to: (1) migrant and community health centers; and (2) health services for the homeless and residents of public housing. Amends the Stewart B. McKinney Homeless Assistance Act to give priority to such States for assistance under provisions relating to: (1) comprehensive homeless assistance plans; and (2) discretionary allocations for urgent needs of homeless persons.
United States · United States Congress · 24 October 1991
Authorizes the Air Force Association to establish a memorial on Federal land in the District of Columbia or its environs to honor the men and women who have served in the U.S. Air Force.
United States · United States Congress · 24 October 1991
Unremunerated Work Act of 1991 - Directs the Commissioner of the Bureau of Labor Statistics to: (1) conduct time use surveys of unremunerated work performed in the United States (including household, agricultural, and volunteer work and work related to child care and other care services, food production, and family businesses); and (2) calculate the monetary value of such unremunerated work, separately for men and women, and include such value in statistics used to determine the gross national product.
United States · United States Congress · 24 October 1991
Nuclear Testing Moratorium Act - Prohibits the Secretary of Energy from conducting any explosive nuclear weapons test during the one-year period following the enactment of this Act unless the President certifies to the Congress that the Soviet Union has conducted such a test during such period.
United States · United States Congress · 22 October 1991
Family Preservation Act of 1991 - Title I: Child Welfare Services - Amends part B (Child Welfare Services) of title IV of the Social Security Act to convert the Child Welfare program from an authorization to a capped entitlement program. Requires maintenance of State effort under such program. Sets forth a new formula for allotments to States under such program. Repeals provisions for incentive payments to States which maintain a foster care inventory, information system, and case review system, but requires States to provide such protections and other services designed to keep families together or reunify them, or to place children for adoption, with a legal guardian, or in some other planned, permanent living arrangement. Requires States to submit the following types of reports on child welfare services and expenditures: (1) pre-expenditure reports; (2) post-expenditure reports; and (3) comparative financial contributions reports. Requires the Secretary of Health and Human Services (HHS) to annually transmit to specified congressional committees a summary of the information contained in such comparative financial contributions reports. Requires such information to be made available to the public. Reserves funds for entitlement grants to States to plan for and provide child welfare services designed to strengthen and preserve families. Requires use of part of such funds to develop or expand specialized child welfare services programs for families in crisis due to substance abuse that: (1) emphasize comprehensive services geared to the whole family; and (2) support or expand availability of programs for pregnant women and programs that allow mothers (and other caretaker relatives) to reside with their children while receiving services or treatment. Requires uses of the remaining part of such funds to develop or expand: (1) service programs to help children, where appropriate, return to families from which they have been removed, or be placed for adoption, with a legal guardian, or in some other planned, permanent living arrangement; (2) preplacement preventive services programs to help children at risk of foster care placement to remain with their families; or (3) service programs for follow-up care for families to whom a child has been returned after a foster care placement. Reserves funds for grants to State court systems to assess and improve procedures in child welfare cases, in carrying out the Child Welfare Services program and part E (Foster Care and Adoption Assistance) of title IV of the Social Security Act. Sets forth application requirements and formulas for determining the amount of such grants for FY 1993 through 1997. Directs the Secretary of HHS to submit interim and final reports to the Congress on the information obtained from assessments conducted with such grants and the impact of such grant programs on State court procedures and functions. Requires each State to periodically compile a detailed directory of programs designed to keep families together or reunify them or place children permanently, identifying which of such programs provides specialized child welfare services to families in crisis due to substance abuse. Requires States to report on measures taken to comply with the Indian Child Welfare Act. Title II: Foster Care and Adoption Assistance - Amends title IV (Grants to States for Aid and Services to Needy Families with Children and for Child Welfare Services) of the Social Security Act to add a new part C, Comprehensive Service Projects, to grant States flexibility and resources to develop comprehensive and coordinated services designed to: (1) preserve and strengthen families with children at risk of placement outside their homes; (2) reunite children with their families expeditiously if an out-of-home placement is found to be necessary; and (3) place children in adoptive homes or other permanent arrangements in a timely fashion if reunification with their families is not appropriate. Permits any State to apply to the Secretary of HHS for permission to: (1) conduct a comprehensive service project in a selected area or areas; and (2) suspend certain child welfare services and foster care and adoption assistance requirements with respect to State activities in such area or areas during the project. Sets forth application requirements and administrative provisions for such projects. Prohibits the Secretary of HHS from requiring as a condition of approval of a project application: (1) the State to select any area or areas in which to conduct the project; or (2) the project to comply with any requirements not specified in the project authorization. Sets forth those requirements with which such a project must comply. Provides for determining the expenses for which a State might properly seek reimbursement, for purposes of calculating such grant amount. Authorizes the Secretary of HHS to increase such grant amount, to the extent appropriate, by taking specified factors into account. Sets forth requirements for notification to States of grant amounts, and for grant payments in equal quarterly installments. Prohibits a State from carrying out such a project in a manner that impairs the entitlement of any child to: (1) the foster care benefits he or she would have received if the Secretary had approved the State plan for the fiscal year and had not authorized the State to conduct such a project; or (2) any other benefit to which the child is legally entitled. Deems a State to have in effect an approved foster care and adoption assistance plan during the period in which it conducts such a project for purposes of State plan requirements under part A (Aid to Families with Dependent Children) (AFDC) of title IV of the Social Security Act. Requires States to report annually on funds expended under such projects to the Secretary of HHS and the Advisory Commission on Children and Families. Provides for administrative remedies for unsuccessful projects. Provides for project termination. Requires a State to discontinue the project at the end of a fiscal year: (1) if it has notified the Secretary that it intends to do so; or (2) if the Secretary has determined for the fiscal year that the State is not conducting the project in accordance with requirements and is not making satisfactory progress toward achieving the State plans, and the Secretary does not plan to pursue an administrative remedy with respect to the project. Makes abandoned children entering foster care eligible for foster care maintenance payments. Makes the adoptive parents of any such child with respect to whom foster care maintenance payments may be made eligible for adoption assistance payments. Makes technical revisions in the foster care maintenance payments program and the adoption assistance program to expand the removal from home requirement to include removal from legal custody. Provides for retroactive application of such new requirement under the adoption assistance program. Makes children whose adoption has been set aside by a court eligible for foster care maintenance payments. Makes the adoptive parents of any such child with respect to whom foster care maintenance payments may be made eligible for adoption assistance payments. Establishes a respite care program for foster parents with children who have special needs. Limits the expenses eligible for reimbursement under such program. Expands the definition of children with special needs, for purposes of the adoption assistance program, to include: (1) those children for whom information is known and available about their genetic or social history indicating a high risk of medical conditions or physical, mental or emotional handicaps (which makes it reasonable to conclude they cannot be placed for adoption without providing part E adoption assistance or Medicaid (title XIX of the Social Security Act) medical assistance; and (2) those children that have been adopted, that were under the care and responsibility of the State agency responsible for administering the State's part E programs prior to being adopted, and that have a mental, physical, or emotional handicap that either existed before the adoption but was not diagnosed until afterwards or first manifests itself after the adoption but is congenital or was caused beforehand. Includes relatives (as well as foster parents) who are prospective adoptive parents and with whom the child has significant emotional ties while in their care for purposes of an exception to the requirement that an effort be made to place special needs children with appropriate adoptive parents without providing adoption assistance or Medicaid assistance. Requires each State to submit to the Secretary of HHS the factors and conditions it uses to identify children with special needs, for purposes of the adoption assistance program, and any modifications to such factors and conditions. Directs the Secretary of HHS to establish an Advisory Committee on Foster Care Placement to study and report to the Secretary and the Congress on the implementation of specified requirements, under State plans for foster care and adoption assistance, that reasonable efforts be made: (1) prior to placement of a child in a foster home, to prevent or eliminate the need for removal of the child from the child's home; and (2) to make it possible for the child to return to the child's home. Provides Federal coverage of 90 percent of State costs in developing and installing statewide mechanized data collection and information retrieval systems which: (1) the Secretary determines are likely to enhance the administration of such programs; (2) are capable of interfacing with the State data collection system for information on child abuse and neglect; and (3) meet other specified requirements. Covers 50 percent of State costs for operation of such systems. Provides that all State expenditures for development, installation, and operation of such systems shall be treated as necessary for proper and efficient administration of the State plan, without regard to whether the systems may be used with respect to foster or adoptive children other than those on behalf of whom payments may be made for foster care maintenance or adoption assistance. Reduces, after three years, from 90 to 50 percent the Federal matching payment for development and installation of such systems. Defers a deadline for implementation of automated systems until one year after certain regulations are promulgated. Directs the Secretary to establish a work group, including representatives of specified organizations, to advise on planning and implementation of the system to be used for collection of data relating to adoption and foster care in the United States. Requires the State plan to provide for: (1) a triennial review of the amounts paid as foster care maintenance payments and adoption assistance to assure their continuing appropriateness; and (2) a report to the Secretary of HHS on the results. Requires that the dispositional hearing to determine the final status of a foster child: (1) occur within 12 months of his or her original placement, rather than the current 18 months; (2) determine and document the measures needed to enhance the likelihood of making the child legally eligible for adoption and of finding an adoptive home for the child, if the hearing determines that the child should be placed for adoption, and the specific measures which have been or need to be taken to make an adoptive placement or a finding that placement of the child in an adoptive family would be inappropriate, if the child is legally eligible for adoption. Revises the time frame for judicial determinations on voluntary placements. Sets forth case plan requirements for placement of children in out-of-State foster care, including a finding that the child needs services not available in the State. Requires annual review, with the child present, of the status of children in out-of-State foster care placements. Requires States to collect data on the numbers of children in out-of-State foster care placements. Requires a State, in order to receive payments for expenditures after FY 1994 for foster care maintenance payments made with respect to children placed in foster care outside the State, to conduct and submit a study to the Secretary of HHS, by the end of such fiscal year, identifying the number and common characteristics of such children and the reason why they were not placed in foster care in the State. Sets forth provisions with respect to the treatment of assets of youth participating in the independent living program. Eliminates the ceilings on Federal foster care payments to States and the States' authority to transfer unused foster care funds to the Child Welfare Services program. Directs the Secretary of HHS to: (1) establish an advisory committee; and (2) issue final regulations for training of staff of agencies responsible for administering foster care and adoption assistance programs and for training of foster and adoptive parents. Requires such committee to include representatives of public agencies and nonprofit organizations with an interest in child welfare. Directs the Secretary to annually publish information, on a State-by-State basis, on expenditures for, and the operation of, the Child Welfare Services program, the Foster Care and Adoption Assistance program, and Comprehensive Service Projects. Amends title IV of the Social Security Act to add a new part G, Child Welfare Review System. Directs the Secretary of HHS to establish such system to: (1) review each State child welfare program to assess whether the requirements of such Act are being carried out; (2) impose financial penalties in cases of substantial failure to comply; and (3) provide technical assistance to any such program. Requires the Secretary to complete such a review for each State program not less frequently than once every three years. Sets forth provisions relating to effects of noncompliance, suspension and recision of financial penalties, and administrative and judicial review. Requires that all State child welfare programs be reviewed at least once by the end of FY 1997. Prohibits the Secretary from reducing or withholding any payment or seeking any repayment from any State under part B or E by reason of a determination made in connection with specified reviews or audits for certain periods. Prohibits suspension of payments with respect to any claim for reimbursement 30 days after the Secretary of HHS receives the quarterly statement of expenditures that contains the report of the claim. Provides that within ten months after the Secretary takes any action to suspend payment with respect to such a claim, the Secretary shall: (1) determine the allowability of the claim; or (2) if unable to make such a determination, make payment with respect to the claim, subject to a later determination of allowability. Title III: Emergency Assistance - Amends the AFDC program to require States to provide emergency assistance to needy families with children, including services designed to prevent homelessness. Title IV: Social Services Block Grant - Amends title XX (Block Grants to States for Social Services) of the Social Security Act to authorize increased appropriations at specified levels under such program for FY 1993 through 1996 and at levels indexed to increases in the Consumer Price Index thereafter. Provides for the allocation to tribal organizations of program funds otherwise allotted to the State in which the Indians represented by such organization reside. Title V: Research, Demonstration, and Evaluation Activities - Amends part A (General Provisions) of title XI (General Provisions and Professional Standards Review) of the Social Security Act to require the Director of the Office of Technology Assessment (OTA) to establish an Advisory Commission on Children and Families (the Commission). Requires the Commission to collect and assess specified types of information in order to identify cost-effective approaches to protect and enhance the physical, mental, emotional, and financial well-being of children and their families. Directs OTA to report annually to the Congress on the Commission and its assessment. Requires the Commission to conduct, through contracts with independent research organizations, the following research and evaluation projects: (1) an evaluation of child welfare service programs, including intensive family preservation programs; (2) foster care evaluations; (3) longitudinal child welfare data bases, and studies of child welfare population dynamics; and (4) comprehensive service projects evaluations. Requires the Commission to conduct a study concerning child separation guidelines. Directs the Secretary of HHS to conduct the following research and evaluations: (1) a study (under contract with an independent research organization) to assess the prevalence and nature of risks to the safety of employees of child welfare systems; and (2) a three-year study (under contract with an organization with demonstrated appropriate experience) to examine methodologies for measuring the workloads of providers of child welfare services and community mental health services. Directs the Secretary of HHS to authorize child welfare demonstration projects concerning each of the following: (1) abandoned infants' permanent placement; (2) termination of parental rights; (3) child welfare worker training in U.S. areas that border on Mexico; (4) staff recruitment and retention; and (5) joint training for staff of child welfare, mental health, and juvenile justice agencies. Directs the Secretary of HHS to authorize demonstration projects to test the feasibility of eliminating income and resource requirements respecting foster care and adoption assistance payments. Directs the Secretary of HHS to provide technical assistance to States for: (1) interpreting and implementating parts B, C, and E; (2) disseminating information on innovative child welfare agencies; (3) correcting problems identified through Federal audits and reviews and carrying out corrective action plans under part E; (4) implementing the foster care and adoption data collection system; and (5) addressing other matters identified by such Secretary. Title VI: Miscellaneous Human Resources Amendments - Amends the AFDC program to give States the option of using retrospective budgeting without monthly reporting under AFDC. Increases the amount of stepparent income disregarded under AFDC. Amends the Family Support Act of 1988 to extend demonstration projects for evaluating model procedures for reviewing child support awards. Amends the Omnibus Budget Reconciliation Act of 1989 and the Omnibus Budget Reconciliation Act of 1990 to make technical corrections relating to human resource and income security provisions. Repeals the technical amendment made by the Omnibus Budget Reconciliation Act of 1990 with respect to the National Commission on Children. Title VII: Budget Compliance Provisions - Specifies the applicable cost estimate of this Act for purposes of the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). States that the conversion by this Act of the Child Welfare program from an authorization to a capped entitlement program shall not be treated as a change in concept or definition under the Gramm-Rudman-Hollings Act.
United States · United States Congress · 22 October 1991
Amends the Immigration and Nationality Act to limit citizenship at birth to persons born in the United States to a mother who is a U.S. legal resident.