United States · United States Congress · 2 August 1991
Income-Dependent Education Assistance Act of 1991 - Establishes the income-dependent education assistance (IDEA) program of supplemental direct higher education student loans in which a borrower's annual repayment obligation is dependent upon both postschool income level and borrowing history. Title I: System for Making Income-Dependent Education Assistance Loans - Directs the Secretary of the Treasury to: (1) make IDEA loans to eligible students in accordance with this title; and (2) establish an account for each IDEA loan borrower and collect repayments on such loans using the income tax collection system under specified Internal Revenue Code provisions added by title II of this Act. Sets forth provisions for the terms and enforcement of IDEA program agreements between the Secretary of Education and eligible institutions. Sets forth provisions for the amounts and terms of IDEA loans. Sets annual limits on the amounts of such loans to various categories of students. Sets a limitation on individual borrowing capacity, with adjustments for inflation and with consideration of any outstanding student loan obligations. Limits the duration of individual eligibility for such loans. Sets forth requirements for: (1) agreements to the terms of such loans; and (2) disbursement of the proceeds of such loans. Sets forth the responsibilities of eligible institutions and of the Secretary of the Treasury for certain information requirements relating to the IDEA loan program. Sets forth provisions for interest charges on such loans. Requires such charges to be added to the recipient's obligation account at the end of each calendar year. Bases such charges on an interest rate equal to the lesser of: (1) ten percent; or (2) the sum of the average bond equivalent rates of 91-day Treasury bills auctioned for the previous year, plus two percentage points, rounded to the next higher one-eighth of one percent. Provides for conversion and consolidation of certain other types of student loans as IDEA loans. Authorizes the Secretary of the Treasury, upon request of borrowers who have received federally insured or guaranteed loans under specified provisions of the Higher Education Act of 1965 (HEA) (Stafford loans) or of the Public Health Service Act (PHSA) (HEAL loans), to make new IDEA loans to such borrowers which are equal to the sum of the unpaid principal of those other loans and which discharge the liability on those other loans. Provides for mandatory conversion of certain defaulted student loans to IDEA loans. Requires IDEA collection treatment of any loan made, insured, or guaranteed under specified provisions of HEA or PHSA after enactment of this Act which is assigned after default for collection by the Secretary of Education or the Secretary of Health and Human Services. Directs such Secretaries to notify: (1) the Secretary of the Treasury of the need to establish or adjust an IDEA account for such loan's borrower; and (2) the borrower of the conversion of the defaulted loan to an IDEA loan and the procedures for collection under the income tax system. Terminates the authority to make additional loans under the HEA programs of supplemental loans for students (SLS) and direct loans to students in institutions of higher education, for any academic year beginning after the date regulations are prescribed by the Secretaries of Education and the Treasury to carry out this title. Directs the Secretary of Education to study and report to the Congress on the effects of the IDEA program on participating institutions' tuition rates and accrediting and licensure standards. Authorizes appropriations to: (1) make distributions of IDEA loan funds to eligible institutions; and (2) administer and carry out this title. Bases student eligibility for IDEA loans on their eligibility for student assistance under specified HEA provisions and their carrying at least one-half the normal full-time academic workload. Title II: Collection of Income-Dependent Education Assistance Loans - Amends the Internal Code to add provisions for the collection of IDEA loans. Directs the Secretary of the Treasury to notify each IDEA loan borrower of their yearly repayment obligation. Sets forth formulas for computation of the annual IDEA loan repayment amount. Makes such amount equal to the lesser of: (1) 20 percent of the excess of the modified adjusted income of the taxpayer for such taxable year over the standard deduction and exemption (twice for joint returns); or (2) the product of a base amortization amount and a progressivity factor based on the taxpayer's modified adjusted gross income. Defines "base amortization amount" as the amount which, if paid at the close of each year for 12 consecutive years, would fully repay (with an eight-percent annual interest rate) the maximum account balance of the borrower. Sets forth progressivity factor tables for various types of taxpayers. Provides that, in general, the repayment obligation of an IDEA loan borrower shall terminate only if there is repaid: (1) in the case of any repayment during the first 12 years for which the borrower is in repayment status, the principal plus interest at an annual rate equal to the otherwise applicable rate plus two and one-half percent; and (2) in the case of any repayment during any subsequent year (or in the case of loans under $3,000 repaid during the first 12 years), the principal plus interest at applicable rates. Requires no repayment after 25 years in repayment status. Sets forth provisions for the determination of years in repayment status. Sets forth the requirements for payment of the amount owing. Directs the Secretary of the Treasury to assess and collect any unpaid amount in the same manner as for any delay in the payment of income tax. Provides for discharge, by the Secretary of Education, of the IDEA loan liability of any borrower who dies or becomes permanently and totally disabled. Provides for crediting of amounts paid on a joint return. Sets forth formulas for computation of an alternative annual payment for individuals who have attained age 55. Provides for inflation adjustment in the computation of the progressivity factor. Provides that, in general, an IDEA loan shall not be dischargeable in a case of bankruptcy, but authorizes the Secretary of the Treasury to postpone certain portions of the loan liability in such cases. Makes specified provisions relating to finality of assessment and collection applicable to such loans. Includes the amount required to be repaid for IDEA loan under amounts listed under requirements relating to failure by an individual to pay estimated income tax. Requires individuals who are obligated to make IDEA loan repayments to file income tax returns for the applicable years.
United States · United States Congress · 2 August 1991
Federal Prison Industries Competition in Contracting Act - Amends the Federal criminal code to require that: (1) a decision by Federal Prison Industries (FPI) to produce a new prison-made product or to expand the production of an existing product be made by the Board of Directors of FPI (the Board) in conformance with the public notice and comment requirements of the Administrative Procedure Act; and (2) the corporation prepare and furnish to the Board a detailed analysis of the probable impact on industry and free labor of any proposal to authorize the production and sale of a new prison-made product or to expand production of a currently authorized product (such proposal). Requires such analysis to identify and consider factors including: (1) the number of vendors that currently meet Federal requirements for the specific product; (2) the proportion of the Federal market for the product currently furnished by small and disadvantaged businesses and businesses in labor surplus areas during the previous three fiscal years; (3) the share of the Federal market for the product projected for FPI for the fiscal year in which production will commence (or expand) and the subsequent three fiscal years; (4) whether the industry producing the product in the private sector has an unemployment rate higher than the national average, a rate of employment for production workers that has consistently shown an increase during the previous five years, or has an import to domestic production ratio of 25 percent or greater; (5) whether the specific product is an import-sensitive product; (6) the projected growth in the Government for the specific product and the capability of such demand to sustain both FPI and private vendors; and (7) whether authorizing the production of the new product will provide inmates with the maximum opportunity to acquire knowledge and skill in trades and occupations that will provide them with a means of earning a livelihood upon release. Bars the Board from approving such proposal if the product is: (1) produced in the private sector by an industry which has reflected during the previous year an unemployment rate above the national average; or (2) an import-sensitive product. Directs the Board to: (1) give additional notice of such proposal in a publication designed to most effectively provide notice to private vendors and labor unions representing private sector workers who could reasonably be expected to be affected by approval of such proposal; (2) solicit comments on the analysis required under this Act from trade associations representing private sector workers who could reasonably be expected to be affected by its approval; and (3) afford an opportunity, upon request, for a representative of private industry to present comments on such proposal directly to the Board. Requires the corporation to provide the Board with its recommendations regarding action on the proposal, taking into consideration the comments received. Requires: (1) the various Federal departments and agencies (agencies) to offer to purchase from FPI any product authorized to be offered for sale and listed in the UNICOR Schedule of Products (whenever it has a requirement for an FPI product); and (2) FPI to publish and periodically revise such Schedule. Sets forth provisions with respect to the solicitation of offers from FPI and contract awards to FPI on either a competitive or sole source basis. Prohibits the cancellation or withdrawal of a solicitation solely for the purpose of affording an agency buying activity the opportunity to enter into noncompetitive negotiation with FPI unless the Attorney General determines that FPI cannot reasonably expect to receive the contract award on a competitive basis and that such award is necessary to: (1) maintain work opportunities otherwise unavailable at the penal facility at which the contract is to be performed to prevent circumstances that could reasonably be expected to significantly endanger the safe and effective administration of such facility; or (2) permit diversification into the labor-intensive manufacture of a specific product that has been approved by the Board. Specifies that: (1) a timely offer received from FPI shall be considered eligible for award (even if the competition is restricted); and (2) FPI shall be required to perform its contractual obligations to the same extent as any other contractor. Repeals a provisions under which any dispute relating to the price, quality, character, or suitability of FPI products shall be arbitrated by a board consisting of the Comptroller General of the United States, the Administrator of General Services, and the President, or their representatives. Specifies that: (1) a decision by a contracting officer regarding the award of a contract to FPI or relating to the performance of such contract shall be final, unless reversed on appeal (but authorizes the Director of FPI to appeal to the head of a Federal agency an adverse determination made by a contracting officer, in which case the decision of such agency head shall be final); and (2) a dispute between FPI and a buying activity regarding contract performance shall be subject to final resolution by the board of contract appeals having jurisdiction over the buying activity's contract performance disputes under the Contract Disputes Act of 1978. Requires that the amendments made by this Act be implemented through modifications to the Federal Acquisition Regulation (FAR) within 180 days. Makes FAR subject to provisions of the Office of Federal Procurement Policy Act (which assure publication in the Federal Register and the opportunity for public comment before the promulgation of a final regulation). Requires each Federal agency reporting to the Federal Procurement Data System through the General Services Administration to report all acquisitions from FPI. Amends the Federal criminal code to require the Board, in its annual report to the Congress, to include: (1) an analysis of the corporation's total sales for each specific product sold to Federal agencies, the total purchases by each agency of each specific product, the corporation's share of such total Government purchases by specific product, and the number and disposition of disputes submitted to agency heads; (2) an analysis of the inmate workforce, including the number of inmates employed, the number and percentage of employed inmates by the term of their incarceration, and the various hourly wages paid to inmates employed with respect to the production of the various specific products authorized for production and sale; and (3) data concerning employment obtained by former inmates upon release to determine whether the employment provided by FPI during incarceration provided such inmates with knowledge and skill in a trade or occupation that enabled such former inmate to earn a livelihood upon release. Directs that copies of such annual report be made available to the public at a price not to exceed the cost of printing. Authorizes the Department of Defense (DOD) to count toward the attainment of the goal set out in the National Defense Authorization Act for Fiscal Year 1987 for participation by small disadvantaged businesses, historically Black colleges and universities, and minority institutions in DOD contracting opportunities, the value of any purchase of supplies or services made by FPI from an entity described in such Act for the performance of a contract with DOD.
United States · United States Congress · 31 July 1991
Public School Redefinition Act of 1991 - Authorizes the Secretary of Education (the Secretary) to award grants to: (1) State educational agencies (SEAs) with approved applications, to conduct an outcome-based public school program; or (2) an outcome-based public school, with an approved application, that serves a State that elects not to participate in the program assisted under this Act. Requires SEAs to use such grant funds to award grants to one or more outcome-based public schools to plan and implement their programs. Requires a school receiving a direct grant from the Secretary to use it to plan and implement its outcome-based public school program. Limits administrative expenses. Limits the duration of such a grant to any such school to not more than three years. Sets forth matching funds requirements for such schools. Requires grants to be dispersed so as to benefit students in urban and rural areas. Prohibits use of such grant funds for construction or major renovation or repair of facilities, but allows their use for planning, equipment purchases, and other start-up costs, including minor renovation of facilities necessary to meet applicable health and safety requirements. Sets forth applications requirements. Requires an outcome-based public school, in order to receive such a grant, to enter into an outcomes agreement with the sponsor participating in the eligible partnership with it. Provides that such sponsors may be a school board, local educational agency, joint board formed for educational purposes if at least one member is a school board, State educational agency, or any other State or public agency. Makes each outcome-based public school receiving such a grant eligible to receive Federal, State, and local education revenue, grants, and other aid as though such school were a local educational agency. Requires the Secretary or SEA to terminate such grant payments upon determination that the outcome-based public school is not making acceptable progress toward meeting the outcomes described in its agreement. Requires annual State and school reports. Authorizes appropriations.
United States · United States Congress · 31 July 1991
Department of Justice Fair Housing Testing Act of 1991 - Authorizes the Attorney General to conduct a pilot testing program to enforce the Fair Housing Act. Directs the Attorney General, in order to carry out the program, to hire or contract with persons or qualified organizations as necessary to conduct tests pursaunt to the provisions of this Act. Terminates the program on September 30, 1993. Authorizes appropriations.
United States · United States Congress · 31 July 1991
Amends the Internal Revenue Code to provide a tax deduction for business equipment or other depreciable property donated to charitable organizations solely for the training of individuals who are disabled or needy.
United States · United States Congress · 31 July 1991
Extends nondiscriminatory treatment (most-favored-nation treatment) to Estonia, Latvia, and Lithuania upon conclusion of the Agreement on Trade Relations between the United States and the Soviet Union granting it most-favored-nation status.
United States · United States Congress · 31 July 1991
Establishes a Joint Committee on the Organization of the Congress to: (1) make a full and complete study of the organization and operation of the Congress; and (2) recommend improvements in such organization and operation with a view toward strengthening its effectiveness, simplifying its operations, improving its relationships with other branches of the Government, and improving the orderly consideration of legislation. Requires a report to the Senate and the House of Representatives not later than the adjournment sine die of the 102d Congress.
United States · United States Congress · 30 July 1991
Terry Beirn Community Based AIDS Research Initiative Act of 1991 - Declares that it is the sense of the Congress that the community-based clinical trials program should be renamed as the Terry Beirn Community-Based AIDS Research Initiative. Amends the Public Health Service Act to require clinical trials under the Initiative to be designed to encourage existing consortia of primary care providers to participate. Authorizes appropriations.
United States · United States Congress · 29 July 1991
Alzheimer's Disease Research, Training, and Education Amendments of 1991 - Amends the Alzheimer's Disease and Related Dementias Services Research Act of 1986 to rename the Act as the Alzheimer's Disease and Related Dementias Research Act of 1991. Changes, with regard to the Council on Alzheimer's Disease: (1) the composition and designated chair; (2) Council duties; and (3) congressional reporting requirements. Replaces, on the Advisory Panel on Alzheimer's Disease, the Director of the National Center for Health Services Research and Health Care Technology Assessment with the Administrator of the Agency for Health Care Policy and Research. Provides for staggered terms for Panel members. Modifies: (1) vacancy procedures; (2) minimum meeting frequency; and (3) compensation requirements. Abolishes the Panel on September 30, 1994. Authorizes appropriations. Alters the Alzheimer's disease research responsibilities of: (1) the National Institute of Mental Health; and (2) the Agency for Health Care Policy and Research. Authorizes appropriations. Replaces provisions relating to education programs for providers of care for individuals with Alzheimer's disease with provisions authorizing, with regard to Alzheimer's disease and related disorders, grants for: (1) training and continuing education; (2) model training programs; and (3) educating health care providers and families on care and on community assistance sources. Authorizes appropriations. Establishes a National Alzheimer's Education Program to take specified actions, including developing and distributing educational materials and working with the media to provide information. Authorizes appropriations. Amends the Public Health Service Act to allow Federal payments to Alzheimer's disease centers to be used for construction of the centers, but not for land acquisition. Authorizes appropriations.
United States · United States Congress · 29 July 1991
Recognizes and grants a Federal charter to the Military Order of the World Wars, a nonprofit corporation organized under the laws of the District of Columbia.
United States · United States Congress · 23 July 1991
Family Dairy Farm Protection Act of 1991 - Expresses the sense of the Congress that the amendments made by this Act shall be used to ensure the production of wholesome milk and dairy products at levels adequate to meet U.S. consumer needs. Amends the Agricultural Act of 1949 to increase the basic milk price support level to $12.60 per hundredweight. Establishes a two-tier milk price support program if estimated Commodity Credit Corporation (CCC) purchases exceed a specified amount. Bases support price adjustments on estimated purchases. Establishes a National Dairy Inventory Management Board whose duties shall include: (1) establishing support price adjustments; (2) estimating CCC milk purchases; and (3) carrying out a domestic dairy inventory management program. Sets forth minimum milk solid contents for whole, lowfat, and skim milk. Amends the Federal Meat Inspection Act to exclude from the definition of "meat food product" fresh pizza containing meat. Amends the Food Security Act of 1985 to authorize a heifer export program as part of the dairy export incentive program.
United States · United States Congress · 22 July 1991
Pornography Victims' Compensation Act of 1991 - Creates a civil cause of action against a commercial producer, distributor, or exhibitor or seller of obscene material or child pornography by a victim of a forcible sexual crime. Conditions the recovery of damages on proof by a preponderance of the evidence that: (1) the material was a substantial cause of the offense; (2) the defendant is a commercial producer or distributor of the material, or commercially exhibited or sold the material to the sexual offender; (3) the producer, distributor, exhibitor, or seller should have reasonably foreseen that such material would create an unreasonable risk of such a crime; and (4) the production, distribution, sale, or transport of the type of material in the aggregate affects interstate or foreign commerce. Prohibits the finder of fact, in determining whether the material was a substantial cause of the offense, from considering the testimony of the offender. Authorizes the award of actual damages including compensation for pain and suffering, reasonable attorney's fees, and other costs of the suit. Sets a statute of limitations of two years from the date of the commission of the criminal offense giving rise to the action, or one year after any conviction for such offense, whichever is earlier.
United States · United States Congress · 22 July 1991
Amends the Internal Revenue Code to allow farmers' cooperatives to elect to treat as ordinary income or loss certain capital gains and losses from the disposition of assets used in conducting business with or for patrons.
United States · United States Congress · 22 July 1991
Medicare and Medicaid Chronic Care Amendments Act of 1991 - Amends title XVIII (Medicare) of the Social Security Act to: (1) eliminate the requirement that the coinsurance rate for Medicare post-hospital extended care services equal 1/8th of the inpatient hospital deductible; (2) set the Medicare coinsurance amount for such services at $65.00 a day beginning in calendar year 1992; and (3) maintain such amount until the coinsurance rate equals 20 percent of the national average per diem cost recognized under Medicare for such services. Covers up to 42 consecutive days of nursing and home health aide services. Requires the Secretary of Health and Human Services to study and report to the Congress on the impact of eliminating the three-day prior hospitalization requirement for Medicare coverage of post-hospital extended care services. Requires the Secretary to: (1) enter into agreements with at least three peer review organizations to review the prior hospital stay requirement; and (2) report to the Congress on review results. Authorizes five five-year demonstration projects under the Medicaid program (title XIX of the Social Security Act) to provide for the operation of adult day care centers located in elderly housing facilities financed under the Housing Act of 1959 in order to reduce the risk of institutionalization and provide respite to families who care for the elderly at home. Outlines project requirements, project application contents, individual eligibility criteria, financing and other provisions concerning such projects. Requires the Secretary to evaluate the effectiveness of each demonstration project and submit a report summarizing the evaluation to specified congressional committees.
United States · United States Congress · 18 July 1991
Great Lakes Protection Act of 1991 - Amends the Federal Water Pollution Control Act to require Great Lakes States to adopt sediment quality standards. Directs the Administrator of the Environmental Protection Agency to promulgate standards for States that fail to do so. Requires the Administrator to publish information concerning the public health and environmental effects of at least 20 contaminants in Great Lakes sediment by a specified deadline and of contaminants of concern as expeditiously as possible. Makes it unlawful, after October 1, 1994, to dispose of dredge spoil in Great Lakes waters other than at a confined disposal facility. Waives such prohibition if the material to be disposed of: (1) does not contain contaminants in excess of levels established in sediment quality standards; (2) will not result in a violation of water or sediment quality standards; (3) will not degrade the chemical, physical, and biological characteristics of the substrate; (4) is disposed of in a manner which is consistent with an approved Coastal Zone Management Plan; and (5) will be disposed of at specified sites. Makes violators subject to civil penalties. Prohibits the establishment of a new confined disposal facility after October 1, 1992, without the concurrence of the Administrator and without providing for public review and comment. Requires the Administrator, in concurring in such establishment, to find that the facility is not likely to result in the violation of water or sediment quality standards or prevent the protection and propagation of a balanced, indigenous population of fish, shellfish, and wildlife. Directs the Administrator to terminate the use of facilities likely to violate such standards or prevent the protection and propagation of such populations. Requires persons disposing dredge spoil to obtain permits from the Administrator. Provides that permits shall be issued for periods not to exceed six months. Directs the Administrator, upon the submission of a Remedial Action Plan to the Great Lakes National Program Office, to work with other Federal agencies to develop a Federal Agency Memorandum of Understanding describing actions Federal agencies will take to support implementation of the Plan for the area of concern. Requires the Memorandum to be submitted to the International Joint Commission in conjunction with the submission of the Plan. Requires any contaminated aquatic sediment site assessed under the hazard ranking system of the Comprehensive Environmental Response, Compensation, and Liability Act which is part of a designated area of concern within the Great Lakes, or contributes pollutants to such area as of July 1, 1991, to be awarded ten points (in addition to those otherwise awarded) in such ranking. Directs the Administrator to submit to the International Joint Commission a Lakewide Management Plan for Lake Michigan and proposed Lakewide Management Plans for the other Great Lakes by January 1, 1993, and January 1, 1996, respectively. Directs the Administrator, acting through the Great Lakes Program Office, to establish a Great Lakes Pollution Prevention Technology Demonstration Program. Requires the Administrator to develop a list of modernizing toxic use and waste reduction technologies requiring demonstration. Authorizes persons with permits to discharge into Great Lakes waters to participate in the demonstration program through: (1) the installation of a pollution prevention technology from the list developed to reduce pollutant discharges; or (2) the installation of other pollution prevention technology that will reduce discharges by 75 percent from discharges in the preceding year without shifting of pollutants to other environmental media. Provides that such participants shall: (1) be exempt from requirements to pay fees for the development of revised effluent guidelines; and (2) be granted an additional year to comply with new or revised effluent standards if the Administrator determines that such extension is necessary. Requires the Administrator to establish: (1) a Pollution Prevention Extension Service to advise, inform, and encourage pollution prevention by industrial discharges to the Great Lakes; and (2) a Great Lakes Pollution Prevention Clearinghouse to provide information to municipal and industrial dischargers and sources of nonpoint pollution on methods to reduce toxics use. Directs the Administrator to publish contaminated finfish and shellfish consumption advisories for appropriate areas of the Great Lakes and appropriate classes of fish and shellfish. Authorizes the Administrator to delegate responsibility for issuance of the advisories to States. Establishes a Great Lakes Policy Committee to advise the Administrator and Federal agencies on the implementation of programs for the protection of the Great Lakes. Requires the Administrator and the Administrator of the National Oceanic and Atmospheric Administration to submit a three-year plan for monitoring and research activities in the Great Lakes to the Congress. Revises provisions regarding the Great Lakes Research Office. Authorizes the use of State water pollution control revolving funds for implementing Lakewide Management Plans. Extends the authorization of appropriations for the Great Lakes pollution prevention program. Revises allocations of appropriations.
United States · United States Congress · 15 July 1991
Protection and Advocacy for Mentally Ill Individuals Amendments Act of 1991 - Amends the Protection and Advocacy for Mentally Ill Individuals Act of 1986 to allow a State system for the protection and advocacy of the rights of persons with developmental disabilities to use its allotment under specified provisions to provide representation to individuals with mental illness in Federal facilities. Defines "facilities" to include hospitals, nursing homes, community facilities for individuals with mental illness, board and care homes, homeless shelters, and jails and prisons. Modifies requirements concerning: (1) the rights of representatives of such individuals; (2) the circumstances in which the system is accorded access to all the records of certain individuals; (3) the composition and chair of the system's advisory council; (4) availability of the system's grievance procedure to individuals who have received mental health services, family members, and representatives; (5) the composition of the system's governing authority; and (6) the training of system staff. Authorizes appropriations.
United States · United States Congress · 10 July 1991
Agriculture Disaster Assistance Act of 1991 - Title I: Emergency Livestock Assistance - Amends the Agricultural Act of 1949 to prohibit a person from receiving emergency feed assistance under this title and disaster assistance for the same 1991 weather damaged crops. Subjects eligible recipients to specified combined payments and benefits limitations. Directs the Secretary of Agriculture to implement an emergency forage program to reseed 1991 weather damaged forage crops. Limits: (1) Federal cost-sharing to 50 percent; and (2) individual payments to $3,500. Funds such program through the Commodity Credit Corporation (with a $50,000,000 limit). Directs the Secretary to implement an emergency freshwater aquaculture assistance program to restore 1991 weather damaged structures. Limits: (1) Federal cost sharing to 50 percent; and (2) program costs to $5,000,000. Title II: Emergency Crop Loss Assistance - Subtitle A: Annual Crops - Directs the Secretary to make 1991 disaster payments to producers of wheat, feed grains, upland cotton, extra long staple cotton, rice, peanuts, sugar, tobacco, oilseeds, and other nonprogram crops. Extends crop quality reduction disaster assistance through the 1991 crop year. Reduces disaster assistance payments in relation to Federal crop insurance payments. Requires producers to obtain Federal crop insurance for 1992 in order to be eligible for disaster payments and other specified assistance for 1991 crop losses. Sets forth exempted circumstances. Requires the Secretary to announce within a specified time the conditions for establishing a 1991 farm yield for forage-use-crops. Limits assistance under this subtitle to $100,000. Prohibits double payments on replanted acreage. Authorizes: (1) the substitution of crop insurance program yields for 1991 disaster assistance eligibility purposes; and (2) the Secretary to determine a de minimis yield for each crop eligible for reduced yield disaster payments. Subtitle B: Administrative Provisions - Directs the Secretary to make full disaster assistance available as soon as possible. Subtitle C: Sense of Congress - Expresses the sense of the Congress regarding disaster payments' purposes of preserving farm livelihoods and the financial health of rural communities. Title III: Other Emergency Provisions - Directs the Secretary to provide loan guarantees through the Rural Development Insurance Fund to rural businesses (including Indian tribes) who have suffered 1991 disaster damage. Limits: (1) individual guarantees to 90 percent of $500,000; and (2) aggregate guarantees to $200,000,000. Amends the Agricultural Act of 1949 to authorize temporary crop acreage base shifting.
United States · United States Congress · 10 July 1991
Lead in Drinking Water Reduction Act of 1991 - Amends title XIV of the Public Health Service Act (the Safe Drinking Water Act) to set forth the requirements for the national primary drinking water regulation for lead. Applies such requirements to community and noncommunity water systems. Establishes a limit for lead in tap water. Provides that the maximum contaminant level goal for lead in drinking water is zero. Requires requirements set forth in this Act to supersede requirements concerning lead in drinking water promulgated by the Administrator of the Environmental Protection Agency (EPA) on May 6, 1991, except for requirements relating to analytical methods. Permits the Administrator to promulgate regulations concerning lead in drinking water only if they are more protective of human health than corresponding requirements of this Act. Provides that the maximum contaminant level for lead in effect before May 6, 1991, shall be effective upon this Act's enactment date. Sets forth deadlines by which water systems shall complete applicable corrosion controls treatment requirements. Deems a system to have optimized corrosion control and exempts a system from completion of corrosion control treatment steps if the system satisfies one of the following criteria: (1) in the case of a small- or medium-sized system, the system meets the tap water lead limit during two consecutive six-month monitoring periods; or (2) in the case of any water system, the system demonstrates to the State that it has conducted activities equivalent to applicable corrosion control steps required by this Act or it submits monitoring results that demonstrate for two consecutive six-month monitoring periods that the difference between the highest tap water lead concentration and the highest source water lead concentration is not detectable. Permits a small-or medium-sized water system to cease completion of treatment steps whenever such systems meet tap water lead limits during two consecutive monitoring periods and submit the results to the State. Sets forth corrosion control treatment steps and deadlines for large-, medium-, and small-sized systems. Requires small- and medium-sized systems exceeding the tap water lead limit to recommend installation of at least one of the following corrosion control treatments: (1) alkalinity and pH adjustment; (2) calcium hardness adjustment; and (3) the addition of a phosphate or silicate corrosion inhibitor to maintain an effective residual concentration in test tap samples. Authorizes a State to require such systems to perform specified corrosion control studies to identify optimal corrosion control treatment. Sets forth study requirements. Requires a State to approve the option recommended by the system or to designate alternative treatments. Directs systems to install and operate the treatments designated by the State. Requires States to evaluate the results of lead tap and water quality parameter samples submitted by water systems to determine whether a system has properly installed and operated the designated corrosion control treatment. Directs States to designate: (1) a minimum range of values for pH measured at each entry point to the distribution system; (2) a minimum pH value measured in all tap samples; (3) a minimum range of concentrations for a corrosion inhibitor (if used) measured at each entry point to the system and in all tap samples; (4) a minimum range of concentrations for alkalinity (if alkalinity is adjusted) measured at each entry point to the system and in all tap samples; and (5) a minimum range of concentrations for calcium measured in all tap samples (if calcium carbonate stabilization is used as part of corrosion control). Requires systems to maintain water quality parameter values at or above minimum values or within ranges designated by a State. Authorizes States to modify optimal corrosion control treatment or water quality parameters, subject to certain conditions. Establishes a maximum contaminant level for lead in source water. Requires public water systems that fail to meet the tap water lead limit to replace lead service lines. Directs a system to replace such lines at an annual rate that will replace 20 percent of the lead lines or ten percent of all service lines, whichever results in replacement of a greater number of lead service lines. Sets forth a replacement schedule. Provides for extensions of replacement deadlines upon the application of a system with a large number of lead service lines in the distribution system. Exempts a system from replacement requirements if the State determines that the service line does not contribute to tap water lead concentrations in excess of ten parts per billion. Requires a system to replace the entire service line unless it demonstrates to the State that it controls less than the entire service line. Sets forth requirements for replacing portions of service lines. Presumes that a system controls the entire lead service line (up to the building inlet) unless the State determines that it does not have the following forms of control over the entire line: (1) legal authority; (2) authority to set standards for construction or maintenance or to replace, repair, or maintain the line; or (3) ownership of the line. Provides for shorter replacement schedules, where feasible. Permits a system to cease replacing such lines whenever the tap water samples meet lead limits during two consecutive monitoring periods and the results are submitted to the State. Requires States to establish programs to encourage public water systems to: (1) provide a voluntary service of referring building owners in a system's service area to approved contractors to remove lead plumbing, fixtures, or solder from the buildings; and (2) offer to fund such removal and to bill their water customers in a manner that allows easy payment for such removal. Directs the Administrator to distribute a model State program. Requires water systems that exceed the tap water limit to deliver certain public education materials and public service announcements with respect to lead in drinking water. Sets forth required texts of such materials. Provides that in communities where a significant proportion of the population speaks a language other than English, such materials shall be communicated in the appropriate languages. Sets forth delivery requirements with respect to such materials. Permits a system to discontinue delivery if the system has met the tap water lead limit during the most recent six-month monitoring period. Requires systems failing to meet such limit to offer to sample the tap water of any customer who requests such sampling. Directs systems which fail to comply with a maximum contaminant level for lead or any related requirement to notify persons served by such systems of the violation. Requires water systems to complete a materials evaluation of their distribution systems to identify a pool of targeted sampling sites sufficiently large to ensure the collection of required lead tap samples. Prohibits faucets with devices designed to remove inorganic contaminants from being included as sampling sites. Requires systems to use information relating to special monitoring for corrosivity characteristics when conducting materials evaluations. Sets forth sources of information to be used when such systems' information is insufficient to locate the requisite number of lead sampling sites. Sets forth required sampling sites. Requires water systems whose distribution systems contain lead service lines to draw 50 percent of samples from sites that contain lead pipes or copper pipes with lead solder and 50 percent of those samples to be from sites served by a lead service line. Designates tap samples collected for lead (except for lead service line samples) as first draw samples. Requires: (1) first draw tap samples for lead to be one liter in volume and to have stood motionless in the plumbing system of each sampling site for at least six hours; and (2) service line samples to be one liter in volume and to have stood motionless in the lead service line for at least six hours. Sets forth collection requirements. Requires systems to collect at least one sample during each monitoring period (at six-month intervals) from the number of sites listed under this Act. Bases the number of sites required to be monitored on the size of the system. Provides for reduced monitoring for systems that meet lead limits during consecutive monitoring periods. Requires water systems that exceed the tap water lead limit to monitor water quality parameters. Provides that tap samples shall be representative of water quality throughout a distribution system, taking into account the number of persons served, the different sources of water, the different treatment methods, and seasonal variability. Requires samples collected at entry points to distribution systems to be from locations representative of sources after treatment. Directs systems to collect two tap samples for water quality parameters at six-month intervals. Bases the number of sites required to be monitored on the size of the system. Sets forth parameters to be measured and general monitoring requirements. Provides for reduced monitoring for systems that maintain the range of values for water quality parameters during consecutive monitoring periods. Requires systems to collect (at six-month intervals) lead source water samples in accordance with requirements specified in regulations of the Administrator relating to inorganic chemical sampling. Provides for reduced monitoring for systems using groundwater, surface water, or a combination of the two which demonstrate that finished drinking water entering distribution systems has been maintained below the source water maximum contaminant level during specified consecutive periods. Requires systems to: (1) report to States on tap water samples, source water monitoring, corrosion control treatment, lead service line replacements, and public education requirements; and (2) submit to States annually a letter certifying the extent of compliance with such requirements. Sets forth recordkeeping and reporting requirements for public water systems. Sets forth provisions concerning EPA review of State determinations concerning drinking water regulation for lead. Provides that issuance of a final order by the Administrator shall constitute requirements of the national primary drinking water regulation for lead and shall supersede any inconsistent State treatment requirements. Withdraws enforcement responsibility from States which fail to implement this Act's requirements for public water systems. Authorizes States to require public water systems to use bottled water or other means as a condition of: (1) granting variances or exemptions from requirements of the national primary drinking water regulations to avoid an unreasonable health risk; or (2) granting an exemption from corrosion control treatment requirements for lead or source water and lead service line replacement requirements to avoid such risk. Requires systems that used bottled water as a condition for receiving a variance or exemption to meet specified requirements, including: (1) a State-approved monitoring program for bottled water or a certification from the bottled water company that the water has been taken from an approved source (as defined by the Administrator of the Food and Drug Administration) and the company has conducted monitoring; and (2) the provision of sufficient quantities of bottled water to every person supplied by the public water system. Prohibits the EPA Administrator from promulgating any national primary drinking water regulations under the Public Health Service Act which are based on an action level in lieu of a maximum contaminant level or a treatment technique prescribed by such Act. Voids any such regulations promulgated before this Act. Requires the Administrator to promulgate drinking water regulations consistent with such Act for any contaminant, other than lead, for which regulations are voided. Directs local educational agencies to complete testing for lead contamination in drinking water from coolers and other drinking water outlets at schools under their jurisdiction. Requires the Administrator to revise a guidance document and protocol concerning lead in school drinking water to provide for follow-up sampling and to recommend remedial steps whenever the lead concentration exceeds a specified level. Directs local educational agencies, if lead concentration in such water exceeds such level, to submit to school personnel, parents of children, and the agency with primary enforcement responsibility for the public water system serving the school a lead disclosure statement and a description of actions to be taken in response to test results. Requires (currently, permits) grants made to States for programs regarding lead in school drinking water to be used to reimburse local educational agencies for expenses incurred in testing and remedial action. Extends the authorization of appropriations for such grants. Imposes civil penalties upon local educational agencies that fail to comply with requirements for testing and remedying lead in school drinking water. Requires pipe fittings and fixtures used in public water systems or in plumbing providing water for human consumption to be lead-free. Makes it unlawful to: (1) introduce into commerce any pipe, pipe fitting, or fixture that is not lead free; (2) sell solder or flux plumbing supplies which are not lead free; or (3) introduce into commerce any solder or flux which is not lead free unless such solder or flux bears a label stating that it is illegal to use such materials in the installation or repair of plumbing providing water for human consumption. Revises the definition of "lead free" to provide that four years after this Act's enactment, such term refers to pipes, pipe fittings, fixtures, solder, and flux that have no lead content or that have been certified as lead free by the Administrator. Prescribes civil penalties for violations of such prohibitions. Applies provisions authorizing citizens' civil actions against the Administrator for violations of safety requirements for public water systems to States with primary enforcement responsibility. Applies recordkeeping and inspection provisions of the Safe Drinking Water Act to any person subject to requirements of this Act.
United States · United States Congress · 28 June 1991
Limited Partnership Rollup Reform Act of 1991 - Amends the Securities and Exchange Act of 1934 to revise proxy solicitation rules with respect to partnership rollup transactions (in which general partners combine several limited partnerships into one unit that trades on a stock exchange). Requires any proxy rules prescribed by the Securities Exchange Commission (SEC) to: (1) permit dissenting shareholders in a proposed rollup to contact other limited partners before the transaction date without first having to file a written proxy statement with the SEC; (2) prohibit any general partner from paying directly or indirectly any person providing solicitation services (a broker-dealer) on the basis of whether the solicitations either approve or disapprove the proposed transaction, or the compensation is contingent on the transaction's approval or completion; (3) require the issuer to provide to a shareholder (limited partner) a list of all limited and general partners involved in the proposed rollup; (4) require the rollup prospectus to be clear, concise, and understandable and summarize all effects of the proposed transaction, conflicts of interest, changes in voting rights and ownership interests, dissenters' rights, and other pertinent information; (5) provide that the soliciting material describe in reasonable detail any opinion, appraisal, or report that is prepared by a person, unaffiliated with the general partner or sponsor and received by the entity subject to the transaction or its affiliates and that is related to the proposed transition; (6) require that each prospectus be accompanied by an independent opinion on the rollup's fairness; and (7) give each shareholder at least 60 days to review the prospectus; and (8) contain such other provisions as the SEC determines necessary. Requires the rules of a national securities association to prevent association members from participating in any rollup transaction unless it protects the rights of dissenting limited partners, including: (1) the right to an appraisal and compensation, or to retain a security under the same terms as the original issue; (2) the right not to have dissenters' voting power unfairly reduced or abridged; (3) the right not to bear the costs of a rejected rollup; and (4) restrictions on the conversion of management profit-sharing interests and incentive fees into asset-based management fees. Requires a national securities exchange to prohibit the listing of any security resulting from a rollup transaction unless it provided for such dissenters' rights. Requires SEC rules to prohibit any national market system from trading any security resulting from a rollup transaction unless it provided for such dissenters' rights.
United States · United States Congress · 26 June 1991
Amends the Internal Revenue Code with respect to the corporate income tax exclusion of contributions to the capital of the taxpayer. Includes as a qualifying contribution any amount of money or property received by a regulated public utility (a utility required to provide electric energy, gas, water, or sewage disposal services) that: (1) is a contribution in aid of construction (as defined by regulations to be promulgated by the Secretary of the Treasury); (2) meets certain expenditure requirements; and (3) is not included in the taxpayer's rate base. Excludes amounts paid as customer connection fees.
United States · United States Congress · 25 June 1991
Employee Benefits Simplification and Expansion Act of 1991 - Title I: Nondiscrimination Provisions - Amends the Internal Revenue Code with respect to employee benefit plans. Redefines the term "highly compensated employee" for pension, profit sharing, and stock bonus plans, etc., purposes. Makes such employee one who is a five-percent owner or who has compensation from the employer in excess of $50,000. Provides a special rule where no employees are treated as highly compensated. Provides that the cost of living adjustment with respect to any calendar year is based on the increase in the applicable index as of the close of the calendar quarter ending September 30 of the preceding calendar year. Requires the rounding of such amounts to the nearest $1,000, except that elective deferrals and elective contributions to simplified employee pensions are to be rounded to the nearest $100. Allows an employer to determine an employee's compensation solely by reference to such employee's base pay. Provides that the minimum participation rule applies only to defined benefit pension plans. Requires such plans to benefit not less than 25 employees, or the greater of 40 percent of all employees or two employees (or if there is only one employee, such employee). Sets forth alternative methods of meeting nondiscrimination requirements for cash or deferred arrangements, including specified contribution and notice requirements. Sets forth alternative methods of satisfying the nondiscrimination test for matching contributions. Revises the method for distributing excess contributions to highly compensated employees. Title II: Distributions - Allows distributions from qualified pension plans to be rolled over tax-free to an individual retirement account or another qualified plan or annuity. Eliminates five-year forward averaging for lump-sum distributions from qualified plans. Requires certain tax-free distributions to be made in the form of a direct trustee-to-trustee transfer to an eligible individual retirement plan. Sets forth administrative requirements in making such distributions. Requires distributions to be made from qualified plans by April 1 of the calendar year following the later of: (1) the calendar year in which the employee attains age 70; or (2) the calendar year in which the employee retires. (Present law requires such distributions no later than April 1 of the calendar year following the calendar year in which the employee attains age 70 1/2.) Title III: Miscellaneous Provisions - Revises the definition of a leased employee to include one whose services are performed under the control of a service recipient, instead of one whose services are historically performed by employees. Replaces the 59 1/2- and 70 1/2-year age requirement with 59- and 70-year age requirements for specified pension plans. Eliminates the special aggregation rules that apply to plans maintained by owner-employees that do not apply to other qualified plans. Makes the 150 percent current liability limitation on the deduction allowed for employer contributions to qualified pension plans inapplicable to multi-employer plans. Repeals the present law annual valuation requirement for such plans and applies the prior law requirement that valuations be performed at least every three years. Sets forth affiliation requirements for employers jointly maintaining a voluntary employees' beneficiary association. Provides that compensation, in the case of a governmental plan, includes any amount which is contributed by the employer pursuant to a salary reduction agreement and which is not includible in the gross income of an employee under cafeteria plans, cash or deferred arrangements, tax-exempt organization or public school annuities, State or local government plans, or deferred compensation plans of State and local governments and tax-exempt organizations. Makes the following limitations inapplicable to plans maintained by State and local governments and certain tax-exempt organizations: (1) excess benefit limitations; (2) compensation limitation on benefits; and (3) limitations on disability and survivor benefits. Allows government plan employers to revoke the grandfather election on the limitation to equal accrued benefits. Modifies provisions relating to simplified employee pensions. Increases the number of allowable participants for salary reduction arrangements from 25 to 100. Allows participation after one year of service (currently, three years of service is required). Repeals the requirement that at least 50 percent of eligible employees participate in a salary reduction arrangement. Eliminates certain requirements regarding contributions on behalf of disabled employees. Allows rural cooperative plans which include cash or deferred arrangements to make distributions to participants after attainment of age 59. Includes reports of pension and annuity payments in information returns and payee statements. Eliminates reports of designated distributions from the scope of the $25 per day penalty. Provides a $10 reporting threshold for designated distributions. Makes tax-exempt organizations eligible for cash or deferred arrangement pension plans.
United States · United States Congress · 24 June 1991
Individuals with Disabilities Education Act Reauthorization Amendments of 1991 - Amends the Individuals with Disabilities Education Act (IDEA) to extend the authorization of appropriations for early intervention program services for infants and toddlers with disabilities. Includes among such services assistive technology devices and services. Provides that service coordination and coordinator include case management services and a case manager. Requires the comprehensive system of personnel development to be consistent with the system under the program of assistance for the education of all children with disabilities. Revises lead State agency responsibilities to include monitoring compliance of programs and activities used by the State to carry out early intervention services, whether or not these are receiving assistance. Allows a State (in addition to the currently authorized direct services for infants and toddlers with disabilities and their families) to use early intervention program funds to: (1) finance services in support of a free appropriate public education, in accordance with the preschool program, to children with disabilities in the transitional period from their third birthday to the beginning of the next school year; and (2) provide appropriate developmental services to infants and toddlers who do not have disabilities but are at risk of having substantial developmental delays if such services are not provided. (Current law allows State discretion to include such infants and toddlers among those served.) Requires the State, in providing services to such at-risk infants and toddlers, to describe them and such services in its application, comply with payor of last resort requirements, and comply with all other requirements unless it can give acceptable reasons for noncompliance. Requires each State receiving early intervention funds to: (1) describe in its application the extent to which it will use them for direct services not otherwise available and for expanding and improving otherwise available services; (2) keep records demonstrating that such uses have been as authorized, and in compliance with payor of last resort requirements (for nonsubstitution of other funds and nonreduction of other benefits); and (3) include data on the amount of such funds expended as direct services and as expansion and improvement, and the purposes of such expenditures. Revises early intervention program requirements relating to State Interagency Coordinating Council membership composition and numbers. Provides that nothing in IDEA relating to early intervention shall be construed to permit the State to reduce medical or other assistance or alter eligibility under any program within the State. (Current law refers to nonreduction of benefits only under Social Security Act title V provisions relating to maternal and child health and title XIX provisions relating to medicaid for handicapped infants and toddlers.) Requires a State, in order to receive its full allotment of early intervention funds, to: (1) adopt a schedule of sliding fees for early intervention services; or (2) provide a satisfactory explanation for not adopting such a schedule. Provides that any State not meeting such requirement shall receive only 90 percent of its allotment. Revises IDEA provisions for the preschool grants program to allow a State to opt to use a certain portion of its preschool grant to provide a free public education to two-year-old children with disabilities who will reach age three during the school year, whether or not they are receiving or have received early intervention program services. (Allows the local or intermediate educational agency to use State preschool grant funds for such purpose, if consistent with State policy.) Provides that early intervention program provisions do not apply to any child with disabilities receiving a free public education with preschool grant funds.
United States · United States Congress · 21 June 1991
Pesticide Health and Safety Act of 1991 - Amends the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) to expand the definition of certified, private, and commercial applicators to include individuals who use registered (currently, restricted use) pesticides. Expands circumstances under which a pesticide is considered to be misbranded. Directs the Administrator of the Environmental Protection Agency to publish standards for neurotoxic information required to support pesticide registrations. Requires public health effects and the presence of toxic inert ingredients to be considered for the approval of a registration. Directs the Administrator to publish guidelines for calculating the benefits of a pesticide. Requires the Administrator to consider whether the denial of a registration will cause major disruptions in the nutritional balance of children or adults or adversely affect the quality or safety of the food supply. Makes fees collected in the reregistration and expedited processing fund available for research. Revises cancellation provisions to require the Administrator to cancel a pesticide registration if: (1) there are concerns that the pesticide causes adverse environmental or human health effects; or (2) the pesticide is not in compliance with FIFRA requirements. Requires the Administrator to review scientific information prior to issuing a proposed cancellation order and to base the cancellation decision on exposure data. Sets forth required contents of proposed cancellation orders and comment and review procedures for such orders. Requires the Administrator, if no comments opposing a proposed order have been received or if no changes are made to comply with registration conditions, to issue a final order cancelling registration, denying an application for registration, or changing the classification of the pesticide. Sets forth required contents of final orders. Requires all cancellation proceedings to be concluded within two years of the date the proposed order is published. Revokes tolerances (established under the Federal Food, Drug, and Cosmetic Act) for which final orders have been issued. Authorizes the Secretary of Health and Human Services to issue regulations to account for unavoidable residual environmental contamination existing after such revocation. Sets forth judicial review procedures. Authorizes any person to petition the Administrator for the suspension, cancellation, application denial, or reclassification of a pesticide. Sets forth reconsideration procedures. Authorizes the Administrator to summarily deny registration, amendment, or exemption applications for pesticides that have been subject to final orders cancelling or denying registration or changing classification unless the applicant presents substantial new evidence which affects the order. Sets forth reconsideration procedures. Directs the Administrator, if a pesticide cannot be cancelled pursuant to specified FIFRA cancellation criteria, to reclassify one or more uses of the pesticide for prescription use only. Provides that the prescription use classification shall require a certified pest control expert to inspect the setting in which the pesticide is to be applied to document the presence of the target pest and determine that no other pest control option is available. Provides for review of reclassifications in the appropriate court of appeals. Authorizes the Administrator to issue an order suspending a pesticide registration if the pesticide may cause adverse environmental or health effects. (Current law authorizes suspensions to prevent an imminent hazard.) Provides for termination of a suspension order within 180 days of issuance unless a proposed cancellation order has been published. Authorizes the continued sale or use of existing stocks of a suspended pesticide if such use will not cause adverse environmental or health effects. Requires existing stocks to bear labels stating that production of the pesticide has been suspended because of health and environmental concerns. Directs manufacturers, if the existing stocks may not be sold, to accept returns of the pesticide and provide reimbursement to purchasers. Permits the Administrator to terminate a suspension order at any time. Sets forth judicial review procedures. Requires registrations of pesticides registered before November 1, 1984, to automatically expire: (1) 19 years after the active ingredient was first registered; or (2) nine years after a date determined by the Administrator that products containing the ingredient are eligible for reregistration, whichever is later. Sets forth an expiration date of 15 years after the initial registration for pesticides registered after October 31, 1984. Requires registrations of pesticides containing more than one active ingredient to expire: (1) 15 years after the earliest registration for an active ingredient in the formulation; or (2) nine years after a date determined by the Administrator that pesticides containing one of the active ingredients in the product are eligible for reregistration, whichever is later. Provides for the subsequent expiration of all pesticide registrations every nine years after the most recent expiration. Requires tolerances to expire concurrently with registrations. Authorizes the continuation of tolerances for up to two years to ensure that agricultural products already in commerce can be sold. Permits the sale and use of existing stocks of expired pesticides for up to one year following the expiration, subject to certain conditions. Sets forth provisions concerning registration renewals. Authorizes the Administrator to require pesticide exporters and importers, applicants for, or holders of, experimental use permits, pesticide testing facilities, or holders of regulated pesticides to maintain certain records. Requires: (1) commercial and private applicators to keep specified records; and (2) pesticide dealers to keep records of each sale or distribution of a registered pesticide. Exempts the application of chemicals for cleaning, sanitizing, or disinfection purposes from applicator certification requirements. Provides that certification standards shall require individuals to be competent with respect to integrated pest management. Authorizes the Administrator (current law requires), when establishing or approving standards for licensing or certification, to establish separate standards for commercial and private applicators. Revises provisions concerning a scientific advisory panel.
United States · United States Congress · 20 June 1991
Provides, in applying certain Treasury regulations for taxable years after December 31, 1991, for determining the value of a flight by an individual who is not flying primarily for an employer's business on the basis of the percentage of seats occupied by individuals (other than crew) whose flights are primarily for the employer's business rather than the percentage of seating capacity.
United States · United States Congress · 13 June 1991
Medicare Solvency and Security Act of 1991 - Amends the Internal Revenue Code to provide a reduction in old-age, survivors and disability insurance taxes and an increase (equal to the reduction) in the hospital insurance tax.
United States · United States Congress · 12 June 1991
Amends the National Environmental Policy Act to include extraterritorial actions, with specified exceptions, within the category of Federal actions which affect the quality of the human environment and require the submission of environmental impact statements. Modifies provisions regarding the content of such statements. Authorizes the President to exempt certain major Federal extraterritorial actions from environmental impact assessment requirements. Requires the President to report annually to the Congress on a strategy for achieving certain environmental policy goals under such Act. Directs the Council on Environmental Quality to promulgate regulations implementing such Act for all Federal agencies, including independent regulatory commissions. Eliminates the position of Council member from the Council on Environmental Quality and vests all authority in the Chairman. Requires the Council to establish guidelines for Federal agencies to review and report to the Council on a statistically significant sample of environmental impact statements prepared by such agencies in which measures were specified for the mitigation of adverse environmental effects, including impacts on fish and wildlife populations and habitat, that were predicted to result from the action. Requires each review to assess the implementation of mitigation measures and the accuracy and effectiveness of predicted adverse impacts and their mitigation. Directs the Council to include a summary of the results of such reviews in its annual report to the Congress. Amends the Environmental Quality Improvement Act of 1970 to authorize appropriations for FY 1992 and 1993 for the operations of the Office of Environmental Quality and the Council on Environmental Quality.
United States · United States Congress · 6 June 1991
Racial Justice Act of 1991 - Amends the Federal judicial code to make it unlawful to impose or execute sentences of death under color of State or Federal law in a racially discriminatory pattern. Prohibits a person from being put to death in the execution of a sentence imposed pursuant to any law if that person's death sentence furthers a racially discriminatory pattern. Provides that ordinary methods of statistical proof shall suffice to establish a racially discriminatory pattern. States that it shall not be necessary to show discriminatory motive, intent, or purpose on the part of any individual or institution. Establishes the requirements for a prima facie showing that a racially discriminatory pattern exists. States that a State or Federal entity may rebut a prima facie showing by establishing by clear and convincing evidence that identifiable nonracial factors explain the racial disparities constituting the pattern. Requires any State or Federal entity that provides for the imposition of the death penalty to collect and maintain pertinent data on the charging, disposition, and sentencing patterns for all cases of death-eligible crimes. Provides for the appointment of counsel for all indigent clients (and the furnishing of investigative and other services) for habeas corpus actions arising under this Act. Provides that no State court determination on the merits of a factual issue pertinent to a claim under this Act shall be presumed to be correct unless: (1) the State has collected and maintained the necessary death penalty data; and (2) the determination was made in a court proceeding where the defendant was afforded his rights required under this Act. States that nothing contained in this Act shall be construed to affect the lawfulness of any sentence of death that does not violate this Act. States that the failure to raise such a claim before the enactment of this Act shall not bar future claims.
United States · United States Congress · 6 June 1991
Small Employer Health Insurance Incentive Act of 1991 - Exempts small employer purchasing groups organized for the purpose of obtaining health insurance for employer members from State insurance mandates, State taxes on premiums, and State laws relating to managed care. Amends the Internal Revenue Code to allow self-employed individuals participating in small employer purchasing groups an itemized deduction of 100 percent for health insurance costs (25 percent for nonparticipants). Makes such deduction permanent law.
United States · United States Congress · 4 June 1991
Civil Rights and Remedies Act of 1991 - Amends Federal law to allow compensatory damages and equitable civil penalty for intentional employment discrimination on the basis of religion, sex, national origin, or disability. Limits nonpecuniary compensatory damages and the civil penalty to specified dollar amounts, with higher limits for employers with over 100 employees. Prohibits prejudgment interest on compensatory damages. Allows the equitable penalty when there is malice or reckless indifference to the federally protected rights of an aggrieved individual. Requires, if such a penalty is imposed, awarding attorney's and expert witness fees. Prohibits subtracting those fees from the penalty. Allows a court to direct that the penalty be expended, in whole or in part, to correct discriminatory practices at the place of employment or in the community in which the discriminatory practice occurred, using the funds for actions such as public awareness or education programs. Requires that any amounts of the equitable penalty not directed to be used for such corrective actions be deposited in the Equal Employment Enforcement Trust Fund established by this Act. Allows any party, if compensatory damages are sought, to demand a jury trial. Amends the Internal Revenue Code to establish in the Treasury the Equal Employment Enforcement Trust Fund consisting of amounts equivalent to the equitable civil penalties under this Act not used to take corrective actions where the discriminatory practice occurred. Requires that, as provided in appropriations Acts: (1) half of the amounts in the Fund be available for carrying out enforcement provisions of the Civil Rights Act of 1964; and (2) half be available for carrying out specified provisions of the Family Violence Prevention and Services Act. Declares that: (1) the rights and protections under the amendment made by this Act shall apply with respect to any employee in an employment position in the Senate and any employing authority of the Senate, with enforcement and adjudication within the exclusive jurisdiction of the Senate; and (2) provisions of this Act setting forth related requirements and procedures are enacted by the Senate as an exercise of the rulemaking power of the Senate and may be changed as any other rule of the Senate. Declares that: (1) the rights and protections under the amendment made by this Act shall apply with respect to any employee in an employment position in the House of Representatives and any employing authority of the House, with remedies and procedures as described in a specified House Resolution; and (2) the provisions of this Act relating to such Resolution are enacted by the House as an exercise of the rulemaking power of the House and may be changed as any other rule of the House. Declares that the rights and protections under the amendment made by this Act shall apply with respect to any employee in an employment position in an instrumentality of the Congress and any chief official of the instrumentality, with the chief official establishing the remedies and procedures to be used. Defines instrumentalities of the Congress to include the Architect of the Capitol, the Congressional Budget Office, the General Accounting Office, the Government Printing Office, the Office of Technology Assessment, and the United States Botanic Garden.
United States · United States Congress · 4 June 1991
Equal Employment Opportunity Act of 1991 - Amends the Civil Rights Act of 1964 to provide for the burdens of proof which must be met by the various parties when an allegation of an unlawful employment practice is based on an assertion that a particular employment practice or group of employment practices results in disparate impact. Declares that the mere existence of a statistical imbalance is not alone sufficient to establish a prima facie case of employment discrimination. Prohibits construing these provisions to overrule any existing case concerning whether recovery is available under title VII (Equal Employment Opportunities) of the Act under a comparable worth theory. Declares it an unlawful employment practice for a respondent, in connection with employment or promotion selection or referral, to adjust the scores of, use different cutoff scores for, or otherwise alter the results of, employment-related tests on the basis of race, color, religion, sex, or national origin, except to comply with a court order aimed at remedying past discrimination. Defines "required by business necessity" to mean that the challenged practice must: (1) in the case of practices involving selection, bear a manifest relationship to requirements for effective job performance; and (2) in the case of other practices, bear a manifest relationship to a legitimate business objective of the employer. Declares that it is the intent of the Congress, in specified provisions of this Act, to codify the meaning of business necessity used in Griggs v.Duke Power Co. and overrule Wards Cove Packing Co. v. Antonio . Declares that: (1) the rights and protections under the amendments made by this Act shall apply with respect to any employee in an employment position in the Senate and any employing authority of the Senate, with enforcement and adjudication within the exclusive jurisdiction of the Senate; and (2) provisions of this Act setting forth related requirements and procedures are enacted by the Senate as an exercise of the rulemaking power of the Senate and may be changed as any other rule of the Senate. Declares that: (1) the rights and protections under such title VII and the amendments made by this Act shall apply with respect to any employee in an employment position in the House of Representatives and any employing authority of the House, with remedies and procedures as described in a specified House Resolution; and (2) the provisions of this Act relating to such Resolution are enacted by the House as an exercise of the rulemaking power of the House and may be changed as any other rule of the House. Declares that the rights and protections under title VII and the amendments made by this Act shall apply with respect to any employee in an employment position in an instrumentality of the Congress and any chief official of the instrumentality, with the chief official establishing the remedies and procedures to be used. Defines instrumentalities of the Congress to include the Congressional Budget Office, the General Accounting Office, and the Office of Technology Assessment. Declares that: (1) nothing in this Act or the amendments made by this Act shall be construed to limit an employer in establishing job requirements that are otherwise lawful under title VII; (2) nothing in title VII or this Act shall be construed to require or encourage an employer to adopt hiring or promotion quotas or to prevent an employer from hiring the most effective individual for the job; and (3) nothing in the amendments made by this Act shall be construed to affect court-ordered remedies, voluntary employer actions for work force diversity, or affirmative action or conciliation agreements, that are otherwise in accordance with the law.
![Official portrait of Sen. Durenberger, Dave [R-MN]](https://www.congress.gov/img/member/d000566_200.jpg)