United States · United States Congress · 4 June 1991
Civil Rights Restoration Act of 1991 - Amends Federal law to declare that: (1) for purposes of provisions relating to equal rights under the law, the right to make and enforce contracts includes the making, performance, modification, and termination of contracts, and the enjoyment of all benefits, privileges, terms, and conditions of the contracts; and (2) the rights protected by the amended provisions are protected against impairment by nongovernmental discrimination and impairment under color of State law. Amends title VII (Equal Employment Opportunities) of the Civil Rights Act of 1964 to declare that an unlawful employment practice is established when it is shown that a discriminatory basis was a motivating factor, even though other factors also motivated the practice. Allows, when such mixed motives have been proven and the respondent shows it would have taken the same action in the absence of any discrimination, declaratory relief, limited types of injunctive relief, and attorney's fees and costs. Prohibits, in such cases, awarding damages or issuing certain types of orders. Provides for the finality of litigated or consent judgments or orders resolving an employment discrimination claim, barring actions: (1) challenging an order entered before enactment of this Act, by persons who had certain types of notice and opportunity; and (2) challenging an order entered after enactment of this Act, by an employee, former employee, or applicant who had certain types of notice and opportunity, and by other persons whose interests were adequately and completely represented by a similarly situated person. Declares that an unlawful employment practice occurs when: (1) a seniority system is adopted, an individual becomes subject to a system, or a person aggrieved is injured by the application of a system or a part of a system; and (2) the system is alleged to have been adopted for an intentionally discriminatory purpose, in violation of title VII, whether or not that discriminatory purpose is apparent on the face of the system. Allows expert fees to be included in attorney's fees awarded to the prevailing party in an employment discrimination case. Extends the time limit for an aggrieved employee or employment applicant to file a civil action after notice of final action by a department, agency, or unit of the Federal Government. Requires the same interest to compensate for delay in payment by the Government as in cases involving non-public parties. Amends the Age Discrimination in Employment Act of 1967 (ADEA) to replace provisions providing for tolling of the statute of limitations for actions under the ADEA with provisions requiring the Equal Employment Opportunity Commission (EEOC) to give certain notice if it dismisses a charge or otherwise terminates proceedings. Sets forth time limits for bringing a civil action. Declares that: (1) the rights and protections provided under specified provisions of Federal law (relating to equal rights under the law) and the amendments made by this Act 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 title VII (Equal Employment Opportunities) of the Civil Rights Act of 1964, the ADEA, specified Federal law relating to equal rights under the law, 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 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, the ADEA, such Federal law, 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 such an instrumentality, with the chief official establishing the remedies and procedures to be used. Makes such remedies and procedures exclusive. 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 U.S. Botanic Garden. Encourages the use of alternative means of dispute resolution to resolve disputes arising under the Acts amended by this Act.
United States · United States Congress · 24 May 1991
Amends the Internal Revenue Code to increase the standard mileage rate deduction for charitable use of a passenger automobile. Authorizes the Secretary of the Treasury, not later than December 15, 1992, and each subsequent calendar year, to prescribe an increase in such deduction for taxable years beginning in the succeeding calendar year.
United States · United States Congress · 24 May 1991
Social Services Block Grant Restoration Act of 1991 - Amends title XX (Block Grants to States for Social Services) of the Social Security Act to authorize increased appropriations under such title.
United States · United States Congress · 23 May 1991
Generic Drug Enforcement Act of 1991 - Amends the Federal Food, Drug, and Cosmetic Act to require that any person convicted of a felony under Federal law for conduct relating to the development or approval, including the process for development or approval, of any abbreviated drug application (ADA) be debarred from submitting any ADA. Allows debarment, if there is reason to believe the person may undermine the regulatory process, of a person: (1) convicted of a Federal misdemeanor or a State felony in connection with an ADA; (2) convicted of bribery, fraud, or similar crimes; (3) convicted of obstruction of justice; (4) who materially participated in acts that were the basis for such convictions; or (5) who knowingly used the services of a debarred person. Provides for: (1) the term of debarment; (2) termination of debarment; and (3) publication of a list of debarred persons. Allows an ADA to be denied in certain circumstances, including: (1) involving a bribe or a pattern of false statements; or (2) if a significant question has been raised regarding the integrity of the approval process or the reliability of data. Requires, in the case of a bribe or a pattern of false statements, or if there are flagrant, repeated, and uncorrected violations of good manufacturing practice or good laboratory practice which may undermine the safety and efficacy of the drugs: (1) the suspension of distribution of all drugs the development or approval of which was related to such actions; or (2) the suspension of all drugs approved under ADAs of such person. Allows waiver of the suspension requirement if necessary to protect the public health. Provides for termination of suspensions. Adds a requirement that an ADA contain: (1) a certification that the applicant did not and will not use the services of a person debarred in connection with the application; and (2) a list of all convictions within the last five years of the applicant and affiliated persons responsible for the development or submission of ADAs. Prescribes civil penalties for certain actions in connection with ADAs, including: (1) false statements or bribes; (2) destruction, alteration, or secretion of evidence; (3) failure to disclose facts; (4) obstruction; (5) use of a debarred person; or (6) provision of services by a debarred person. Allows the Secretary of Health and Human Services to make a monetary award for information leading to the imposition of a civil penalty. Declares the Secretary's decision on such an award not reviewable. Requires withdrawal of approval of an ADA facilitated, in whole or in part, through bribery, fraud, or a false statement. Allows withdrawal if the applicant has repeatedly demonstrated a lack of ability to produce the drug with the formulations or manufacturing practice in the ADA and has introduced, or attempted to introduce, the adulterated or misbranded drug into commerce. Authorizes the Inspector General (IG) to investigate certain matters, including any allegation of: (1) misconduct by Food and Drug Administration (FDA) employees; (2) violation of existing provisions listing prohibited acts; (3) violation, or a class of violations, which the FDA Commissioner has requested the IG to investigate; and (4) violation, or a class of violations, for which the Secretary delegates authority to the IG or requests the IG to investigate. Mandates maintaining for public inspection, with regard to each ADA, the applicant's name, the name of the drug, and the persons and dates of assignment for chemistry and bioequivalence reviews. Repeals provisions requiring a hearing before the Secretary reports a violation to a U.S. attorney for institution of a criminal proceeding.
United States · United States Congress · 23 May 1991
Crimes Against Children Registration Act - Directs the Attorney General to establish a State program and guidelines requiring persons convicted of a criminal offense against a victim who is a minor to register a current address with local law enforcement officials of the State for ten years after release from prison, parole, or supervision. Sets forth requirements for an approved State registration program, including: (1) in the case of a person to be released from prison, that the commissioner of the corrections facility inform the person of the duty to register, require the person to read and sign a form stating that such duty has been explained, obtain the address where the person expects to reside and report such address within three days to the State law enforcement agency (LEA), and provide a copy of such form to the person, the State LEA, and the LEA having local jurisdiction where the person expects to reside; and (2) in the case of a person completing a term of parole or other supervised release, that the person register (within 14 days after the end of the probation or release) with a LEA assigned by the State (and, if the person changes his or her residence address, that such person give the new address to the last assigned officer in writing within ten days). Specifies the contents of the statement, including: (1) a written statement signed by the person, giving information required by the State LEA; and (2) a fingerprint card and photograph of the person if these have not already been obtained in connection with the offense that triggers the registration. Requires the officer to forward such information to the State LEA, which shall immediately enter such information in the State LEA system and National Crime Information Center computer networks. Provides for annual verification of such information. Makes violation of any requirement of the program a misdemeanor. Specifies that information provided under this Act is private and may be used only for law enforcement purposes. Grants States three years to comply with this Act or become ineligible for any grant, cooperative agreement, or other assistance under the Victims of Crime Act.
United States · United States Congress · 23 May 1991
AMERICA 2000 Excellence in Education Act - Title I: New American Schools - Authorizes financial assistance for creating New American Schools (NAS) in communities that have been designated AMERICA 2000 Communities (A2Cs). Provides that such NAS shall reflect the best thinking about teaching and learning, employ the highest-quality instructional materials and technologies, and be designed to meet the National Educational Goals as well as the particular needs of their students and communities. Directs the Secretary of Education (the Secretary) to reserve certain funds for a national program evaluation. Directs the Secretary to allocate the remaining funds among the States (and specified territories) in proportion to their respective numbers of members of Congress. Directs the Governor to nominate A2Cs to create NAS, for at least as many communities as there are members in the State's congressional delegation and at least one community in each congressional district of the State. Requires the Governor's nominations to be based on criteria established by the Secretary on the basis of expert panel advice, including: (1) the community's level of commitment and activity in the A2C initiative; (2) the community's schools' need for new and innovative educational programs; and (3) the quality of their application to the Governor. Sets forth conditions for the Secretary's approval, and for alternative nominations. Directs the Secretary to make NAS grants to selected agencies, organizations, and institutions on behalf of the selected communities. Limits any award to $1,000,000. Encourages grantees to adapt and implement one or more NAS designs developed by research and development teams funded by the NAS Development Corporation. Restricts use of such grant funds to certain special start-up costs associated with the creation and establishment of a NAS. Prohibits the use of such funds for construction or for the grantee's general administrative expenses. Requires each NAS to have obtained necessary State recognition or accreditation and to be fully operating by the start of the 1996-97 school year. Directs the Secretary, within 90 days, to convene an expert panel of educators, representatives of private business, and public representatives to advise on NAS program administration, including criteria for nomination of communities. Directs the Secretary to use reserved funds to conduct a national evaluation of NAS program impact on schools and communities and on education generally. Requires reports to the President and the Congress. Authorizes appropriations. Title II: Merit Schools - Authorizes appropriations for Merit School awards to reward public and private elementary and secondary schools and faculties that make documented progress in attaining the National Education Goals, particularly the goal of increasing students' mastery of the core academic subjects. Directs the Secretary to allocate specified funds among the States on the same basis as allocations for education of disadvantaged children under title I of the Elementary and Secondary Education Act of 1965 (the ESEA chapter 1 program). Requires Governors to submit State grant applications for a three-year period, which may be followed by an application for a two-year period. Makes specified provisions of the General Education Provisions Act (GEPA) inapplicable to this title. Specifies State use of funds for administrative costs (five percent) and Merit School awards (95 percent), with at least 20 percent of the latter earmarked for schools that demonstrate exceptional progress in improving students' performance in mathematics and science. Requires each Governor to: (1) establish a State review panel to assist in selection of Merit Schools; (2) submit annual program reports to the Secretary; and (3) apply specified national and State criteria in selecting schools. Requires each Merit School to use its award for activities to further its educational program, including staff bonus payments, college scholarships for secondary school students, special programs, equipment and materials, parental involvement, community outreach, and program replication. Prohibits State or local reduction of other assistance to the Merit School or its local educational agency. Title III: Teachers and School Leaders - Part A: Governor's Academies for Teachers - Directs the Secretary to make a one-time, five-year grant to each State to establish and operate Governor's Academies for Teachers and to recognize outstanding teachers. Requires a Governor to use the State's grant to make competitive awards to the State educational agency (SEA), local education agencies (LEAs), institutions of higher education, and other public and private organizations or consortia, to establish and operate such Academies. Allows such Academies to be operated in cooperation or consortium with those of other States. Requires each Academy to conduct a program of intensive instruction for current elementary and secondary school teachers, during the summer or the school year, focusing on the core academic disciplines of English, mathematics, science, history, and geography. Directs the Governor to allocate to each Academy funds for a program of cash awards and recognition to outstanding teachers in the core academic subject or subjects covered by the Academy program. Requires Academies to select such teachers from nominations received from various groups. Limits any such award to $5,000, but allows the recipient to choose how to use it. Authorizes appropriations. Part B: Governors' Academies for School Leaders - Directs the Secretary to make a one-time, five-year grant to each State to establish and operate a Governor's Academy for School Leaders. Requires the Governor to make competitive awards to the SEA, LEAs, institutions of higher education, and other public and private organizations or consortia, to establish and operate such an Academy. Allows such academies to be operated in cooperation or consortium with those of other States. Directs each Academy to carry out specified activities relating to school leadership training and development. Authorizes appropriations. Part C: Alternative Certification of Teachers and Principals - Authorizes appropriations to assist States to develop and implement alternative certification requirements to improve the supply of well-qualified elementary and secondary school teachers and principals. Makes certain GEPA provisions inapplicable to this part. Requires States to use such funds to support programs, projects, or activities that develop and implement new, or expand and improve existing, alternative teacher and principal certification requirements. Authorizes States to do so directly, through contracts, or through subgrants to LEAs, intermediate educational agencies, institutions of higher education, or consortia of such agencies. Title IV: Educational Reform and Flexibility - Part A: Educational Reform Through Flexibility and Accountability - Amends the General Education Provisions Act (GEPA) to establish a program for flexibility and accountability in education and related services. Directs the Secretary to assist projects for elementary and secondary schools and other service providers to improve achievement of all students and other participants, but particularly disadvantaged individuals, by authorizing waivers by which Governors, SEAs, LEAs, and other service providers can improve performance of schools and programs by increasing their flexibility in use of resources while holding them accountable for achieving educational gains. Authorizes the Secretary, in support of such projects, to waive, with specified exceptions, any statutory or regulatory requirement applicable to any program administered by the Department of Education that may impede a school or service provider from meeting the special needs of such students and other individuals. Authorizes other Federal agency heads, with the Secretary's agreement, to make similar waivers for their programs. Limits duration of projects and associated waivers to a maximum of three years; but authorizes the Secretary to extend a project and any associated waivers for an additional two years if it is making substantial progress in meeting its goals. Requires the Secretary to terminate a project and its associated waivers at any time if acceptable progress is not being made. Grants other Federal agency heads authority to determine extension or termination of their waivers. Grants the Secretary exclusive authority to extend or terminate a project. Requires each project that involves elementary or secondary schools to include participation of an SEA and at least one LEA and two schools. Requires, to the extent possible, project participation by each grade and academic program, including ESEA chapter 1 programs, in a participating school. Prohibits unreasonable concentration of available resources in participating schools, if fewer than all schools in an LEA participate. Requires each project that does not involve elementary or secondary schools to involve at least two programs, at least one of which is administered by the Secretary. Prohibits waiver of requirements: (1) in awarding new competitive grants to agencies participating in such projects; (2) relating to maintenance of effort, comparability, or equitable participation of private school students; and (3) under specified provisions of GEPA, the Civil Rights Act of 1964, the Rehabilitation Act of 1973, the Education Amendments of 1972, the Age Discrimination Act of 1975, and the Individuals with Disabilities Education Act. Sets forth requirements for reports and evaluations. Provides for the budget neutrality of such program. Part B: Amendments to Chapter 2 - Amends chapter 2 (Federal, State, and Local Partnership for Educational Improvement) of title I of the Elementary and Secondary Education Act of 1965 (ESEA chapter 2) to provide that part A funding for educational reform and improvement shall be divided equally between State and local programs (50 percent to each, while the current allocation formula requires at least 80 percent to go to local programs and not more than 20 percent to State programs). Reduces the portions of such State-level funds which: (1) may be used for State administration (from 25 to ten percent); and (2) must be used for the effective schools programs (from 20 to eight percent). Revises State application requirements to require approval by the Governor before submission to the Secretary. Includes educational choice programs among local targeted assistance programs of SEAs and LEAs. Includes, among authorized activities of such programs, any activities or expenses directly related to planning, implementing, operating, evaluating, and disseminating information about the LEA's educational choice program, including expenses of parents and children resulting from their program participation. Title V: Parental Choice of Schools - Part A: Findings - Sets forth congressional findings relating to parental choice in education. Part B: Parental Choice and Chapter 1 - Amends chapter 1 Financal Assistance to Meet Special Educational Needs of Children) of title I of the Elementary and Secondary Education Act of 1965 (ESEA chapter 1) to provide for chapter 1 services for children participating in educational choice programs. Requires the LEA to provide such services in the form of: (1) supplementary compensatory education services; or (2) if that is not feasible or efficient, payment to parents of a per-child share of the LEA's basic chapter 1 grant. Allows parents to use such funds only for: (1) purchase of supplementary compensatory education services that meet the child's special educational needs from any elementary or secondary school, or any other public or private agency, organization, or institution that the LEA designates; and/or (2) transportation costs related to the child's participation in the choice program. Excludes such payments from the gross income of parents for Federal income tax purposes. Allows an LEA to use chapter 1 funds for the additional transportation costs of children receiving chapter 1 services who are in an educational choice program. Requires that LEAs with educational choice programs explain to parents of chapter 1 participating children: (1) the availability of compensatory education services under various available options; and (2) options available under the educational choice program and the chapter 1 program. Part C: Assistance for Parental Choice Programs - Directs the Secretary to make one-year grants to LEAs that carry out educational choice programs. Authorizes appropriations. Makes an LEA eligible for such a grant if it: (1) will carry out an educational choice program during the year for which assistance is sought; and (2) carried out such a program during the preceding year. Defines an educational choice program, as one adopted by a State or an LEA under which: (1) parents select the school, including private schools, in which their children will be enrolled; and (2) sufficient financial support is provided to enable a significant number or percentage of parents to enroll their children in a variety of schools and educational programs, including private schools. Requires LEAs to use grant funds only for student educational services and parental involvement activities in addition to those that would otherwise be provided from State or local funds. Prohibits use of grant funds for LEA general administrative expenses. Part D: Parental Choice Programs of National Significance - Directs the Secretary to make five-year grants to SEAs, LEAs, and other agencies, institutions, and organizations to conduct and demonstrate nationally significant model programs of educational choice. Authorizes appropriations. Directs the Secretary, in any fiscal year for which funds are available to make new awards, to announce the approaches to educational choice that will be considered in the competition for such funding. Requires grant recipients to use such funds only for activities directly related to planning, implementing, operating and evaluating, and disseminating information about, the educational choice demonstration program. Allows such funds to be used to meet expenses of parents and children resulting from their participation in such program. Title VI: National Assessment of Educational Progress - Amends the General Education Provisions Act (GEPA) to extend through FY 1996 the authorization of appropriations for the National Center for Educational Statistics and its programs, including the National Assessment of Educational Progress (NAEP). Requires the NAEP to collect representative data on a national and State basis for those States that choose to participate. Repeals a requirement for data collection on a regional basis. Requires the NAEP to collect and report data: (1) at least once every four years in the core academic areas of reading, writing, mathematics, science, history, and geography; and (2) annually on students at specified ages and in specified grade levels. (Current law varies such deadlines for the different academic subjects and sets a biennial deadline for the age and grade levels.) Removes a confidentiality restriction on NAEP information with respect to individual schools. Removes a prohibition against use of NAEP test items and data to rank, compare, or otherwise evaluate individual students, schools, or school districts. Requires States which choose to enter NAEP agreements to conduct such Assessment at the school level for all schools in the State sample and coordinate within the State, subject to a minimum State contribution of $100,000. Directs the Secretary to pay the State a certain amount for the costs of conducting such Assessment in excess of the minimum State contribution. Title VII: National Commission on Time, Study, Learning, and Teaching - Establishes a National Education Commission on Time, Study, Learning, and Teaching (the Commission). Requires the Commission to examine the quality and adequacy of the study and learning time of U.S. elementary and secondary students in an era when World Class Standards of achievement need to be met, including issues regarding: (1) the length of the school day and year; (2) the extent and role of homework; (3) how time is currently being used for academic subjects (especially the five core subjects of English, mathematics, science, history, and geography); (4) year-round professional opportunities for teachers; and (5) the use of school facilities for extended learning programs. Directs the Commission, within one year after it concludes its first meeting, to subject a final report to the Congress and the President. Requires such report, in addition to the primary issues, to analyze and make recommendations about: (1) use of incentives for students to increase educational achievement in available instructional time; (2) how children spend time outside school; and (3) if appropriate, a model plan for adopting a longer academic day and year for U.S. elementary and secondary schools by the end of this decade, including mechanisms to assist in such transition. Terminates the Commission 90 days after it submits its final report. Authorizes appropriations. Title VIII: Regional Literacy Resource Centers - Amends the Adult Education Act to direct the Secretary to make grants or contracts for operation of regional literacy resource centers in appropriate regions. Makes eligible for such grants or contracts SEAs, LEAs, State literacy offices, volunteer-organizations, community-based organizations, institutions of higher education, or other nonprofit entities. Provides that the Federal share of activity costs shall decline over a five-year period from a maximum of 80 percent to 60 percent. Authorizes appropriations. Title IX: General Provisions - Sets forth definitions for this Act. Makes specified provisions of Federal law permitting consolidation of grants to the Insular Areas inapplicable to funds received by such an area under this Act.
United States · United States Congress · 22 May 1991
Urges the Government of Iran to extend to the Baha'i community the rights guaranteed by the Universal Declaration of Human Rights and other international agreements to which Iran is a party. Calls upon the President to continue to: (1) urge the Government of Iran to emancipate the Baha'i community by granting such rights; (2) emphasize that the United States regards the human rights practices of such Government, particularly its treatment of the Baha'is and other religious minorities, as a significant element in the development of U.S.-Iranian relations; and (3) cooperate with other governments and international organizations in efforts to protect the religious rights of the Baha'is and other minorities in Iran.
United States · United States Congress · 21 May 1991
Individuals with Disabilities Education Act Amendments of 1991 - Amends the Individuals with Disabilities Education Act (IDEA) to allow States to opt to include under the definition of "children with disabilities," for children aged three through five, those who need special education and related services because they are experiencing delays in one or more of the following areas of their development: physical, cognitive, communication, social or emotional, or adaptive. Requires State plans to set forth policies and procedures relating to the smooth transition for those participants in the part H early intervention program who will participate in preschool programs under part B of IDEA, including a method of ensuring development and implementation, by a child's third birthday, of an individualized education program or, if consistent with specified provisions, an individualized family service plan has been developed and is being implemented by a child's third birthday. Revises application requirements to allow the local or intermediate educational agency, if this is consistent with State policy and has the concurrence of parents or guardian, to establish, annually review, and revise an individualized family service plan (as an alternative to an individualized education plan) for each child with a disability, aged three through five. Revises provisions for preschool grants to increase to $1,500 (from $1,000) the maximum limit on a preschool grant to a State per child with a disability, aged three through five. Allows 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 services under the part H early intervention program (also allows the local or intermediate educational agency to use its preschool grant funds from the State for such purpose, if consistent with State policy). Provides that part H early intervention program provisions do not apply to any child with disabilities receiving a free public education with funds received under part B preschool grants provisions. Revises provisions for early education for children with disabilities, under part C of IDEA, to include program services and activities for: (1) individuals at risk of having substantial developmental delays if early intervention services are not provided; (2) outreach to low-income, minority, rural, and other underserved populations eligible for assistance under parts B and H of IDEA; and (3) supporting statewide projects in conjunction with a State's part H plan and part B application, to change from segregated to integrated environments the delivery of early intervention services to infants and toddlers with disabilities and of special education and related services to preschool children with disabilities. Increases the amounts authorized to be appropriated for FY 1992 through 1994 for part D provisions for training personnel for the education of individuals with disabilities. Revises definitions, under part H provisions for early intervention services for infants and toddlers with disabilities, to include references to the following developmental needs: communication, social or emotional, and adaptive. Includes among early intervention services: vision services, assistive technology devices and services, and transportation and related costs. Includes among qualified personnel: family therapists, orientation and mobility specialists, and pediatricians and other physicians. Requires that early intervention services, to the maximum extent appropriate, be provided in natural environments, including the home, and community settings in which children without disabilities participate. Authorizes differential funding for the fourth or fifth year of grant allotments to States under the part H early intervention program for handicapped infants and toddlers (from birth to age two), thus allowing certain States to continue their participation in such program under specified conditions. Allows States that have not met all or some of fourth or fifth year requirements to request extended participation for such years and, if such request is approved by the Secretary of Education, receive an allotment for such years in an amount set at a specified earlier, lesser rate. Provides for reallotment of the resultant excess funds to States that have met all the requirements for such years and that will consequently be receiving the full grant allotment for such years, as well as such additional funds from their portion of such reallotment. Revises requirements for a statewide system of services, under the part H early intervention program, to include reference to service coordination (rather than case management) services under the individualized family service plan. Requires the part H comprehensive system of personnel development to: (1) include training of paraprofessionals; and (2) be consistent with such system under part B. Revises the lead State agency responsibilities to: (1) include monitoring compliance of programs and activities used by the State to carry out part H, whether or not these are receiving part H assistance; and (2) provide for assignment of fiscal responsibility to the appropriate agencies, in accordance with provisions for State designation of an individual or entity to make such assignment. Revises part H provisions for individualized family service plans to require such plans to also include: (1) a multidisciplinary assessment of the unique strengths and needs of the infant or toddler and the identification of services appropriate to meet such needs; (2) a family directed assessment of family resources, priorities, and concerns and identification of supports and services necessary to enhance the family's capacity to meet their child's developmental needs; and (3) a statement of the natural environments in which early intervention services shall appropriately be provided. Allows the service coordinator to be one who is otherwise qualified to carry out all part H responsibilities. Requires the contents of such plan to be fully explained to the parents or guardian, and their informed written consent to be obtained prior to provision of any or all early intervention services. Revises part H requirements for the State application and assurances. Requires such application to also include: (1) a designation by the State of an individual or entity responsible for assigning financial responsibility among appropriate agencies; and (2) a description of the policies and procedures used to ensure a smooth transition for participants in part H early intervention programs who are eligible to participate in part B preschool programs, including how the families will be included in transitional plans and how the part H lead agency will notify the appropriate local or intermediate educational agency at least 90 days before such child is eligible for the part B preschool program in accordance with State law. Requires the State, beginning in FY 1992, to assure that policies and practices have been adopted to ensure meaningful involvement of traditionally underserved families, including minority, low-income, and rural families, in part H planning and implementation and access of such families to culturally competent services within their local areas. Allows a State to use part H early intervention program funds to provide a free appropriate public education, in accordance with part B preschool program provisions, to children with disabilities in the transitional period from their third birthdays to the beginning of the following school year. Revises part H statewide system procedural safeguards to also include the rights of parents or guardians to: (1) written notice of and written consent to the exchange of personally identifiable information among agencies, consistent with Federal and State laws; and (2) determine whether they, their infant or toddler, or other family members will accept or decline any early intervention service under part H in accordance with State law without jeopardizing other such early intervention services. Revises part H requirements relating to State Interagency Coordinating Council: (1) membership composition and numbers; (2) chairpersons; (3) functions (adding advice and assistance in toddlers' transition to preschool programs and in provision of appropriate services for children from birth through age five); and (4) expenditures (including child care for parent representatives). Extends through FY 1994 the payment of State allotments for part H early intervention program services. Provides that each State shall receive at least a specified minimum amount in such allotment. Extends through FY 1994 the authorization of appropriations for part H early intervention program services. Directs the Secretary of Education (the Secretary) to establish a Federal Interagency Coordinating Council, for early intervention services for infants and toddlers with disabilities and their families and preschool services for children with disabilities, to: (1) minimize duplication of programs and activities at Federal, State, and local agency levels; (2) coordinate Federal agency programs and policies and technical assistance and support to States; and (3) identify gaps in programs and services and barriers to Federal interagency cooperation and program operation. Directs the Secretary to: (1) undertake a study to identify alternative formulas allocating part H early intervention program funds, including specified analyses; and (2) transmit the study and a report on it to specified congressional committees by March 1, 1993. Amends both Federal law relating to impact aid and the Defense Dependents Education Act of 1978 to require that IDEA provisions for part H early intervention services and part B preschool public education apply, respectively, to infants and toddlers age birth through two with disabilities and children aged three through five with disabilities who are military dependents served under such law and such Act. Makes various technical amendments and changes in terminology in IDEA, and updates various Federal laws' references to IDEA.
United States · United States Congress · 21 May 1991
Radiation Protection Act of 1991 - Amends the Atomic Energy Act of 1954 to require Federal agencies to comply with all Federal, State, and local requirements concerning the imposition of fees for the storage or disposal of low-level radioactive waste in the same manner as nongovernmental entities. Amends the Low-Level Radioactive Waste Policy Act Amendments of 1985 to apply requirements concerning the disposal of Federal low-level radioactive waste at non-Federal facilities to the storage of such waste at such facilities. Declares that no Federal law may be construed to prohibit or otherwise restrict the authority of a State to regulate, on the basis of radiological hazard, the disposal of low-level radioactive waste designated a State responsibility for which the Nuclear Regulatory Commission does not require disposal in a low-level radioactive waste disposal facility licensed by the Commission or by an Agreement State. Provides that no Federal law may be construed to preclude or otherwise restrict the authority of any State to impose standards for the protection from radiological hazards more stringent than the Commission's for such disposal. Revokes certain policy statements of the Commission relating to radioactive waste below regulatory concern. Prohibits the Commission or the Administrator of the Environmental Protection Agency from issuing policies exempting radioactive materials or practices from regulation unless there is advance notice of the proposed regulatory action in the Federal Register and the public is provided an opportunity to comment or to participate in an adjudicatory hearing.
United States · United States Congress · 21 May 1991
Condemns the murder of former Prime Minister Rajiv Gandhi and others in the bomb explosion on May 21, 1991. Expresses regret over the deaths of Gandhi and other victims of election violence in India. Offers condolences to Gandhi's widow and children and to the people of India. Stands in solidarity with the Indian people in their effort to sustain the most successful democratic tradition in the developing world.
United States · United States Congress · 20 May 1991
Mental Health Care Amendment Act of 1991 - Amends title XVIII (Medicare) of the Social Security Act to provide coverage of the services of marriage and family therapists, psychiatric nurses, and clinical mental health counselors and supplies furnished incident to such services.
United States · United States Congress · 20 May 1991
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to substitute a shorter waiting period for disability insurance benefits in the case of a disabled terminally ill applicant.
United States · United States Congress · 16 May 1991
Tobacco Product Education and Health Protection Act of 1991 - Amends the Public Health Service Act to add a new title establishing a Center on Tobacco and Health within the Centers for Disease Control (CDC) to conduct and coordinate Federal education, research, and law enforcement with regard to tobacco products and to monitor and restrict the use of tobacco additives. Authorizes contracts and cooperative agreements to carry out the title. Authorizes appropriations. Directs the Secretary of Health and Human Services, through the CDC Director, to: (1) conduct certain educational and research activities; and (2) make grants and enter into contracts and cooperative agreements to conduct public information campaigns concerning the use of tobacco products, using any mode of conveying information the Secretary considers appropriate. Authorizes appropriations. Directs the Secretary, through the CDC Director, to designate between ten and 20 model States and make grants to them to assist in improving State leadership in activities that prevent initial tobacco use among minors, encourage cessation among youth and others, and enforce a prohibition of tobacco product sales to minors. Declares eligible for the grants those States which have and enforce laws prohibiting sales to minors, laws reducing use of or access to cigarette vending machines by minors, and prohibit (or seek to prohibit) the provision of free tobacco product samples. Mandates that the Secretary, through the Director and on request, provide certain types of assistance with regard to retail establishments, including printed materials, assistance in planning events to educate the establishments, assistance in developing systems to report establishments that consistently sell tobacco products to minors, and assistance in developing systems to notify such establishments. Authorizes appropriations for grants to model States. Directs the Secretary to make grants and enter into contracts and cooperative agreements for educational activities to reduce the incidence of tobacco use among workers with high prevalences of tobacco use. Authorizes appropriations. Directs the Secretary to carry out a program to inform the public of the health dangers presented by cigarette smoking including, with regard to the health effects of cigarette smoking and passive smoke: (1) conducting and supporting research; (2) coordinating all activities of the Department of Health and Human Services; (3) maintaining liaison with private and public agencies; (4) collecting, compiling, and disseminating information; and (5) establishing an outreach program to youth under the age of 18. Directs the Secretary to establish an Interagency Committee on Smoking and Health. Directs the Secretary to carry out a program to inform the public of health dangers from the use of smokeless tobacco, including educational programs, research, and dissemination of information. Authorizes the Secretary to provide technical assistance and make grants to States to assist in the development and distribution of educational programs and materials, and to assist States in enacting laws and regulations establishing 18 as the minimum age for purchasing smokeless tobacco. Prohibits certain acts, including: (1) acts relating to adulterated or misbranded tobacco products; (2) subject to exception, the using or revealing of any trade secret acquired under these provisions; (3) the false representation or suggestion that an approval of any tobacco product is in effect under certain provisions; and (4) failure to transmit certain product information to any individual on request. Directs the Secretary, in order to carry out the prohibitions, to establish within the Public Health Service, or designate an existing entity within the Service, as an Office of Regulatory Affairs. Provides, with respect to a State designated under this Act as a model State, for denial of delivery and a ban on shipping tobacco products to a retail establishment with a pattern or practice of selling tobacco products to minors. Authorizes U.S. district courts to enforce the prohibitions as described under specified provisions of the Federal Food, Drug, and Cosmetic Act. Allows an individual, or a class or organization on behalf of an individual, to bring a civil action for injunctive relief, monetary damages, and attorney's fees. Requires manufacturers, importers, or packagers of any tobacco product brand name to provide to the Secretary: (1) a complete list of the levels of tar, nicotine, and carbon monoxide for each brand and each tobacco additive used and the range of quantities of the additive used in all names manufactured, imported, or packaged by the person; and (2) on request of the Secretary, information regarding the health impact of the additives. Directs the Secretary to prescribe requirements for manufacturers to place information in packages of tobacco products regarding tar, nicotine, carbon monoxide, and additives. Allows spices, flavorings, fragrances, and colorings to be so designated without specifically naming each. Considers a tobacco product misbranded unless it is labeled as required in these provisions. Authorizes the Secretary, if an additive, by itself or in conjunction with any other additive, significantly increases the human health risk of the product, to require the levels of the additive to be reduced, or to prohibit its use. Makes it unlawful to manufacture, import, or package any tobacco product brand name unless the warning labels required by the Federal Cigarette Labeling and Advertising Act meet certain requirements. Considers a tobacco product adulterated if an additive level exceeds the limit set, or if other conditions are met. Authorizes the Office of Regulatory Affairs to conduct examinations and investigations under these provisions through officers and employees of the Department of Health and Human Services or through any health officer or employee of any State duly commissioned as an officer of the Department. Requires the Center, when a sample of a tobacco product is collected for analysis and on request, to provide a part of the official sample for examination or analysis by any person named on the label of the product, or the owner, or their agent. Considers any product that contains nicotine but is not a tobacco product to be a drug under specified provisions of the Federal Food, Drug, and Cosmetic Act. Prohibits interpreting anything in the title added by this Act, the Federal Cigarette Labeling and Advertising Act, or the Comprehensive Smoking Education Act of 1984 to relieve any person from liability under common law or State statutory law to any other person. Declares that nothing in the title added by this Act, the Cigarette Labeling Advertising Act, or the Comprehensive Smokeless Tobacco Health Education Act shall prevent a State or local government from enacting additional restrictions on the sale or distribution of tobacco products or on the placement or location of stationary outdoor or transit advertising of tobacco products. Directs the Secretary, through the CDC Director, to assist schools in the implementation of effective programs and policies to prevent tobacco use. Authorizes the Secretary to make grants or enter into contracts to assist in such implementation. Authorizes appropriations. Amends the Federal Cigarette Labeling and Advertising Act to: (1) change the contents of required label warnings; (2) remove certain requirements regarding warning presentation; and (3) remove provisions protecting the confidentiality of information submitted to the Secretary regarding the ingredients added to tobacco. Amends the Drug-Free Schools and Communities Act of 1986 to add tobacco use prevention, intervention, and education to the types of activities which may be carried out under State programs. Adds references to tobacco use to provisions specifying the uses of funds for local drug abuse education and prevention programs. Allows materials on drug abuse education and prevention to be disseminated under specified provisions of this Act. Adds references to tobacco to provisions relating to drug use and alcohol abuse education and prevention activities directed to students at all educational levels. Authorizes appropriations to enable the Secretary of Education to make incentive grants to State education agencies to establish smoke free schools, with the grant funds used to disseminate materials to school personnel and students, and to hold conferences and meetings, concerning the health hazards of tobacco uses by students. Repeals provisions of the Comprehensive Smoking Education Act relating to smoking research, education, and information. Repeals specified provisions of the Comprehensive Smokeless Tobacco Health Education Act of 1986. Mandates a study of pesticides in tobacco products and their effect on human health.
United States · United States Congress · 15 May 1991
Water Pollution Prevention and Control Act of 1991 - Amends the Federal Water Pollution Control Act to revise the authorized activities of the Administrator of the Environmental Protection Agency with respect to water pollution control and investigations. Establishes a National Water Quality Research Committee to advise the Administrator on research activities. Requires the Committee to report annually to the Congress on: (1) research conducted in the preceding year; (2) highest priority research needs for the following five-year period; (3) planned research activities; and (4) opportunities to coordinate Federal and State research. Directs the Administrator to conduct research and investigations of, and survey the results of other scientific studies on, the harmful effects of water pollutants on fish, shellfish, and wildlife. Authorizes appropriations for water pollution research and investigations. Earmarks specified amounts of such appropriations for a small flows clearinghouse and for the Committee. Requires the Administrator (currently, the Secretary of the department in which the Coast Guard is operating) to conduct research concerning solid waste disposal equipment for vessels. Directs the Administrator to conduct research into fresh water aquatic ecosystems and on the nature of river systems (currently, authorizes the Administrator to make grants to colleges and universities and River Studies Centers, respectively, for conducting such research). Removes a limitation on the maximum amounts of grants for river system research. Revises provisions concerning grants for research and development to require the Administrator to establish a program to demonstrate practices for the prevention and control of industrial and municipal sources of water pollution. Authorizes the Administrator to make grants or enter into contracts with persons to develop or demonstrate such practices. Sets forth conditions for the receipt of such assistance. Requires the Administrator to publish annual solicitations for proposals to demonstrate practices which may be effective in controlling sources of water pollution. Sets forth application and approval procedures. Limits the amount of Federal funding for projects. Authorizes appropriations. Authorizes appropriations for grants to States for water pollution control programs for FY 1991 and 1992. Sets forth minimum requirements for State water pollution control programs. Requires 75 percent of appropriations to be allotted to States on the basis of the water pollution problem in the respective States. Directs the Administrator to assure that the allocation of funds to a State in any fiscal year is not less than the amount allocated to such State in FY 1991. Makes 25 percent of appropriations available for grants to States for innovative programs for the control and prevention of water pollution which have application to other States. Requires States to contribute non-Federal funds to such grants. Authorizes States to reserve up to 20 percent of such grants to support: (1) costs of any interstate water pollution control agency; and (2) participation by substate regional agencies in water quality planning activities. Revises conditions for the receipt of grants and sets forth State reporting requirements. Revises provisions concerning training grants and contracts to require the Administrator to: (1) implement a national program to train persons in the operation of municipal and industrial wastewater treatment works and other facilities whose purpose is water quality control; (2) make grants to, or contracts with, institutions of higher education to support such programs; and (3) publish guidance on the minimum elements of such programs. Directs the Administrator to award training grants to at least ten institutions of higher education in each fiscal year. Provides for the triennial review of such programs. Directs the Administrator to implement a program to certify the proficiency of operators of publicly owned wastewater treatment works. Requires operators and other designated personnel to be certified as proficient by the Administrator. Directs the Administrator to publish: (1) guidelines on minimum standards for certification; and (2) a Treatment Works Operator's Manual. Provides for certification fees. Authorizes the delegation of the authority for a certification program to a State if the State is qualified to operate the program and will provide the Administrator with requested information. Permits the transfer of an individual's certification from one treatment works to another. Makes certifications valid for a five-year period. Permits recertification for an additional five years provided that the individual: (1) complies with in-service training and related education; and (2) has remained in the applicable position for four years of the five-year certification period. Prescribes civil penalties for violations of certification requirements. Requires institutions of higher education, in addition to other requirements for receiving scholarships for persons planning to enter occupations involving treatment works, to have participated in the treatment works training program and to assure representation of minorities and women in the scholarship program. Authorizes appropriations for FY 1991 and 1992 to carry out the operator training and scholarship programs. Reserves a specified amount of funds for the scholarship program. Authorizes the Administrator to make grants for training in technical matters related to pollution causes, prevention, and elimination. Requires (currently, authorizes) the Administrator to establish research fellowships and maintain a system for forecasting the supply of, and demand for, occupational categories needed for the prevention, reduction, and elimination of pollution. Revises provisions concerning effluent guidelines to require the Administrator to promulgate effluent guidelines applicable to point sources which discharge pollutants into navigable waters. Sets forth requirements for such regulations. Repeals a provision authorizing the modification of a timetable with respect to effluent limitations. Requires effluent guidelines to be reviewed and revised at least every seven years (currently, five years). Directs the Administrator to revise such guidelines on an earlier date if advances in pollution control technology or practices would achieve a significant reduction in the quantity of toxicity of pollutants discharged to navigable waters and such advances are technologically and economically achievable. Requires the Administrator to promulgate or revise standards of performance for new sources in a category whenever effluent guidelines for such category are promulgated or revised. Provides for the review and revision of such standards at least every seven years. Requires sources with pollutant discharge permits and sources introducing pollutants into publicly owned treatment works to pay fees to the Administrator to meet costs of developing effluent guidelines and new source performance standards. Bases the assessment of fees on the volume and toxicity of the discharge. Modifies or waives such fees for small businesses or for reasons of financial hardship. Modifies such fees for sources demonstrating new or innovative technology or allowing the Administrator such access as will facilitate the full development of the guideline or standard. Makes assessments and penalties available only for the development of effluent guidelines and new source performance and pretreatment standards. Makes applicants for permits to operate pursuant to an effluent guideline who have failed to pay applicable assessments liable for penalties. Revises provisions concerning the Effluent Standards and Water Quality Information Advisory Committee. Requires the Committee to: (1) advise the Administrator in the development of effluent standards, new source performance standards, categorical pretreatment standards, secondary treatment standards, and related information and guidelines; and (2) review effluent guideline plans. Directs the Administrator to: (1) publish biennial guidelines for States to follow in issuing contaminated finfish and shellfish consumption advisories to protect recreational and subsistence fishermen; and (2) provide technical assistance to States to support implementation of the guidelines and to educate the public on the risks of consumption of contaminated fish and shellfish. Requires the Administrator, in developing water quality criteria and information, to: (1) consider the factors necessary to restore and maintain the chemical, physical, and biological integrity of water bodies; (2) consider the factors necessary to assure the protection of public water supplies, provide for the protection and propagation of a balanced, indigenous population of fish, shellfish, and wildlife, and provide for recreation in and on the water; and (3) identify numerical pollutant concentration limits for varying types of receiving waters sufficient to assure attainment of all designated uses. Authorizes the Administrator to establish biological monitoring and assessment methods for pollutants. Requires the Administrator to publish biennially a list of conventional, nonconventional, and toxic pollutants. Directs the Administrator to submit a plan for the development of water quality criteria and information to the Congress on a triennial basis. Requires the first plan to provide for: (1) publication of criteria and information for at least 20 pollutants for which criteria and information are not currently available in each fiscal year; (2) revision of at least 20 existing criteria documents to address the needs of lakes and marine waters; and (3) publication of at least 20 criteria documents for pollutants in aquatic sediments. Directs the Administrator to publish: (1) at least 60 criteria documents within four years of this Act's enactment date; and (2) a criteria document for whole effluent toxicity. Requires States to designate uses for all water bodies for which uses have not been designated. Includes within the water bodies for which uses shall be designated rivers and streams, lakes, estuarine water bodies, and waters of the contiguous zone. Applies use designations to the waters and aquatic sediments of water bodies. Requires water bodies not currently designated to support the goal of fishable, swimmable waters to be designated by a specified deadline. Authorizes the Administrator to extend a designated use for a water body for three years based on a showing by a State that attainment and maintenance of fishable, swimmable waters: (1) is not feasible because naturally occurring pollutant concentrations prevent attainment of the use or human caused sources of pollution prevent attainment and would cause more environmental harm to correct than to leave in place; or (2) would result in substantial and widespread social and economic impacts. Requires States to adopt water and sediment quality standards adequate to protect designated uses. Sets forth standards requirements. Authorizes States to adopt biological monitoring and assessment methods for a class of pollutants affecting a water body. Directs a State to: (1) adopt standards for pollutants for which water quality criteria and information are published; (2) notify States which border on the waters of such State and States with water bodies located upstream from the State of changes in standards; and (3) report revisions or adoptions of uses or standards to the Administrator. Sets forth approval and review procedures for designations and standards. Requires the Administrator to promulgate uses or standards for States that fail to comply. Directs the Administrator to designate uses of waters of the contiguous zone and the ocean and to adopt standards for such waters for each pollutant for which criteria and information have been published. Provides for the biennial review of a State's water quality planning process. Prohibits the Administrator from making grants for water pollution control programs to States without approved planning processes. Deletes provisions concerning thermal discharges and heat standards. Requires States to implement antidegradation policies. Directs the Administrator to implement such policies for States without approved policies. Sets forth policy requirements. Requires States to implement programs to protect outstanding national resource waters. Directs the Administrator to designate such waters for States that fail to do so. Requires State antidegradation policies to assure that waters of ecological significance meet water and sediment quality standards. Directs States to conduct antidegradation reviews for water bodies: (1) prior to issuing permits to sources authorizing new or increased pollutant discharges to such water bodies; and (2) whenever existing sources increase the mass or concentration of discharges to such water bodies by more than de minimis amounts to assure that the antidegradation policy is not violated. Permits water quality standards to be exceeded in mixing zones. Requires States to establish a schedule (not to exceed five years) for the development of total maximum daily loads for pollutants for which criteria and information are published in water bodies in which designated uses or standards are not attained. Directs the Administrator or an authorized State, in the case of water bodies for which individual control strategies are developed, to: (1) provide that permits issued to point sources discharging to such waters include specified authorities; (2) issue permits for industrial and municipal discharges of stormwater to such waters; (3) prohibit the specification of an area as a disposal site and restrict the use of such area; (4) prohibit the discharge of sewage from vessels; (5) give priority to the selection of such waters for specified management conferences; and (6) prepare management programs for watershed areas of waters for States without approved assessment and/or management programs for an affected water body. Requires States to conduct and report biennially to the Administrator on programs to monitor the quality of navigable waters. Establishes a Water Quality Monitoring Council to assure the coordination of Federal and State water quality monitoring programs. Requires the Administrator to: (1) issue annual guidance for the coordinated implementation of such programs; and (2) submit a strategy for such implementation to the Congress. Authorizes appropriations. Permits the Administrator to prohibit the discharge of specified pollutants from point sources to protect public health or the environment. Directs the Administrator to publish regulations prohibiting the discharge of, and to establish bioaccumulation factors for, the following pollutants: (1) Aldrin/Dieldrin; (2) DDT; (3) Endrin; (4) Toxaphene; (5) Benzidine; (6) polychlorinated biphenyls; (7) 2,3,7,8, TCDD; and (8) mercury. Requires the Administrator to: (1) publish procedures for determining the bioaccumulation factor of toxic pollutants; and (2) publish regulations prohibiting the discharge of highly toxic and bioaccumulative pollutants. Exempts publicly owned treatment works from discharge prohibitions if compliance is technologically infeasible. Permits persons to petition for the prohibition of a pollutant discharge. Prohibits the Administrator from registering a pesticide pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act until the registrant submits sufficient information to assess the toxicity of the pesticide. Provides for: (1) the addition to, or removal from, such list of pollutants; and (2) the review and revision of such list at least every five years. Requires the Administrator to remove ammonia and chlorine from the list of nonconventional pollutants and to add them to the list of toxic pollutants. Revises provisions concerning pretreatment standards to require the Administrator to promulgate pretreatment standards and local limits for the introduction of toxic and nonconventional pollutants into treatment works. Sets forth requirements for such standards. Directs the Administrator to promulgate pretreatment standards for each category of sources for which effluent guidelines but no pretreatment standards have been promulgated, unless such sources will not introduce pollutants into publicly owned treatment works. Authorizes the Administrator to promulgate pretreatment standards for sources regardless of whether effluent guidelines have been promulgated. Provides for the review and revision of pretreatment standards at least every seven years. Requires compliance with such standards within three years of the date on which the standards are promulgated. Directs control authorities to establish local limits for the pretreatment of all toxic and nonconventional pollutants introduced into a publicly owned treatment works by industrial users. Requires limits to be established for industrial users not subject to a national pretreatment standard. Requires compliance by control authorities within five years of this Act's enactment date. Prohibits the issuance of permits to publicly owned treatment works after such deadline unless such permits include requirements to enforce local limits. Makes it unlawful to introduce pollutants that are hazardous wastes into treatment works. Revises State permit requirements for discharges from publicly owned treatment works. Authorizes civil actions to be brought for past violations of effluent standards or limitations. Grants district courts discretion to order civil penalties to be used for projects to enhance public health or the environment by restoring or improving water quality or wildlife or habitat damaged as a result of the violation. Prescribes civil and criminal penalties for violations of pretreatment requirements. Requires public notice to be provided with respect to noncomplying major dischargers. Authorizes the Administrator to withhold up to 25 percent of funds for water pollution control programs from a State unless the State has adequate authority to abate violations of specified permits and pretreatment requirements applicable to industrial users of publicly owned treatment works. Requires treatment works serving populations greater than 50,000 persons to submit Toxic Reduction Action Programs to the Administrator. Sets forth program requirements. Requires treatment works to give priority to sources violating water quality standards in implementing influent interdiction programs. Sets forth approval procedures. Provides that such programs shall be valid for five years and may be reviewed, revised, and resubmitted after such period. Requires the Administrator to adjust the amount of permit fees for treatment works to reflect the degree of pollutant reduction accomplished. Directs the Administrator to publish guidelines specifying elements of nonpoint pollution management programs. Withholds nonpoint source management grants and Federal highway assistance (with specified exceptions) from States without approved nonpoint source management programs. Extends the authorization of appropriations for such grants and for grants for protecting groundwater quality through FY 1993. Requires priority consideration to be given to watersheds of impaired water bodies in soil conservation programs of the Department of Agriculture. Makes watersheds of such water bodies eligible for enrollment in a specified agricultural water quality protection program. Authorizes the Secretary of Agriculture to acquire easements for cropland located within watersheds of impaired water bodies. Requires the Secretary to designate such watersheds as conservation priority areas. Directs the Administrator to issue regulations concerning the control of nonpoint sources of pollution on all lands managed or owned by the Federal Government. Prohibits the manufacturing and distribution for sale within the United States of any commercial fertilizer without taking precautions for protection of water quality. Sets forth requirements with respect to such fertilizers. Requires the Administrator to prepare an annual list and description of significant water resource areas. Authorizes persons to petition for the inclusion of a water body on such list. Revises provisions concerning rural nonpoint source pollution management. Requires the Administrator to establish management conferences to assess environmental quality in major river systems and develop management plans for such systems. Provides that management conferences shall be convened for periods of up to five years. Directs the Administrator to select river systems for inclusion in the program. Sets forth conditions for priority consideration for the program. Authorizes State Governors to nominate any system within a State as a river system of national significance and request a management conference for such system. Requires the Administrator to give priority consideration for inclusion in the system to the Hudson River, the Susquehanna River, the Delaware River, the Rio Grande, and the Columbia River. Sets forth minimum requirements of conservation and management plans required under such conferences. Authorizes the Administrator to implement: (1) a program of monitoring to determine the physical, biological, and chemical conditions of a river system; (2) a program of ecosystem assessment; and (3) a research program to identify the movement of pollutants through the river system and the impact of pollutants on water quality, the ecosystem, and uses of the waters. Permits the Administrator to make grants to support management conferences. Limits and places conditions on such grants. Prohibits the issuance of a permit unless the applicant demonstrates a need to discharge based on the maximum use of measures to eliminate the discharge or reduce the volume and toxicity of pollutants within the economic capability of the owner or operator. Provides that State permit programs shall insure that permits with remaining terms of three or more years are revised to incorporate new or revised effluent limitations or other standards promulgated after the issuance of such permits. Prohibits the issuance of new permits for new discharges into navigable waters to persons who own, lease, or operate two or more facilities that are not in compliance with permits. Requires new facilities to obtain discharge permits prior to the construction of such facilities. Authorizes the Administrator to deny permits for discharges into the territorial sea, the waters of the contiguous zone, the oceans, or waters not attaining water quality standards if such discharges can be expected to adversely affect the protection and propagation of a balanced, indigenous population of shellfish, fish, and wildlife and recreational activity in and on the water. Deems existing exemptions to limitations concerning biological discharge criteria to be invalid. Adds waters not attaining water quality standards to the list of waters for which the Administrator is required to promulgate guidelines to determine degradation and biological discharge criteria. Requires State permit programs to provide for the termination or modification of a permit if a State other than that in which the source is located provides notice that the permitted discharge is causing a substantial violation of a water quality requirement or adversely affecting public health. Directs the Administrator to take specified actions if a State does not accept the recommendations of the State whose waters are affected by the discharge. Requires States in which there are discharges of overflows from combined storm water and sanitary sewers into navigable waters to submit biennially to the Administrator an inventory of such discharges which shall: (1) identify the location of each discharge and the affected waterbody; (2) identify the entity responsible for the discharge; (3) identify the permit for the discharge; (4) identify the estimated volume and pollutant loading of the discharge over a one-year period; (5) assess the proportion of the volume of the combined discharge to the volume capacity of the appropriate treatment works over a specified time period; and (6) identify the nature and status of any existing programs to eliminate discharges. Directs such entities to submit to the Administrator a program and schedule for the elimination of such discharges. Outlines program requirements and procedures for approval and modification. Makes entities which fail to implement such programs subject to penalties. Directs the Administrator or an authorized State to modify or issue permits for discharges of combined sewers. Requires the Administrator to publish guidance describing best management practices and other measures for the elimination of combined storm water and sanitary sewer overflows. Authorizes the Administrator to make grants for the development of surveys of combined sewer overflows and for the development and implementation of overflow elimination plans. Sets forth grant approval and allocation procedures. Limits the Federal share of the cost of such programs. Provides for the establishment of a water pollution control revolving fund for States which implement a combined storm water and sanitary sewer elimination program. Requires the Administrator to publish information establishing the degree of percentage removal attainable through the application of secondary treatment where a treatment works receives flows from combined sanitary and storm water sewers. Requires States administering discharge permit programs to require owners or operators of point sources subject to permit requirements to pay annual fees to cover at least 60 percent of the costs of administering the point source elements of water quality programs. Sets forth provisions concerning the amount of fees. Requires the Administrator to collect fees if a State is not enforcing a fee program. Makes sources that fail to pay fees liable for payment of fees and penalties. Withholds 50 percent of pollution control assistance from a State that fails to comply with permit fee requirements. Prohibits the firing of, or discrimination against, any employee who refuses to perform duties that would constitute a violation of the Federal Water Pollution Control Act or would result in serious injury to the public. Requires the Administrator to assess the cost of construction of public facilities needed to accomplish the water quality goals of this Act. Increases the amount of sums to be reserved for waste treatment management plans, sewage treatment works, and nonpoint source programs for Indian tribes. Authorizes the Administrator to make grants for such assistance in amounts of up to 100 percent of the project cost. Requires the Administrator to report to the Congress biennially on the need for sewage treatment works to serve Indian tribes. Directs the Administrator to make grants to support the administration of water quality programs by Indian tribes treated as States. Permits the Administrator to make grants to Indian tribes to support development of authorities necessary for such treatment. Sets forth provisions concerning the allocations of such grants and limitations on the Federal share of the costs of such programs. Makes State water pollution control revolving loan funds available to Indian tribes for construction of publicly owned treatment works. Directs the Administrator to issue permits for discharges to navigable waters on Federal Indian reservations unless the Indian tribe has been delegated authority to issue permits. Requires persons with discharge permits who are required to file annual toxic chemical release forms under the Superfund Amendments and Reauthorization Act of 1986 to conduct environmental audits to establish and improve compliance with permit requirements. Provides that environmental audits shall be conducted by persons certified under this Act. Directs the Administrator to establish requirements concerning such audits and to notify facilities required to prepare audits. Requires the Administrator, in notifying such facilities, to give priority to facilities at which: (1) there is a history of noncompliance with permits; (2) discharges contribute to violations of water quality standards; (3) discharges are of significant volume or toxicity; and (4) there are discharges to several environmental media. Directs the Administrator to publish guidance concerning methods for the design and implementation of environmental monitoring and audits. Prescribes civil or criminal penalties for audit violations. Sets forth provisions concerning the confidentiality of information obtained from facilities subject to audit requirements. Prescribes civil penalties for the disclosure of protected information. Lists information not entitled to protection. Requires the Administrator to develop: (1) programs for the training and certification of individuals conducting audits; and (2) a general manual of methods for environmental monitoring, compliance assessment, and environmental auditing. Limits certifications to a period of ten years. Permits the Administrator to collect fees for training and certification programs. Requires the Administrator to provide for oversight and evaluation of audits and for random tests of the accuracy of data and analyses conducted by organizations certified to conduct audits. Provides for revocations of certifications, or permanent barring, of organizations with repeated audit inaccuracies. Requires the modification of permits based on measures recommended in audits. Directs the Administrator to: (1) negotiate with representatives of the Government of Mexico to establish a program to prevent pollution and to monitor and improve water quality in the U.S.-Mexican border region; (2) determine which water bodies in the region are not in compliance with designated uses; (3) determine the sources of pollutants causing impairment of such water bodies and the amounts of pollutants discharged; and (4) assess the need for sewage treatment works to serve such region and the degree to which such needs will be met through certain funds allotted to States. Extends the general authorization of appropriations for the Federal Water Pollution Control Act through FY 1998. Establishes a Clean Water Fund to support the implementation of specified water pollution control programs. Sets forth Fund allotment requirements. Authorizes appropriations. Authorizes appropriations through FY 1992 (currently, FY 1996 and FY 1995, respectively) for implementation of the Long Island Sound Comprehensive Conservation and Management Plan and the Lake Champlain Management Conference. Revises a condition on the use of a State water pollution control revolving fund to make loans to provide that the costs of administering the fund shall not exceed four percent of all capitalization grants (currently, all grant awards to the fund). Permits capitalization grants to American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, the Trust Territory of Palau (or its successor entity), the Virgin Islands, and the District of Columbia to be used for grants for the construction of treatment works. Continues the allotment of funds under the current formula through FY 1996. Requires the Administrator to: (1) reserve a specified percentage of funds for incentive capitalization grants; and (2) make such grants to any State which, after FY 1992, deposits moneys in an amount equal to that deposited in FY 1991 in a water pollution control revolving fund. Directs States to deposit awards in such funds. Adds to the list of conditions under which water pollution control revolving funds may make loans that loans for publicly owned treatment works utilizing innovative treatment processes may be made at or below market interest rates at terms not to exceed 40 years. Prohibits more than five percent of the capitalized value of a fund from being used to provide such assistance. Sets forth provisions concerning the use of unobligated funds. Revises repayment requirements for loans made from State revolving funds to require annual principal and interest payments to commence within three (currently, one) years after completion of a project. Permits such loans to be made to reduce the principal of debt obligations by at least 85 percent where such obligations were incurred after May 15, 1991, and where the State has determined that the municipality, intermunicipality, or interstate agency would not be able to afford to undertake a project with assistance. Requires value engineering reviews to be conducted for any treatment works construction projected in excess of $20,000,000 (currently, $10,000,000).
United States · United States Congress · 15 May 1991
Clean Campaign Financing Act of 1991 - Amends the Internal Revenue Code to allow a tax credit of 50 percent of contributions to congressional candidates. Limits such credit to $100 ($200 in the case of a joint return).
United States · United States Congress · 14 May 1991
Authorizes the Director of the U.S. Fish and Wildlife Service to provide financial assistance to pay the costs of construction and equipment for an Upper Mississippi River Environmental Education Center, to be located in Winona, Minnesota. Prohibits the provision of financial assistance unless an application is made to the Director. Authorizes appropriations.
United States · United States Congress · 8 May 1991
Directs the Secretary of Agriculture to make payments under the dairy export incentive program to promote the export of specified minimum amounts of nonfat dry milk and butter in FY 1991.
United States · United States Congress · 7 May 1991
Directs the Administrator of the Federal Highway Administration (Administrator) to conduct a program to promote the implementation of Intelligent Vehicle Highway Systems (IVHS) as a component of the Federal-aid Highway System. Sets forth the goals of such program, including: (1) the widespread implementation of IVHS to enhance the capacity, efficiency, and safety of the Federal-aid Highway System; (2) the enhancement of the efforts of the States to attain air quality goals established by the Administrator of the Environmental Protection Agency, pursuant to the Clean Air Act Amendments of 1990; (3) the development and promotion of IVHS and an IVHS industry in the United States; (4) the reduction of societal, economic, and environmental costs associated with traffic congestion; and (5) the enhancement of U.S. industrial and economic competitiveness. Directs the Administrator to: (1) lead and coordinate an IVHS program and foster its use as a key component of surface transportation systems in the United States; (2) strive to transfer federally owned or patented technology to State and local governments and to the U.S. private sector; (3) maximize the involvement of the private sector, colleges and universities, and State and local governments in aspects of such programs, as appropriate; and (4) develop and implement standards and protocols (to the extent practicable, promoting compatibility among IVHS technologies implemented throughout the States) to promote the widespread use and evaluation of IVHS technology as a component of the Federal-aid Highway System. Authorizes the Administrator to make use of standards-setting organizations as he deems appropriate. Directs the Administrator to establish: (1) guidelines and requirements for the evaluation of field and related operational tests; and (2) a repository for technical and safety data collected as a result of federally sponsored projects pursuant to this Act, and make such information available, upon request, at an appropriate cost to all users, except for proprietary information and data. Authorizes the Administrator to utilize one or more advisory committees in carrying out his responsibilities under this Act. Specifies that any such committee shall be subject to the Federal Advisory Committee Act, and funding provided for any such committee shall be available from monies appropriated for advisory committees as specified in relevant appropriations Acts and from funds allocated for activities in connection with the IVHS program under this Act. Requires the Administrator: (1) within 12 months, to formulate, and submit to the Congress, a strategic plan for the IVHS program; (2) within 24 months and annually thereafter, to submit implementation reports; and (3) within five years, to submit a report addressing the non-technical constraints and barriers to the program (such as antitrust, privacy, or staffing concerns). Authorizes the Administrator to provide planning and technical assistance and information to State and local governments seeking to demonstrate, use, and evaluate IVHS technologies. Directs the Administrator to assist State and local officials in developing provisions for implementing areawide traffic management control centers, necessary laws to advance such systems, the infrastructure for such existing and evolving systems, and other necessary activities to carry out the IVHS program under this Act. Authorizes the Administrator, subject to the availability of funds, to make grants for feasibility and planning studies to be conducted by State and local governments. Makes any interagency traffic and incident management entity contracted to a State department of transportation for the implementation of traffic management systems of designated corridors eligible to receive Federal transportation funds under this Act through the appropriate State department of transportation. Sets forth criteria for the Administrator to use in deciding which demonstrations or operational tests to fund. Authorizes each State and eligible local entity to use Federal-aid highway construction and maintenance funds for demonstration and implementation purposes in connection with the IVHS program. Directs the Administrator: (1) to designate transportation corridors in which application of IVHS will have particular benefit and, through financial and technical assistance, assist in the implementation of such systems; (2) in designating such corridors, to focus on automatic vehicle identification, electronic toll collection, highway advisory radio, variable message signage, advanced traveller information systems, and other steps that would reduce congestion and promote a smoother flow of traffic throughout the corridors; and (3) in designating and providing funding for such corridors, to allocate not less than 50 percent of the funds appropriated under the congested corridors program to eligible State or local entities for application in between three and ten corridors with specified characteristics (such as traffic density at least 1.5 times the national average, severe or extreme nonattainment for ozone, or potential contribution to the implementation of the Administrator's strategic plan), with the balance allocated for application in corridors with a significant number of such characteristics. Authorizes appropriations. Directs that not less than five percent of appropriated funds be reserved for innovative, high-risk operational or analytical tests that do not attract substantial non-Federal commitments but are determined by the Administrator as having significant potential to help accomplish long-term goals established by the strategic plan. Specifies the Federal share for activities authorized pursuant to this Act (80 percent of the cost, with exceptions).
United States · United States Congress · 7 May 1991
Designates the week beginning July 21, 1991, as Korean War Veterans Remembrance Week. Requires the President to urge that the American flag be flown at half staff on July 27, 1991, in honor of those Americans who died as a result of their service in Korea.
United States · United States Congress · 25 April 1991
Horn of Africa Recovery and Food Security Act of 1991 - Sets forth U.S. policy with respect to the Horn of Africa (Ethiopia, Somalia, and Sudan). Requires the President to consult with other nations, armed and unarmed parties in the Horn of Africa, and the United Nations Secretary General to bring about negotiated settlements of the wars in the region. Expresses the sense of the Congress that the President should: (1) direct the U.S. representative to the United Nations to take specified steps with respect to peace and the implementation of an arms embargo in the region; (2) play an active role in other fora in pressing for settlements to such wars; and (3) participate in regional and international peace consultations. Sets forth U.S. policy with respect to the equitable distribution of relief and rehabilitation aid in the Horn of Africa. Declares that development assistance in the Horn of Africa should be targeted to aid the poor. States that U.S. Government aid institutions should seek to: (1) build upon the capabilities and experiences of organizations active in local grassroots relief, rehabilitation, and development efforts; (2) consult with such organizations and incorporate their views into the policymaking process; and (3) support the expansion of their activities without compromising their private nature. Declares that current legislative provisions that restrict assistance to Ethiopia, Somalia, and Sudan should be retained until concrete steps toward peace, democracy, and human rights are achieved. Amends the Foreign Assistance Act of 1961 to authorize emergency assistance for relief and rehabilitation in the Horn of Africa. Makes available a percentage of assistance for management support activities of the Agency for International Development. Authorizes the President to transfer funds from unobligated economic support fund and military assistance to carry out this Act.
United States · United States Congress · 25 April 1991
Designates May 22, 1991, as National Desert Storm Reservists Day to commemorate the accomplishments of the men and women of the reserve components of the U.S. Armed Forces who proudly served the United States during Operation Desert Storm.
United States · United States Congress · 25 April 1991
Expresses the sense of the Senate that the Administration should: (1) act as expeditiously as possible to extend agricultural export credit guarantees to the Soviet Union if they assure an equitable and humanitarian distribution of such credits to their people; (2) provide for the extension of equivalent credit tranches which may be extended contingent upon the acceptable distribution and/or repayment of previous credits; and (3) use such programs to aid the export of agricultural commodities experiencing serious price depression, such as wheat, corn, soybeans, and dairy products.
United States · United States Congress · 25 April 1991
Expresses the sense of the Senate that: (1) the accession of Taiwan to the General Agreement on Tariffs and Trade (GATT) is in the best interest of the United States and of the world trading system and should be achieved in an expeditious manner; and (2) the United States should take the necessary steps to assure such country's membership in the GATT.
United States · United States Congress · 24 April 1991
Tax Exempt Bond Simplification Act of 1991 - Amends the Internal Revenue Code to raise from $5,000,000 to $25,000,000 the threshold amount of tax-exempt bonds that a small governmental unit may issue and still remain within the exception from arbitrage rebate requirements. Makes the exception from such rebate for construction bonds effective as if included under the Tax Reform Act of 1986. Permits elections concerning such bonds to be made until 180 days after the date of enactment of this Act. States that any rebates paid shall not be refunded. Increases from $10,000,000 to $25,000,000 the amount of tax-exempt obligations excepted from the pro rata allocation of interest expense of financial institutions to tax-exempt interest for qualified small issuers. Repeals the five percent unrelated and disproportionate private use rules for private activity bonds. Provides that a bond shall not be treated as an arbitrage bond by reason of any failure to meet any requirements of temporary period investments if all earnings which would cause such bond to be an arbitrage bond are paid to the United States by the issuer by the required due dates. Reduces from 100 percent to 90 percent the amount of arbitrage to be rebated to the United States if certain State and local bonds are not to be treated as arbitrage bonds. Provides that an advance refunding bond will not be tax-exempt if it results in amounts becoming available which are invested in substantially guaranteed higher yielding investments.
United States · United States Congress · 24 April 1991
Children's and Communities' Mental Health Systems Improvement Act of 1991 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services, through the Administrator of the Alcohol, Drug Abuse, and Mental Health Administration, to make grants to States for comprehensive community mental health services to children with serious emotional disturbances. Prohibits the Secretary from making a grant to a State unless the State is receiving payments under alcohol and drug abuse and mental health services block grant provisions. Requires non-Federal contributions in specified percentages. Requires State grantees to: (1) establish and operate one or more systems, through grants or contracts, to provide specified types of mental health services to children under 22 years of age; (2) enter into a memorandum of understanding with providers of medical, educational, and vocational counseling, vocational rehabilitation, and protection and advocacy services to facilitate the provision of such services without use of grant funds or non-Federal contributions made with respect to the grant; (3) provide case management; (4) provide services in the cultural context that is most appropriate for the child and effectively communicate, either directly or through interpreters; and (5) establish, for each child, a multidisciplinary team providing services and ensuring the development and implementation of an Individualized Services Plan and either an Individualized Education Program, an Individualized Family Services Plan, or both. Describes additional services for which a State system may provide. Requires that parents of children with serious emotional disturbances be included as members of the mental health planning council established under existing provisions. Requires that, if a charge is imposed for services under a grant, the charge be made according to a public schedule, adjusted to reflect the income of the family of the child, and not imposed on any child whose family has income and resources at or below the poverty line. Limits grants to States to five years. Requires that a State, in order to receive grants for the third, fourth, and fifth years: (1) have a plan for achieving long-term financial support for systems for comprehensive care; and (2) be making satisfactory progress in expanding access to such systems in all areas of the State. Directs the Secretary to provide to a State, on request: (1) technical assistance regarding grant applications; and (2) training and technical assistance on the planning, development, and operation of the systems under this Act. Authorizes the Secretary to provide the technical assistance directly or through grants or contracts. Authorizes appropriations, earmarking a specified sum for the technical assistance and training. Limits the number of grants to ten in FY 1992.
United States · United States Congress · 24 April 1991
Amends the Harmonized Tariff Schedule of the United States to include photoreceptors and assemblies containing photoreceptors within the suspension of duty on parts of certain electrostatic copying machines. Extends such suspension through December 31, 1994.
United States · United States Congress · 23 April 1991
Circle of Poison Prevention Act of 1991 - Title I: Exported Pesticides - Amends the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) to require pesticide producers operating registered establishments to inform the Administrator of the Environmental Protection Agency of: (1) the types and quantities of pesticides and active ingredients used in producing pesticides for export to a foreign country; and (2) the date of export and quantity of such materials exported to each foreign country to which the producer has exported during the past 365-day period. Provides that specified information on exported pesticides shall not be entitled to confidential trade secret treatment. Makes it unlawful to export a pesticide or device in violation of FIFRA export requirements. Prohibits the exportation of a pesticide or device unless: (1) such materials are prepared and packaged according to the specifications of the foreign purchaser and the legal requirements of the country of use; and (2) the label of the pesticide is written in the official language of the country of use and contains all information required to be included in the labeling for such pesticide in the United States. Prohibits the exportation of a pesticide to a country of use if: (1) the registrations for pesticides containing an active ingredient that is included in such pesticide that account for nearly all of the uses of such ingredient have been canceled; (2) the tolerances for an active ingredient in such pesticide that account for nearly all the uses of such ingredient have been revoked; or (3) an active ingredient of the pesticide is ineligible for reregistration. Prohibits such exports (including pesticides used for agricultural production) unless: (1) the pesticide is registered; or (2) all of the active ingredients in the pesticide are the subject of a food tolerance. Requires exporters, prior to the shipment of certain pesticides, to provide specified information to the Administrator. Prohibits the exportation of any pesticide to a country of use that: (1) has refused consent; or (2) has given conditional consent unless the conditions on which the consent was given are met. Prohibits refusals to consent unless the country certifies that it is not producing or importing and will not produce or import the pesticide or a similar product with the same active ingredient. Waives certain requirements, upon the request of a country of use and subject to certain determinations by the Administrator, to permit the export of pesticides not meeting FIFRA requirements to: (1) prevent or arrest the spread of a communicable disease; or (2) stop or prevent the spread of a pest that is destroying or will destroy quantities of the country's food supply so as to result in widespread famine. Permits the export of pesticides for experimental use in foreign countries if specified conditions are met. Directs the Administrator to submit information to the Secretary of Health and Human Services concerning inspection for pesticide residues in imported foods conducted by the Department of Health and Human Services. Requires the Administrator to notify foreign countries and the International Register of Potentially Toxic Chemicals whenever regulatory action is taken with respect to a pesticide. Directs the Administrator to: (1) convene meetings with foreign governments and other interested parties to promote the implementation of improved research and regulatory programs for pest management and strategies for sustainable agriculture and to encourage the adoption of a multilateral convention requiring standard notice and pesticide export control measures; and (2) provide foreign countries with technical assistance to develop pesticide regulatory programs. Permits persons to bring civil actions to secure the imposition of penalties on persons who violate pesticide export requirements. Prohibits civil actions from being initiated on the basis of existing proceedings for criminal violations. Requires the Comptroller General to report to the Congress every four years on: (1) the operation and effect of this Act; and (2) how exported pesticides and their containers are used and disposed of and on their impact on the public health and the environment of countries of use. Title II: Pesticides Residue Monitoring - Amends the Omnibus Trade and Competitiveness Act of 1988 to direct the Food and Drug Administration to summarize the volume of each food product subject to the requirements of the Federal Food, Drug, and Cosmetic Act imported into the United States in quantities determined by the Secretary of Health and Human Services to be commercial quantities (currently, products having an entry value exceeding an amount established by the Secretary). Requires the summary to: (1) be made by food product, country of origin, port of entry, pesticides monitored by the Secretary, pesticide residues detected, and the quantity of each pesticide exported from the United States for agricultural use; and (2) indicate the volume of each type of food tested for pesticide residues, arranged by pesticide, food, and country of origin. Title III: Pesticide Tolerances - Amends the Federal Food, Drug, and Cosmetic Act to require the Administrator, if a registration under FIFRA for a pesticide to be used on food is canceled or modified to prohibit its use in connection with food, to revoke any tolerance or exemption that permits the presence of the pesticide on the food. Suspends tolerances or exemptions for pesticides used on food if such use is suspended under FIFRA. Authorizes the Administrator, if a residue of a canceled or suspended pesticide will persist in the environment and be present on a food, to establish a tolerance for the pesticide at a level that permits the residue to remain and will protect public health. Requires the Administrator to reduce the tolerance for any suspended or canceled pesticide annually if any decrease in the pesticide's residual environmental contamination or residues on food has occurred. Prohibits the Administrator from establishing or continuing a tolerance for a pesticide chemical residue unless the best available, practical method for detecting and measuring the levels of the residue on a food exists. Title IV: Pesticide Information - Prohibits the importation of a raw agricultural commodity into U.S. customs territory unless the commodity importer files with the Secretary and the Secretary of the Treasury a document identifying each pesticide chemical used in connection with the commodity. Requires such importers, if unreported pesticides are detected in such commodities, to submit residue analyses for such pesticides. Waives reporting requirements for unreported pesticides if the presence of such pesticides is attributable to long-term environmental persistence and does not pose a health risk. Amends the Federal Meat Inspection Act, the Poultry Products Inspection Act, and the Egg Products Inspection Act to apply such requirements to importers of meat, poultry, and eggs. Amends the Agricultural Act of 1954 to add to the list of annual reporting requirements of agricultural attaches a report on the customary use of pesticides in the production of agricultural commodities in foreign countries. Title V: Effective Dates - Sets forth the effective dates for provisions of this Act.
United States · United States Congress · 23 April 1991
Amends the Star Schools Program Assistance Act (the Act, which provides for demonstration grants to eligible telecommunications partnerships for telecommunications facilities and equipment, instructional programming, and technical assistance, to improve instruction in mathematics, science, foreign languages, and other subjects such as vocational education) to broaden the program to include improvement of instruction in literacy skills and service to underserved populations including the disadvantaged, illiterate, limited English proficient, and disabled. Directs the Secretary of Education (the Secretary) to award program grants for a two-year period, and allows such grants to be renewed for additional two-year periods in accordance with continuing eligibility provisions added by this Act. Extends through FY 1998 the authorization of appropriations for Star Schools Program Assistance. Eliminates certain limitations on the period and aggregate amount of program grants to any one eligible telecommunications partnership (while retaining a maximum limit on the amount of such a grant for any one fiscal year). Requires that, of the funds available to the Secretary in any fiscal year under this Act, at least: (1) 25 percent be used for the cost of instructional programming; and (2) 25 percent be used for telecommunications facilities and equipment. Makes 75 percent the maximum limit on the Federal share of program costs (rather than the exact amount of such share). Requires the Department of Education and any other Federal agency operating a Star Schools program to coordinate assisted activities under such programs. Adds to the list of eligible telecommunications partnerships under the Act private (as well as public) entities with experience and expertise in planning and operating a telecommunications network, including those involved in telecommunications through cable, telephone, or computer. Directs the Secretary to permit applicants for funds under the Act and applicants for funds under the Classrooms of the Future Act to submit a single application for such assistance. Revises application requirements to include provisions for: (1) training of instructors in using the facilities and equipment and in integrating programs into class curriculum; (2) assurances that instructional and training programming will be designed in consultation with professionals who are expert in the subject matter and grade level; (3) specific inclusion of students who are disadvantaged, limited English proficient, disabled, or illiterate among traditionally underserved students who will benefit; (4) use of existing telecommunications equipment, where available, in benefitting traditionally underserved students; (5) coordination of funds under the Act with those received under the Classrooms of the Future Act (if a single application is submitted for both); and (6) descriptions of activities and services. Includes as examples of activities or services to be assisted: (1) making programs accessible to individuals with disabilities through mechanisms such as closed captioning, as much as possible; (2) linking networks together around issues of national importance such as elections; (3) sharing curriculum materials between networks; (4) providing teacher and student support services; (5) incorporating community resources such as libraries and museums into instructional programs; and (6) providing teacher training to early childhood development and Head Start teachers and staff. Requires that a telecommunications company (such as a cable, telephone, computer, or public or private television network) will participate in the partnership and will donate in-kind equipment for telecommunications linkages (under grant application requirements). Provides that describing how traditionally underserved students will participate in the benefits of the assisted telecommunications facilities, equipment, technical assistance, and programming is required only of applicants who have not previously received funds under the Act. Sets forth provisions for continuing eligibility. Requires, for grant renewal, that an eligible telecommunications partnership demonstrate in their application that they will both continue to provide services in the subject areas and geographic areas previously assisted and use all such grant funds to provide expanded services by: (1) increasing the number of students, schools, or school districts served; (2) providing new courses of instruction; or (3) serving new populations of underserved individuals, including children or adults who are disadvantaged, limited English proficient, disabled, illiterate, lacking high school diplomas or equivalents, or incarcerated individuals, or older individuals. Requires renewed grant funds to supplement and not supplant services provided previously. Allows renewed grant funds to be used to provide programs for adults at times other than the school day, in order to maximize the use of telecommunications facilities and equipment. Provides that nothing in this Act shall be construed to reduce the rights and protections provided to individuals with disabilities under the Americans With Disabilities Act or the Individuals With Disabilities Education Act.
United States · United States Congress · 23 April 1991
Infant Mortality and Childrens Health Act of 1991 - Title I: Medicaid Coverage of Pregnant Women and Infants - Amends title XIX (Medicaid) of the Social Security Act to phase in mandatory State coverage of pregnant women and infants whose family income is below 185 percent of the Federal poverty level. Amends title V (Maternal and Child Health Services) of the Act to require States to provide outreach services for Medicaid-eligible pregnant women and infants and assisting them in applying for Medicaid coverage. Title II: Optional Coverage of Home Visitation Services for High-Risk Infants - Amends the Medicaid program to allow States the option to cover home visitation services for high-risk pregnant women and infants. Title III: Medicaid Relationship with Special Supplemental Food Program for Women, Infants, and Children (WIC) - Amends the Medicaid program to allow State Medicaid plans the option to purchase WIC food supplements for Medicaid-eligible pregnant women, infants, and children. Title IV: Optional Coverage of Children up to Age 6 with Income Below 185 Percent of the Poverty Line - Amends the Medicaid program to allow States the option of covering children up to age six with incomes 185 percent below the poverty level.
United States · United States Congress · 23 April 1991
Childhood Immunization Improvement Act of 1991 - Amends title XIX (Medicaid) of the Social Security Act to: (1) change the Federal matching rate payment methodology for immunizations under Medicaid to a 90 percent Federal and a ten percent State cost share; and (2) ensure that State Medicaid programs pay for all federally recommended immunizations. Amends the Public Health Service Act to direct the Secretary of Health and Human Services to ensure that State Medicaid agencies and health care providers are eligible to participate in the Centers for Disease Control bulk vaccine purchasing program.
United States · United States Congress · 23 April 1991
Children's Vaccine Initiative Act of 1990 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to undertake a Children's Vaccine Initiative. Requires that the Director of the National Vaccine Program: (1) plan and coordinate the Initiative; and (2) ensure that the Public Health Service conducts vaccine research, production, and delivery activities under the Initiative in collaboration with non-governmental institutions and with other Federal agencies to ensure the full use of U.S. scientific and industrial capacity to prevent disease. Authorizes appropriations.
United States · United States Congress · 23 April 1991
Amends the Internal Revenue Code with respect to the tax-exempt status of a cooperative telephone company to provide for the tax treatment of income received from a nonmember telephone company for services by the cooperative which are indirectly paid for by members of the cooperative. Includes billing and collection services for a nonmember telephone company under such treatment.
United States · United States Congress · 18 April 1991
World Summit for Children Implementation Act of 1991 - Provides for assistance in implementing the plan of action adopted by the World Summit for Children. Expresses the sense of the Congress that: (1) the U.S. Government should commit to increasing participation in the special supplemental food program for women, infants, and children under the Child Nutrition Act (the WIC program) by 20 percent per year in FY 1992 through 1996, to reach full participation by the end of FY 1996; and (2) specified amounts should be appropriated for the WIC program in FY 1992 and 1993 to reach such full participation goal. Expresses the sense of the Congress that: (1) the commitment to provide full funding for the Head Start Program, contained in the Human Services Reauthorization Act of 1990, should be implemented in order that the goal of full participation of all eligible three- to five- year-old children can be reached by FY 1994; and (2) specified amounts should be authorized for such funding in FY 1992 through 1994. Amends the Public Health Service Act to direct the Secretary of Health and Human Services to undertake a Children's Vaccine Initiative. Requires that the Director of the National Vaccine Program: (1) plan and coordinate the Initiative; and (2) ensure that the Public Health Service conducts vaccine research, production, and delivery activities under the Initiative in collaboration with non-governmental institutions and with other Federal agencies to ensure the full use of U.S. scientific and industrial capacity to prevent infectious disease. Authorizes appropriations for FY 1992 and 1993. Authorizes appropriations for FY 1992 and 1993 for contributions to the United Nations Children's Fund for activities to promote child health and other assistance programs for children (to carry out specified provisions of the Foreign Assistance Act of 1961). Amends the Foreign Assistance Act of 1961 (the Act) to authorize appropriations for FY 1992 and 1993 for special health needs of children and mothers under the Child Survival Fund. Requires that specified amounts of funds under various provisions for FY 1992 and 1993 be reserved only for such specified child survival activities. Expresses the sense of the Congress that authorization, in such amounts as may be required, should be granted to the President to exercise the (Public Law 480) debt authority with respect to least developed countries that are pursuing reforms to promote long-term economic development (as provided in specified provisions of the Agricultural Trade Development and Assistance Act of 1954, as amended by the Food, Agriculture, Conservation, and Trade Act of 1990). Amends the Act to establish a Vitamin A Deficiency Program. Reserves for such Program specified amounts in FY 1992 and 1993 from funds for development assistance for agriculture, rural development, and nutrition. Requires that specified amounts from certain funds authorized for health-related activities under the Act in FY 1992 and 1993 be reserved for replicable community-based comprehensive reproductive health service programs that broaden other health programs by including strategies that specifically address women's reproductive health needs. Sets forth examples of such strategies, as well as congressional intent that such programs be planned and designed in consultation and participation with those whose needs they serve, and congressional encouragement for using international private voluntary organizations in building such programs. Amends the Act to direct the President, in carrying out provisions for development assistance for health-related activities to promote, encourage, and undertake activities relating to research on, and treatment and control of, acquired immune deficiency syndrome (AIDS) in developing countries. Authorizes appropriations for FY 1992 and 1993, for such purpose, to the International AIDS Prevention and Control Fund. Provides that such amounts shall be in addition to other amounts available for such purpose. Amends the Act to reserve specified amounts in FY 1992 and 1993, from funds for development assistance for education and under the provisions of the Act, for international basic education, including early childhood education, primary education, teacher training, other support activities, and adult literacy training. Expresses the sense of the Congress that at least specified minimum amounts should be appropriated for the Migration and Refugee Assistance account, and that at least specified minimum portions of such funds should be reserved for programs of refugee assistance overseas (in addition to amounts available for programs for Soviet, Eastern European, and other refugees resettling in Israel). Amends the Act to replace provisions for certain disadvantaged children in Asia with provisions for assistance to children in exceptionally difficult circumstances. Includes among such children street children, AIDS orphans, other orphaned and abandoned children, and children displaced by armed conflict, poverty, famine, or other disasters. Reserves specified minimum portions of certain funds under the Act in FY 1992 and 1993 for assistance for such children. Requires that such assistance be made available in accordance with policies and general authorities under certain disaster assistance provisions. Directs the President to report annually to the Congress on U.S. contributions to the achievement of the goals of the World Summit for Children, including U.S. efforts to achieve such goals in the United States and in other countries, with an analysis of past, current, and planned funding levels.
United States · United States Congress · 18 April 1991
Declares that the Senate expresses its: (1) regret that Senator Pryor's illness will require his absence from the Senate Chamber; and (2) heartfelt wishes to him for a speedy and complete recovery, and that he return to his duties, serving the people of Arkansas, in the near future.
United States · United States Congress · 17 April 1991
Long-Term Care Insurance Consumer Protection Act of 1991 - Amends title XIX (Medicaid) of the Social Security Act to afford Federal consumer protection to purchasers of long-term care insurance policies by requiring that before such policies may be issued or sold they must have been either certified by the Secretary of Health and Human Services as meeting the minimum Federal standards and requirements outlined below or approved by the State commissioner or superintendent of insurance under a regulatory program each State may establish that: (1) incorporates such standards and requirements; (2) provides consumers with access to basic information on issuers and policies; and (3) provides for an approval process for proposed premium increases. Outlines Federal standards for long-term care insurance policies, including requirements that such policies: (1) offer optional inflation protection features, nonforfeitable benefits after a certain vesting period should the policy lapse, and limited premium increases; (2) be guaranteed renewable except for nonpayment of premiums or material misrepresentation; (3) use standard language and uniform format with certain variations in language permitted; (4) disclose a detailed outline of coverage; (5) allow purchasers 30 days to rescind their purchase of the policy and to have the premium refunded; (6) not condition or limit eligibility for benefits, including non-institutional benefits, except in cases of preexisting conditions; (7) use functional assessment tools for determining home care eligibility; (8) provide a right to appeal denials for home care eligibility; (9) provide a six-month period of contestability after issuance of the policy; (10) prohibit discrimination in cases of individuals with Alzheimer's disease; and (11) provide benefits over a period of at least 12 consecutive months. Regulates the marketing of long-term care insurance policies by establishing prohibitions on certain sales practices, such as high pressure tactics, and on sales to Medicaid beneficiaries and sales of duplicate service benefit policies. Imposes additional requirements on issuers of long-term care insurance policies with respect to: (1) the prompt mailing of new policies after approval; (2) the furnishing of information to policyholders regarding denied claims and to the Secretary and appropriate State officials regarding policies, premiums, denied claims, lapse, replacement, and rescission rates; and (3) the obtaining of medical assessments for elderly applicants if the policy is not guaranteed to be issued. Sets forth civil penalties for issuing unapproved or uncertified policies and for violating prohibited sales practices and the requirements imposed on issuers of long-term care insurance policies. Requires reports on functional ability assessment tools and on solvency protections for such issuers. Requires a study to develop a standard measure of value for long-term care insurance policies. Amends the Omnibus Budget Reconciliation Act of 1990 to increase funding for long-term care insurance information, counseling, and assistance.
![Official portrait of Sen. Durenberger, Dave [R-MN]](https://www.congress.gov/img/member/d000566_200.jpg)