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Law· HRH.R. 2629 (102nd)enacted
United States · United States Congress · 12 June 1991
Women's Business Development Act of 1991 - Amends the Small Business Act to authorize the Small Business Administration (SBA) to provide financial assistance to private organizations to conduct three-year demonstration projects for small business concerns owned and controlled by women. Conditions such assistance on the recipient organization's agreement to obtain cash contributions from private sector sources according to certain guidelines. Authorizes appropriations to implement the demonstration project. Requires the SBA to report annually to certain congressional committees on the efficacy of such demonstration projects. Repeals the fiscal year limitation on specified loans to small business concerns (thus permanently authorizing the small loan program). Amends the Women's Business Ownership Act of 1988 to provide that the Chairperson and Vice Chairperson of the National Women's Business Council shall be a representative of either the public or private sector, and shall serve a maximum two-year term. Prohibits: (1) consecutive terms to the same office; (2) consecutive Chairperson designees from the public sector; and (3) the Chairperson and Vice Chairperson from being from the same sector concurrently.
Bill· HRH.R. 2626 (102nd)referred
United States · United States Congress · 12 June 1991
Amends the District of Columbia Code to eliminate congressional reporting requirements for the District of Columbia relating to: (1) settlements of claims against the District; (2) the Washington Metropolitan Area Transit; (3) the Public Defender Service; (4) dwellings in alleys; (5) the Office of Emergency Preparedness; (6) the transfer of jurisdiction over property between the United States and the District of Columbia; (7) applications to courts for conducting wiretaps; (8) administration of the District of Columbia Pretrial Services Agency; (9) programs for rehabilitation of alcoholics; (10) charitable institutions; (11) insurance companies doing business in the District; (12) the Apprenticeship Council; (13) accounts of public utilities; (14) gas companies doing business in the District; (15) the status of home purchase assistance fund; (16) the unemployment fund; and (17) the use of tax-exempt property.
Law· HRH.R. 2622 (102nd)enacted
United States · United States Congress · 12 June 1991
Treasury, Postal Service and General Government Appropriations Act, 1992 - Title I: Department of the Treasury - Treasury Department Appropriations Act, 1992 - Makes appropriations to the Department of the Treasury for FY 1992 for: (1) departmental offices; (2) the Office of Inspector General; (3) the Financial Crimes Enforcement Network; (4) the Federal Law Enforcement Training Center; (5) the Financial Management Service; (6) the Bureau of Alcohol, Tobacco, and Firearms; (7) the United States Customs Service; (8) the United States Mint; (9) the Bureau of the Public Debt; (10) the Internal Revenue Service; and (11) the United States Secret Service. Prohibits funds appropriated under this title from being used for the collection of any underpayment of tax, unless collected under specified procedures. Requires appropriated funds attributable to efficiency savings for FY 1992 to be withheld from obligation unless the estimated savings are not achieved. Title II: Postal Service - Postal Service Appropriations Act, 1992 - Makes appropriations to the Postal Service Fund for FY 1992. Title III: Executive Office of the President - Executive Office Appropriations Act, 1992 - Makes appropriations for FY 1992 for the Executive Office of the President, for salaries and/or operating expenses of the following: (1) compensation of the President; (2) the executive residence at the White House; (3) the Office of Administration; (4) the White House Office; (5) the official residence of the Vice President; (6) the provision of special assistance to the President; (7) the Council of Economic Advisers; (8) the Office of Policy Development; (9) the National Critical Materials Council; (10) the National Security Council; (11) the Office of Management and Budget; (12) the Office of Federal Procurement Policy; (13) the Office of National Drug Control Policy; and (14) unanticipated needs. Title IV: Independent Agencies - Independent Agencies Appropriations Act, 1992 - Makes appropriations for FY 1992 for the following independent agencies: (1) the Administrative Conference of the United States; (2) the Advisory Commission on Intergovernmental Relations; (3) the Committee for Purchase from the Blind and Other Severely Handicapped; and (4) the Federal Election Commission. Makes funds deposited in the Federal Buildings Fund available for specified purchases of the General Services Administration (GSA), limiting the availability of such funds for certain programs, construction projects, purchases, and repairs and alterations of GSA. Makes appropriations to GSA for FY 1992 for: (1) the Federal Supply Service; (2) the Federal Property Resources Service; (3) real property relocation; (4) general management and administration; (5) the Information Resources Management Service; (6) the Office of Inspector General; and (7) allowances and office staff for former Presidents. Limits the amount of funds that may be transferred between appropriations within the GSA, requiring such proposed transfers to be submitted to the Senate and House Appropriations Committees for approval. Authorizes agencies to make rent payments to GSA for lease space relating to expansion needs at commercial equivalent rates specified under the Federal Property and Administrative Services Act of 1949. Authorizes appropriations out of the Federal Buildings Fund. Requires the specific approval of the Congress before the obligation or expenditure of funds for the sale, excessing, surplusing, or disposal of lands in the vicinity of Norfolk Lake, Arkansas, and lands in the vicinity of Bull Shoals Lake, Arkansas, both administered by the Corps of Engineers. Authorizes the reimbursement of travel, transportation, and subsistence expenses incurred for training classes, conferences, or other meetings in connection with the provision of child care services by persons employed to provide such services for Federal agencies. Directs the Administrator to coordinate its requirements for office and other space to house Government activities by utilizing assets of the Resolution Trust Corporation and its receivers and conservators. Authorizes the fund for real property management to receive any revenues, collections, or other income during FY 1992 related to energy savings to remain available for Federal energy management improvement programs authorized by law or deemed appropriate by the Administrator of GSA. Directs GSA to pay for expenses related to the relocation of the U.S. Fish and Wildlife Service regional office. Authorizes the Administrator of GSA to: (1) accept property from Maryland at no cost for the construction of a computer facility for the Bureau of the Census; and (2) begin preliminary design work. Requires the submission of a prospectus and a project need evaluation to the Congress no later than August 23, 1991. Makes appropriations for FY 1992 for the following purposes: (1) the National Archives and Records Administration; (2) the Office of Government Ethics; and (3) the Office of Personnel Management. Makes appropriations for FY 1992 for the Merit Systems Protection Board, the Federal Labor Relations Authority, the United States Tax Court, and the Office of Special Counsel. Title V: General Provisions (this Act) - Sets forth certain prohibitions and limitations on the use of appropriations made under this Act. Prohibits any of the funds made available under this Act from being used for any of the following: (1) for administrative expenses in closing the GSA Federal Information Center in Sacramento, California; (2) for the purpose of eliminating any existing requirements for sureties on customs bonds; (3) for the funding of any activity or the payment of any Government employee which would prohibit the enforcement of a specified provision of the 1930 Tariff Act; and (4) to transfer control over the Federal Law Enforcement Training Centers in Glynco, Georgia, Marana, Arizona, and Artesia, New Mexico, out of the Treasury Department. Prohibits the use of any part of an appropriation made in this Act for the payment of the salary of any officer or employee of the U.S. Postal Service who in any way interferes with another employee's ability to communicate with any member or committee of the Congress in connection with any matter pertaining to the employment of such officers or employees with the Postal Service. Prohibits, with specified exceptions, the use of any funds appropriated under this Act to pay for an abortion, or to fund any Federal health plan which provides any benefits or coverage for abortions. Prohibits any funds appropriated in this Act from being available to solicit bids or enter into any contracts to close or consolidate executive seminar centers for the Office of Personnel Management. Authorizes the Administrator of GSA to acquire space for the United States Courts in Tacoma, Washington, at the site of Union Station in that city. Provides authority to establish pay rates for Federal employees during FY 1992. Prohibits the use of funds to contract out positions or downgrade the position classification of the United States Mint Police Force and the Bureau of Engraving and Printing Police Force. Authorizes the United States Secret Service to accept donations of money to offset costs incurred while protecting former Presidents and their spouses when traveling for the purpose of making an appearance or speech for a payment of money or any thing of value. Prohibits the use of funds appropriated by this Act or any other Act: (1) to withdraw the designation of the Virginia Inland Port at Front Royal, Virginia, as a United States Customs Service port of entry; or (2) to transfer mail processing capabilities from the Las Cruces, New Mexico, postal facility. Requires the Postal Service to recognize the rapid rate of population growth in Las Cruces and to automate such facility. Requires the absorption of FY 1992 pay raises within the levels appropriated by this Act. Prohibits the use of funds to reduce the rank or rate of pay of a career appointee in the Senior Executive Service upon reassignment or transfer. Prohibits the use of funds to award a Federal agency lease in the Omaha, Nebraska - Council Bluffs, Iowa, geographical area which does not meet specified criteria. Prohibits the use of funds, with respect to an employee of the Bureau of the Public Debt in the Washington Metropolitan region on April 10, 1991, to separate, reduce the grade or pay of, or carry out any other adverse personnel action against such individual for declining to accept a directed reassignment to a position in Parkersburg, West Virginia. Makes such prohibition inapplicable for any individual who declines a comparable position in the Department of the Treasury and in the region. Requires the Commissioner of the Internal Revenue Service to report to the Congress on the program to prevent abuses of taxpayers' rights by the Service. Directs the Commissioner to establish a group of individuals to monitor and evaluate the effectiveness of such program. Requires the Comptroller General to report to the Congress on an assessment and evaluation of the implementation and effectiveness of the program to prevent such abuses. Title VI: General Provisions (Departments, Agencies, and Corporations) - Sets forth certain requirements for and prohibitions and limitations on the use of appropriations made by this Act. Prohibits any part of any funds appropriated in this or any other Act from being used to pay the salary of any officer or employee of the Government whose post of duty is in the continental United States unless such person: (1) is a citizen of the United States; (2) has filed a declaration of intention to become a citizen of the United States; (3) is a person owing allegiance to the United States; (4) is a lawfully-admitted alien from Poland, Cuba, South Vietnam, or the Baltic countries; or (5) is a South Vietnamese, Cambodian, or Laotian refugee paroled in the United States after January 1, 1975. States exceptions and provides penalties for those persons submitting false affidavits under this provision. Prohibits funds from any appropriation in the current year from being paid to a person for filling a position for which he or she has been nominated after the Senate has voted not to approve such nomination. Authorizes the use of foreign credits owed to or owned by the United States for any purpose for which appropriations are made for the current year, only when the appropriate reimbursement is made to the Treasury from the agency concerned. Prohibits funds available pursuant to this Act from being used to implement any regulation which has been disapproved by a resolution duly adopted under the laws of the United States. Prohibits any funds made available under this Act from being used to plan, implement, or administer: (1) any reduction in the number of regions, districts, or entry processing locations of the U.S. Customs Service; or (2) any consolidation or centralization of duty assessment or appraisement functions of any offices of such Service. Requires the advance approval of the House and Senate Committees on Appropriations before an executive agency purchases, constructs, and/or leases any additional facilities, except within or contiguous to existing locations, for the purposes of conducting Federal law enforcement training. Sets forth the conditions under which Federal agencies may procure automatic data processing equipment other than through the procurement known as FTS2000. Prohibits the obligation or expenditure of any FY 1992 appropriations by any Federal agency or instrumentality unless it has in place and administers in good faith a drug-free workplace policy. Sets forth conditions for the use of Federal grant money to finance the acquisition of goods or services with an aggregate value in excess of $500,000. Authorizes the use of funds for the interagency funding of national security and emergency preparedness telecommunications initiatives which benefit multiple government entities. Allows the use of funds by participants in the Federal Flexiplace Project to install telephone lines, necessary equipment, and pay monthly charges, in any private residence or apartment. Makes sick leave available to Federal employees for purposes relating to the adoption of a child. Allows an employee in or under an executive agency to be granted leave without loss of or reduction in pay, leave to which otherwise entitled, credit for time or service, or performance or efficiency rating, for the time, not to exceed seven days in a calendar year, necessary to permit the employee to serve as a bone marrow or other organ donor, to test the feasibility of this concept during FY 1992. Requires Federal employing agencies to make deposits into the Federal Employees Compensation Account of the Unemployment Trust Fund not later than 30 days after the Department of Labor has billed such agencies. Authorizes the reimbursement of travel, transportation, and subsistence expenses incurred for training classes, conferences, or other meetings in connection with the provision of child care services for Federal employees. Prohibits the use of funds to implement the Chief Financial Officers Act of 1990 (Public Law 101-576), concerning the financial management systems of the Federal Government.
Bill· HRH.R. 2627 (102nd)referred
United States · United States Congress · 12 June 1991
Higher Education Act Amendments of 1991 - Amends the Higher Education Act of 1965 (HEA) to revise and reauthorize its programs. Title I: Access and Retention - Establishes a new HEA title I, Access and Retention, to provide special programs and projects: (1) to identify and encourage students from low-income or educationally disadvantaged backgrounds who have potential for postsecondary and graduate education; and (2) to prepare students from such backgrounds for such education. (Replaces the current title I, Postsecondary Programs for Nontraditional Students.) Establishes a new Precollege Outreach Program of grants to States (replacing the current part A program) to support outreach services for individuals from low-income and educationally disadvantaged backgrounds in order to help them successfully complete secondary education and begin and succeed in postsecondary education. Authorizes States to make subgrants to eligible entities to carry out one or more of such services. Provides for a gradually declining Federal share of project costs, from 90 percent in the first year, with five percent reductions in succeeding years leveling off at 70 percent for the fifth year and thereafter. Includes among criteria to be used by the State agency in selecting projects the degree to which an applicant's service area include large numbers of low-income or first-generation college students. Prohibits an institution of higher education from using such grant funds for recruitment of students to enroll at that institution. Authorizes appropriations. Establishes a new Student Support Service Program of grants to institutions of higher education (replacing the current part B Natinal Programs) to support individuals pursuing postsecondary education programs who are first-generation college students or from low-income or educationally disadvantaged backgrounds. Directs the Secretary, in making such grant awards, to give highest priority to projects at institutions with the lowest educational and general expenditures per full-time equivalent student. Sets forth types of authorized services to assist in motivating and preparing students for postsecondary education. Authorizes appropriations. Establishes a new Ronald E. McNair Graduate Outreach Program of grants to institutions of higher education (combining and replacing certain current part C programs) for services to eligible individuals from low-income and educationally disadvantaged backgrounds to prepare them for graduate, professional, and doctoral study. Directs the Secretary not to make such a grant award without assurances that: (1) at least two-thirds of project participants will be first-generation college students from low-income families; (2) remaining participants will be from a group underrepresented in graduate education; (3) participants will be enrolled in a degree program, at an institution of higher education; and (4) participants in summer research internships will have completed their sophomore year in postsecondary education. Sets forth authorized uses of grant funds, including opportunities for research or other scholarly activities, summer internships, and fellowships. Authorizes appropriations. Title II: National Graduate Fellowships Program - Repeals HEA titles II (Academic Library and Information Technology Enhancement) and IX (Graduate Programs). Establishes a new HEA title II, National Graduate Fellowships Program, for competitive grants to institutions of higher education to provide financial support to highly qualified individuals in graduate studies in areas of national need (including individuals from groups traditionally underrepresented in such studies in such areas). Designates each fellowship recipient a National Graduate Fellow. Limits the fellowship stipend to five years. Authorizes the Secretary to award continuation grants to institutions demonstrating satisfactory progress. Requires institutions receiving them to give preference in awarding fellowship stipends to students who have received National Graduate Fellowships and who demonstrate satisfactory progress in their studies. Sets forth reporting requirements. Directs the Secretary to make new grants under title II only to the extent that funds remain from continued prior funding under HEA to recipients of graduate fellowship assistance for: (1) the Foreign Language and Areas Studies Fellowship Program; (2) the Patricia Roberts Harris Fellowship Program; (3) the Jacob K. Javits Fellows Program; or (4) the Graduate Assistance in Areas of National Need Program. Requires institutions receiving title II grants to give preference in awarding fellowships to students who previously received such assistance under a listed program. Allows a student who received such assistance to subsequently receive a National Graduate Fellowship, but limits the combined period of assistance to not more than five years. Authorizes appropriations. Title III: Institutional Aid - Revises HEA title III, Institutional Aid. Eliminates provisions for special consideration for certain activities. Deems these simply as allowable program activities.) Revises eligibility criteria for institutions to require that their average educational and general expenditures be lower, by a percentage determined annually, than the same expenditures per full-time equivalent undergraduate student of institutions that offer similar instruction. Eliminates as a requirement for such assistance that such institutions are to have been authorized for the preceding five years to offer a specified degree program and accredited or making reasonable progress toward accreditation. Eliminates provisions for waivers of such requirement for institutions with specified percentages of minority students. Limits grant awards to only one such grant, with a maximum five-year duration, to any eligible institution, except that a one-year planning grant may be awarded for preparing plans and applications. Requires: (1) grant applications to describe measurable goals for the institution's management and academic programs, and a plan for achieving them; and (2) continuation applications to demonstrate progress toward achieving them. Revises the program of grants to strengthen Historically Black Colleges and Universities. Allows the use of grant funds to establish or improve a development office to strengthen or improve contributions from alumni and the private sector. Prohibits awarding to any one undergraduate institution: (1) more than two such grants for a period not to exceed ten years from September 30, 1987; or (2) any grant exceeding five years. Requires grant applications to describe measurable goals for the institution's financial management as well as academic goals, and plans to achieve them. Revises and renames a certain program Endowment Challenge Grants for Institutions Eligible for Assistance. Increases the amount (from $10,000,000 to $20,000,000) which appropriations for such grants must exceed before the Secretary may make a two-to-one matching endowment grant exceeding $1,000,000 to an institution. Gives priority for endowment grants to applicants that have received another title III grant within the preceding five years. Revises title III general provisions. Authorizes appropriations. Title IV: Student Assistance - Part A: Grants to Students - Amends HEA title IV (Student Assistance) with respect to the program of Grants to Students in Attendance at Institutions of Higher Education. Subpart 1: Pell Grants - Extends Pell Grant program authority through FY 1997. Eliminates a requirement that the Secretary make an advance payment to eligible institutions of at least 85 percent of the amount each institution requests as needed to pay Pell Grants to eligible students. Revises requirements for the amount of Pell Grants. Sets the amount of an award to a student at the lesser of: (1) the specified maximum award less the expected family contribution; or (2) the percentage (based on family-income level) of the amount of the student's need for financial assistance (i.e. cost of attendance minus expected family contribution). Increases the maximum award amount to $3,700 for 1992-3 and the four succeeding award years. Sets forth a table of percentages of student need for award computation. Increases the minimum allowable award from $200 to $400. Eliminates certain restrictions on the award of Pell Grants to students attending on a less than half-time basis. Revises the period of eligibility for Pell Grants. Limits such period to the full-time equivalent of three academic years in the aggregate in the case of all undergraduate degree or certificate programs normally requiring two years or less. Specifies that longer eligibility periods for longer programs are cumulative and include periods for which the student received a Pell Grant under shorter programs Revises requirements for adjustments for insufficient appropriations for the Pell Grant program. Provides for reduction of all awards by a percentage determined in accordance with a schedule of reductions by the Secretary. (Currently certain awards are held harmless.) Increases the minimumm allowable Pell Grant, under such reduction formula, from $100 to $200. Eliminates certain limitations on the availability of Pell Grant funds when excess amounts are available at the end of a fiscal year. Subpart 2: Supplemental Educational Opportunity Grants - Extends the authorization of appropriations for the Supplemental Educational Opportunity Grants (SEOG) program, but reduces the amount of funding. Reduces the Federal share of SEOG awards to not more to not more than 50 percent in FY 1992 and thereafter. (Current law provides for a maximum Federal share of 85 percent in FY 1991, and allows an even greater Federal share if the Secretary determines it warranted.) Subpart 3: Repeals - Repeals authority for the following programs: (1) Grants to States for State Student Incentives (SSI); (2) Special Programs for Students from Disadvantaged Backgrounds (TRIO programs); (3) Assistance to Institutions of Higher Education (including the Veterans Education Outreach Program); and (4) Special Child Care Services for Disadvantaged College Students. Subpart 4: Presidential Achievement Scholarship Program - Creates a Presidential Achievement Scholarship Program to award scholarships to Pell Grant recipients who demonstrate high levels of academic achievement. Authorizes appropriations. Allows Presidential Achievement Scholars to receive up to four scholarships, each for one academic year, for full-time undergraduate study (or five scholarships for full-time undergraduate study programs that require attendance for five academic years). Bases eligibility in the first year of postsecondary education on the student's receiving a Pell Grant and either: (1) ranking, or having ranked, in the top ten percent, by grade point average, of his or her high school graduating class; or (2) achieving at least the announced minimum score on one of the nationally administered, standardized tests identified by the Secretary. Bases eligibility after the first year on the student's receiving a Pell Grant and: (1) being enrolled in a program of study of at least two years that lead to a degree or certificate; and (2) ranking in the top 20 percent, by cumulative grade point average or equivalent, of his or her postsecondary education class as of the last academic year of study completed. Provides that a student's eligibility for such a scholarship does not depend on receipt of scholarship or Pell Grant in the previous academic year. Requires full-time attendance at the institution as a condition for receiving such a scholarship. Directs the Secretary to establish scholarship award procedures, including deadlines for consideration of students. Requires disbursement of scholarship proceeds to the institutions, but not until the student recipients are enrolled. Sets such scholarship award at $500 for any academic year. Reduces such amount by the amount it exceeds the student's cost of attendance by itself or when combined with other Federal or non-Federal grant or scholarship assistance in the the academic year. Provides for proportionate reductions in each award to adjust for insufficient appropriations. Subpart 5: National Science Scholars Program - Creates a National Science Scholars Program to award scholarships to outstanding students, selected by the President, for the study of physical, life, or computer sciences, mathematics, or engineering. Authorizes appropriations. Provides for an initial award for the first year of undergraduate study and a continuation award for the remaining three (or four) years, as appropriate. Allows National Science Scholars to use such award to attend any defined institution of higher education. Requires the Director of the National Science Foundation (NSF Director) and the Secretary to jointly establish criteria for selection of scholars for initial year awards. Requires such criteria to include potential to successfully complete a postsecondary program, and motivation to pursue a career, in such fields. Allows consideration to be given to individual financial need and to the nondiscriminatory promotion of participation by minorities and individus with disabilities. Requires States to establish a nominating committee, if they desire to qualify student residents for selection. Requires each State nominating committee to submit to the President nominations of from four to ten individuals from each congressional district. Requires priority ranking of such nominations. Requires the President to select and announce two such scholars for each academic year from each congressional district. Directs the Secretary to make continuation awards of additional scholarships to recipient of initial awards who meet specified requirements. Requires disbursement of scholarship proceeds to the institutions, but not until the student recipients are enrolled. Requires the NSF Director and the Secretary to encourage the support and assistance of civic groups, the business community, professional associations, institutions of higher education, and others in providing scholarship assistance to National Science Scholarship finalists. Sets forth eligibility requirements for initial and continuation awards. Allows the Secretary to waive full-time attendance requirements in unusual circumstances. Directs the Secretary to determine circumstances for eligibility reinstatement after an interruption of schooling for personal reasons. Requires the Secretary annually to notify all public and private secondary schools and all institutions of higher education in each State of the availability of such scholarships. Sets such a scholarship award at $6,000 for any academic year. Reduces such amount by the amount it exceeds the student's cost of attendance by itself or when combined with other Federal and non-Federal grant or scholarship assistance in the academic year. Provides for proportionate reductions in each award to adjust for insufficient appropriations. Requires priority consideration to be given students receiving such scholarships, to the extent they are otherwise qualified, for federally financed summer employment in federally funded research and development centers that complements and reinforces their educational program. Requires Federal agencies to participate actively in providing appropriate summer employment opportunities for such students. Repeals provisions of the Excellence in Mathematics, Science, and Engineering Education Act of 1990 which currently authorize the National Science Scholars Program. Subpart 6: Special Programs for Students Whose Families Are Engaged in Migrant and Seasonal Farmwork - Revises the Special Programs for Students Whose Families Are Engaged in Migrant and Seasonal Farmwork. Renames certain grants as grants to build the program capacity of educational agencies, institutions, and organizations to operate high school equivalency programs (HEP) and college assistance migrant programs (CAMP) for migrant students. Makes State and local educational agencies (as well as as institutions of higher education and private nonprofit organizations) eligible for such HEP grants. Allows provision of HEP services to individuals 16 years of age or older, or beyond the State age of compulsory school attendance, and not currently enrolled in school. (Current laws requires 17 years of age or over.) Limits authorized CAMP services, with specified exceptions, to those services necessary to assist migrant students in completing their first year of college. Requires CAMP grantees to provide follow-up services for migrant students after their first year of college. Authorizes use of up to ten percent of the CAMP grant for such follow-up services. Requires such follow-up services to include: (1) monitoring and reporting on student academic progress; and (2) referring students to providers of counseling services, academic assistance, or financial aid. Requires each project application to include a long-range management plan describing how the applicant will, over the grant period, gradually assume financial responsibility to provide services substantially similar to those proposed in the application. Requires the Secretary in making grants, to consider the geographic distribution of the persons to be served by grantees. Requires grant awards to be one-time, nonrenewable grants for: (1) a five-year period for first-time grantees; and (2) a three-year period for previous grantees. Provides for a Federal share of 90 percent in the first year, declining to 50 percent in the last year of such grants. Retains the $150,000 minimum allocation for each project. Extends the authorization of appropriations for the the HEP and CAMP programs. Subpart 7: Robert C. Byrd Honors Scholarship Program - Revises the Robert C. Byrd Honors Scholarship Program, particularly the formula for allocation of such scholarship program funds among States. Bases such allocation on relative population ages five through 17. Provides that each State shall receive at least ten scholarships. Allocates to the State $1,500 per scholarship. Eliminates a requirement that ten such scholars be selected for each congressional district. Requires the State education agency to adopt selection procedures to ensure an equitable geographic distribution of awards within the State. Eliminates requirements for an award ceremony. Extends the authorization of appropriations for the Robert C. Byrd Honors Scholarship Program. Part B: Guaranteed Student Loans - Revises the Robert T. Stafford Student Loan program. Extends the authorization for, and the amount of, new loan principal that may be made to students covered by Federal loan insurance. Increases the annual and aggregate loan limits under the Stafford loan and the Supplemental Loans for Students (SLS) programs. Requires lenders to: (1) offer Stafford and SLS loan borrowers the option of repaying such loans on a graduated repayment schedule under specified conditions; (2) obtain the borrower's authorization for entry of judgment against the borrower in the event of default; and (3) obtain the borrower's driver's license number, if any, at the time of loan application (for the parent loan PLUS program, as well). Eliminates a provision which allowed an institution to refuse to certify a student's eligibility for a loan, or allowed it to certify a lesser amount, under specified conditions. Revises loan deferment provisions. Retains deferment while the borrower is in specified courses of study. Replaces the various current categorical deferments with a hardship deferment of up to three years in the aggregate. Requires the lender to grant specified forbearance if the borrower is a Peace Corps or VISTA volunteer does not qualify for such hardship deferment. Revises provisions for Federal reinsurance coverage. Revises the period in which guaranty agencies must file reinsurance claims. Revises requirements for calculation and payment of such reinsurance. Requires in the case of Stafford, SLS, and PLUS loan applicants over age 21, that the lender: (1) obtain a credit report; and (2) require a cosigner for such applicants who have adverse credit histories. Allows the lender to charge such applicants for the actual cost of such credit reports, up to $25. Requires a 60-day delayed disbursement of Stafford or SLS loans to first-year undergraduates at institutions with default rates of 30 percent or greater. (Retains the current 30-day delayed disbursement for first-year undergraduates at institutions with default rates less than 30 percent.) Revises provisions for eligibility limitations, suspensions, terminations, other hearing procedures, and fines for lenders or institutions that violate program requirements. Sets forth conflict-of-interest restrictions on guaranty agency officers and employers. Prohibits any guaranty agency from permitting any of its officers or employees, or any member of their immediate families, to have a direct financial interest in, or serve as an officer or employee of, any lender, secondary market, contractor, or service with which the guaranty agency does business. Includes financial information among the information the Secretary may reasonably require from a guaranty agency to carry out the student loan programs and protect the U.S. financial interest. Revises the administrative cost and collection retention allowances for guaranty agencies. Revises provisions for oversight of guaranty agencies. Authorizes the Secretary to require a guaranty agency to submit and implement a management plan if the ratio of its reserve funds to outstanding guarantees is less than a set level, or if its administrative or financial condition jeopardizes its continued ability to perform its responsibilities under its guaranty agreement. Authorizes the Secretary to terminate the guaranty agreement with any agency that fails to submit an acceptable management plan or fails to improve substantially its condition in accordance with such a plan. Authorizes the Secretary to assume guaranty agency functions of agencies whose agreements are terminated by the Secretary or themselves. Limits the Secretary's liability for any outstanding liabilities of a guaranty agency, the functions of which the Secretary has assumed, to the fair market value of assets assigned by the agency to the Secretary, minus any necessary liquidation or administrative costs. Requires State backing of designated guaranty agencies. Requires each State to guarantee, with its full faith and credit or the equivalent, all student loans guaranteed by the guaranty agency designated for that State for borrowers attending eligible institutions in that State. Provides that a State may elect to guarantee, in addition, student loans guaranteed by any other guarantee agency for borrowers who are attending eligible institutions in that State. Requires the State, if such a guaranty agency backed by the State is unable to discharge its insurance obligation, to be responsible for discharging them, as well as administrative costs associated with transferring the guaranty agency's operations to another entity. Directs the Secretary, if a State discharges such insurance obligations, to pay the State the amount the guaranty agency would otherwise have received as reimbursement. Directs the Secretary, unless a State demonstrates by January 1, 1994, that it is backing the designated guaranty agency, to assess institutions of higher education participating in the student loan program that are located in that State a fee based on the risk of financial loss to the Federal Government that the State would otherwise assume. Requires such fees to be deposited in the student loan insurance fund. Requires a State to pay a share of default costs in specified circumstances. Allows a State to charge a fee to an institution of higher education in the State participating in the loan program according to an approved fee structure based on the institution's cohort default rates and the State's risk of loss under such requirement Eliminates the student loan program eligibility of foreign institutions (but not of study abroad that is part of the curriculum of U.S. institutions). Revises the definition of cohort default rate. Reduces the special allowance rates for holders of loans for which the cohort default rate exceeds 20 percent. Requires the Student Loan Marketing Association (Sallie Mae) to notify the Secretary, within 15 days, when: (1) it makes a loan or extends any other form of credit to a guaranty agency; (2) its cumulative loans or other forms of credit outstanding to any one lender exceed $50,000,000; or (3) it makes any additional loans or other forms of credit to a lender whose cumulative outstanding loans from it exceed $50,000,000. Requires Sallie Mae's annual report on its operations and activities: (1) to be submitted to the Secretary and the Congress (currently the President and the Congress); and (2) to include specific information regarding its investments and debts, the characteristics of its student loan portfolio, and other data which the Secretary may reasonably require. Part C: Work-Study Programs - Extends the authorization of appropriations for Work-Study Programs (but reduces the amount of such funding). Lowers the maximum Federal share of the the compensation of students employed in the work-study program to 50 percent for FY 1992 and succeeding fiscal years. (Current law sets it at 70 percent for academic year 1990-1991 and succeeding academic years.) Eliminates special incentives (such as increased Federal administrative allowance and increased Federal share of student compensation for community service-learning jobs under the work-study program. Lowers the maximum Federal share of the cost of any job location and development program, under the work-study program from 80 percent to 50 percent. Prohibits students attending proprietary institutions of higher education from being employed by such institutions under the work-study program (but allows them to participate in work-study program employment by a government agency or a private nonprofit organization). Reduces from $200 to $100 the amount of work-study program compensation in excess of need that a student may receive. Eliminates provisions for private sector employment agreements under the work-study program. Part D: Income Contingent Loan Program - Extends through FY 1996 the authorization of appropriations for the Income Contingent Direct Loan Program (ICL program) (and increases the amount of such funding). Eliminates the limitation that the Secretary may not enter into ICL agreements with more than ten institutions of higher education. Makes consortia of institutions of higher education (as well as single institutions) eligible to participate in the ICL program. Provides for an aggregate ICL loan limit of $50,000 for individual graduate and professional students, including any such loans made to such persons before they become graduate or professional students. Provides for an annual limit of $10,000 on ICL loans to graduate and professional students. (Retains current limits for undergraduates.) Requires ICL applicants to provide their driver license number, if any. Requires institutions to: (1) obtain a credit report on any ICL applicant over age 21; and (2) require any such applicant with an adverse credit history to obtain a cosigner. Requires the Secretary to report to the Congress on the cost-effectiveness of the ICL program, its impact on participating institutions and students, and the feasibility of extending it to a loan program of general applicability. Part E: Perkins Loan Program - Authorizes appropriations for the Perkins Loan Program, but only for reimbursement of institutions for Perkins loans that are cancelled for certain public service. Terminates the authorization of appropriations for: (1) Federal contributions to student loan funds established under such program; and (2) continuation loans to certain students who have received earlier Perkins Loans. Revises provisions for terms of such loans and cancellation for public service. Extends provisions for distribution of assets from such student loan funds. Repeals provisions for allocation of funds. Part F: Need Analysis - Revises provisions for need analysis to apply them to all need-based student assistance programs, including Pell Grants (which currently have a separate need analysis system). Revises the definitions of cost of attendance and family contribution, as well as provisions for data elements used in determining the expected family contribution. Revises the formula for calculation of the expected family contribution for a dependent student to eliminate references to the student's spouse. Allows application of any parents' negative available income: (1) to reduce the parents' income supplement amount from assets; and (2) if there is any negative amount remaining after that is reduced to zero, to increase the allowances against the dependent student's income. Revises the minimum dependent student contribution to be the greater of: (1) specified amounts that vary according to family total income; or (2) 70 percent of the student's total income, minus the adjustment to student income. Eliminates certain exceptions to the general need analysis calculation for dislocated workers and displaced homemakers. Excludes from the calculation of net worth the net value of the principal place of residence for the families of dependent students and for independent students, if their adjusted gross income is less than $20,000. Revises the tables for determination of standard maintenance allowance, employment expense allowance, adjusted net worth of business and of farm, asset protection allowance, and parents' assessment from available income. Revises the asset protection allowance to provide for consideration of the average age of both parents. Revises provisions for family contribution for married or single independent students without dependents (including various revisions similar to those described for dependent students). Includes married, as well as unmarried, students under this category of independent students without dependents. Revises provisions for minimum student contribution under this category. Revises tables for determining various allowances and other factors. Revises provisions relating to the family contribution for married or single independent students with dependents (including provisions similiar to those in other categories). Revises tables for determining various allowances and other factors. Eliminates certain restrictions on the Secretary's authority to prescribe regulations to carry out need analysis requirements. Revises provisions relating to development of revised tables of assessment rates for purposes of such need analysis. Authorizes the Secretary to prescribe regulations specifying situations in which the data elements considered in determining a student's expected family contribution may be modified to accommodate the special circumstances of the student. Part G: General Provisions - Revises general provisions relating to student assistance programs. Includes as an institution of higher education for the student assistance programs any institution that provides programs of at least six months (or 600 clock hours) that prepare students for gainful employment in recognized occupations, and that has been in existence for at least two years. Makes ineligible for student assistance program participation for specified periods any institution whose cohort default rate equals or exceeds a specified threshold percentage. Revises provisions for proprietary institutions of higher education. Authorizes the Secretary, if a particular category of proprietary institution does not meet specified student assistance program requirements because there is no nationally recognized accrediting agency or association qualified to accredit such institutions, to: (1) appoint an advisory committee to recommend qualifying standards; and (2) determine whether the particular schools meet them. Provides for reduction of student assistance loan award maximums for short-term programs. Revises provisions relating to a master calendar. Revises provisions for a common financial reporting form for determination of expected family contribution. Requires students, in order to remain eligible for assistance, to satisfy specified minimum academic achievement standards, including an academic standing above the bottom ten percent of their postsecondary class. Directs the Secretary to implement a system of verification of immigration status. Revises requirements for borrower information to be submitted to the institution during the exit interview. Eliminates certain provisions for training in financial aid and student support services. Requires any institution participating in any student assistance program to have in effect a fair and equitable refund policy and to provide a written statement of it, with examples, to prospective students. Revises provisions for student assistance program participation agreements. Requires the institution to acknowledge the authority of the Secretary, guaranty agencies, accrediting agencies, and State licensing bodies to share with each other any information pertaining to the institution's eligibility to participate in such programs. Prohibits institutions from providing any incentive payments for securing enrollments to any persons or entities engaged in any student recruiting or admission activities or in making decisions regarding the award of student financial assistance. Eliminates the requirement that hearings be on the record, with respect to program participation limitation, suspension, or termination procedures. Authorizes the Secretary to conditionally certify an institution's eligibility to participate in student assistance programs, under specified circumstances. Provides for loan collection wage garnishment. Authorizes a guaranty agency, or the Secretary where appropriate, to garnish the disposable pay of an individual to collect the amount owed or the required repayment, subject to certain conditions. Provides for data matching. Authorizes the Secretary to obtain from Federal or State agencies specified information relating to an individual for student loan collection purposes. Directs the Secretary of Labor to enter into an agreement to provide prompt access for the Secretary to wage and unemployment compensation claims information and data maintained by or for the Department of Labor or State employment security agencies. Subjects to specified criminal penalties attempts to commit specified offenses. Amends the Higher Education Technical Amendments of 1991 to make permanent the elimination of limitations on actions to collect defaulted student loans or grant overpayments. Title V: Education Recruitment, Retention, and Development - Establishes a new Partnerships for Innovative Teacher Education program, replacing the current Midcareer Teacher Training for Nontraditional Students program. Authorizes the Secretary to make grants to and contracts with State and local educational agencies, institutions of higher education, and consortia of such institutions and agencies to plan, establish, and operate teaching schools to develop and put into practice the best knowledge about teaching. Provides that such awards shall be for a term of three years, with renewals for two additional years under specified conditions. Provides for applications, priorities, uses of funds by award recipients, and authorized activities of such teaching schools. Authorizes appropriations. Sets the Federal share at 75 percent for the first three years and 50 percent for the final two years. Repeals provisions for School, College, and University Partnerships. Retains Professional Development and Leadership Programs. Authorizes appropriations to complete the final year of funding for the territories under provisions for Leadership in Educational Administration Development. Repeals provisions for Professional Development Resource Centers and Leadership in Educational Administration Development. Retains Teacher Scholarships and Fellowships. Renames the Congressional Teacher Scholarship Programs the Paul Douglas Teacher Scholarship Program. Makes such scholarships available to outstanding high school graduates who demonstrate an interest in teaching. Authorizes appropriations. Revises requirements for the teaching service obligation of certain scholarship recipients, repayment conditions, assurances of pursuing a teaching career, and maintenance of academic achievement. Revises the Christa McAuliffe Fellowship Program to authorize appropriations. Bases allotment of funds on the number of public school teachers in each State and other specified jurisdictions. Authorizes the Secretary, in extraordinary circumstances, to waive or defer all or a portion of the service requirement, or to allow fellows to fulfill their service requirement by teaching in another school or school district. Requires States, in making fellowship awards, to give priority to applicants proposing fellowship projects involving pursuit of eligible activities on a full-time basis as part of a sabbatical. Eliminates the requirement that announcement of such awards be made in a public ceremony. Repeals provisions for State Task Forces on Teacher Training. Title VI: International Education Programs - Revises the International and Foreign Language Studies program for graduate and undergraduate language and area centers to eliminate stipends and allowances for: (1) individuals undergoing advanced training; and (2) students beginning their third year of graduate training. Repeals provisions for grants to institutions of higher education or public or private nonprofit library institutions or consortia to acquire, maintain bibliographic data on, preserve, and make available to researchers and scholars certain periodicals published outside the United States which are not commonly held by U.S. academic libraries. Authorizes appropriations to carry out International Education Programs. Title VII: College Facilities Loans and Insurance - Revises and redesignates the Construction, Reconstruction, and Renovation of Academic Facilities Loans and Insurance program to: (1) provide higher education institutions with access to private capital construction debt through the College Construction Loan Insurance Association; and (2) provide for servicing of the remaining loan portfolio of the Higher Education Facilities Loans, College Housing Loans, and College Housing and Academic Facilities Loans authorized before the effective date of this Act. Repeals the authorization of appropriations and other provisions for: (1) Grants for the Construction, Reconstruction, and Renovation of Undergraduate Academic Facilities; (2) Grants for Construction, Reconstruction, and Renovation of Graduate Academic Facilities; (3) Loans for Construction, Reconstruction, and Renovation of Academic Facilities; (4) Grants to Pay Interest on Debt; (5) Housing and Other Educational Facilities Loans; and (6) Special Programs. Authorizes appropriations for remaining programs. Title VIII: Cooperative Education - Extends the authorization of appropriations for Cooperative Education (but reduces the amount of such funding). Eliminates certain reservations of funds for specified categories of projects. (Retains the current division of 75 percent of funds for grants for cooperative education programs and 25 percent for demonstration and innovation projects, training and resource centers, and research.) Defines cooperative education as the provision of alternating or parallel periods of academic study and public and private employment in order to give students work experience related to their academic or occupational objectives and an opportunity to earn the funds necessary for continuing and completing their education. Revises matching requirements for cooperative education grants. Requires grant applicants to describe fiscal support plans to ensure that such programs shall continue beyond the five-year period of Federal assistance at not less than the level of expenditures for the initial year of Federal assistance. Authorizes the Secretary to elect not to make a continuation award to a fund recipient that has failed to maintain such fiscal effort in years after the grant period. Requires each recipient to document to the Secretary its maintenance of fiscal effort beyond the five-year period of Federal assistance. Revises grant application requirements to require descriptions of: (1) the extent to which programs in the academic discipline for which the application is made have had a favorable reception by public and private sector employers; and (2) the plans the applicant will carry out to evaluate their cooperative education program at the end of the grant period. Eliminates certain factors for special consideration of applications. Directs the Secretary to give special consideration to applications which demonstrate a commitment to serving disadvantaged students and students with disabilities. Revises provisions relating to the duration of grants. Provides that: (1) only institutions that have received such a grant before enactment of this Act shall be eligible to receive one additional continuation grant of not more than five years; and (2) all other institutions may receive only a single five-year grant. Revises provisions for training and resource centers to provide that their improvement of materials used in cooperative education programs shall take place in conjunction with other specified activities. Title IX: Postsecondary Improvement Programs - Revises provisions for the Fund for the Improvement of Postsecondary Education (FIPSE). Repeals consultation provisions which prohibit any FIPSE grant or contract unless it has been submitted to the appropriate State entity and that entity has had an opportunity to submit comments and recommendations to the Secretary. Specifies that the Secretary appoints the Director of the National Board of FIPSE. Revises Board functions and repeals a requirement for a minimum number of Board meetings annually. Eliminates provisions requiring the Director to establish grant and contract review and evaluation procedures, and prohibiting such procedures from being subject to any review outside of officials responsible for FIPSE administration. Extends the authorization of appropriations for the FIPSE program. Revises and renames the Minority Science and Engineering Programs the Minority Science Improvement Program. Repeals a requirement that the Secretary submit to the Congress an annual list of grantees. Directs the Secretary in cooperation with the heads of other Federal departments and agencies that operate programs similar to the Minority Science Improvement Program, to report to the President before 1995, summarizing and evaluating those programs. Repeals provisions for Science and Engineering Access Programs. Requires grant recipients, in order to remain eligible to receive funds, to demonstrate to the Secretary that they are making reasonable progress toward achieving the project goals. Repeals specified provisions: (1) relating to procedures for grant and contract review; and (2) for the Advisory Board for the Minority Science and Engineering Improvement Programs. Extends the authorization of appropriations for the Minority Science Improvement Program. (Eliminates provisions allocating funds and providing an additional appropriation for new activities specifically aimed at increasing the participation of minority students in scientific and engineering research careers.) Revises and renames the Innovative Projects for Community Services and Student Financial Independence programs the Innovative Projects for Community Services, whose purpose shall be to support innovative projects to encourage student participation in community service projects, including literacy projects. Provides that the Secretary (rather than the FIPSE Board Director) shall establish the procedures under which the FIPSE Board approves Innovative Projects grant and contract applications. Extends the authorization of appropriations for Innovative Projects for Community Services (and increases the amount of such funding to reflect the incorporation of certain functions of the Student Literacy Corps eliminated by this Act). Title X: Partnerships for Economic Development and Urban Community Service - Repeals the Partnerships for Economic Development and Community Service program. Title XI: General Provisions - Revises the definition of institution of higher education. Requires such institutions, in order to be eligible to participate in HEA programs, to comply with such minimum State licensing standards as the Secretary may prescribe by regulation and which the relevant State licensing body is to impose upon institutions it licenses. Revises the alternative accreditation process. Authorizes the Secretary, if a particular category of institutions is not accredited because no nationally recognized accrediting agency or association is qualified to do so, to appoint an advisory committee to: (1) recommend standards to qualify institutions in such category to participate in HEA programs; and (2) review whether particular institutions meet such standards. Requires an institution, if it is accredited by more than one accrediting body, to designate, for HEA eligibility purposes, one such body as it primary accreditor, on either an institutionwide or program basis. Deems such an institution no longer accredited for purposes of HEA eligibility for a 24-month period if its accreditation is terminated for cause by the primary accreditor, or if it withdraws from such accreditation voluntarily under a show cause or suspension order, unless such accreditation is restored by the same accreditor during such 24-month period. Revises provisions relating to treatment of territories and territorial student assistance. Changes from mandatory to discretionary the Secretary's authority to waive the eligibility criteria of any postsecondary education program administered by the Department of Education where such criteria does not take into account the unique circumstances of specified U.S. territories. Eliminates provisions for: (1) promulgation of certain regulations; and (2) an authorization of appropriations for supporting the cost of providing postsecondary education programs on Guam for nonresident students from specified U.S. territories. Extends the authorization for the continued existence of the National Advisory Committee on Accreditation and Institutional Eligibility. Revises provisions for peer review of applications to authorize the Secretary to use up to one-half of one percent of appropriations, for discretionay grants, contracts, or cooperative agreements to provide for the panels of readers required to review the applications for such grants, contracts, and agreements. Provides for sharing of institutional eligibility information by the Secretary, guaranty agencies, accrediting agencies, and State licensing bodies. Makes ineligible for any HEA assistance any individual who is in default on any loan made, insured, or guaranteed by the Federal Government, unless satisfactory repayment arrangements are made. Repeals provisions for: (1) a Joint Study Commission on Postsecondary Institutional Recognition; and (2) regional technology transfer centers. Title XII: Effective Dates - Sets forth effective dates for various provisions of this Act.
Bill· HRH.R. 2621 (102nd)referred
United States · United States Congress · 12 June 1991
Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1992 - Makes appropriations for FY 1992 for the payment at maturity, or the redemption or buying before maturity, of a Government obligation included in the public debt for purposes of reducing a portion of such debt caused by borrowings to finance specified international affairs accounts. Title I: Multilateral Economic Assistance - Makes appropriations for FY 1992 for the U.S. contribution to the: (1) International Bank for Reconstruction and Development (World Bank) and the Global Environmental Facility of such bank; (2) the International Development Association; (3) the International Finance Corporation; (4) the Inter-American Development Bank and the Fund for Special Operations of such bank; (5) the Inter-American Investment Corporation; (6) the Enterprise for the Americas Investment Fund; (7) the Asian Development Bank; (8) the Asian Development Fund; (9) the African Development Fund; (10) the African Development Bank; and (11) the European Bank for Reconstruction and Development (EBRD). Limits the callable capital portion of the U.S. share of increases in the stock of the World Bank, the Inter-American Development Bank, the Asian Development Bank, the African Development Bank, and the EBRD. Requires the President to reduce from the amounts obligated for the International Development Association and the Asian Development Bank the U.S. proportionate share of any loans approved for China for non-basic human needs since October 1, 1991, if China is denied most-favored-nation trading status. Limits the amount of funds for the International Finance Corporation that may be expended for the purchase of stock. Directs the Secretary of the Treasury to instruct the U.S. executive director of the Inter-American Development Bank to oppose assistance to any recipient who refuses to agree to conduct procurement of goods or services utilizing Bank funds in a nondiscriminatory manner. Requires the Secretary to certify to the Appropriations Committees that none of the funds for the Asian Development Fund will be made available for China. Makes appropriations for FY 1992 for reports calculating loans, guarantees, and insurance commitments for credit programs within the international affairs (Budget Function 150) account: (1) the probability of repayment on loans and default on guarantees; (2) subsidy estimates for each country and credit program; and (3) risk assessments for each country within each credit program. Makes appropriations for FY 1992 for international organizations and programs. Prohibits such funds from being made available to the United Nations Fund for Science and Technology. Earmarks specified amounts of such funds for certain international organizations and United Nations programs. Provides that funds may be made available to the International Atomic Energy Agency only if the Secretary of State reports to the Congress that Israel is not being denied its right to participate in the Agency. Permits funds to be made available for the Tropical Forestry Action Plan (TFAP) only if the Secretary reports to the Congress that: (1) TFAP has been reorganized, with an international steering committee and secretariat independent of the Food and Agriculture Organization; (2) TFAP's responsibilities have been broadened to include areas outside the forestry sector; and (3) procedures exist to ensure increased participation in TFAP plans. Title II: Bilateral Economic Assistance - Makes appropriations for FY 1992 for development assistance. Earmarks amounts for: (1) health and child survival activities and activities relating to research on, and the treatment and control of, acquired immune deficiency syndrome (AIDS); (2) development projects of private entities and cooperatives for dairy development; (3) the Vitamin A Deficiency Program and activities relating to iodine deficiency and other micro-nutrients; (4) U.S. participation in the Associate Professional Officers Program of the international food agencies; (5) activities relating to the control and prevention of River Blindness; (6) operations for blind children; (7) cooperative projects among the United States, Israel, and developing countries (with amounts made available for the Cooperative Development Program and cooperative development research projects); (8) the Central and Latin American Rural Electrification Support project; (9) technical assistance and training programs for Soviet and Czechoslovakian statisticians and economists; and (10) Soviet and East European research and training. Limits the amount to be made available for child survival activities for Laos. Earmarks amounts from funds made available for the Agency for International Development (AID) under this title for: (1) child survival activities; and (2) programs in support of basic education activities. Makes appropriations for FY 1992 for population planning assistance. Prohibits funding for coercive abortion or involuntary sterilization. Earmarks amounts for: (1) the AID Office of Population; and (2) the United Nations Population Fund (only for contraceptive commodities and related logistics). Prohibits such funds from being made available for programs in China. Applies prohibitions on the use of funds for abortion and involuntary sterilization to funds for the Fund. Requires the Fund to maintain such funds in a separate account, without commingling. Provides for the refund of such funds to the United States if the Fund provides more than a specified amount for family planning programs for China. Prohibits the obligation of any amount for the Fund if China is denied most-favored-nation trading status. Makes appropriations for FY 1992 for the Development Fund for Africa. Earmarks an amount for activities supported by the Southern African Development Coordination Conference. Provides for the transfer of a specified amount of such funds for the International Fund for Agricultural Development's Special Program for Subsaharan African Countries Affected by Drought and Desertification. Prohibits the transfer of funds appropriated by this Act to the Government of Zaire. Earmarks development assistance funds for: (1) displaced children; (2) children in Cambodia; (3) civilians injured as a result of civil strife and warfare; (4) women in development; and (5) Burmese students. Prohibits any development assistance funds from being made available to U.S. private and voluntary organizations (except cooperative development organizations) which obtain less than 20 percent of annual funding for international activities from sources other than the U.S. Government. Provides that such prohibition shall supersede certain provisions with respect to such organizations of the Foreign Assistance Act of 1961 and the Foreign Assistance and Related Programs Appropriations Act, 1985. Earmarks an amount of development assistance for humanitarian assistance to Romania (with amounts for AIDS activities, child health, foster care and adoption activities, and family planning, subject to certain conditions). Limits the amount of commitments for certain loan guarantees and direct loans under the Foreign Assistance Act of 1961. Makes appropriations for FY 1992 for: (1) American schools and hospitals abroad; (2) international disaster assistance; (3) the Foreign Service Retirement and Disability Fund; and (4) AID operating expenses. Requires AID, in order to effectively monitor the West Bank and Gaza program, to station one professional at either the Consulate General in Jerusalem or the embassy in Tel Aviv. Directs AID to increase the number of direct-hire professional environmental and energy staff by 20 over the number of such staff within AID at the end of FY 1991. Makes appropriations for FY 1992 for the AID Office of the Inspector General. Prohibits the use of funds from any Act to relocate the overseas offices of the Inspector General to a U.S. location without the Inspector General's approval. Requires the number of positions authorized for such office in Washington and overseas to be at least 251 by the end of FY 1992. Authorizes the Inspector General to establish a regional office in Europe to carry out responsibilities with regard to assistance for Eastern Europe. Makes appropriations for FY 1992 for: (1) modifying direct loans authorized under development and economic support assistance provisions of the Foreign Assistance Act of 1961 and under provisions of the Export-Import Bank Act of 1945; and (2) economic support fund (ESF) assistance. Earmarks amounts of ESF assistance for: (1) Israel; (2) Egypt, including an amount for the Commodity Import Program; (3) the West Bank and Gaza Program; and (4) scholarships or bicommunal projects for Cyprus. Authorizes funds for Egypt to be provided through cash transfer assistance if Egypt will undertake economic reforms. Expresses the sense of the Congress that the recommended levels of ESF assistance for Egypt and Israel are based on their continued participation in the Camp David Accords and upon the Egyptian-Israeli peace treaty. Prohibits ESF funds from being made available for El Salvador's Special Investigative Unit until the Secretary of State submits a plan of the El Salvadoran Government to transfer the Unit from military to civilian control. Prohibits ESF assistance to Zaire. Limits the amount of ESF assistance for tied aid credits and for humanitarian assistance for Armenia. Earmarks ESF assistance for technical assistance in support of democratic or market-oriented reforms for Estonia, Latvia, and Lithuania and eligible recipients in the Soviet Union that request such assistance. Permits such assistance to be provided only through the government of such state or republic or through nongovernmental organizations. Defines "an eligible recipient in the Soviet Union" as the government of any republic or local government that was elected through free and fair elections, any indigenous nongovernmental organization that promotes democratic reforms, human rights, the rule of law, or market-oriented reforms, or any Soviet governmental agency that promotes such reforms, provided that funds are not provided directly to such agency. Makes appropriations for FY 1992 for: (1) the U.S. contribution to the International Fund for Ireland; (2) the Multilateral Assistance Initiative for the Philippines; and (3) nonproject sector assistance for the Philippines. Requires the President, if the United States and the Government of the Philippines are unable to agree to a military base agreement, to report to the Appropriations Committees justifying requested or modified assistance levels for the Philippines in light of the failure to achieve such agreement. Makes appropriations for FY 1992 for economic assistance for Eastern Europe. Earmarks amounts of such assistance for: (1) technical assistance and training and for assistance to support housing sectors; (2) environment and energy activities; (3) activities to foster democratic pluralism; and (4) the Polish-American, Hungarian-American, and other Enterprise Funds and for other private enterprise activities. Makes appropriations for FY 1992 for: (1) independent agencies and the African Development Foundation; (2) the Inter-American Foundation; (3) the Overseas Private Investment Corporation (OPIC) for direct and guaranteed loan programs; (4) the Peace Corps (prohibits abortion funding); (5) international narcotics control; (6) the U.S. contribution to the International Red Cross and assistance to refugees; (7) the U.S. Emergency Refugee and Migration Assistance Fund; and (8) antiterrorism assistance. Earmarks amounts of migration and refugee assistance for: (1) refugees resettling in Israel; (2) Tibetan refugees; (3) voluntary repatriation of Hmong refugees from Thailand to Laos; and (4) overseas refugee programs. Limits the amount of such assistance to be made available to the Department of State Office of Refugee Programs. Title III: Military Assistance - Makes appropriations for FY 1992 for: (1) international military education and training (prohibits the use of such funds for countries whose annual per capita GNP exceeds $2,349 unless such countries agree to fund transportation and living allowances of their students and the provision of such funds to Zaire, Liberia, Sudan, and Somalia); (2) the foreign military financing program; and (3) peacekeeping operations. Earmarks amounts of foreign military financing for Israel and Egypt. Requires the interest rate on foreign military financing loans to be at least five percent annually. Makes available a specified amount of foreign military financing on a grant basis for Greece if Turkey receives financing on a grant basis. Prohibits foreign military financing for Zaire, Sudan, Liberia, or Somalia. Permits financing for Malawi to be provided only to support the Malawian military's efforts to secure the Nacala Railroad and for military activities to assist in the Mozambican peace process. Limits: (1) the amount of foreign military financing for the procurement of defense articles and services not sold by the U.S. Government for countries other than Israel and Egypt; (2) the amount of funds for administering military assistance and sales; (3) foreign military financing for Greece, Turkey, Portugal, and the Philippines; and (4) obligations with respect to the Special Defense Acquisition Fund. Permits the procurement of defense articles and services or design and construction services not sold by the U.S. Government only by countries for which assistance was justified for the foreign military financing program in the FY 1989 congressional presentation for security assistance programs. Directs the Department of Defense, as requested by the Defense Security Assistance Agency, to conduct audits of private firms whose contracts are made directly with foreign governments and are financed under this title. Requires the total of grants and direct loans provided for Greece and Turkey under the foreign military financing program to be made available according to a seven to ten ratio. Repeals a provision of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988 that concerns lowering the interest rate on certain foreign military sales. Title IV: Export Assistance - Authorizes the Export-Import Bank to make expenditures within the limit of funds and borrowing authority and to make any necessary contracts and commitments. Prohibits the use of Bank funds for nuclear exports to a non-nuclear weapon state. Makes appropriations for FY 1992 to subsidize gross obligations for the principal amount of direct loans, tied-aid grants, interest subsidies, and total loan principal under Export-Import Bank programs. Prohibits the use of such funds or the use of credits or grants to support the financing of any item covered by the U.S. Munitions List. Limits the amount available for administrative expenses of the Export-Import Bank. Makes appropriations for FY 1992 for: (1) administrative expenses incurred in connection with contracting for the issuance of and servicing of insurance and reinsurance or in lieu of contracting for the performance of services by the Export-Import Bank; and (2) the Trade and Development Program. Title V: General Provisions - Prohibits the use of funds appropriated in this Act (other than funds appropriated for international organizations and programs) for any water or related land resource project which has not met specified standards and criteria for such projects proposed for construction in the United States. Limits the percentage of appropriations, with specified exceptions, that may be obligated during the last month of availability. Prohibits using certain funds appropriated or made available pursuant to this Act for: (1) retirement pay for any person serving in the armed forces of any recipient country; (2) making payments on procurement contracts which do not authorize the termination of such contract for the convenience of the United States; or (3) paying any assessments, arrearages, or dues of any member of the United Nations. Prohibits using any of the funds contained in title II of this Act to carry out the transfer of funds to international or multilateral lending organizations. Limits the amounts of funds made available under this Act to be used for: (1) official residence expenses, entertainment expenses, and representation allowances of AID; (2) entertainment expenses and representation allowances for foreign military financing programs, the Inter-American Foundation, and the Trade and Development Program; and (3) entertainment expenses for international military education and training programs and the Peace Corps. Prohibits the use of funds made available under this Act (other than funds for international organizations and programs) to finance the export of nuclear equipment, fuel, or technology. Prohibits the use of funds made available under this Act to: (1) assist any foreign government in repressing the legitimate rights of its population; (2) finance assistance or reparations to Angola, Cambodia, Cuba, Iraq, Libya, Vietnam, Iran, or Syria (including assistance provided by the Export-Import Bank or its agents); or (3) finance assistance to any country whose elected head of government is deposed by military coup. Prohibits obligating funds made available under this Act under an appropriation account to which they were not appropriated, unless the President provides a written policy justification to the Appropriations Committees. Continues the availability of certain AID funds and funds for credit sales under the Arms Export Control Act, provided the Appropriations Committees are notified. Prohibits appropriations contained in this Act from remaining available after expiration of the current fiscal year, except as provided in this Act. Prohibits the use of funds made available under this Act to: (1) be used for publicity or propaganda purposes within the United States; (2) assist a country in default for more than a year on a U.S. loan under a program for which funds are appropriated under this Act (exempts from such prohibition funds for Nicaragua and for narcotics-related assistance for Colombia, Bolivia, and Peru); or (3) be made available for any international financial institution whose U.S. representative cannot obtain any document developed by or in the possession of the management, unless such representative certifies to the Appropriations Committees that such document's confidentiality is essential to the institution's operation. Prohibits the use of funds made available under this Act for direct assistance, the Export-Import Bank, and OPIC to finance any loan or other assistance to establish or expand production of any commodity for export by a foreign country if such commodity is likely to be in surplus on world markets and will cause substantial injury to U.S. producers of a similar or competing commodity. Exempts the Export-Import Bank from such prohibition if the Bank determines that the benefits to industry and employment in the United States are likely to outweigh the injury to such producers. Prohibits making any of the funds appropriated under any Act available for any testing, study, variety improvement, or certain other activities related to the growth or production in a foreign country of an agricultural commodity for export which would compete with a similar commodity grown or produced in the United States. Prohibits the use of funds appropriated to AID, other than funds to carry out the Caribbean Basin Initiative, to procure studies or assist in establishing facilities for the manufacture of import-sensitive articles that compete with U.S. exports. Directs the Secretary of the Treasury to instruct the U.S. executive directors of specified international financial institutions to oppose assistance for the production or extraction of any commodity or mineral for export if it is in surplus on world markets and if the assistance will cause substantial injury to U.S. producers of a similar or competing commodity. Sets forth congressional notification procedures for the obligation of specified funds made available under this Act. Waives notification requirements if there is a risk to human health or welfare. Limits expenditures for consulting services through procurement contracts. Prohibits using funds appropriated under this Act to lobby for abortion. Prohibits any of the international organizations and programs funds from being available for the U.S. proportionate share of any programs for the Palestine Liberation Organization (PLO), Libya, Iran, or, at the discretion of the President, Communist countries to which foreign assistance is prohibited. Prohibits the United States from making a contribution to the United Nations or any of its affiliated agencies if such an agency grants full membership to any organization that does not have the internationally recognized attributes of statehood. Authorizes Israel to use any loan made available under the Arms Export Control Act for which repayment is forgiven before using any other loan made available under such Act. Prohibits U.S. employees from recognizing or negotiating with the PLO so long as the PLO does not recognize Israel's right to exist, does not accept Security Council Resolutions 242 and 338, and does not renounce the use of terrorism. Declares that it is U.S. policy that ESF assistance for Israel shall not be less than the annual debt repayment from Israel to the United States. Limits the amount to be used for a Democracy Contingency Fund. Requires congressional notification prior to making funds available for military aircraft in Central America. Directs the Secretary to notify specified congressional committees whenever helicopters or military aircraft are provided to Central American countries by any foreign country. Expresses the policy of the United States that sustainable economic growth must be predicated on sustainable use of natural resources. Directs the Secretary of the Treasury to: (1) instruct U.S. executive directors of the multilateral development banks to promote programs which address the problems of global climate change; and (2) promote reforms within the International Monetary Fund which address such problems. Requires the Secretary to report to the Congress on: (1) how natural resource management initiatives mandated by this Act have been incorporated in the Bush Administration's efforts to address third world debt (the Brady Plan); (2) progress made by the multilateral development banks in meeting standards set forth for programs to address global climate change; (3) the progress made by the Inter-American Development Bank in implementing environmental reforms; (4) each multilateral development bank's forestry sector and energy sector loans and their impact on carbon dioxide emissions; and (5) the progress made by the World Bank in implementing the recommendations set forth in a certain report on debt-for-nature swaps. Directs the AID Administrator to: (1) update and issue guidance to all AID bureaus detailing the elements of a Global Warming Initiative to emphasize the need to reduce emissions of greenhouse gases and to accelerate sustainable development strategies; (2) increase the number and expertise of personnel devoted to the Initiative; (3) accelerate the activities of the Multi-Agency Working Group on Power Sector Innovation; (4) focus tropical forestry assistance programs on the key middle- and low-income developing countries projected to contribute large amounts of greenhouse gases to the environment; (5) assist countries in developing an analysis of the appropriate use of their total tropical forest resources, with the goal of developing national programs for sustainable forestry; and (6) focus energy assistance activities on the key countries. Prohibits making any funds appropriated by this Act available for activities that would: (1) result in any significant loss of tropical forests; or (2) involve commercial timber extraction in primary tropical forest areas unless an environmental assessment meeting certain conditions is made. Permits the use of certain funds for programs to support tropical forestry and energy programs aimed at reducing greenhouse gas emissions in key countries, subject to certain conditions. Earmarks funds for: (1) environment and energy activities (with amounts for biological diversity activities, renewable energy projects, elephant conservation and preservation, and the AID Office of Energy); and (2) the creation of a fund to support global participation in the Montreal Protocol on Substances that Deplete the Ozone Layer, provided that such funds are not contributed to developing countries that are not parties to the Protocol. Prohibits the use of development assistance funds to pay for: (1) abortions or involuntary sterilizations as a method of family planning or to motivate or coerce any persons to practice abortions or undergo sterilization; or (2) any biomedical research concerning abortions or involuntary sterilization as a method of family planning. Reaffirms the congressional commitment to population, development assistance and the need for informed voluntary family planning. Earmarks specified amounts of development and economic assistance appropriated by this Act for the Afghan people. Requires the AID Administrator to ensure that an equitable portion of such funds is made available to benefit Afghan women and girls. Prohibits making any of the funds appropriated by this Act available to a private voluntary organization which fails to provide the records necessary for an AID audit or which is not registered with AID. Withholds a specified amount of military aid and financing from El Salvador until the President reports to the Appropriations Committees that El Salvador has: (1) substantially concluded all investigations with respect to those responsible for the January 1981 murders of specified U.S. and Salvadoran land reformers; and (2) pursued all legal avenues to bring to trial and obtain a verdict of those responsible for such murders and for the deaths of certain peasants, priests, and trade unionists. Expresses the sense of the Congress that all countries receiving U.S. foreign aid should cooperate in facilitating lasting solutions to refugee situations. Prohibits making any of the funds appropriated by this Act available for: (1) costs of Ethiopia's forced resettlement or villagization programs; or (2) Sudan, Uganda, Liberia, Lebanon, Zaire, Yemen, Guatemala, Chile, or Somalia, except through regular congressional notification procedures. Earmarks certain appropriated funds for child survival activities and activities relating to research on, and the treatment and control of, AIDS in developing countries. Permits ESF funds to be provided to Chile to support the efforts of private individuals and groups to develop a national consensus on the importance of an independent judiciary and the administration of justice. Prohibits making any of the funds appropriated under this Act available to finance indirectly any assistance or reparations to Angola, Cambodia, Cuba, Iraq, Libya, Vietnam, Iran, or Syria unless the President certifies that the withholding of these funds is contrary to the national interest of the United States. Amends the Arms Export Control Act to extend waiver authority with respect to reciprocal leasing agreements through FY 1992. Requires delivery of defense equipment (permitted under special authority during unforeseen emergencies) within 120 days of congressional notification. Sets forth additional notification requirements with respect to the transfer of excess defense equipment to NATO. Requires the Secretary of State to transmit copies of all debt relief agreements to the appropriate congressional committees. Continues the funding of Middle East regional cooperative programs. Expresses the sense of the Congress that: (1) the U.S. Government should use its influence in the Asian Development Bank to secure reconsideration of the decision to designate Taiwan as "Taipei, China"; and (2) the Asian Development Bank should resolve this dispute in a fashion that is acceptable to Taiwan. Prohibits the use of funds provided under any Act for the sale of M-833 or comparable antitank shells containing a depleted uranium penetrating component to any country except a NATO member country, major non-NATO ally, or Taiwan. Allows earmarked funds to be reprogrammed for other programs within the same account if: (1) compliance with the earmark is made impossible by any Act; or (2) with respect to countries with which the United States has base access agreements, the President determines that the recipient of funds has reduced its military or economic cooperation with the United States. Requires the President, before funds for such countries are reprogrammed, to provide a written policy justification to the Appropriations Committees. Subjects such reprogramming to the regular notification procedures of such committees. Provides for U.S. opposition to assistance to terrorist countries by international financial institutions. Prohibits bilateral assistance to such countries. Earmarks amounts of ESF assistance for: (1) scholarships to disadvantaged South Africans; and (2) Peru, Bolivia, Colombia, and Ecuador, provided such countries are making progress in certain narcotics control efforts. Permits development and ESF assistance to be made available to Bolivia, Peru, Colombia, Ecuador, and Jamaica for reducing dependence on the production of crops from which narcotic and psychotropic drugs are derived. Limits the amount of foreign military financing to be made available for Bolivia, Peru, and Colombia. Prohibits such financing for any government that engages in a consistent pattern of human rights violations. Permits funds to be made available for training and equipment for narcotics law enforcement agencies in Colombia, Bolivia, and Peru (except for Peru's Sinchi Police). Prohibits assistance to countries which fail to take measures to prevent illicit drugs from being sold to U.S. Government personnel or from entering the United States illegally. Earmarks amounts of assistance made available to AID for narcotics education and awareness programs and narcotics related economic assistance activities. Requires that any agreement for the sale or provision of any article on the U.S. Munitions List shall expressly state that the article is being provided by the United States only with the understanding that it will not be transferred to Cyprus or otherwise used to further the severance or division of Cyprus. Directs the President to report to the Congress when such equipment is used for such purposes. Permits the commercial leasing of defense articles (other than major defense equipment) by Israel, Egypt, NATO countries, and major non-NATO allies if the President determines that there are compelling foreign policy or national security reasons for those defense articles being provided by commercial lease rather than by government-to-government sale. Limits the amount of ESF and development assistance to be made available for humanitarian and development assistance for Cambodians. Terminates assistance to any Cambodian organization that is cooperating with the Khmer Rouge in their military operations. Requires the President to report to the Speaker of the House and the President of the Senate on the extent of military cooperation between the Khmer Rouge and the non-Communist resistance. Provides that funds made available for humanitarian assistance for Cambodian children shall also be available for civilian victims of war. Provides that all AID contracts and solicitations shall require U.S. marine insurance companies to have a fair opportunity to bid for marine insurance. Expresses the sense of the Congress that funds made available for the International Fund for Ireland should be allocated to programs which emphasize jobs creation in areas having the highest rates of unemployment. Prohibits the use of certain assistance provided under this Act for assistance to Afghanistan if such assistance would be provided through the Soviet-controlled government of Afghanistan. Requires at least 25 percent of ESF assistance for El Salvador to be used for certain development projects and activities in accordance with the Foreign Assistance Act of 1961. Requires at least ten percent of FY 1990 development assistance and assistance for the Development Fund for Africa (unless the AID Administrator determines otherwise) to be made available only for U.S. organizations and individuals that are: (1) business concerns or private organizations owned and controlled by socially and economically disadvantaged individuals; (2) historically black colleges or universities; and (3) colleges and universities in which more than 40 percent of the students are Hispanic American. Directs the Administrator to: (1) utilize the authority of the Small Business Act; (2) enter into contracts with such entities using less than full and open competitive procedures; and (3) issue regulations requiring contracts in excess of $500,000 to provide that at least ten percent of the contract shall be subcontracted to such entities. Requires AID personnel with contracting authority to notify the AID Office of Small and Disadvantaged Business Utilization before advertising contracts in excess of $100,000. Directs the Administrator to: (1) include as part of the performance evaluation of any mission director such director's efforts to carry out such activities; and (2) report annually to the Congress on the implementation of such program. Prohibits the United States from selling or making available Stinger missiles to any Persian Gulf country. Prohibits the provision of funds appropriated under this Act to any person undertaking an action prohibited by U.S. law. Authorizes nongovernmental organizations which receive AID economic assistance to invest any local currencies which accrue to such organizations as a result of such assistance. Earmarks a specified amount of development and ESF assistance for Lebanon. Sets forth the value of additions to be made to stockpiles in Israel during FY 1992. Extends the period during which the President may waive prohibitions on assistance to Pakistan to April 1, 1993. Prohibits the obligation or expenditure of funds for Pakistan except through the notification procedures of the Committees on Appropriations. Sets forth requirements for the maintenance of separate accounts for, and the use of, local currencies, cash transfers, and non-project sector assistance. Prohibits the use of funds appropriated by this Act for: (1) any member of the Nicaraguan resistance who has not disarmed and is not abiding by the terms of the cease-fire agreement and the addenda to the Toncontin Agreement; and (2) payments to international financial institutions that compensate U.S. directors in excess of specified rates. Sets forth human rights reporting requirements for the Secretary of State. Prohibits the use of funds appropriated by this Act to provide assistance to any country that is not in compliance with the United Nations Security Council sanctions against Iraq unless the President certifies to the Congress that such assistance: (1) is in the U.S. national interest; (2) will directly benefit the needy people in such country; or (3) will be humanitarian assistance for foreign nationals who have fled Iraq and Kuwait. Authorizes the President to prohibit the importation into the United States of products of any foreign country that has not prohibited the importation of Iraqi products and the export of its products to Iraq. Requires the Secretary of the Treasury, in all negotiations concerning the EBRD, to seek: (1) establishment of procedures for environmental assessment of all proposed operations with significant environmental impacts; (2) establishment of an environmental unit to review operations and monitor compliance with environmental provisions; (3) establishment of procedures for consultation with and involvement of the public in the development of EBRD policies; and (4) agreement that a significant portion of EBRD funds shall be devoted to environmental restoration and protection projects. Repeals a provision of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991 which made excess defense articles avilable to countries supporting Operation Desert Shield. Prohibits the use of funds appropriated by this Act to finance the procurement of chemicals or chemical agents that may be used for chemical weapons production. Prohibits ESF and foreign military financing assistance for Kenya unless the President certifies to the Congress that the Kenyan Government is taking steps to: (1) charge and try or release all prisoners and cease mistreatment of prisoners; and (2) restore the independence of the judiciary and freedoms of expression. Requires the delivery of excess defense articles to NATO allies and major non-NATO allies on the southern and southeastern NATO flanks to be given priority over the delivery of such articles to other countries. Amends the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991 to revise the amount of defense articles and services authorized to be drawn down for Israel. Prohibits the use of funds appropriated by this Act to implement the Chief Financial Officers Act of 1990. Directs the President to submit to the Senate Foreign Relations Committee and the House Foreign Affairs Committee: (1) a U.S. plan for establishing a multilateral regime to restrict transfers of arms to the Middle East; and (2) an analysis of the feasibility and potential elements of such regime. Prohibits the United States from agreeing to any transfers of major military equipment to the Middle East and Persian Gulf region unless the President submits such plan and analysis and reports that there has been agreement by another major arms supplier on or after May 21, 1991, to transfer such equipment to any nation in the region. Exempts from such prohibition emergency or replacement transfers or transfers pursuant to agreements entered into before May 21, 1991. Requires the President to report to the Senate Foreign Relations Committee and the House Foreign Affairs Committee on: (1) all transfers of conventional and unconventional arms to the Middle East; (2) the current military balance in the region; (3) the operation of any agreements comprising the arms transfer and control regime; and (4) supplier nations that have refused to participate in such a regime or that have engaged in conduct that violates or undermines the regime. Directs the President to seek negotiations among, and undertake efforts to convene a conference of, the five members of the United Nations Security Council and other nations, as appropriate, to establish a multilateral arms transfer and control regime with respect to the Middle East and Persian Gulf region. Declares that the purpose of such regime should be to: (1) limit the proliferation of conventional weapons and ballistic missile technologies and systems and halt the proliferation of unconventional weapons; (2) maintain the military balance in the region through the reduction of conventional weapons and the elimination of unconventional weapons; and (3) promote regional arms control in such region.
Bill· HRH.R. 2625 (102nd)referred
United States · United States Congress · 12 June 1991
Paperwork Reduction in Health Care Act of 1991 - Requires the Director of the Office of Management and Budget to: (1) identify, inventory, and assess the Federal paperwork burden associated with health care services; and (2) establish a goal for reducing such burden in each of FY 1992 through 1997 by at least five percent of the preceding fiscal year's paperwork burden.
Bill· HRH.R. 2633 (102nd)referred
United States · United States Congress · 12 June 1991
Amends the Internal Revenue Code to increase the earned income credit with a supplemental young child credit for taxpayers with children who have not attained age five. Extends the eligibility for such credit to taxpayers whose adjusted gross income does not exceed $50,000.
Bill· HRH.R. 2632 (102nd)referred
United States · United States Congress · 12 June 1991
Amends the Internal Revenue Code to deny the Puerto Rico and possession tax credit to runaway plants (new or newly expanded operations at Puerto Rican or other possession facilities) unless the Secretary of the Treasury determines that such plants will not have a substantial adverse effect on employment at U.S. facilities. Provides a period for public comment prior to the Secretary's determination.
Resolution· HRESH.Res. 174 (102nd)passed
United States · United States Congress · 12 June 1991
Waives points of order against the consideration of H.R. 2608 (making appropriations for the Departments of Commerce, Justice, and State, the Judiciary, and related agencies for FY 1992).
Bill· SS. 1261 (102nd)referred
United States · United States Congress · 11 June 1991
Amends the Internal Revenue Code to repeal the luxury excise tax on passenger vehicles, boats, aircraft, jewelry, and furs.
Bill· SS. 1257 (102nd)referred
United States · United States Congress · 11 June 1991
Amends the Internal Revenue Code to provide for the treatment of rental and nonrental real estate activities under the limitations on losses from passive activities.
Bill· HRH.R. 2617 (102nd)referred
United States · United States Congress · 11 June 1991
Amends the Internal Revenue Code to repeal the luxury excise tax on passenger vehicles.
Bill· HRH.R. 2616 (102nd)referred
United States · United States Congress · 11 June 1991
Amends the Internal Revenue Code to allow a deduction for personal interest on indebtedness secured by an American-made highway vehicle.
Resolution· HRESH.Res. 173 (102nd)referred
United States · United States Congress · 11 June 1991
Expresses the sense of the House of Representatives that in light of current economic conditions the Federal excise taxes on gasoline and diesel fuel shall not be increased.
Bill· HRH.R. 2599 (102nd)open
United States · United States Congress · 10 June 1991
Authorizes the National Defense Stockpile (NDS) Manager, during FY 1992 and 1993, to dispose of specified excess quantities of materials in the NDS previously authorized for disposal by law or listed in this Act. Amends the Strategic and Critical Materials Stock Piling Act to: (1) provide that proposed changes in the quantity of any material to be stockpiled shall take effect 30 days after notification to the Congress; (2) revise the required period of congressional notification before the President may implement certain stockpile actions or changes; (3) repeal a provision prohibiting a disposal which would result in an unobligated balance in the National Defense Stockpile Transaction Fund (the Fund) in excess of $100,000,000; (4) make appropriations authorized for disposal actions available until expended; (5) authorize the President to rotate materials in the NDS in order to prevent technological obsolescence; (6) allow moneys in the Fund to be used for the maintenance and disposal of strategic and critical materials; (7) change from semiannually to annually the frequency of reports required from the President on operations under such Act; (8) change from annually to semiannually the frequency of reports required from the Secretary of Defense on stockpile requirements; and (9) delete a provision prohibiting a disposal of any stockpiled material specifically authorized by law during a period of vacancy in the position of the NDS Manager.
Bill· HRH.R. 2602 (102nd)referred
United States · United States Congress · 10 June 1991
Retirement Equity Act of 1991 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to remove the limitation on the amount of outside income which a beneficiary may earn without incurring a reduction in benefits. Amends the Internal Revenue Code to repeal the taxation of social security benefits and tier I railroad retirement benefits. Prohibits the imposition of social security taxes on the wages or self-employment income of individuals aged 70 and over.
Bill· HRH.R. 2598 (102nd)referred
United States · United States Congress · 10 June 1991
Amends the Internal Revenue Code to repeal the luxury excise tax on passenger vehicles, boats, aircraft, jewelry, and furs.
Bill· HRH.R. 2604 (102nd)referred
United States · United States Congress · 10 June 1991
Amends the Internal Revenue Code to repeal the luxury excise tax on passenger vehicles, boats, aircraft, jewelry, and furs.
Bill· HRH.R. 2591 (102nd)referred
United States · United States Congress · 7 June 1991
Amends the Omnibus Crime Control and Safe Streets Act of 1968 to require: (1) States receiving drug control and system improvement grant program (program) funds to distribute to a unit or combination of units of local government (local unit) in such State that portion which bears the same ratio to the aggregate amount of such funds as the amount expended by such local unit for criminal justice in the preceding fiscal year bears to the aggregate amount expended by the State and all local units in such State for criminal justice in such preceding fiscal year; and (2) each local unit that receives funds under such provision to make a good faith effort to participate in the development, and comply with the principles, of the State plan and priorities. Makes local units ineligible to receive such funds if the aggregate amount distributable to such unit or combination of local units is less than $50,000. Specifies that a local unit is ineligible in a fiscal year to receive funds both in its capacity as a single local unit and as part of a combination of local units. Authorizes the direct distribution of program funds to local units. Directs the chief executive of a local unit to submit to the Director of the Bureau of Justice Assistance an application for receipt of such funds by local units, including: (1) a certification that Federal funds made available will not be used to supplant State or local funds, but will be used to increase the amounts of such funds that would otherwise be made available for drug law enforcement activities, and that funds required to pay the non-Federal portion of the cost of each program and project for which such grant is made shall be in addition to funds that would otherwise be made available for drug law enforcement by the recipient of the grant; and (2) an assurance that the applicant has submitted a copy of the application to the appropriate State office and that such application and any amendment thereto was made public before submission to the Bureau (and, to the extent provided under State or local law or established procedure, that such applicant provided an opportunity for comment by citizens and neighborhood and community groups). Sets forth: (1) analogous provisions with respect to the allocation and distribution of funds to eligible local units (i.e., those submitting an application for a fiscal year not later than 90 days after the expiration of the preference period for such fiscal year) where a State fails to submit an application; and (2) the preference period for specified fiscal years. Requires applicants (currently, States) to comply with reporting requirements under such Act.
Bill· HRH.R. 2593 (102nd)referred
United States · United States Congress · 7 June 1991
Repeals, except with respect to nonresident aliens, Internal Revenue Code provisions that include social security and tier I railroad retirement benefits in the gross (taxable) income of certain taxpayers.
Bill· SS. 1245 (102nd)open
United States · United States Congress · 6 June 1991
Amortization of Intangibles Clarification Act of 1991 - Amends the Internal Revenue Code to allow the amortization of customer based, market share, and similar intangible items for purposes of the depreciation deduction.
Bill· SS. 1241 (102nd)passed
United States · United States Congress · 6 June 1991
Violent Crime Control Act of 1991 - Title I: Safer Streets and Neighborhoods - Safer Streets and Neighborhood Act of 1991 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 (Omnibus Act) to: (1) authorize appropriations ($1,000,000,000 for FY 1992 and such sums as necessary in FY 1993 and 1994) for grants to State and local law enforcement agencies; and (2) continue the Federal-State funding formula for such agencies for FY 1992. Title II: Death Penalty - Federal Death Penalty Act of 1991 - Amends the Federal criminal code to establish criteria for the imposition of the death penalty for Federal crimes. Requires the Government, for any offense punishable by death, to serve notice upon the defendant a reasonable time before trial or acceptance of a plea, of its intention to seek the death penalty and of the aggravating factors upon which it will rely. Requires a separate sentencing hearing before a jury, or the court upon motion by the defendant, when the defendant is found guilty or pleads guilty to an offense punishable by death. Allows the defendant and the Government to present any information relevant to sentencing, without regard to the rules of evidence, but permits information to be excluded where its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury. Specifies mitigating factors which the defendant must establish by a preponderance of the information and aggravating factors which the Government must prove beyond a reasonable doubt. Includes as threshold aggravating factors for homicide that the defendant: (1) intentionally killed the victim; (2) intentionally inflicted serious bodily injury which resulted in the death of the victim; (3) intentionally participated in an act, contemplating that the life of a person would be taken, and the victim died as a direct result of the act; (4) attempted to kill the President of the United States; or (5) intentionally engaged in an act constituting reckless disregard for human life, knowing that the act created a grave risk of death to someone other than the participants, and the victim died as a direct result of the act. Sets forth special aggravating factors with respect to the crimes of treason, espionage, homicide, and attempted murder of the President. States that no person who was less than 18 years of age at the time of the offense may be sentenced to death. Prohibits the execution of mentally retarded persons or pregnant women. Directs the court, or the jury by unanimous vote, to impose the death penalty upon a finding that such sentence is justified based on consideration of both the aggravating and mitigating factors. Requires the court to instruct the jury: (1) not to consider the race, color, national origin, creed, or sex of the defendant or any victim in its consideration of the sentence; and (2) that it is not required to return a death sentence. Establishes procedures for appeal from a death sentence. Requires the Court of Appeals to review the record, address all substantive and procedural issues raised on appeal, and consider whether such sentence was imposed under the influence of passion, prejudice, or any other arbitrary factor and whether the evidence supports the special finding of the existence of the required aggravating factor. Specifies that whenever such court finds that the sentence was imposed under such influence, the admissible evidence adduced does not support such special finding, or other legal error requires reversal of the sentence, the court shall remand the case for reconsideration or impose a sentence other than death (and, in any other case, remand for reconsideration.) Requires the court to provide a written explanation of its determination. Prohibits requiring any employee of any State department of corrections, the Federal Bureau of Prisons, or any provider of services under contract to participate in any execution if participation is contrary to his or her moral or religious convictions. Bars the imposition of a death sentence for a death-eligible offense committed in Indian country unless the Indian tribe having criminal jurisdiction over land and persons subject to such jurisdiction has elected to have this title apply in such cases. Limits the circumstances under which the offense of delivering defense information to aid foreign governments is punishable by death. Provides for the imposition of the death penalty for: (1) murders committed by prisoners in Federal correctional institutions; (2) kidnappings which result in the death of any person; (3) attempting to kill the President of the United States (if such attempt results in bodily injury or comes dangerously close to causing the President's death); (4) murder for hire; (5) murder in the aid of a racketeering activity; (6) engaging in a criminal enterprise activity which results in death; and (7) other specified offenses, including civil rights murders and certain murders involving damage to religious property or obstruction of persons in the free exercise of religious beliefs. Racial Justice Act of 1991 - Amends the Federal judicial code to prohibit the imposition or execution of sentences of death under color of State or Federal law in a racially discriminatory pattern. Specifies that to establish such a pattern: (1) ordinary methods of statistical proof shall suffice; and (2) it shall not be necessary to show discriminatory intent on the part of any individual or institution. Specifies that: (1) to establish a prima facie showing of a racially discriminatory pattern it shall suffice that death sentences are being imposed or executed upon persons of one race with a frequency disproportionate to their representation among the number of persons arrested for, charged with, or convicted of death-eligible crimes, or as punishment for crimes against persons of one race with a frequency that is disproportionate to their representation among persons against whom death-eligible crimes have been committed; and (2) to rebut such a showing, a State or Federal entity must establish by clear and convincing evidence that identifiable and pertinent nonracial factors persuasively explain the observable racial disparities comprising the pattern. Requires any State or Federal entity that provides for the death penalty to designate a central agency to collect and maintain pertinent data on the charging, disposition, and sentencing patterns for all cases of death-eligible crimes. Directs each such entity to: (1) monitor compliance by local officials and agencies; (2) devise and distribute to every local official or agency responsible for the investigation or prosecution of death-eligible crimes a standard form to collect pertinent data; (3) maintain, compile, and index such forms and data and make them available to the public; (4) maintain a centralized, alphabetically indexed file of all police and investigative reports transmitted to it by local officials or agencies in every case of death-eligible crime; and (5) allow access to its file of police and investigative reports to the counsel of record for persons charged with death-eligible crimes. Requires each local official responsible for the investigation or prosecution of death-eligible crimes to: (1) complete such form on every case of death-eligible crime; (2) transmit such form to the central agency within three months after disposition of each such case; and (3) transmit to such agency a copy of all police and investigative reports made in connection with each case of death-eligible crime. Requires such data to include, at a minimum: (1) pertinent demographic information on all persons charged with the crime and all victims (including race, sex, age, and national origin); (2) information on the principal features of the crime; (3) information on the aggravating and mitigating factors of the crime, including the background and character of every person charged with the crime; and (4) a narrative summary of the crime. Requires the court to appoint counsel for those financially unable to retain counsel and to furnish investigative, expert, or other services as necessary for the development of the claim of any such person, subject to certain limitations. Specifies that no determination on the merits of a factual issue made by a State court pertinent to any claim under this Act shall be presumed to be correct unless: (1) the State is in compliance with the provisions of this Act; (2) the determination was made in a proceeding in a State court in which the person asserting the claim was afforded rights to counsel and to the furnishing of investigative, expert, and other such services which were substantially equivalent to those provided in this Act; and (3) the determination is one which is otherwise entitled to be presumed correct under the criteria specified under Federal habeas corpus provisions. Title III: Death Penalty for Murder of Law Enforcement Officer Act - Authorizes the death penalty for the murder of: (1) Federal law enforcement officials; and (2) State law enforcement officers working with Federal agents. Title IV: Death Penalty for Drug Criminals Act - Death Penalty for Drug Criminals Act of 1991 - Amends the Controlled Substances Act (CSA) to authorize the death penalty for first degree murders committed in the course of: (1) drug distribution conspiracies; (2) drug import and export conspiracies; (3) drug distribution to minors, near schools, or while employing minors; and (4) export, import, or distribution of major quantities of drugs. Title V: Prevention and Punishment of Terrorist Acts - Subtitle A: Aviation Terrorism - Amends the Federal criminal code to set forth penalties for performing or attempting an act of violence against a person at an airport serving international civil aviation which causes or is likely to cause serious injury or death; destroying or seriously damaging the facilities of, or a civil aircraft not in service at, such airport; or disrupting the services of such airport, if such an act endangers or is likely to endanger safety. Amends the Federal Aviation Act to delete a limitation on the applicability of aircraft piracy provisions to situations where the place of takeoff or of actual landing of the aircraft on board which the offense is committed is situated outside the territory of the State of registration of such aircraft. Makes the willful violation of certain Federal Aviation Administration regulations relating to airport and airline security punishable by a fine, imprisonment for up to one year, or both. Subtitle B: Maritime Terrorism - Act for the Prevention and Punishment of Violence Against Maritime Navigation and Fixed Platforms - Amends the Federal criminal code to establish penalties for acts of violence against maritime navigation, such as seizing control of a ship by force, threat, or intimidation, performing acts of violence against persons on board a ship that are likely to endanger safe navigation, and destroying or seriously damaging maritime navigational facilities that are likely to endanger safe navigation. Sets forth analogous provisions with respect to maritime fixed platforms. Declares that all the territorial sea of the United States, as defined by Presidential Proclamation 5928 of December 27, 1988: (1) is part of the United States, subject to its sovereignty; and (2) for purposes of Federal criminal jurisdiction, is within the special maritime and territorial jurisdiction of the United States. Sets forth additional provisions with respect to U.S. jurisdiction over the territorial sea and over crimes against U.S. nationals on foreign vessels. Subtitle C: Terrorism Offenses and Sanctions - Establishes criminal penalties for: (1) committing, or attempting to commit, torture outside the United States (with jurisdiction over the prohibited activity if the alleged offender is a U.S. national or is present in the United States, irrespective of the nationality of the victim or the alleged offender); (2) using weapons of mass destruction against a U.S. national outside of the United States, any person within the United States, or any property that is owned, leased, or used by the United States or any U.S. department or agency; and (3) committing certain homicides and attempted homicides involving firearms in Federal facilities. Increases penalties for international terrorist acts. Provides for the imposition of the death penalty for terrorist murders. Subtitle D: Preventing Domestic and International Terrorist Acts - Part I: Attacking the Infrastructure of Terrorist Organizations - Makes it a Federal criminal offense for an individual, within the United States and acting as an agent of a foreign power, to provide material support or resources (including currency, securities, communications equipment, facilities, weapons, personnel, and other physical assets), or to conceal or disguise the nature, location, source, or ownership of such support or resources, knowing that such resources or support are intended to be used to commit a terrorist act. Provides for the civil and criminal seizure and forfeiture of any real or personal property used or intended for use for, or constituting or derived from the gross profits or other proceeds obtained from, specified violations related to terrorist acts, or to facilitate the concealment or an escape from the commission of such violations. Part II: Cooperation of Witnesses in Terrorist Investigations - Alien Witness Cooperation Act of 1991 - Authorizes the Attorney General to waive immigration admission, and other legal, requirements and grant permanent resident status for alien witnesses who cooperate with the Government in Federal or State prosecutions. Bars the granting of such status to an alien who would be excluded because of felony convictions unless the Attorney General determines that the granting of such status to such alien is necessary in the interests of justice and comports with the safety of the community. Limits the number of aliens and members of their immediate families entering the United States under such authority to 200 persons in any single fiscal year. Makes the decision to grant or deny permanent resident status under this Act at the discretion of the Attorney General and not subject to judicial review. Subtitle E: Preventing Economic Terrorism - Makes it a Federal criminal offense to counterfeit, or to make, deal, or possess any plate or other item used in the counterfeiting of, U.S. securities abroad. Establishes an Economic Terrorism Task Force to: (1) assess the threat of terrorist actions directed against the U.S. economy and the adequacy of existing policies and procedures designed to prevent such actions; and (2) recommend administrative and legislative responses to prevent such actions. Sets forth provisions: (1) regarding the makeup of such Task Force; (2) making provisions of the Federal Advisory Committee Act inapplicable to such Task Force; and (3) establishing reporting requirements. Specifies that if the report of the Task Force is classified, an unclassified version shall be prepared for public distribution. Subtitle F: Authorizations to Expand Counter-Terrorist Operations by Federal Agencies - Authorizes appropriations for counter-terrorist operations and programs. Title VI: Drive-By-Shooting Act - Drive-By-Shooting Prevention Act of 1991 - Sets penalties for any individual who, in furtherance or to escape detection of a major drug offense, with intent to intimidate, harass, injure, or maim, fires a weapon into a group of two or more people causing: (1) grave risk to human life (a fine and up to 25 years' imprisonment); or (2) death (a fine, life imprisonment, or, in a case of first degree murder, a sentence of death). Title VII: Assault Weapons - Antidrug, Assault Weapons Limitation Act of 1991 - Amends the Federal criminal code to prohibit the transfer, importation, receipt, or possession of any assault weapon, except: (1) by the Federal, State, or local government; and (2) with respect to weapons lawfully possessed before enactment of this Act. Specifies firearms to be included as assault weapons. Authorizes the Secretary of the Treasury to recommend to the Congress the addition or deletion of firearms to be designated as assault weapons. Increases the length of imprisonment for an individual who uses or carries an assault weapon during and in relation to the commission of a crime of violence or a drug trafficking crime. Prohibits the sale, shipment, or delivery (or purchase, possession, or acceptance of delivery) of an assault weapon to (or by) any person who does not fill out a specified form. Establishes recordkeeping requirements. Directs the Secretary to prescribe regulations for the request and delivery of such form. Directs the Attorney General to: (1) investigate and study the effect of this title on violent and drug trafficking crime; and (2) submit to the Senate a report on its findings. Establishes penalties for knowingly failing to acquire the proper form with respect to the lawful transfer, transport, shipping, receipt, or possession of an assault weapon. Specifies the effective period of this title. Title VIII: Police Corps and Law Enforcement Training and Education Act - Police Corps and Law Enforcement Training and Education Act - Establishes within the Department of Justice (DOJ) an Office of the Police Corps and Law Enforcement Education to be headed by a Director. Requires a State that desires to participate in the Police Corps program or the Law Enforcement Scholarship program to designate a lead agency and submit a State plan containing assurances with respect to: (1) lead agency cooperation with other State and local agencies; (2) the State advertising of the assistance available; (3) State screening and selection of law enforcement personnel for participation in the program; and (4) compliance with other specified requirements. Subtitle A: Police Corps Program - Authorizes the Director to award scholarships (including direct payments to institutions and reimbursement of educational costs) to participants who agree to work for four years in a State or local police force after completion of a baccalaureate program and police corps training, subject to specified conditions. Sets forth provisions with respect to: (1) scholarship assistance for dependent children of law enforcement officers; (2) the selection of participants; (3) minority recruitment; and (4) leaves of absence. Requires the Director to establish up to three training centers to provide basic law enforcement training to State Police Corps program participants. Requires participants to attend two eight-week training sessions at such training centers and to meet certain performance standards in order to remain in the Police Corps program. Requires the Director to pay participants a weekly stipend during training. Requires a State, in order to participate in the Police Corps program, to submit a plan for implementing such program to the Director for approval. Requires such plan to: (1) include assurances that participants will receive additional State or local training after completing Federal training which shall count toward the four-year service obligation; and (2) provide that program participants shall be assigned to community and preventive patrol in geographic areas with the greatest need for additional law enforcement personnel. Provides for the swearing in of participants as members of the police force to which they are assigned after completing Federal training and meeting the requirements of that police force. Authorizes appropriations. Subtitle B: Law Enforcement Scholarship Program - Directs each State to pay from funds under this Act the Federal share (not more than 60 percent) of the cost of awarding scholarships to in-service law enforcement personnel for further education. Sets forth State plan requirements, including identifying model curricula and existing programs and providing assurances that the State will promote cooperative agreements to enhance law enforcement personnel recruitment efforts in high schools and community colleges. Sets forth application requirements. Grants priority in awarding scholarships to members of underrepresented groups and to those pursuing an undergraduate degree. Requires each individual awarded a scholarship to work in a law enforcement position in the State which made the award for a period of one month for each credit hour of financial assistance (with a six-month minimum and two-year maximum). Authorizes appropriations. Subtitle C: Reports - Sets forth provisions requiring: (1) annual reports by the Director to the Attorney General, the President, and specified Members of Congress; and (2) a special report by the Attorney General to the Congress on a plan to expand scholarship assistance to eligible Federal law enforcement officers. Title IX: Police Officers' Bill of Rights Act of 1991 - Police Officers' Bill of Rights Act of 1991 - Amends the Omnibus Act to provide that, except when on duty or acting in an official capacity, no law enforcement officer (officer) shall be prohibited from engaging in political activity or be denied the right to refrain from engaging in such activity. Sets forth minimum standards that shall apply when an officer is under investigation or is subjected to questioning under circumstances that could lead to disciplinary action, including that: (1) questioning be conducted at a reasonable hour, and take place at the offices of those conducting the investigation, with exceptions; (2) the officer under investigation be informed in writing of the nature of the investigation prior to questioning; (3) any questioning be for a reasonable period of time, allowing for reasonable periods for rest and personal necessities; (4) such questioning be recorded in full in writing or by electronic device, and a copy of the transcript made available to the officer under investigation; and (5) the officer be entitled to the presence of counsel or other individual at the questioning. Requires the law enforcement agency to notify the officer that such officer is entitled to a hearing by a hearing officer or board, with exceptions for summary punishment or emergency suspension for misconduct. Specifies that an emergency suspension shall not affect the officer's health benefits. Sets forth provisions: (1) with respect to the composition of a disciplinary hearing board and procedures for a disciplinary hearing; and (2) limiting the penalty to that which was recommended by the trial board. Provides for notice of disciplinary action. Bars any penalty or threat of penalty against the officer for the exercise of rights under this Act. Prohibits: (1) a law enforcement agency from inserting any adverse material into the file of an officer unless such officer has had an opportunity to review and comment in writing on the adverse material; (2) requiring or requesting an officer to disclose personal property, income, assets, sources of income, debts, or expenditures (including those of any household member) unless the information is necessary in investigating a violation of law, rules, or regulation with respect to the performance of official duties, or where such disclosure is required by Federal, State, or local law; and (3) a State from having more than two legislative sessions to enact a Law Enforcement Officers' Bill of Rights that provides rights substantially similar to those afforded under this Act. Authorizes a cause of action in State court by the officer for recovery of damages and full reinstatement against a law enforcement agency that materially violates rights afforded under this Act, subject to specified limitations. Specifies that the sovereign immunity of a State shall not apply in the case of such a violation. Specifies that this Act does not preempt State law or collective bargaining agreements or discussions that provide rights for officers that are substantially similar to those afforded by this Act. Title X: Federal Law Enforcement Agencies - Federal Law Enforcement Act of 1991 - Authorizes appropriations for the Drug Enforcement Administration (DEA), the Federal Bureau of Investigation (FBI), the Immigration and Naturalization Service (INS), U.S. attorneys, U.S. marshals, the Bureau of Alcohol, Tobacco, and Firearms, U.S. courts, and defender services. Title XI: Habeas Corpus Reform Act - Habeas Corpus Reform Act of 1991 - Amends the Federal judicial code to set forth special habeas corpus procedures in capital cases. Applies such procedures to Federal habeas corpus cases brought by prisoners in State custody who are subject to a capital sentence. Makes the applicability to such procedures contingent upon a State establishing a mechanism for the appointment, compensation, and payment of reasonable fees and litigation expenses of competent counsel consistent with this Act. Sets forth procedures for the appointment of counsel or for allowing a prisoner to proceed pro se. Provides for a mandatory stay of execution during the post-conviction review initiated pursuant to this Act. Details conditions which will cause such stay to expire. Prohibits a Federal court, if one of such conditions has occurred, from entering a stay of execution or granting relief in a capital case unless: (1) the basis for the stay and request for relief is a claim not previously presented by the prisoner in the State or Federal courts, and the failure to raise the claim is the result of State action in violation of the Constitution or laws of United States, is the result of Supreme Court recognition of a new Federal right that is retroactively applicable, or is based on a factual predicate that could not have been discovered through the exercise of reasonable diligence; (2) the facts underlying the claim would be sufficient, if proven, to undermine the court's confidence in the jury's determination of guilt on the offense for which the death penalty was imposed; or (3) a stay and consideration of the requested relief are necessary to prevent a miscarriage of justice. Imposes time limits on filing for habeas corpus relief. Requires such time limits to be tolled under specified conditions. Requires the district court, upon the development of a complete evidentiary record, to rule on the merits of the claims properly before it. Authorizes a district court to refuse to consider a claim under this Act if: (1) the prisoner previously failed to raise the claim in State court at the time and in the manner prescribed by State law; (2) the State courts, for that reason, refused or would refuse to entertain the claim; and (3) such refusal would constitute an adequate and independent State law ground that would foreclose direct review of the State court judgment in the U.S. Supreme Court. Provides an exception to such authorization. Makes the requirement for a certificate of probable cause inapplicable, with an exception. States that a mechanism for the provision of counsel services to indigents sufficient to invoke the provisions of this Act shall provide for counsel to indigents: (1) charged with offenses for which capital punishment is sought; (2) who have been sentenced to death and who seek appellate or collateral review in State court; and (3) who have been sentenced to death and who seek certiorari review in the U.S. Supreme Court. Prescribes minimum qualifications for appointed counsel. Authorizes payment of fees and expenses for investigative, expert, or other services reasonably necessary for the representation of the defendant. Allows the court to fix the compensation to be paid to an attorney appointed under this Act. Specifies which law is applicable in Federal habeas corpus proceedings. Title XII: Punishment of Gun Criminals - Gun Criminals Punishment Act of 1991 - Subtitle A: Increased Penalties for Gun Offenses - Requires that any individual who, during and in relation to any crime of violence or drug trafficking crime, discharges a firearm that kills another person: (1) if the killing is a first degree murder, be sentenced to death, life imprisonment, or any term of years, fined, or both; and (2) if the killing is other than a first degree murder, be fined, imprisoned for life or any term of years, or both. Increases penalties to be imposed in addition to penalties provided for a crime of violence or drug trafficking crime for discharging, using, carrying, or otherwise possessing a firearm during and in relation to such crime to five to ten years for firearm, ten to 15 years for an assault weapon, short-barreled rifle, or short-barreled shotgun, and 30 years for a machine gun, destructive device, or firearm equipped with a silencer or muffler. Requires an individual to be sentenced to life imprisonment for a second conviction of such an offense if the firearm is an assault weapon. Directs the U.S. Sentencing Commission to promulgate, or amend existing, guidelines to provide for a sentencing enhancement in accord with such provisions. Subtitle B: Firearms and Related Amendments - Establishes penalties for possessing (current law covers only using and carrying) an explosive during the commission of a felony. Provides for 20 years imprisonment for using, carrying, or possessing an explosive, in the case of a second or subsequent conviction. Amends the Federal criminal code to prohibit the transfer of firearms to non-residents of the State in which the transferor resides. Specifies that if a conviction was for a violent felony involving the threatened or actual use of a firearm or explosives, or was for a serious drug offense, such person shall be considered convicted for purposes of this Act irrespective of any pardon, setting aside, expunction, or restoration of civil rights. Permits the judicial officer to consider pretrial detention with respect to certain firearms and explosives offenses. Sets forth penalties for smuggling firearms in aid of drug trafficking and for theft of firearms and explosives. Provides for the mandatory revocation of the supervised release of an individual for possession of a firearm. Increases penalties for making knowingly false, material statements in connection with the acquisition of a firearm from a licensed dealer. Amends the Internal Revenue Code of 1986 to: (1) change from six to five years the statute of limitations for certain firearms offenses; and (2) provide for the summary forfeiture of unregistered National Firearms Act weapons, with provision for reimbursement for innocent owners. Makes it unlawful for felons and others to possess explosives. Authorizes the summary destruction of explosives subject to forfeiture under specified circumstances. Sets forth requirements for reimbursement of the value of destroyed property. Makes it unlawful to knowingly possess stolen firearms, ammunition, or explosives. Adds using a firearm in the commission of counterfeiting or forgery (current law specifies only "whoever, during and in relation to any crime of violence or drug trafficking crime") among offenses which, if the offender uses or carries a firearm, will subject such person to an enhanced sentence. Provides for a mandatory five year penalty for firearms possession by violent felons and serious drug offenders. Modifies provisions regarding the reporting of multiple firearms sales to: (1) cover sales during any 30 consecutive days (currently, during any five consecutive business days); and (2) require each licensee to forward a copy of the report to the chief law enforcement officer of the place of residence of the unlicensed person not later than the close of business on the date that the multiple sale or disposition occurs. Subjects individuals who conspire to commit a firearms or explosives offense to the same penalties as those prescribed for the underlying offense. Provides for a fine or up to ten years imprisonment, or both, for stealing a firearm or explosive from specified individuals, such as a licensed importer, manufacturer, or dealer. Makes it unlawful for any person (current law specifies licensee) to distribute explosive materials to specified classes of individuals. Defines "burglary" to mean any crime punishable by a term of imprisonment exceeding one year and consisting of entering or remaining surreptitiously within a building that is the property of another with intent to engage in conduct constituting a Federal or State offense. Prohibits the court from placing on probation or suspending the sentence of any person sentenced pursuant to (currently, convicted of) a provision enhancing penalties for the use of a firearm during and in relation to any crime of violence or drug trafficking crime. Bars the sale of firearms and explosives to, or possession of firearms and explosives by, persons convicted of a violent or serious drug misdemeanor. Subtitle C: Prohibited Gun Clips and Magazines - Includes ammunition feeding devices (AFDs) within the definition of firearms for purposes of Federal firearms laws. Defines an AFD to include any detachable magazine, feed strip, or similar device which has a capacity of, or which can be readily converted to accept, more than 15 rounds of ammunition, with exceptions. Prohibits the importation, manufacture, transfer, receipt, or possession of AFDs, with exceptions. Requires the Secretary of the Treasury to maintain a central registry of all such devices transferred after the effective date of this Act which, after such transfer, are not under the control of the United States or any State or political subdivision. Specifies that such registry shall include: (1) identification of the device; (2) date of registration; (3) identification and address of the person entitled to possess the device; and (4) such other information as may be required by regulations promulgated by the Secretary. Establishes additional registration procedures. Requires all AFDs to be identified by a serial number and such other identification as the Secretary may prescribe. Provides for criminal penalties for violation of provisions of this Act relative to AFDs. Authorizes specified individuals engaged in the manufacture or importation of AFDs requiring a license to continue to engage in such business pending final action on the application. Title XIII: Prison for Violent Drug Offenders - Authorizes appropriations for the construction, and operation for one year, of ten regional prisons. Sets forth provisions with respect to the location and population of such prisons, prisoner eligibility (State and Federal prisoners with release dates of not more than two years from the date of assignment to the prison who have long-term drug abuse problems and serious criminal histories, and who agree to the assignment), State responsibilities, and the powers of the Director of the Bureau of Prisons (e.g., to return any prisoner not complying with program requirements and conditions.) Requires any State seeking to refer a State prisoner to a regional prison to submit to such Director an aftercare plan setting forth the provisions that the State will make for the continued treatment of the prisoner in a therapeutic community following release and providing for vocational job training where appropriate. Title XIV: Boot Camps - Directs the Attorney General, within one year, to establish within the Bureau of Prisons ten military-style boot camp prisons. Sets forth provisions with respect to prison capacity, proportion of State to Federal prisoners, and eligibility requirements. Authorizes appropriations. Title XV: Youth Violence Act - Subtitle A: Increasing Penalties for Employing Children to Distribute Drugs Near Schools and Playgrounds - Amends the CSA to increase the penalty for employing, using, inducing, or coercing individuals under age 18 to violate provisions of such Act, or to assist in avoiding detection or apprehension for certain offenses under such Act by Federal, State, or local law enforcement officials. Subtitle B: Antigang Grants - Amends the Juvenile Justice and Delinquency Prevention Act of 1974 to authorize the Administrator of the Office of Juvenile Justice and Delinquency Prevention to make grants to States and units of general local government to assist them in planning, coordinating, and evaluating projects to reduce the formation or continuation of juvenile gangs and the use and sale of illegal drugs by juveniles. Specifies the allocation (50-50) of funds available to each State for juvenile drug supply and drug demand reduction programs. Directs the Administrator to give priority to programs aimed at juvenile involvement in organized gang- and drug-related activities. Authorizes appropriations. Sets forth provisions with respect to application, and review and approval, procedures. Subtitle C: Juvenile Penalties - Amends the Federal criminal code to: (1) add certain firearms offenses to the offenses over which the United States has juvenile delinquency jurisdiction; and (2) provide for the treatment of violent juveniles who commit firearms offenses as adults under certain circumstances. Specifies factors to be considered in transferring a juvenile to adult status. Classifies as serious drug offenses for purposes of the Armed Career Criminal Act of 1984 serious drug offenses committed by juveniles. Title XVI: Rural Crime and Drug Control Act - Subtitle A: Fighting Drug Trafficking in Rural Areas - Amends the Omnibus Act to authorize appropriations, and increase the base allocation, for rural drug enforcement assistance. Directs the Attorney General to establish a Rural Drug Enforcement Task Force in each of the Federal judicial districts which encompass significant rural lands. Specifies the membership of such task forces. Directs the Attorney General to cross-designate up to 100 Federal officers with jurisdiction to enforce CSA provisions on non-Federal lands to the extent necessary to effect the purposes of this title. Requires the Director of the Federal Law Enforcement Training Center to develop a specialized course of instruction devoted to training law enforcement officers from rural agencies in the investigation of drug trafficking and related crimes. Authorizes appropriations. Subtitle B: Increasing Penalties for Certain Drug Trafficking Offenses - Ice Enforcement Act of 1991 - Amends the CSA to increase penalties for specified offense involving crystalline methamphetamine. Subtitle C: Rural Drug Prevention and Treatment - Amends the Public Health Service Act to require the Director of the Office for Treatment Improvement to establish a program to provide grants to hospitals, community health centers, and other appropriate entities that serve nonmetropolitan areas to assist in developing and implementing projects that provide, or expand the availability of, substance abuse treatment services. Authorizes appropriations. Requires the alcohol and drug abuse information clearinghouse required to be established under the Public Health Service Act to: (1) gather information pertaining to Alcohol, Drug Abuse, and Mental Health Administration and other rural drug abuse treatment and education projects operating throughout the United States; and (2) disseminate information to rural hospitals, community health centers, community mental health centers, treatment facilities, community organizations, and other interested individuals. Subtitle D: Rural Land Recovery Act - Specifies that each of the Rural Drug Enforcement Task Forces shall include one Director of Rural Land Recovery. Directs State and Federal prosecutors, when bringing charges against the operators of such laboratories, to include, in addition to drug-related charges, counts involving infringements of applicable environmental protection laws, including illegal disposal of hazardous waste and knowing endangerment of the environment. Authorizes such prosecutors and private citizens to bring suit against the operators of such laboratories for environmental and health-related damages caused by the operators in their manufacture of illicit substances. Title XVII: Drug Emergency Areas Act of 1991 - Drug Emergency Areas Act of 1991 - Amends the National Narcotics Leadership Act of 1988 to replace language with respect to the designation of high intensity drug trafficking areas with provisions authorizing the President to declare a State or part of a State to be a drug emergency area. Requires requests for such a declaration to be made, in writing, by the Governor or chief executive officer of any affected State or local government and forwarded to the President through the Director of National Drug Control Policy. Allows cities, counties, or States to submit a joint request. Requires requests to be based on a written finding that the emergency is of such severity and magnitude that Federal assistance is necessary to ensure an effective response. Prohibits the President from limiting declarations made under this Act to highly-populated centers of drug trafficking, drug use, or drug-related violence. Requires the President to consider applications from governments of less populated areas where the magnitude and severity of such activities are beyond the capability of the State or local government to respond. Requires Governors or chief executive officers, as part of such requests and as a prerequisite to such assistance, to: (1) take appropriate action under State or local law to respond to the crisis and furnish information on the nature and amount of State and local resources which have been or will be committed to alleviating the emergency; (2) certify that State and local government obligations and expenditures will comply with all applicable cost-sharing requirements; and (3) submit a detailed plan outlining the State or local government's short- and long-term plans to respond to the emergency. Requires the Director to review requests submitted and forward the application to the President, along with a recommendation. Authorizes the President to make grants to State or local governments of up to $50,000,000 for any single emergency. Limits the Federal share to 75 percent of the costs necessary to implement the short- and long-term plan. Limits the duration of assistance to a drug disaster area to one year, after which the Governors or chief executive officers may apply for an extension of up to 180 days. Requires any State or local government receiving Federal assistance to balance the allocation of such assistance evenly between drug supply and demand reduction efforts, unless State or local conditions dictate otherwise. Authorizes the President to: (1) direct any Federal agency to utilize its authorities and resources to support State and local efforts; and (2) provide technical and advisory assistance. Title XVIII: Drunk Driving Child Protection Act - Drunk Driving Child Protection Act of 1991 - Amends the Assimilative Crimes Statute to require the imposition of a Federal penalty (if not already imposed by a State) of one year imprisonment and a $1,000 fine, or both, in addition to any term of imprisonment under State law for driving under the influence of drugs or alcohol if a minor (other than the offender) was present in the vehicle at the time of the offense. Amends the common carrier provisions of the Federal criminal code to increase the penalty for operating a common carrier under the influence of drugs or alcohol if a minor (other than the offender) is present in the vehicle by up to one year's imprisonment (or if serious bodily injury of a minor is caused, five years; or if death of a minor is caused, ten years) and an additional $1,000 fine, or both. Defines "minor" as a person less than 18 years of age. Expresses the sense of the Congress that, in determining child custody and visitation rights, the courts should take into consideration the history of drunk driving of any person involved in the determination. Title XIX: Commission on Crime and Violence - Establishes the National Commission on Crime and Violence in America to: (1) develop a comprehensive crime control plan to serve as a blueprint for action in the 1990s; (2) bring attention to successful models and programs; (3) reach beyond the traditional criminal justice community for ideas; and (4) recommend improvements in local, State, and Federal coordination. Sets forth the composition of the Commission, its responsibilities, administrative provisions, reporting requirements, and termination date. Title XX: Protection of Crime Victims - Victims' Rights and Restitution Act of 1991 - Amends the Victims of Crime Act of 1984, as amended, to eliminate the cap on the crime victims fund. Requires (current law authorizes) the court to order restitution payments for specified violations of the Federal criminal code and the Federal Aviation Act of 1958. Authorizes the court, in addition to ordering restitution of the victim of the offense of which a defendant is convicted, to order restitution of persons harmed physically, emotionally, or pecuniarily by defendant's unlawful conduct during which the offense occurred or during the course of a scheme, conspiracy, or pattern of unlawful activity related to the offense. Sets forth additional provisions with respect to determination of amounts owed to the victim, set-offs, enforcement of restitution orders, and procedures for issuing such orders. Title XXI: Crack House Eviction Act - Amends the CSA to authorize: (1) the Attorney General to bring a civil action against violators of prohibitions against maintaining places for the manufacture, distribution, or use of controlled substances; and (2) the court to assess a civil penalty of up to $100,000 and grant such other relief, including injunctions and evictions, as appropriate. Directs the Attorney General to: (1) aggressively pursue the use of criminal penalties, civil injunctions, forfeiture sanctions, and other remedies against drug offenders; and (2) report annually to the Congress on the manner and extent to which such remedies are being used and their effect in curtailing drug trafficking. Title XXII: Organized Crime and Dangerous Drugs Division - Subtitle A: Establishment of an Organized Crime and Dangerous Drugs Division in the Department of Justice - Justice Department Organized Crime and Drug Enforcement Enhancement Act of 1991 - Establishes within DOJ the Organized Crime and Dangerous Drugs Division, consisting initially of specified offices within the Criminal Division of DOJ and the Organized Crime Drug Enforcement Task Force Program. Transfers to such Division all functions, personnel, and available funds of such offices and program. Requires such Division to be headed by an Assistant Attorney General for the Organized Crime and Dangerous Drug Division and a Deputy Assistant. Establishes within such Division such sections and offices as the Attorney General deems appropriate to maintain or increase the level of enforcement activities with respect to criminal racketeering, narcotics trafficking, money laundering, asset forfeiture, international crime, and civil enforcement. Directs the Attorney General to establish at least 20 field offices of the Division to be known as Organized Crime and Dangerous Drug Strike Forces. Sets forth additional provisions with respect to coordination of field activities and the transfer of staff assigned to the Task Forces to the Division (designated the Criminal Narcotics Section). Specifies that the agents assigned to the Strike Forces shall be dedicated exclusively to, and located with, the Strike Forces and shall be given credit for the work of the Strike Forces. Requires the Assistant Attorney General for Organized Crime and Dangerous Drugs to report to the Congress on the areas of the United States that may require increased assistance from DOJ through the establishment of additional strike forces. Authorizes appropriations for salaries and expenses of the Division for FY 1992, subject to certain limitations. Subtitle B: International Prosecution Teams - Requires the Division to include at least ten International Drug Enforcement Teams: (1) devoted exclusively to investigating, prosecuting, and supporting the investigation and prosecution of international drug cases; and (2) responsible for developing expertise in handling civil and criminal cases involving extradition, money laundering, drug-related corruption, and other complex cases relating to international drug trafficking. Specifies relationships of team members and goals, including improved coordination and cooperation between the United States and foreign countries in the suppression of international money laundering and narcotics trafficking. Title XXIII: Exclusionary Rule - Amends the Federal criminal code to bar the exclusion of evidence obtained as a result of a search or seizure that was in violation of the fourth amendment to the Constitution if the search or seizure was carried out in reasonable reliance on a warrant that was issued by a detached and neutral magistrate and that was ultimately found to be invalid, unless: (1) the judicial officer in issuing the warrant was materially misled by information in an affidavit that the affiant knew was false or would have known was false except for his reckless disregard of the truth; (2) the judicial officer provided approval of the warrant without exercising a neutral and detached review of the application for the warrant; (3) the warrant was based on an affidavit so lacking in indicia of probable cause as to render official belief in its existence entirely unreasonable; or (4) the warrant is so facially deficient that the executing officers could not reasonably presume it to be valid. Title XXIV: Drug Testing - Federal Prisoner Drug Testing Act of 1991 - Amends the Federal criminal code to require, as a condition of probation, supervised release, or parole, that the defendant pass a drug test prior to the imposition of sentence, refrain from any unlawful use of a controlled substance, and submit to at least two periodic drug tests (as determined by the court, with respect to probation or supervised release, and by the U.S. Parole Commission, with respect to parole) for use of a controlled substance. Specifies that no action may be taken against a defendant pursuant to such a drug test unless the test confirmation is a urine drug test confirmed using gas chromatography/mass spectrometry techniques or one determined to be of equivalent accuracy. Title XXV: Maximum Penalty Increases for Violent Crimes - Increases the maximum penalty for: (1) assaults against specified classes of individuals; (2) manslaughter; (3) certain civil rights violations (including damage to religious property); (4) interstate and foreign travel or transportation in aid of racketeering enterprises; and (5) conspiracy to commit murder for hire. Specifies that, in determining the equitable share of proceeds for a State or local law enforcement agency from a drug-related asset seizure under CSA provisions, the Attorney General shall not retain more than ten percent of the total proceeds to cover the costs of administrative expenses. Title XXVI: Obstruction of Justice - Increases penalties for obstruction of justice offenses against court officers and jurors and for retaliatory killings of witnesses, victims, and informants. Title XXVII: Brady Handgun Violence Prevention Act - Brady Handgun Violence Prevention Act - Makes it unlawful for any licensed importer, manufacturer, or dealer to sell, deliver, or transfer a handgun to an unlicensed individual unless: (1) after the most recent proposal of such transfer by the individual, the transferor has received a statement of eligibility from the individual, has notified the chief law enforcement officer for such individual's place of residence about the proposed transfer, and either has received a response indicating that such transfer is not prohibited by law or has not received a response indicating otherwise within seven days; (2) the individual has presented to the transferor a statement from the officer, issued in the past ten days, that the individual requires a handgun because of a threat to him or his family; (3) the individual has presented to the transferor a permit to possess a handgun that has been issued in the past five years by the State in which the transfer is to take place under a State law which requires law enforcement verification of the individual's legal qualification to possess a handgun; (4) State law either requires a waiting period of at least seven days or requires that an authorized government official verifies that the information available to such official does not indicate that possession of a handgun by the purchaser would be unlawful; or (5) the transferor has received a report from any system of felon identification established by the Attorney General under the Anti-Drug Abuse Act of 1988 that the individual's possession or receipt of the handgun would not violate Federal, State, or local law. Requires the statement of eligibility to include a statement that the individual: (1) is not under indictment for and has not been convicted of a crime punishable by imprisonment for a term exceeding one year; (2) is not a fugitive; (3) is not an unlawful user of, or addicted to, a controlled substance; (4) has not been adjudicated as a mental defective or committed to a mental institution; (5) is not an alien who is illegally in the United States; (6) has not been dishonorably discharged from the armed forces; and (7) is not a person who has renounced U.S. citizenship. Requires any transferor who, after a transfer, receives a report from such officer that receipt or possession of the handgun by the individual violates the law, to: (1) furnish information about the transfer and the individual to the chief law enforcement officer of the transferor's place of business and the individual's place of residence; and (2) keep confidential any information received which is not otherwise available to the public, with exceptions. Requires a transferor to retain a copy of the individual's statement and retain evidence of compliance with the requirement under this Act with respect to the furnishing of a copy of the statement to the chief law enforcement officer of the place of residence of the individual within one day after furnishing such statement. Requires the law enforcement officer to destroy any copy of the individual's sworn statement and any record containing information derived from such statement within 30 days, unless such officer determines that the transaction would violate Federal, State, or local law. Specifies that a chief law enforcement officer shall not be liable to any person for action taken by the officer to ascertain whether a transferee of a handgun has a criminal record or whether there is any other legal impediment to the transferee receiving a handgun under any Federal, State, or local law, except a law that specifically provides for such liability. Directs the Attorney General, subject to appropriations, to make a grant to an eligible State for the direction of a computerized criminal history record system or improvement of an existing system and to defray the cost to State and local law enforcement agencies in conducting background checks on prospective handgun purchasers. Specifies the allocation of grant funds. Authorizes appropriations.
Bill· SS. 1246 (102nd)referred
United States · United States Congress · 6 June 1991
Higher Education Act Amendments of 1991 - Amends the Higher Education Act of 1965 (HEA) to revise and reauthorize its programs. Title I: Access and Retention - Establishes a new HEA title I, Access and Retention, to provide special programs and projects: (1) to identify and encourage students from low-income or educationally disadvantaged backgrounds who have potential for postsecondary and graduate education; and (2) to prepare students from such backgrounds for such education. (Replaces the current title I, Postsecondary Programs for Nontraditional Students.) Establishes a new Precollege Outreach Program of grants to States (replacing the current part A program) to support outreach services for individuals from low-income and educationally disadvantaged backgrounds in order to help them successfully complete secondary education and begin and succeed in postsecondary education. Authorizes States to make subgrants to eligible entities to carry out one or more of such services. Provides for a gradually declining Federal share of project costs, from 90 percent in the first year, with five percent reductions in succeeding years leveling off at 70 percent for the fifth year and thereafter. Includes among criteria to be used by the State agency in selecting projects the degree to which an applicant's service area include large numbers of low-income or first-generation college students. Prohibits an institution of higher education from using such grant funds for recruitment of students to enroll at that institution. Authorizes appropriations. Establishes a new Student Support Service Program of grants to institutions of higher education (replacing the current part B National Programs) to support individuals pursuing postsecondary education programs who are first-generation college students or from low-income or educationally disadvantaged backgrounds. Directs the Secretary, in making such grant awards, to give highest priority to projects at institutions with the lowest educational and general expenditures per full-time equivalent student. Sets forth types of authorized services to assist in motivating and preparing students for postsecondary education. Authorizes appropriations. Establishes a new Ronald E. McNair Graduate Outreach Program of grants to institutions of higher education (combining and replacing certain current part C programs) for services to eligible individuals from low-income and educationally disadvantaged backgrounds to prepare them for graduate, professional, and doctoral study. Directs the Secretary not to make such a grant award without assurances that: (1) at least two-thirds of project participants will be first-generation college students from low-income families; (2) remaining participants will be from a group underrepresented in graduate education; (3) participants will be enrolled in a degree program at an institution of higher education; and (4) participants in summer research internships will have completed their sophomore year in postsecondary education. Sets forth authorized uses of grant funds, including opportunities for research or other scholarly activities, summer internships, and fellowships. Authorizes appropriations. Title II: National Graduate Fellowships Program - Repeals HEA titles II (Academic Library and Information Technology Enhancement) and IX (Graduate Programs). Establishes a new HEA title II, National Graduate Fellowships Program, for competitive grants to institutions of higher education to provide financial support to highly qualified individuals in graduate studies in areas of national need (including individuals from groups traditionally underrepresented in such studies in such areas). Designates each fellowship recipient a National Graduate Fellow. Limits the fellowship stipend to five years. Authorizes the Secretary to award continuation grants to institutions demonstrating satisfactory progress. Revises institutions receiving them to give preference in awarding fellowship stipends to students who have received National Graduate Fellowships and who demonstrate satisfactory progress in their studies. Sets forth reporting requirements. Directs the Secretary to make new grants under title II only to the extent that funds remain from continued prior funding under HEA to recipients of graduate fellowship assistance for: (1) the Foreign Language and Areas Studies Fellowship Program; (2) the Patricia Roberts Harris Fellowship Program; (3) the Jacob K. Javits Fellows Program; or (4) the Graduate Assistance in Areas of National Need Program. Requires institutions receiving title II grants to give preference in awarding fellowships to students who previously received such assistance under a listed program. Allows a student who received such assistance to subsequently receive a National Graduate Fellowship, but limits the combined period of assistance to not more than five years. Authorizes appropriations. Title III: Institutional Aid - Revises HEA title III, Institutional Aid. Eliminates provisions for special consideration for certain activities. (Deems these simply as allowable program activities.) Revises eligibility criteria for institutions to require that their average educational and general expenditures be lower, by a percentage determined annually, than the same expenditures per full-time equivalent undergraduate student of institutions that offer similar instruction. Eliminates as a requirement for such assistance that such institutions are to have been authorized for the preceding five years to offer a specified degree program, and accredited or making reasonable progress toward accreditation. Eliminates provisions for waivers of such requirement for institutions with specified percentages of minority students. Limits grant awards to only one such grant, with a maximum five-year duration, to any eligible institution, except that a one-year planning grant may be awarded for preparing plans and applications. Requires: (1) grant applications to describe measurable goals for the institution's management and academic programs, and a plan for achieving them; and (2) continuation applications to demonstrate progress toward achieving them. Revises the program of grants to strengthen Historically Black Colleges and Universities. Allows the use of grant funds to establish or improve a development office to strengthen or improve contributions from alumni and the private sector. Prohibits awarding to any one undergraduate institution: (1) more than two such grants for a period not to exceed ten years from September 30, 1987; or (2) any grant exceeding five years. Requires grant applications to describe measurable goals for the institution's financial management as well as academic goals, and plans to achieve them. Revises and renames a certain program Endowment Challenge Grants for Institutions Eligible for Assistance. Increases the amount (from $10,000,000 to $20,000,000) which appropriations for such grants must exceed before the Secretary may make a two-to-one matching endowment grant exceeding $1,000,000 to an institution. Gives priority for endowment grants to applicants that have received another title III grant within the preceding five years. Revises title III general provisions. Authorizes appropriations. Title IV: Student Assistance - Part A: Grants to Students - Amends HEA title IV (Student Assistance) with respect to the program of Grants to Students in Attendance at Institutions of Higher Education. Subpart 1: Pell Grants - Extends Pell Grant program authority through FY 1997. Eliminates a requirement that the Secretary make an advance payment to eligible institutions of at least 85 percent of the amount each institution requests as needed to pay Pell Grants to eligible students. Revises requirements for the amount of Pell Grants. Sets the amount of an award to a student at the lesser of: (1) the specified maximum award less the expected family contribution; or (2) the percentage (based on family-income level) of the amount of the student's need for financial assistance (i.e. cost of attendance minus expected family contribution). Increases the maximum award amount to $3,700 for 1992-3 and the four succeeding award years. Sets forth a table of percentages of student need for award computation. Increases the minimum allowable award from $200 to $400. Eliminates certain restrictions on the award of Pell Grants to students attending on a less than half-time basis. Revises the period of eligibility for Pell Grants. Limits such period to the full-time equivalent of three academic years in the aggregate in the case of all undergraduate degree or certificate programs normally requiring two years or less. Specifies that longer eligibility periods for longer programs are cumulative and include periods for which the student received a Pell Grant under shorter programs Revises requirements for adjustments for insufficient appropriations for the Pell Grant program. Provides for reduction of all awards by a percentage determined in accordance with a schedule of reductions by the Secretary. (Currently certain awards are held harmless.) Increases the minimumm allowable Pell Grant, under such reduction formula, from $100 to $200. Eliminates certain limitations on the availability of Pell Grant funds when excess amounts are available at the end of a fiscal year. Subpart 2: Supplemental Educational Opportunity Grants - Extends the authorization of appropriations for the Supplemental Educational Opportunity Grants (SEOG) program, but reduces the amount of funding. Reduces the Federal share of SEOG awards to not more to not more than 50 percent in FY 1992 and thereafter. (Current law provides for a maximum Federal share of 85 percent in FY 1991, and allows an even greater Federal share if the Secretary determines it warranted.) Subpart 3: Repeals - Repeals authority for the following programs: (1) Grants to States for State Student Incentives (SSI); (2) Special Programs for Students from Disadvantaged Backgrounds (TRIO programs); (3) Assistance to Institutions of Higher Education (including the Veterans Education Outreach Program); and (4) Special Child Care Services for Disadvantaged College Students. Subpart 4: Presidential Achievement Scholarship Program - Creates a Presidential Achievement Scholarship Program to award scholarships to Pell Grant recipients who demonstrate high levels of academic achievement. Authorizes appropriations. Allows Presidential Achievement Scholars to receive up to four scholarships, each for one academic year, for full-time undergraduate study (or five scholarships for full-time undergraduate study programs that require attendance for five academic years). Bases eligibility in the first year of postsecondary education on the student's receiving a Pell Grant and either: (1) ranking, or having ranked, in the top ten percent, by grade point average, of his or her high school graduating class; or (2) achieving at least the announced minimum score on one of the nationally administered, standardized tests identified by the Secretary. Bases eligibility after the first year on the student's receiving a Pell Grant and: (1) being enrolled in a program of study of at least two years that lead to a degree or certificate; and (2) ranking in the top 20 percent, by cumulative grade point average or equivalent, of his or her postsecondary education class as of the last academic year of study completed. Provides that a student's eligibility for such a scholarship does not depend on receipt of scholarship or Pell Grant in the previous academic year. Requires full-time attendance at the institution as a condition for receiving such a scholarship. Directs the Secretary to establish scholarship award procedures, including deadlines for consideration of students. Requires disbursement of scholarship proceeds to the institutions, but not until the student recipients are enrolled. Sets such scholarship award at $500 for any academic year. Reduces such amount by the amount it exceeds the student's cost of attendance by itself or when combined with other Federal or non-Federal grant or scholarship assistance in the the academic year. Provides for proportionate reductions in each award to adjust for insufficient appropriations. Subpart 5: National Science Scholars Program - Creates a National Science Scholars Program to award scholarships to outstanding students, selected by the President, for the study of physical, life, or computer sciences, mathematics, or engineering. Authorizes appropriations. Provides for an a initial award for the first year of undergraduate study and continuation award for the remaining three (or four) years, as appropriate. Allows National Science Scholars to use such award to attend any defined institution of higher education. Requires the Director of the National Science Foundation (NSF Director) and the Secretary to jointly establish criteria for selection of scholars for initial year awards. Requires such criteria to include potential to successfully complete a postsecondary program, and motivation to pursue a career, in such fields. Allows consideration to be given to individual financial need and to the nondiscriminatory promotion of participation by minorities and individus with disabilities. Requires States to establish a nominating committee, if they desire to qualify student residents for selection. Requires each State nominating committee to submit to the President nominations of from four to ten individuals from each congressional district. Requires priority ranking of such nominations. Requires the President to select and announce two such scholars for each academic year from each congressional district. Directs the Secretary to make continuation awards of additional scholarships to recipient of initial awards who meet specified requirements. Requires disbursement of scholarship proceeds to the institutions, but not until the student recipients are enrolled. Requires the NSF Director and the Secretary to encourage the support and assistance of civic groups, the business community, professional associations, institutions of higher education, and others in providing scholarship assistance to National Science Scholarship finalists. Sets forth eligibility requirements for initial and continuation awards. Allows the Secretary to waive full-time attendance requirements in unusual circumstances. Directs the Secretary to determine circumstances for eligibility reinstatement after an interruption of schooling for personal reasons. Requires the Secretary annually to notify all public and private secondary schools and all institutions of higher education in each State of the availability of such scholarships. Sets such a scholarship award at $6,000 for any academic year. Reduces such amount by the amount it exceeds the student's cost of attendance by itself or when combined with other Federal and non-Federal grant or scholarship assistance in the academic year. Provides for proportionate reductions in each award to adjust for insufficient appropriations. Requires priority consideration to be given students receiving such scholarships, to the extent they are otherwise qualified, for federally financed summer employment in federally funded research and development centers that complements and reinforces their educational program. Requires Federal agencies to participate actively in providing appropriate summer employment opportunities for such students. Repeals provisions of the Excellence in Mathematics, Science, and Engineering Education Act of 1990 which currently authorize the National Science Scholars Program. Subpart 6: Special Programs for Students Whose Families Are Engaged in Migrant and Seasonal Farmwork - Revises the Special Programs for Students Whose Families Are Engaged in Migrant and Seasonal Farmwork. Renames certain grants as grants to build the program capacity of educational agencies, institutions, and organizations to operate high school equivalency programs (HEP) and college assistance migrant programs (CAMP) for migrant students. Makes State and local educational agencies (as well as as institutions of higher education and private nonprofit organizations) eligible for such HEP grants. Allows provision of HEP services to individuals 16 years of age or older, or beyond the State age of compulsory school attendance, and not currently enrolled in school. (Current laws requires 17 years of age or over.) Limits authorized CAMP services, with specified exceptions, to those services necessary to assist migrant students in completing their first year of college. Requires CAMP grantees to provide follow-up services for migrant students after their first year of college. Authorizes use of up to ten percent of the CAMP grant for such follow-up services. Requires such follow-up services to include: (1) monitoring and reporting on student academic progress; and (2) referring students to providers of counseling services, academic assistance, or financial aid. Requires each project application to include a long-range management plan describing how the applicant will, over the grant period, gradually assume financial responsibility to provide services substantially similar to those proposed in the application. Requires the Secretary in making grants, to consider the geographic distribution of the persons to be served by grantees. Requires grant awards to be one-time, nonrenewable grants for: (1) a five-year period for first-time grantees; and (2) a three-year period for previous grantees. Provides for a Federal share of 90 percent in the first year, declining to 50 percent in the last year of such grants. Retains the $150,000 minimum allocation for each project. Extends the authorization of appropriations for the the HEP and CAMP programs. Subpart 7: Robert C. Byrd Honors Scholarship Program - Revises the Robert C. Byrd Honors Scholarship Program, particularly the formula for allocation of such scholarship program funds among States. Bases such allocation on relative population ages five through 17. Provides that each State shall receive at least ten scholarships. Allocates to the State $1,500 per scholarship. Eliminates a requirement that ten such scholars be selected for each congressional district. Requires the State education agency to adopt selection procedures to ensure an equitable geographic distribution of awards within the State. Eliminates requirements for an award ceremony. Extends the authorization of appropriations for the Robert C. Byrd Honors Scholarship Program. Part B: Guaranteed Student Loans - Revises the Robert T. Stafford Student Loan program. Extends the authorization for, and the amount of, new loan principal that may be made to students covered by Federal loan insurance. Increases the annual and aggregate loan limits under the Stafford loan and the Supplemental Loans for Students (SLS) programs. Requires lenders to: (1) offer Stafford and SLS loan borrowers the option of repaying such loans on a graduated repayment schedule under specified conditions; (2) obtain the borrower's authorization for entry of judgment against the borrower in the event of default; and (3) obtain the borrower's driver's license number, if any, at the time of loan application (for the parent loan PLUS program, as well). Eliminates a provision which allowed an institution to refuse to certify a student's eligibility for a loan, or allowed it to certify a lesser amount, under specified conditions. Revises loan deferment provisions. Retains deferment while the borrower is in specified courses of study. Replaces the various current categorical deferments with a hardship deferment of up to three years in the aggregate. Requires the lender to grant specified forbearance if the borrower is a Peace Corps or VISTA volunteer does not qualify for such hardship deferment. Revises provisions for Federal reinsurance coverage. Revises the period in which guaranty agencies must file reinsurance claims. Revises requirements for calculation and payment of such reinsurance. Requires in the case of Stafford, SLS, and PLUS loan applicants over age 21, that the lender: (1) obtain a credit report; and (2) require a cosigner for such applicants who have adverse credit histories. Allows the lender to charge such applicants for the actual cost of such credit reports, up to $25. Requires a 60-day delayed disbursement of Stafford or SLS loans to first-year undergraduates at institutions with default rates of 30 percent or greater. (Retains the current 30-day delayed disbursement for first-year undergraduates at institutions with default rates less than 30 percent.) Revises provisions for eligibility limitations, suspensions, terminations, other hearing procedures, and fines for lenders or institutions that violate program requirements. Sets forth conflict-of-interest restrictions on guaranty agency officers and employers. Prohibits any guaranty agency from permitting any of its officers or employees, or any member of their immediate families, to have a direct financial interest in, or serve as an officer or employee of, any lender, secondary market, contractor, or service with which the guaranty agency does business. Includes financial information among the information the Secretary may reasonably require from a guaranty agency to carry out the student loan programs and protect the U.S. financial interest. Revises the administrative cost and collection retention allowances for guaranty agencies. Revises provisions for oversight of guaranty agencies. Authorizes the Secretary to require a guaranty agency to submit and implement a management plan if the ratio of its reserve funds to outstanding guarantees is less than a set level, or if its administrative or financial condition jeopardizes its continued ability to perform its responsibilities under its guaranty agreement. Authorizes the Secretary to terminate the guaranty agreement with any agency that fails to submit an acceptable management plan or fails to improve substantially its condition in accordance with such a plan. Authorizes the Secretary to assume guaranty agency functions of agencies whose agreements are terminated by the Secretary or themselves. Limits the Secretary's liability for any outstanding liabilities of a guaranty agency, the functions of which the Secretary has assumed, to the fair market value of assets assigned by the agency to the Secretary, minus any necessary liquidation or administrative costs. Requires State backing of designated guaranty agencies. Requires each State to guarantee, with its full faith and credit or the equivalent, all student loans guaranteed by the guaranty agency designated for that State for borrowers attending eligible institutions in that State. Provides that a State may elect to guarantee, in addition, student loans guaranteed by any other guarantee agency for borrowers who are attending eligible institutions in that State. Requires the State, if such a guaranty agency backed by the State is unable to discharge its insurance obligation, to be responsible for discharging them, as well as administrative costs associated with transferring the guaranty agency's operations to another entity. Directs the Secretary, if a State discharges such insurance obligations, to pay the State the amount the guaranty agency would otherwise have received as reimbursement. Directs the Secretary, unless a State demonstrates by January 1, 1994, that it is backing the designated guaranty agency, to assess institutions of higher education participating in the student loan program that are located in that State a fee based on the risk of financial loss to the Federal Government that the State would otherwise assume. Requires such fees to be deposited in the student loan insurance fund. Requires State to pay a share of default costs in specified circumstances. Allows a State to charge a fee to an institution of higher education in the State participating in the loan program, to an approved fee structure based on the institution's cohort default rates and the State's risk of loss under such requirement. Eliminates the student loan program eligibility of foreign institutions (but not of study abroad that is part of the curriculum of U.S. institutions). Revises the definition of cohort default rate. Reduces the special allowance rates for holders of loans for which the cohort default rate exceeds 20 percent. Requires the Student Loan Marketing Association (Sallie Mae) to notify the Secretary, within 15 days, when: (1) it makes a loan or extends any other form of credit to a guaranty agency; (2) its cumulative loans or other forms of credit outstanding to any one lender exceed $50,000,000; or (3) it makes any additional loans or other forms of credit to a lender whose cumulative outstanding loans from it exceed $50,000,000. Requires Sallie Mae's annual report on its operations and activities: (1) to be submitted to the Secretary and the Congress (currently the President and the Congress); and (2) to include specific information regarding its investments and debts, the characteristics of its student loan portfolio, and other data which the Secretary may reasonably require. Part C: Work-Study Programs - Extends the authorization of appropriations for Work-Study Programs (but reduces the amount of such funding). Lowers the maximum Federal share of the the compensation of students employed in the work-study program to 50 percent for FY 1992 and succeeding fiscal years. (Current law sets it at 70 percent for academic year 1990-1991 and succeeding academic years.) Eliminates special incentives (such as increased Federal administrative allowance and increased Federal share of student compensation for community service-learning jobs under the work-study program. Lowers the maximum Federal share of the cost of any job location and development program, under the work-study program from 80 percent to 50 percent. Prohibits students attending proprietary institutions of higher education from being employed by such institutions under the work-study program (but allows them to participate in work-study program employment by a government agency or a private nonprofit organization). Reduces from $200 to $100 the amount of work-study program compensation in excess of need that a student may receive. Eliminates provisions for private sector employment agreements under the work-study program. Part D: Income Contingent Loan Program - Extends through FY 1996 the authorization of appropriations for the Income Contingent Direct Loan Program (ICL program) (and increases the amount of such funding). Eliminates the limitation that the Secretary may not enter into ICL agreements with more than ten institutions of higher education. Makes consortia of institutions of higher educations (as well as single institutions) eligible to participate in the ICL program. Provides for an aggregate ICL loan limit of $50,000 for individual graduate and professional students, including any such loans made to such persons before they become graduate or professional students. Provides for an annual limit of $10,000 on ICL loans to graduate and professional students. (Retains current limits for undergraduates.) Requires ICL applicants to provide their driver license number, if any. Requires institutions to: (1) obtain a credit report on any ICL applicant over age 21; and (2) require any such applicant with an adverse credit history to obtain a cosigner and report to the Congress on the cost-effectiveness of the ICL program, its impact on participating institutions and students, and the feasibility of extending it to a loan program of general applicability. Part E: Perkins Loan Program - Authorizes appropriations for the Perkins Loan Program, but only for reimbursement of institutions for Perkins loans that are cancelled for certain public service. Terminates the authorization of appropriations for: (1) Federal contributions to student loan funds established under such program; and (2) continuation loans to certain students who have received earlier Perkins Loans. Revises provisions for terms of such loans and cancellation for public service. Extends provisions for distribution of assets from such student loan funds. Repeals provisions for allocation of funds. Part F: Need Analysis - Revises provisions for need analysis to apply them to all need-based student assistance programs, including Pell Grants (which currently have a separate need analysis system). Revises the definitions of cost of attendance and family contribution, as well as provisions for data elements used in determining expected family contribution. Revises the formula for calculation of the expected family contribution for a dependent student to eliminate references to the student's spouse. Allows application of any parent's negative available income: (1) to reduce the parent's income supplement amount from assets; and (2) if there is any negative amount remaining after that is reduced to zero, to increase the allowances against the dependent student's income. Revises the minimum dependent student contribution to be the greater of: (1) specified amounts that vary according to family total income; or (2) 70 percent of the student's total income, minus the adjustment to student income. Eliminates certain exceptions to the general need analysis calculation for dislocated workers and displaced homemakers. Excludes from the calculation of net worth the net value of the principal place of residence for the families of dependent students and for independent students, if their adjusted gross income is less than $20,000. Revises the tables for determination of standard maintenance allowance, employment expense allowance, adjusted net worth of business and of farm, asset protection allowance, and parent's assessment from available income. Revises the asset protection allowance to provide for consideration of the average age of both parents. Revises provisions for family contribution for married or single independent students without dependents (including various revisions similar to those described for dependent students). Includes married, as well as unmarried, students under this category of independent students without dependents. Revises provisions for minimum student contribution under this category. Revises tables for determining various allowances and other factors. Revises provisions relating to the family contribution for married or single independent students with dependents (including provisions similiar to those in other categories). Revises tables for determining various allowances and other factors. Eliminates certain restrictions on the Secretary's authority to prescribe regulations to carry out need analysis requirements. Revises provisions relating to development of revised tables of assessment rates for purposes of such need analysis. Authorizes the Secretary to prescribe regulations specifying situations in which the data elements considered in determining a student's expected family contribution may be modified to accommodate the special circumstances of the student. Part G: General Provisions - Revises general provisions relating to student assistance programs. Includes as an institution of higher education for the student assistance programs any institution that provides programs of at least six months (or 600 clock hours) that prepare students for gainful employment in recognized occupations, and that has been in existence for at least two years. Makes ineligible for student assistance program participation for specified periods any institution whose cohort default rate equals or exceeds a specified threshold percentage. Revises provisions for proprietary institutions of higher education. Authorizes the Secretary, if a particular category of proprietary institution does not meet specified student assistance program requirements because there is no nationally recognized accrediting agency or association qualified to accredit such institutions, to: (1) appoint an advisory committee to recommend qualifying standards; and (2) determine whether the particular schools meet them. Provides for reduction of student assistance loan award maximums for short-term programs. Revises provisions relating to a master calendar. Revises provisions for a common financial reporting form for determination of expected family contribution. Requires students, in order to remain eligible for assistance, to satisfy specified minimum academic achievement standards, including an academic standing above the bottom ten percent of their postsecondary class. Directs the Secretary to implement a system of verification of immigration status. Revises requirements for borrower information to be submitted to the institution during the exit interview. Eliminates certain provisions for training in financial aid and student support services. Requires any institution participating in any student assistance program to have in effect a fair and equitable refund policy and to provide a written statement of it, with examples, to prospective students. Revises provisions for student assistance program participation agreements. Requires the institution to acknowledge the authority of the Secretary, guaranty agencies, accrediting agencies, and State licensing bodies to share with each other any information pertaining to the institution's eligibility to participate in such programs. Prohibits institutions from providing any incentive payments for securing enrollments to any persons or entities engaged in any student recruiting or admission activities or in making decisions regarding the award of student financial assistance. Eliminates the requirement that hearings be on the record, with respect to program participation limitation, suspension, or termination procedures. Authorizes the Secretary to conditionally certify an institution's eligibility to participate in student assistance programs, under specified circumstances. Provides for wage garnishment for loan collection. Authorizes a guaranty agency, or the Secretary where appropriate, to garnish the disposable pay of an individual to collect the amount owed or the required repayment, subject to certain conditions. Provides for data matching. Authorizes the Secretary to obtain from Federal or State agencies specified information relating to an individual for student loan collection purposes. Directs the Secretary of Labor to enter into an agreement to provide prompt access for the Secretary to wage and unemployment compensation claims information and data maintained by or for the Department of Labor or State employment security agencies. Subjects to specified criminal penalties attempts to commit specified offenses. Amends the Higher Education Technical Amendments of 1991 to make permanent the elimination of limitations on actions to collect defaulted student loans or grant overpayments. Title V: Education Recruitment, Retention, and Development - Establishes a new Partnerships for Innovative Teacher Education program, replacing the current Midcareer Teacher Training for Nontraditional Students program. Authorizes the Secretary to make grants to and contracts with State and local educational agencies, institutions of higher education, and consortia of such institutions and agencies to plan, establish, and operate teaching schools to develop and put into practice the best knowledge about teaching. Provides that such awards shall be for a term of three years, with renewals for two additional years under specified conditions. Provides for applications, priorities, uses of funds by award recipients, and authorized activities of such teaching schools. Authorizes appropriations. Sets the Federal share at 75 percent for the first three years and 50 percent for the final two years. Repeals provisions for School, College, and University Partnerships. Retains Professional Development and Leadership Programs. Authorizes appropriations to complete the final year of funding for the territories under provisions for Leadership in Educational Administration Development. Repeals provisions for Professional Development Resource Centers and Leadership in Educational Administration Development. Retains Teacher Scholarships and Fellowships. Renames the Congressional Teacher Scholarship Programs the Paul Douglas Teacher Scholarship Program. Makes such scholarships available to outstanding high school graduates who demonstrate an interest in teaching. Authorizes appropriations. Revises requirements for the teaching service obligation of certain scholarship recipients, repayment conditions, assurances of pursuing a teaching career, and maintenance of academic achievement. Revises the Christa McAuliffe Fellowship Program to authorize appropriations. Bases allotment of funds on the number of public school teachers in each State and other specified jurisdictions. Authorizes the Secretary, in extraordinary circumstances, to waive or defer all or a portion of the service requirement, or to allow fellows to fulfill their service requirement by teaching in another school or school district. Requires States, in making fellowship awards, to give priority to applicants proposing fellowship projects involving pursuit of eligible activities on a full-time basis as part of a sabbatical. Eliminates the requirement that announcement of such awards be made in a public ceremony. Repeals provisions for State Task Forces on Teacher Training. Title VI: International Education Programs - Revises the International and Foreign Language Studies program for graduate and undergraduate language and area centers to eliminate stipends and allowances for: (1) individuals undergoing advanced training; and (2) students beginning their third year of graduate training. Repeals provisions for grants to institutions of higher education or public or private nonprofit library institutions or consortia to acquire, maintain bibliographic data on, preserve, and make available to researchers and scholars certain periodicals published outside the United States which are not commonly held by U.S. academic libraries. Authorizes appropriations to carry out International Education Programs. Title VII: College Facilities Loans and Insurance - Revises and redesignates the Construction, Reconstruction, and Renovation of Academic Facilities Loans and Insurance program to: (1) provide higher education institutions with access to private capital construction debt through the College Construction Loan Insurance Association; and (2) provide for servicing of the remaining loan portfolio of the Higher Education Facilities Loans, College Housing Loans, and College Housing and Academic Facilities Loans authorized before the effective date of this Act. Repeals the authorization of appropriations and other provisions for: (1) Grants for the Construction, Reconstruction, and Renovation of Undergraduate Academic Facilities; (2) Grants for Construction, Reconstruction, and Renovation of Graduate Academic Facilities; (3) Loans for Construction, Reconstruction, and Renovation of Academic Facilities; (4) Grants to Pay Interest on Debt; (5) Housing and Other Educational Facilities Loans; and (6) Special Programs. Authorizes appropriations for remaining programs. Title VIII: Cooperative Education - Extends the authorization of appropriations for Cooperative Education (but reduces the amount of such funding). Eliminates certain reservations of funds for specified categories of projects. (Retains the current division of 75 percent of funds for grants for cooperative education programs and 25 percent for demonstration and innovation projects, training and resource centers, and research.) Defines cooperative education as the provision of alternating or parallel periods of academic study and public and private employment in order to give students work experience related to their academic or occupational objectives and an opportunity to earn the funds necessary for continuing and completing their education. Revises matching requirements for cooperative education grants. Requires grant applicants to describe fiscal support plans to ensure that such programs shall continue beyond the five-year period of Federal assistance at not less than the level of expenditures for the initial year of Federal assistance. Authorizes the Secretary to elect not to make a continuation award to a fund recipient that has failed to maintain such fiscal effort in years after the grant period. Requires each recipient to document to the Secretary its maintenance of fiscal effort beyond the five-year period of Federal assistance. Revises grant application requirements to require descriptions of: (1) the extent to which programs in the academic discipline for which the application is made have had a favorable reception by public and private sector employers; and (2) the plans the applicant will carry out to evaluate their cooperative education program at the end of the grant period. Eliminates certain factors for special consideration of applications. Directs the Secretary to give special consideration to applications which demonstrate a commitment to serving disadvantaged students and students with disabilities. Revises provisions relating to the duration of grants. Provides that: (1) only institutions that have received such a grant before enactment of this Act shall be eligible to receive one additional continuation grant of not more than five years; and (2 all other institutions may receive only a single five-year grant. Revises provisions for training and resource centers to provide that their improvement of materials used in cooperative education programs shall take place in conjunction with other specified activities. Title IX: Postsecondary Improvement Programs - Revises provisions for the Fund for the Improvement of Postsecondary Education (FIPSE). Repeals consultation provisions which prohibit any FIPSE grant or contract unless it has been submitted to the appropriate State entity and that entity has had an opportunity to submit comments and recommendations to the Secretary. Specifies that the Secretary appoints the Director of the National Board of FIPSE. Revises Board functions and repeals a requirement for a minimum number of Board meetings annually. Eliminates provisions requiring the Director to establish grant and contract review and evaluation procedures, and prohibiting such procedures from being subject to any review outside of officials responsible for FIPSE administration. Extends the authorization of appropriations for the FIPSE program. Revises and renames the Minority Science and Engineering Programs the Minority Science Improvement Program. Repeals a requirement tht the Secretary submit to the Congress an annual list of grantees. Directs the Secretary in cooperation with the heads of other Federal departments and agencies that operate programs similar to the Minority Science Improvement Program, to report to the President before 1995, summarizing and evaluating those programs. Repeals provisions for Science and Engineering Access Programs. Requires grant recipients, in order to remain eligible to receive funds, to demonstrate to the Secretary that they are making reasonable progress toward achieving the project goals. Repeals specified provisions: (1) relating to Procedures for grant and contract review; and (2) for the Advisory Board for the Minority Science and Engineering Improvement Programs. Extends the authorization of appropriations for the Minority Science Improvement Program. (Eliminates provisions allocating funds and providing an additional appropriation for new activities specifically aimed at increasing the participation of minority students in scientific and engineering research careers.) Revises and renames the Innovative Projects for Community Services and Student Financial Independence programs the Innovative Projects for Community Services, to support innovative projects to encourage student participation in community service projects, including literacy projects. Provides that the Secretary (rather than the FIPSE Board Director) shall establish the procedures under which the FIPSE Board approves Innovative Projects grant and contract applications. Extends the authorization of appropriations for Innovative Projects for Community Services (and increases the amount of such funding to reflect the incorporation of certain functions of the Student Literacy Corps eliminated by this Act). Title X: Partnerships for Economic Development and Urban Community Service - Repeals the Partnerships for Economic Development and Community Service program. Title XI: General Provisions - Revises the definition of institution of higher education. Requires such institutions, in order to be eligible to participate in HEA programs, to comply with such minimum State licensing standards as the Secretary may prescribe by regulation and which the relevant State licensing body is to impose upon institutions it licenses. Revises the alternative accreditation process. Authorizes the Secretary, if a particular category of institutions is not accredited because no nationally recognized accrediting agency or association is qualified to do so, to appoint an advisory committee to: (1) recommend standards to qualify institutions in such category to participate in HEA programs; and (2) review whether particular institutions meet such standards. Requires an institution, if it is accredited by more than one accrediting body, to designate, for HEA eligibility purposes, one such body as it primary accreditor, on either an institutionwide or program basis. Deems such an institution no longer accredited for purposes of HEA eligibility for a 24-month period if its accreditation is terminated for cause by the primary accreditor, or if it withdraws from such accreditation voluntarily under a show cause or suspension order, unless such accreditation is restored by the same accreditor during such 24-month period. Revises provisions relating to treatment of territories and territorial student assistance. Changes from mandatory to discretionary the Secretary's authority to waive the eligibility criteria of any postsecondary education program administered by the Department of Education where such criteria does not take into account the unique circumstances of specified U.S. territories. Eliminates provisions for: (1) promulgation of certain regulations; and (2) an authorization of appropriations for supporting the cost of providing postsecondary education programs on Guam for nonresident students from specified U.S. territories. Extends the authorization for the continued existence of the National Advisory Committee on Accreditation and Institutional Eligibility. Revises provisions for peer review of applications to authorize the Secretary to use up to one-half of one percent of appropriations, for discretionay grants, contracts, or cooperative agreements to provide for the panels of readers required to review the applications for such grants, contracts, and agreements. Provides for sharing of institutional eligibility information by the Secretary, guaranty agencies, accrediting agencies, and State licensing bodies. Makes ineligible for any HEA assistance any individual who is in default on any loan made, insured, or guaranteed by the Federal Government, unless satisfactory repayment arrangements are made. Repeals provisions for: (1) a Joint Study Commission on Postsecondary Institutional Recognition; and (2) regional technology transfer centers. Title XII: Effective Dates - Sets forth effective dates for various provisions of this Act.
Bill· SS. 1242 (102nd)referred
United States · United States Congress · 6 June 1991
Amends the Congressional Budget Act of 1974 to require any concurrent resolution on the budget that contains reconciliation directives relating to required changes in total budget authority amounts and revenue amounts to specify the amounts by which the statutory limit on the public debt is to be changed and to include this directive in the reconciliation legislation reported for the particular fiscal year. Declares it out of order in the Senate, with limited exception, to consider legislation that increases the public debt limit during a fiscal year above the level set forth in the concurrent resolution on the budget for that fiscal year.
Bill· SS. 1234 (102nd)referred
United States · United States Congress · 6 June 1991
Amends the Internal Revenue Code to allow a tax credit for a three-year credit period for a percentage of the investment in acid rain control property installed to comply with sulfur dioxide emission limitations under the Clean Air Act. Allows the use of tax-exempt facility bonds to finance acid rain control property. Allows a business credit for a percentage of the expenditures paid or incurred for coal cleaning minerals used to remove or reduce the sulfur content of coal. Excludes from gross income the value of clean air allowances allocated to the taxpayer under the Clean Air Act. Allows a 60-month amortization of acid rain control property.
Bill· SS. 1229 (102nd)referred
United States · United States Congress · 6 June 1991
Small Employer Health Insurance Incentive Act of 1991 - Exempts small employer purchasing groups organized for the purpose of obtaining health insurance for employer members from State insurance mandates, State taxes on premiums, and State laws relating to managed care. Amends the Internal Revenue Code to allow self-employed individuals participating in small employer purchasing groups an itemized deduction of 100 percent for health insurance costs (25 percent for nonparticipants). Makes such deduction permanent law.
Bill· SS. 1244 (102nd)referred
United States · United States Congress · 6 June 1991
Amends the Internal Revenue Code to provide that the exclusion from gross income for the working condition fringe benefit includes employer-provided parking on or near a location from which the employee commutes to work by mass transportation, by vanpool, or by carpool.
Bill· SS. 1236 (102nd)referred
United States · United States Congress · 6 June 1991
Amends the Internal Revenue Code to allow tax-exempt bond financing for storage tank facilities used to store oil or petroleum products in connection with a Regional Petroleum Reserve. Requires the owner of such facility to irrevocably elect not to claim a deduction for depreciation or for an accelerated cost recovery system or a tax credit. Exempts such facilities from the volume cap on private activity bonds and from the limitations on the use of bond proceeds for land acquisition.
Bill· SS. 1243 (102nd)referred
United States · United States Congress · 6 June 1991
Promotion of Democracy and Respect for Human Rights in Guatemala Act of 1991 - Prohibits the provision of unobligated military assistance and all military assistance for FY 1992 and 1993 to Guatemala until the President reports to the Congress that: (1) the Government of Guatemala has conducted investigations and prosecutions of those responsible for specified murders; (2) military harassment and assassinations with respect to human rights activists have ceased and such activists may freely carry out activities; (3) respect for rights of certain freedoms and political pluralism have increased; (4) internationally recognized workers' rights have been extended to Guatemalan workers; (5) the Guatemalan Government is prosecuting members of the police force who are responsible for murders and disappearances of street children; and (6) the Guatemalan Government has put an end to the practice of forced civil patrol duty. Provides that unobligated economic support fund (ESF) assistance and ESF assistance for FY 1992 and 1993, development assistance, and assistance under the Agricultural Trade Development and Assistance Act of 1954 for Guatemala may be used only by civilian agencies and nongovernmental organizations and shall be limited to assistance for: (1) the Guatemalan human rights ombudsman; (2) programs that address poverty and basic human needs; (3) fiscal administration; (4) the National Reconciliation Commission; and (5) the improvement of the performance of democratic institutions or the promotion of political pluralism. Prohibits the use of such assistance for partisan political purposes or as an instrument of counterinsurgency. Makes restrictions on the use of such assistance inapplicable if the President reports to the Congress that the Guatemalan Government has: (1) conducted investigations and prosecutions of those responsible for the murders and mistreatment of named individuals; and (2) made substantial progress towards a fiscally responsible tax policy and improved fiscal administration. Expresses the sense of the Congress that the President should encourage other nations to cease the provision of military assistance to Guatemala until conditions under this Act have been met. Requires the President to report biennially to specified congressional committees on: (1) countries, companies, and individuals engaged in the sale or export of military equipment to the Guatemalan Government; and (2) the nature and type of such equipment.
Bill· SS. 1239 (102nd)referred
United States · United States Congress · 6 June 1991
Aircraft Industry Jobs Preservation Act of 1991 - Amends the Internal Revenue Code to repeal the luxury excise tax on aircraft.
Bill· SS. 1235 (102nd)referred
United States · United States Congress · 6 June 1991
Amends the Internal Revenue Code to make storage tank equipment used in connection with a Regional Petroleum Reserve eligible for the investment tax credit as energy property.
Bill· HRH.R. 2571 (102nd)open
United States · United States Congress · 6 June 1991
Family Preservation Act of 1991 - Title I: Child Welfare Services - Amends part B (Child Welfare Services) of title IV of the Social Security Act to convert the Child Welfare program from an authorization to a capped entitlement program. Requires maintenance of State effort under such program. Sets forth a new formula for allotments to States under such program. Repeals provisions for incentive payments to States which maintain a foster care inventory, information system, and case review system, but requires States to provide such protections and other services designed to keep families together or reunify them, or to place children for adoption, with a legal guardian, or in some other planned, permanent living arrangement. Requires States to submit the following types of reports on child welfare services and expenditures: (1) pre-expenditure reports; (2) post-expenditure reports; and (3) comparative financial contributions reports. Reserves funds for entitlement grants to States to plan for and provide child welfare services designed to strengthen and preserve families. Requires use of part of such funds to develop or expand specialized child welfare services programs, for families in crisis due to substance abuse, that: (1) emphasize comprehensive services geared to the whole family; and (2) support or expand availability of programs for pregnant women and programs that allow mothers (and other caretaker relatives) to reside with their children while receiving services or treatment. Requires uses of the remaining part of such funds to develop or expand: (1) service programs to help children, where appropriate, return to families from which they have been removed, or be placed for adoption, with a legal guardian, or in some other planned, permanent living arrangement; (2) preplacement preventive services programs to help children at risk of foster care placement remain with their families; or (3) service programs for follow-up care for families to whom a child has been returned after a foster care placement. Reserves funds for grants to State court systems to assess and improve procedures in child welfare cases, in carrying out the Child Welfare Services program and part E (Foster Care and Adoption Assistance) of title IV of the Social Security Act. Sets forth application requirements and formulas for determining the amount of such grants for FY 1993 through 1997. Directs the Secretary of Health and Human Services (Secretary) to submit interim and final reports to the Congress on the information obtained from assessments conducted with such grants and the impact of such grant program on State court procedures and functions. Requires each State to compile annually a detailed directory of programs designed to keep families together or reunify them or place children permanently, identifying which of such programs provides specialized child welfare services to families in crisis due to substance abuse. Title II: Foster Care and Adoption Assistance - Amends title IV (Grants to States for Aid and Services to Needy Families with Children and for Child Welfare Services) of the Social Security Act to add a new part C, Comprehensive Service Projects to grant States flexibility and resources to develop comprehensive and coordinated services designed to: (1) preserve and strengthen families with children at risk of placement outside their homes; (2) reunite children with their families expeditiously if an out-of-home placement is found to be necessary; and (3) place children in adoptive homes or other permanent arrangements in a timely fashion if reunification with their families is not appropriate. Permits any State to apply to the Secretary for permission to: (1) conduct a comprehensive service project in a selected area or areas; and (2) suspend certain child welfare services and foster care and adoption assistance requirements with respect to State activities in such area or areas during the project. Sets forth application requirements and administrative provisions for such projects. Prohibits the Secretary of HHS from requiring as a condition of approval of a project application: (1) the State to select any area or areas in which to conduct the project; or (2) the project to comply with any requirements not specified in the project authorization. Sets forth those requirements with which such a project must comply. Provides for determining the expenses for which a State might properly seek reimbursement, for purposes of calculating such grant amount. Authorizes the Secretary to increase such grant amount, to the extent appropriate, by taking specified factors into account. Sets forth requirements for notification to States of grant amounts, and for grant payments in equal quarterly installments. Prohibits a State from carrying out such a project in a manner that impairs the entitlement of any child to the foster care benefits he or she would have received if the Secretary had approved the State plan for the fiscal year and had not authorized the State to conduct such a project. Deems a State to have in effect an approved foster care and adoption assistance plan during the period in which it conducts such a project for purposes of a State plan requirements under part A (Aid to Families with Dependent Children) of title IV of the Social Security Act. Requires States to report annually on funds expended under such projects to the Secretary and the Advisory Commission on Children and Families. Provides for project termination. Requires a State to discontinue the project at the end of a fiscal year: (1) if it has notified the Secretary that it intends to do so; or (2) if the Secretary has determined that the State is not conducting the project in accordance with requirements and is not making satisfactory progress toward achieving the State plans. Applies Federal child welfare and foster care and adoption assistance requirements with respect to the population of and the State activities in the project area or areas upon such project discontinuance. Prohibits a State from conducting another such project for five years after project discontinuance. Amends part E (Foster Care and Adoption Assistance) of title IV of the Social Security Act to eliminate means tests and reduce certain reimbursement rates. Expands eligibility for foster care maintenance payments in certain cases. Covers respite care for foster parents with children who have special needs. Expands the definition of children with special needs, for purposes of the adoption assistance program, to include: (1) those children for whom information is known and available about their genetic or social history indicating a high risk of medical conditions or physical, mental or emotional handicaps (which makes, it reasonable to conclude they cannot be placed for adoption without providing part E adoption assistance or Medicaid medical assistance under title XIX (Grants to States for Medical Assistance Programs) of the Social Security Act; and (2) those children that have been adopted and have a medical condition, or a mental, physical, or emotional handicap that either existed before the adoption but was not diagnosed until afterwards or first manifests itself after the adoption but is congenital or was caused beforehand. Includes relatives (as well as foster parents) who are prospective adoptive parents and with whom the child has significant emotional ties while in their care for purposes of an exception to the requirement that an effort be made to place special needs children with appropriate adoptive parents without providing adoption assistance or Medicaid assistance. Requires each States to submit to the Secretary the factors and conditions it uses to identify children with special needs, for purposes of the adoption assistance program, and any modifications to such factors and conditions. Directs the Secretary to establish an Advisory Committee on Foster Care Placement to study and report to the Secretary and the Congress on the implementation of specified requirements, under State plans for foster care and adoption assistance, that reasonable efforts be made: (1) prior to placement of a child in a foster home, to prevent or eliminate the need for removal of the child from the child's home; and (2) to make it possible for the child to return to the child's home. Provides Federal coverage of 90 percent of State costs in developing and installing statewide mechanized data collection and information retrieval systems which: (1) the Secretary determines are likely to enhance the administration of such programs; (2) are capable of interfacing with the State data collection system for information on child abuse and neglect; and (3) meet other specified requirements. Covers 50 percent of State costs for operation of such systems. Provides that all State expenditures for development, installation, and operation of such systems shall be treated as necessary for proper and efficient administration of the State plan, without regard as to whether the systems may be used with respect to children other than those on behalf of whom payments may be made for foster care maintenance or adoption assistance. Reduces, after three years, from 90 to 50 percent the Federal matching payment for development and installation of such systems. Defers a deadline for implementation of automated systems until one year after certain regulations are promulgated. Directs the Secretary to establish a work group, including representatives of specified organizations to advise on planning and implementation of the system to be used for collection of data relating to adoption and foster care in the United States. Requires the State plan to provide for: (1) a triennial review of the amounts paid as foster care maintenance payments and adoption assistance to assure their continuing appropriateness; and (2) a report to the Secretary on the results. Requires that the dispositional hearing to determine the final status of a foster child occur within 12 months of his or her original placement, rather than the current 18 months. Revises the time frame for judicial determinations on voluntary placements. Sets forth case plan requirements for placement of children in out-of-State foster care, including a finding that the child needs services not available in the State. Requires annual review, with the child present, of the status of children in out-of-State foster care placements. Requires States to collect data on the numbers of children in out-of-State foster care placements. Requires a State, in order to receive payments for expenditures after FY 1993 for foster care maintenance payments made with respect to a child placed in foster care outside the State, to conduct and submit a study to the Secretary by the end of such fiscal year, identifying the number and common characteristics of such children and the reason why they were not placed in foster care in the State. Eliminates the ceilings on Federal foster care payments to States and the States' authority to transfer unused foster care funds to the Child Welfare Services program. Directs the Secretary to: (1) establish an advisory committee; and (2) issue final regulations for training of staff of agencies responsible for administering foster care and adoption assistance programs and for training of foster and adoptive parents. Requires such committee to include representatives of public agencies and private nonprofit organizations with an interest in child welfare. Directs the Secretary to annually publish information, on a State-by-State basis, on expenditures for, and the operation of, the Child Welfare Services program, the Foster Care and Adoption Assistance program, and Comprehensive Service Projects. Amends title IV of the Social Security Act to add a new part G, Child Welfare Review System. Directs the Secretary to establish such system to: (1) review each State child welfare program to assess whether the requirements of such Act are being carried out; (2) impose financial penalties in cases of substantial failure to comply; and (3) provide technical assistance to any such program. Requires the Secretary to complete such a review for each State program once every three years. Sets forth provisions relating to effects of noncompliance, suspension of financial penalties, and administrative and judicial review. Requires that all State child welfare programs be reviewed at least once by the end of FY 1996. Prohibits the Secretary from reducing or withholding any payment or seeking any repayment from any State under part B or E by reason of a determination made in connection with specified reviews or audits for certain periods. Title III: Emergency Assistance - Amends part A (Aid to Families with Dependent Children) (AFDC) of title IV of the Social Security Act to require States to provide emergency assistance to needy families with children, including services designed to prevent homelessness. Title IV: Social Services Block Grant - Amends title XX (Block Grants to States for Social Services) of the Social Security Act to authorize increased appropriations under such program for FY 1992 and 1993 and thereafter. Title V: Research, Demonstration, and Evaluation Activities - Amends part A (General Provisions) of title XI (General Provisions and Professional Standards Review) of the Social Security Act to require the Director of the Office of Technology Assessment (OTA) to establish an Advisory Commission on Children and Families (the Commission). Requires the Commission to collect and assess specified types of information in order to identify cost-effective approaches to protect and enhance the physical, mental, emotional, and financial well-being of children and their families. Directs OTA to report annually to the Congress on the Commission and its assessment. Requires the Commission to conduct, through contracts with independent research organizations, the following research and evaluation projects: (1) an evaluation of child welfare service programs, including intensive family preservation programs; (2) foster care evaluations; (3) longitudinal child welfare data bases, and studies of child welfare population dynamics; and (4) comprehensive service projects evaluations. Directs the Secretary to conduct the following research and evaluations: (1) a study (under contract with an independent research organization) to assess the prevalence and nature of risks to the safety of employees of child welfare systems; and (2) a three-year study (under contract with an organization with demonstrated appropriate experience) to examine methodologies for measuring the workloads of providers of child welfare services and community mental health services. Directs the Secretary to authorize the following types of child welfare demonstration projects: (1) abandoned infants permanent placement; (2) termination of parental rights; (3) child welfare worker training in U.S. areas that border on Mexico; (4) staff recruitment and retention; and (5) joint training for staff of child welfare, mental health, and juvenile justice agencies. Directs the Secretary to provide technical assistance to States for: (1) interpreting and implementing parts B, C, and E; (2) disseminating information on innovative child welfare agencies; (3) correcting problems identified through Federal audits and reviews and carrying out corrective action plans under part E; (4) implementing the foster care and adoption data collection system; and (5) addressing other matters identified by such Secretary. Title VI: Credit for Certain Adoption Expenses - Amends the Internal Revenue Code to allow an income tax credit for certain expenses related to the adoption of a child with special needs.
Bill· HRH.R. 2566 (102nd)referred
United States · United States Congress · 6 June 1991
Federal Aid Surface Transportation Act of 1991 - Title I: Federal-Aid Highway Act of 1991 - Federal-Aid Highway Act of 1991 - Authorizes appropriations out of the Highway Account of the Highway Trust Fund (HTF) for: (1) the National Highway and Bridge System; (2) the Urban and Rural Highway and Bridge Program; (3) emergency relief; (4) the Federal Lands Highway Program; (5) the University Transportation Centers Program; (6) the Right-of-Way Revolving Fund; and (7) the Territorial Highway Program. Specifies that unobligated balances of funds apportioned or allocated to a State under Federal highway provisions before October 1, 1991, shall be available for obligation in such State under the law, regulations, policies, and procedures relating to the obligation and expenditure of those funds in effect on September 30, 1991. Repeals the FY 1993 authorization under the Federal-Aid Highway Act of 1956. Authorizes appropriations for Interstate construction to complete the Interstate System out of the Highway Account of the HTF for each of FY 1992 through 1995. Provides for certain allocations for Massachusetts for such fiscal years. Sets forth a formula for the apportionment of authorized funds for such fiscal years among the States. Authorizes appropriations out of the Highway Account of the HTF for highway projects for the Interstate Substitution Program. Sets forth provisions with respect to obligation ceilings for Federal-aid highway programs, distribution of and limitations on obligation authority, and redistribution of unused obligation authority. Declares that national resources should be focused upon preserving the nation's investment in its Interstate systems, that broad national defense, economic, safety, and international policy goals are advanced by efficient transportation systems, that national transportation investments should increasingly encourage domestic and international commerce and trade, and that, based on congressionally established national transportation policy and objectives, a new Federal high priority highway network should be designated. Establishes the National Highway and Bridge System, to consist of all currently designated Interstate highways, an appropriate portion of the rural and urban principal arterial routes, including toll facilities, and national defense highways, and routes which meet specified criteria (including nationally significant truck routes, routes that provide nationally significant commodities with access to markets, access points to significant national parks, facilities that will provide logical connection between major population centers and the National Highway and Bridge System, and major urban corridors). Specifies that the National Highway System shall be based on a functional reclassification of roads and streets in each State which shall be designated not later than September 30, 1993, in accordance with guidelines issued by the Secretary of Transportation, and that the Secretary may add segments to the National Highway System as necessary to meet National Highway Program objectives. Directs the Secretary to establish criteria for reviewing projects to be funded as part of the National Highway and Bridge System which: (1) define eligible projects to include rehabilitation, resurfacing, restoration, capacity expansion, operational improvement, safety, and new highway construction; (2) ensure as a first priority for the use of available funds the protection of investments made in the Interstate highways in each State and the provision of suitable traveling quality by such highways; (3) permit funding in urbanized areas to be used to improve highway and transit systems, where it can be shown that the improvement will increase the level of service within the corridor of the National Highway and Bridge System; and (4) permit the use of such funds for intercity rail projects and projects for access to ports, airports, and related facilities. Sets forth additional provisions with respect to the discharge of responsibilities by the Secretary for National Highway and Bridge System projects. Directs the Secretary to establish an Urban and Rural Highway and Bridge Program to provide a category of funds that minimizes Federal requirements and provides flexibility in the use of available funds for either highway or transit projects. Specifies: (1) that the Urban and Rural Highway and Bridge Program shall consist of all public highways (including bridges) functionally classified as arterials, urban collectors, and rural collectors other than those designated as part of the National Highway and Bridge System; (2) that each State shall establish guidelines for implementing this program; and (3) eligible highways and projects. Sets forth provisions with respect to the obligation of funds, and the Federal share of projects, for the construction of toll roads, bridges, tunnels, and ferries. Requires the Secretary, in each fiscal year, to allocate among the States amounts sufficient to ensure that: (1) the total of apportionments and minimum allocation for each State in each such fiscal year shall not be less than 90 percent (currently, 85 percent) of the percentage of estimated tax payments into the Highway Account of the HTF attributable to highway users in the State of total apportionments in each such fiscal year and allocations for the prior year; and (2) each State's total apportionment from the Highway Account of the HTF for the year is not less than that made during FY 1991 (excluding any Interstate construction funds in excess of FY 1992 one-half percent minimum, Interstate substitution, and amounts for demonstration or discretionary funding programs or projects). Directs the Secretary to cooperate with State and local officials in urbanized areas in the development of transportation plans and programs which are formulated with due consideration to comprehensive long-range land use plans, development objectives, innovative financing mechanisms, overall social, economic, environmental, and system performance, energy conservation goals and objectives and with due consideration to their probable effect on the future development of the area. Specifies that the transportation planning process, at a minimum, shall cover the existing urbanized area and the area expected to become urbanized within the forecast period, and that it may encompass the entire Metropolitan Statistical Area/Consolidated Metropolitan Statistical Area at the discretion of the Governor and the affected units of local government. Requires that transportation plans and programs in urbanized areas of more than 200,000 population be based on a continuing transportation planning process which: (1) is carried out by a metropolitan planning organization and is comprehensive to the degree appropriate based on the complexity of transportation problems in the area, including transportation-related air quality problems; and (2) considers all modes of transportation, including intermodal connectivity, the balance between future development and transportation needs, and an areawide multimodal congestion management system. Specifies that in nonattainment areas for transportation-related pollutants the multimodal congestion management system shall address air quality considerations and be coordinated with the process for development of the transportation element of the State Implementation Plan required by the Clean Air Act. Requires that the costs and impacts of proposed action on both mobility and air quality be evaluated. Bars the Secretary from approving any highway project in urbanized areas of more than 200,000 population that by reconstruction or new construction significantly increases the vehicle carrying capacity of a transportation corridor unless the project is consistent with the congestion management system. Directs the metropolitan planning organization to cooperate with the State in the development of a congestion management, bridge management, pavement management, safety management, and traffic monitoring system. Requires that: (1) a metropolitan planning organization be designated in each urbanized area by agreement among the units of general purpose local government and the Governor to carry out such transportation planning process; (2) such organization develop a transportation improvement program that includes all projects proposed for funding within the study area under the National Highway and Bridge Program, the Urban and Rural Highway and Bridge Program, and the Bridge Program; and (3) in urbanized areas of 200,000 population or less, such organization, the State, and transit operators, at a minimum, meet the requirements of this Act by the development of such a transportation improvement program (including consideration of transportation-related air quality problems.) Requires the Federal highway research program to include coordinated long-term programs of research: (1) on Intelligent Vehicle Highway Systems; and (2) for the development, use, and dissemination of performance indicators to measure the performance of the surface transportation system. Requires such program to continue those portions of the Strategic Highway Research Program that the Secretary deems important. Directs the Secretary to create and administer the Dwight David Eisenhower Transportation Fellowship Program, a program to attract qualified students to the field of transportation engineering and research. Provides for the funding of such program. Directs the Secretary to cooperate with the States in carrying out: (1) statewide transportation planning; and (2) State highway research. Sets forth provisions regarding State matching fund requirements and waiver of such requirements. Directs the Secretary: (1) in the Secretary's reports regarding future highway needs of the nation, to report as well on the condition and performance of the existing system and on the bridge needs of the nation; and (2) beginning with the report due in January 1995, to include the results of studies of the air quality impacts of transportation programs including the air quality benefits realized from transportation control measures required under the Clear Air Act. Establishes within the Department of Transportation a Bureau of Transportation Statistics, which shall pursue a comprehensive, long-term program for the collection and analysis of data relating to the performance of the national transportation system. Requires the Director of such Bureau to: (1) produce annually unbiased and comparable estimates of factors including productivity in the various portions of the transportation sector, traffic flow, travel times, travel costs of intracity commuting and intercity trips, frequency of vehicle and transportation facility repairs, accidents, and collateral damage to the human and natural environment; and (2) submit reports beginning on October 1, 1992, and every 12 months thereafter, to specified congressional committees describing the status of the U.S. transportation system. Authorizes the Secretary to: (1) undertake, on a cost-shared basis, collaborative research and development with non-Federal entities, including State, local, and foreign governments; and (2) enter into cooperative research and development agreements, except that the average Federal share in such agreements shall not exceed 50 percent (but allows the Secretary to approve a higher Federal level of participation where there is substantial public interest or benefit). Authorizes the Secretary to withhold project approvals on National Highway and Bridge Program projects for failure of a State to have a bridge management, pavement management, safety management, and congestion management system. Requires each State to have a traffic monitoring system to provide statistically-based traffic data. Sets forth provisions regarding: (1) acquisition of rights-of-way; (2) private, State, and local donations; (3) access to rights-of-way to accommodate needed passenger or commuter rail, high speed ground transportation systems (including magnetic levitation systems), and highway and nonhighway public mass transit facilities; and (4) the definition and scope of the Interstate System. Declares that: (1) the nation must redirect its efforts toward moving people, information, and goods rather than moving vehicles; (2) the new Federal program shall refocus national policies to respond to increasing inter-regional travel, relieving urban congestion, improving rural access, fostering intermodalism, enhancing air quality, conserving energy, and giving priority to projects that offer the best solutions to the transportation problems and environmental considerations of each region; and (3) the essential element for an effective future program is a new Federal, State, and local partnership that provides more funding, greater program flexibility, and greater program management and resource contribution responsibilities at the State and local levels. Sets forth provisions with respect to the apportionment of funds, including apportionment formulas under the: (1) National Highway and Bridge Program, based on the State's rural and urban lane miles, rural vehicle miles traveled, and diesel fuel consumption; and (2) Urban and Rural Highway and Bridge Program, in the ratio of tax payments of the Highway Account of the HTF attributable to the highway users of each State. Sets forth provisions with respect to: (1) project agreements and obligations of funds; (2) availability of funds; (3) the Federal share payable with respect to certain projects; (4) project litigation expenses; and (5) the allocation and administration of Federal lands highways funds, and the establishment of a coordinated Federal Lands Highways Program. Authorizes (subject to specified limitations): (1) States to use Federal highway funds to construct improved lanes, paths, or shoulders, traffic control devices, shelters, and parking facilities for bicycles and pedestrians, and carry out nonconstruction projects related to safe bicycle and pedestrian use; (2) the Secretary, where a highway bridge deck being replaced or rehabilitated with Federal financial participation is located on a highway on which bicycles or pedestrians are permitted to operate at each end of the bridge and the Secretary determines that the safe accommodation of bicycles or pedestrians can be provided at reasonable cost, to replace or rehabilitate such bridge, making such accommodations; (3) Federal lands highways funds to be used for the construction of pedestrian walkways and bicycle routes; and (4) a State to expend Urban and Rural Highway and Bridge Program funds for such construction. Provides for: (1) a functional reclassification of all public roads; (2) the transfer of funds for transit projects to, for administration by, the Urban Mass Transportation Administration; and (3) a recodification of Federal highway-related provisions. Requires that construction standards adopted for the National Highway and Bridge System be those approved by the Secretary in cooperation with the State highway departments and the American Association of State Highway and Transportation Officials (currently, with respect to construction standards for the Interstate System, cooperation with such Association is not required). Directs the Secretary to issue guidelines for minimizing soil erosion from highway construction. Bars the Secretary from approving projects that will result in the severance or destruction of an existing major route for nonmotorized transportation traffic and light motorcycles, unless the project provides a reasonable alternative route or an alternative route exists. Requires: (1) projects for resurfacing, restoring, or rehabilitating specified highways to be constructed in accordance with standards to preserve and extend highway service life and enhance highway safety; and (2) States to charge, at a minimum, fair market value for the sale, use, lease, or lease renewals of right-of-way airspace acquired as a result of a project funded in whole or in part with Federal assistance made available from the Highway Account of the HTF, with exceptions. Provides that: (1) Indian contractors certified by State transportation or highway departments shall receive preference in the award of contracts on Indian reservations to the maximum extent practicable; and (2) contracts for Urban and Rural Highway and Bridge Program projects may be entered into with the prior concurrence of the Secretary in the award. Authorizes: (1) the State transportation or highway department to include warranty or guarantee provisions in construction contracts which, if used, shall be for a specified construction product or feature and may not include routine maintenance; and (2) projects (currently, requires projects) approved to include the amount of any interest earned and payable on bonds issued by the State to the extent that the proceeds of the bonds have actually been expended in the construction of the project. Authorizes the Secretary, except for projects administered under the Urban and Rural Highway and Bridge Program, to make payments to a State for costs incurred on a project. (Current law authorizes payment to States for construction.) Specifies that total payments shall not exceed total costs incurred by the State for the project. Requires any State transportation or highway (currently, highway) department which submits plans for a National Highway and Bridge Program or Interstate System project (currently, Interstate System project) to make its certification and report, indicating that consideration was given to the economic, social, environmental, and other effects of the plan, highway location or design, and various alternatives which were raised during the hearing or which were otherwise considered (current law does not mention the latter requirement). Authorizes the Secretary to approve for Federal financial assistance from National Highway and Bridge Program funds: (1) projects designed to encourage the use of carpools, subject to specified limitations; and (2) the construction of exclusive or preferential high occupacy vehicle (HOV) lanes, highway traffic control devices, intercity and urban bus passenger loading areas and facilities, and fringe and transportation corridor parking to serve HOV, intercity bus, and public transportation passengers. Specifies that if fees are charged for the use of any carpool or other publicly owned parking facility constructed pursuant to Federal highway provisions, the revenue in excess of that required for maintenance and operation of the facility and the cost of providing shuttle service to and from the facility including compensation to any person for operating the facility and for providing shuttle service shall be used for purposes authorized under Federal highway provisions. Requires that National Highway and Bridge System funds be made available to finance the Federal share of projects for exclusive or preferential HOV, truck, and emergency vehicle routes or lanes. Permits such routes on the Interstate System to have less than four lanes of traffic. Prohibits the approval of HOV projects unless the Secretary has received assurances from the owner or operator of the facility that HOV vehicles will fully utilize the proposed project and that essential operations and enforcement support of the facility will be provided. Specifies that, in any case where sufficient land exists within the publicly acquired rights-of-way of the National Highway System to accommodate needed nonhighway public mass transit facilities and where the accommodation can be accomplished without impairing automotive safety or future highway improvements, the Secretary may authorize a State to make those lands and rights-of-way available without charge to a publicly owned mass transit authority for such purposes wherever the public interest will be served. Directs the Secretary to require assurance from any State desiring to avail itself of benefits under Federal highway provisions that employment in connection with proposed projects be provided without discrimination based on race, color, religion, national origin, age, disability, or sex (currently, specifies "without regard to race, color, creed, national origin, or sex"). Requires that not to exceed one fourth of one percent of the funds apportioned to a State be available for highway construction training. Prohibits discrimination on the basis of sex under programs or activities receiving Federal assistance. Repeals a requirement that each State certify that it is enforcing all speed limits on public highways and that the Secretary not approve projects in States failing to make such certification. Requires each State to establish a procedure to certify that highway bridge inspectors meet national qualifications. (Current law requires that standards established by the Secretary include a procedure for national certification of such inspectors.) Directs the Secretary to withhold ten percent of the amount to be appropriated to any State on the first day of each fiscal year in which the purchase or public possession in that State of any alcoholic beverage by a person who is less than 21 years of age is lawful (current law specifies five percent on the first day of the fiscal year succeeding the first fiscal year beginning after September 30, 1985, and ten percent after the second fiscal year beginning after such date). Specifies that funds withheld from apportionment shall be apportioned to the other States in compliance and remain available for the period of time applicable to the category of funds withheld (currently, treatment of such funds varies based on whether funds were withheld on or before September 30, 1988). Directs that construction estimated to cost $50,000 (currently, $15,000) or more per mile or per project for projects with a length of less than one mile on forest development roads and trails be advertised and let to contract, and allows projects with less than such cost, if no acceptable bid is received, to be done by the Secretary of Agriculture. Repeals provisions under the Territorial Highway Program: (1) that Federal financial assistance be granted on the basis of a Federal contribution of 100 percent of the cost of any project; and (2) under which the Governor must agree not to impose any toll, or permit any such toll to be charged, for use by vehicles or persons of any portion of the facilities constructed or operated to qualify for funding. Provides that, in addition to a specified percentage, sums provided (currently, two percent) for each fiscal year may be expended upon request of the Governor with the Secretary's approval under such Program. Requires (currently, authorizes the Secretary to make) expenditures with respect to the reconstruction of the Alaska-Canada international highway. Authorizes the Secretary to give priority of approval to, and expedite the construction of, projects that are recommended as important to the national defense. Modifies provisions regarding the National Highway Institute to: (1) require that private agencies and individuals pay the full cost of any education and training received by them; and (2) authorize the Institute to engage in all phases of contract authority for training purposes authorized under Federal highway provisions and to carry out its authority independently or in cooperation with any other branch of Government, authority, association, or person. Authorizes the Institute to establish and collect fees from any entity and place them in a special account.
Bill· HRH.R. 2579 (102nd)referred
United States · United States Congress · 6 June 1991
Smith-Wyden Rural Health Care Improvement Act of 1991 - Title I: Tax Provisions - Amends the Internal Revenue Code to allow a tax credit for family practice physicians, nurse practitioners, and certified physicians' assistants who serve in rural and medically underserved areas. Allows such individuals a tax deduction for education loan interest. Title II: Other Provisions - Amends the Public Health Service Act to authorize appropriations for FY 1992 for area health education centers. Deems physicians or other licensed health care practitioners employed in federally-funded migrant health centers, community health centers, and centers to provide health services to the homeless as Public Health Service employees for purposes of liability claims of medical malpractice. Requires such health entities to have implemented appropriate policies and procedures to assure against malpractice.
Bill· HRH.R. 2581 (102nd)referred
United States · United States Congress · 6 June 1991
Aircraft Industry Jobs Preservation Act of 1991 - Amends the Internal Revenue Code to repeal the luxury excise tax on aircraft.
Bill· HRH.R. 2573 (102nd)referred
United States · United States Congress · 6 June 1991
Amends the Internal Revenue Code with respect to special rules for determining capital gains and losses to specify that C corporations are not eligible for the rules applicable to real property subdivided for sale by a taxpayer, thus making S corporations (small business corporations) eligible for such rules.
Resolution· HRESH.Res. 169 (102nd)passed
United States · United States Congress · 6 June 1991
Sets forth the rule for the consideration of H.R. 2038 (intelligence activities funding).
Resolution· HRESH.Res. 170 (102nd)passed
United States · United States Congress · 6 June 1991
Sets forth the rule for the consideration of H.R. 2508 (foreign assistance programs).
Bill· SS. 1227 (102nd)open
United States · United States Congress · 5 June 1991
HealthAmerica: Affordable Health Care for All Americans Act - HealthAmerica Act - Title I: Amendments to Public Health Service Act - Amends the Public Health Service Act to create a new title on basic health benefits for employees and their families. Requires each employer, with regard to each of its full-time employees and their families, and allows an employer, with regard to all of its part-time employees and their families, to: (1) enroll them in a health benefit plan under provisions of this Act; or (2) make a contribution for coverage of the employees and their families under the public health insurance plan added by this Act to the Social Security Act. Requires employers making a contribution to follow prescribed procedures to facilitate enrollment of its employees, including distributing and submitting enrollment forms and withholding and submitting payroll deductions. Requires, beginning seven years after enactment of this Act, that an individual seeking benefits under a Federal program certify possession of health insurance meeting minimum standards under this Act. Conditions claiming of a personal exemption deduction under the Internal Revenue Code on the individual filer certifying coverage meeting such standards. Title II: Requirements for Health Benefit Plans - Allows, except for provisions of title III of this Act relating to small and medium-sized business insurance, an employer to meet the requirements of this title through any health benefit plan. Exempts, in certain circumstances, employers in the State of Hawaii from the requirements of this title so long as the Hawaii Prepaid Health Care Act remains in effect. Requires that enrollment of an employee include enrollment of the employee's family and prohibits waiver of enrollment of the employee or the employee's family, subject to exception to avoid duplicate enrollment. Permits variations in premiums, deductibles, copayments, and coinsurance which are actuarially equivalent to the requirements in certain provisions of this title. Establishes an Advisory Board to develop actuarial equivalency standards and to deal with other matters concerning the administration of this title. Sets forth general requirements for plan coverage, including, subject to certain limitations, inpatient and outpatient hospital care, inpatient and outpatient physician services, diagnostic tests, prenatal and well-baby care, preventive services (limited to well child care, pap smears, and mammograms), and inpatient and outpatient mental disorder care. Prohibits limitations on the amount, scope, and duration of certain benefits. Allows such limitations on specified other benefits. Allows a plan to: (1) provide benefits through managed care systems; (2) select particular providers or types, classes, or categories of providers; and (3) establish different levels of payment for different providers. Allows an employer to establish a fee schedule or other basis for payment different from charges, provided the payment is sufficient to achieve adequate access to plan services without additional out-of-pocket expenses, but for permitted copayments and deductibles. Requires inpatient mental health care to include payment for professional services by a physician or a licensed or certified clinical psychologist. Requires plan coverage to include outpatient services by a licensed or certified clinical psychologist or a provider with training and education equivalent to a licensed clinical social worker. Mandates reports to the Congress regarding: (1) possible changes to the preventive services covered; and (2) the cost-effectiveness and desirability of coverage of colorectal cancer, prostate cancer, and osteoporosis screening and of coverage of outpatient prescription drugs. Specifies when plan coverage must begin in various circumstances. Prohibits preexisting condition limitations or exclusions. Allows a part-time employee who is charged an increased premium under specified provisions of this Act to waive enrollment. Requires the employer, in such case, to pay, under title V of this Act, the minimum amount the employer would have paid toward coverage if the employee had not waived enrollment. Requires continuation of employee or family coverage during a period of hospitalization. Permits a plan to require an enrollee to pay premiums, deductibles, copayments, and coinsurance amounts, subject in each case to certain limits. Limits out-of-pocket expenses. Mandates administration of certain requirements and standards of this title by the State agency designated by the State's chief executive officer. Requires certain notice to the employee, including plan contents, the availability of premium and cost-sharing subsidies, and employer failure to make premium payments. Provides for establishment of model plan language. Requires each plan to designate an individual to answer questions on the plan. Requires the State administering authority to assist employees regarding their rights under the plans. Provides for review of denied claims. Allows an employer to offer a nonmanaged care plan as well as a managed care plan. Allows an employee, if no unmanaged plan is offered, to use nonparticipating providers. Allows a plan to provide for cost-sharing of up to 200 percent of the normal or minimum plan if nonparticipating providers are used. Provides for a civil monetary penalty on an employer, up to a specified percentage of all wages paid by the employer for the year, for failure to comply with specified provisions of this Act. Requires penalties collected to be credited to the public health insurance plan established by this Act. Makes an employer that knowingly does not comply with specified provisions of this Act liable for damages, including health care costs, to the employee or the family of the employee. Allows the employee or family to bring a civil action to recover damages. Title III: Special Assistance for Small and Medium Sized Businesses - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to declare that certain provisions of ERISA supersede any State law relating to benefits under title II of this Act. Includes benefit plans under that title in the ERISA definitions of "employee welfare benefit plan" and "welfare plan." Subtitle A: Reform of Small Group Insurance - Amends the Public Health Service Act to create a new part, and amends (using similar language) the Social Security Act to create a new title, on group health insurance standards. Prohibits issuing a health benefit plan in a State, or offering a new contract under such a plan with respect to a small employer (defined as having fewer than 100 employees), unless the plan meets certain standards under this Act. Provides for: (1) complaints by individuals and entities respecting potential violations of certain requirements of this subtitle; (2) investigations and related procedures; and (3) enforcement, including cease and desist orders, civil monetary penalties, and orders to take other corrective action. Requires penalties collected to be credited to the AmeriCare Trust Fund. (Provides, in the amendments to the Social Security Act, but not in the amendments to the Public Health Service Act, for imposition on a carrier that is not in compliance with provisions of this subtitle of an excise tax, as provided in subtitle B of this title.) Directs the Secretary to request the National Association of Insurance Commissioners (NAIC) to develop a model Act and model regulations to implement requirements of this subtitle. Requires establishment of a toll-free telephone number to: (1) handle consumer complaints or inquiries; and (2) provide information to small employers and consumers about carriers that offer plans in the area. Mandates periodic audits of State regulatory programs by the Comptroller General to determine compliance with provisions of this subtitle. Sets forth transitional provisions applicable only to plans offered to small employers during the first four years after the effective date of these provisions, including: (1) allowing, in certain circumstances, preexisting condition exclusion; and (2) requiring making available equivalent coverage during any waiting period before the individual may be covered by the plan. Requires carriers offering a plan to small employers to: (1) register with State regulatory authorities; and (2) offer the same plan to any other small employer in the community. Allows: (1) health maintenance organizations (HMOs) to have geographic and size limitations; and (2) carriers to require participation by a minimum percentage of employees. Requires, at the option of the business, plan renewability under the same terms as for issuance, except for rates and administrative changes. Regulates rate changes. Requires premiums for plans offered to small employers to be based on a single cohesive rating system applied consistently for all small employer groups and designed not to treat groups, after the fourth year after enactment of this Act, differently based on health status or risk status. Requires the lowest rate for plans with similar benefits within a block of business to be the same for all small employers. Limits the percentage by which the premium rate for the most expensive block of business may exceed the rate for the least expensive block of business. Allows limited variation in premium rates for: (1) different age and gender groups; and (2) employers who elect, under provisions of this Act, reimbursement under title XVIII (Medicare) of the Social Security Act. Requires plans offered to small employers to permit enrollment and compute premiums based on four specified beneficiary classes. Requires plans offered to small employers to: (1) cover all basic health services specified in title II of this Act; and (2) not impose cost-sharing in excess of that permitted by title II (with regard to the amendments to the Public Health Service Act) or in excess of that permitted by the Social Security Act, as amended by title VI of this Act (with regard to the amendments to the Social Security Act.) Requires the carrier, except HMOs, to offer to the small employer a plan that only provides basic services and maximum cost-sharing. Requires a carrier (other than an HMO or a reinsurance carrier) which offers a managed care plan to an employer that is not a small employer to make a managed care plan available to small employers in the same community. Requires the NAIC to develop a model to standardize benefits offered to small employers to promote consumer understanding and comparison among plans. Requires each carrier offering a plan to small employers under subtitle E (relating to payment for services at Medicare rates) of this title to offer the employer the option of having payment at rates no higher than the rates established by title II of this Act (with regard to the amendments to the Public Health Service Act) or by title XVIII (Medicare) of the Social Security Act (with regard to the amendments to the Social Security Act). Applies, with regard to an employer who elects such option, the limits on charges that may be made under Medicare to individuals receiving benefits under the plan. (Applies, with regard to the amendments to the Social Security Act, the sanctions imposed under Medicare and title XI (general provisions and peer review) of the Social Security Act to violations of these limits.) Requires the NAIC to develop models of legislation for the enactment of health insurance policy reinsurance systems for use by States, including plans offered to small employers. Specifies three models which must be included. Requires any system enacted to provide for an adjustment in reinsurance premiums charged to HMOs that takes into account specified factors. Subtitle B: Tax Equity for Small and Medium-Sized Business - Amends the Internal Revenue Code to allow self-employed individuals to take a deduction for 100 percent of the cost of health insurance coverage for the individual and the individual's family under subtitle A of this title or under AmeriCare. (Current law allows a deduction of 25 percent of the cost of health insurance coverage.) Provides for a deduction for certain group health plan contributions for the benefit of self-employed individuals. Imposes an excise tax on an entity's violation of the Social Security Act, as amended by subtitle A of this title. Subtitle C: Opportunity for Voluntary Provision of Coverage - Prohibits requiring a medium-sized employer (defined as having between 25 and 100 employees) to provide a health benefit plan under title II of this Act or make a contribution under title V of this Act until the fifth calendar year after enactment of this Act. Ties application to medium-sized employers of the requirement to provide coverage or make a contribution to the number of uninsured employees of all such employers, during or after those four years, as compared to the number of such employees when this Act is enacted. Delays application to small employers of the requirement to provide coverage or make a contribution until the sixth calendar year after enactment of this Act. Ties application of the requirement to the change in the number of uninsured employees of small employers in the first five years. Subtitle D: Small Business Tax Credit - Amends the Internal Revenue Code to allow an eligible small business (defined as having no more than 60 employees) a tax credit for a percentage of health plan expenses. Reduces the percentage as the number of employees increases and as the expanded profit ratio increases. Subtitle E: Additional Assistance to Small and Medium-Sized Businesses - Makes businesses with fewer than 100 employees that did not provide coverage in the year before enactment of this Act eligible to buy private coverage from a small or medium-sized business insurer under which health service providers are paid at rules based on Medicare rates. Allows a small employer that employs fewer than 25 employees and that has been an employer for not more than three years to: (1) not provide coverage or make a contribution for the first two years of being an employer; and (2) make a contribution at one-half the normal rate. Establishes a small and medium-sized business advisory committee. Authorizes appropriations. Title IV: Reducing Health Care Cost Inflation - Subtitle A: Outcomes Research and Practice Guideline Development and Dissemination - Amends the Public Health Service Act to require the Administrator for Health Care Policy and Research to: (1) develop an initial set of guidelines for at least three clinical treatments or conditions that account for a significant portion of national health expenditures, have a significant variation in treatment, or otherwise meet specified needs and priorities; and (2) develop outcomes research and practice parameters for mental health services, including regarding childhood attention deficit disorders and manic depression. Amends the Social Security Act to increase the authorization of appropriations to carry out provisions relating to research on outcomes of health care services and procedures. Modifies the percentages which are, during FY 1993 and 1994, to be appropriated from the Federal Supplementary Medical Insurance Trust Fund. Subtitle B: Federal Health Expenditure Board - Amends the Public Health Service Act to establish as an independent agency in the executive branch the Federal Health Expenditure Board. Amends the Public Health Service Act and, using similar language, the Social Security Act to require the Board to take specified actions, including: (1) developing national health care expenditure, access, and quality goals; (2) convening and overseeing negotiations between providers and purchasers to develop payment rates regarding those expenditure goals; (3) establishing recommended payment levels and other recommended measures; (4) developing State and regional goals; (5) establishing uniform billing and claim forms and mandatory reporting requirements; and (6) recommending rates, budgets, and other measures. Mandates that the Board require negotiations regarding physician and hospital care. Allows the Board to require negotiations concerning other health care sectors. Declares that the Board shall determine which individuals, organizations, and institutions are eligible for representation by negotiators. Sets forth procedures and requirements regarding approval of an organization or individual as a negotiator. Sets forth requirements regarding payment systems adopted for hospitals or physicians. Requires the Board, when negotiators for a sector fail to reach an agreement, to promulgate regulations recommending advisory rates and other matters to achieve the goals. Allows, with regard to the amendments to the Public Health Service Act, purchasers and providers to combine for the purpose of agreeing to pay or charge at the recommended rates. Allows, with regard to the amendments to the Social Security Act, purchasers to combine for such purpose. Makes a provider assessing or a purchaser paying rates other than those required: (1) ineligible for any assistance under the Public Health Service Act (with regard to the amendments to the Public Health Service Act) or for any assistance under the Social Security Act (with regard to the amendments to the Social Security Act); and (2) liable to the United States for a civil monetary penalty. Provides for temporary injunctive relief. Requires the Board to promulgate regulations recommending nonbinding rates for all Federal programs that reimburse providers on a fee, charge, or cost basis or charge third-party providers on such basis. Exempts from that requirement: (1) with regard to the amendments to the Public Health Service Act, programs under titles XVIII (Medicare), XIX (Medicaid), or XXI (AmeriCare) of the Social Security Act; and (2) with regard to the amendments to the Social Security Act, programs under such title XVIII. Prohibits, through the fifth fiscal year after enactment of these provisions, Federal payments from rising as a result of such rates. Allows a State consortium, with the approval of the Board, to establish an alternative payment system, rates and methods for achieving Board goals. Requires the Board to establish a system of uniform billing and reporting to enable the Board to determine the progress in meeting the goals, enable providers and purchasers to provide and obtain efficiently provided care, and reduce administrative costs of the health care system. Directs the Secretary to develop and implement methodologies that will measure the effectiveness of the health care service provided by health care providers. Amends Federal law to add members of the Board to the list of positions paid at levels III and IV of the Executive Schedule. Amends the Social Security Act to require the Board to make recommendations regarding hospital and physician services, including modifications of the prospective payment system and the physician payment system. Prohibits, through the fifth fiscal year after enactment of these provisions, the recommendations from increasing Federal payments. Subtitle C: State Purchasing Consortia - Amends the Public Health Service Act to mandate establishment in each State of a consortium open to all providers and purchasers of health insurance and health care in the State. Directs the Secretary of Health and Human Services to make a grant to each State for establishment and initial operation of the consortium. Amends the Public Health Service Act and, using similar language, the Social Security Act to set forth the mandatory consortium functions, including: (1) enrolling all small share health insurance companies in the State as consortium members; (2) establishing a claim payment fund and payment procedures, with the fund to be capitalized through public and private contributions and assessments by the consortium on such enrollees; (3) developing and using uniform billing and claim forms and procedures consistent with subtitle B of this title; and (4) attempting to reduce administrative costs and burdens on enrollees and providers through specified measures. Lists optional consortium functions, including: (1) permitting insurers with a large market share in a State to participate in the consortium; and (2) convening negotiations with providers, purchasers, and others on service availability, coverage and reimbursement levels, and claim submission and payment procedures. Exempts such negotiations, if authorized by the State, from Federal anti-trust laws. Declares that the Consumer Product Safety Act and other Federal consumer protection laws apply to the mandatory consortium functions. Allows States to enter into an agreement for the establishment of a regional consortium. Declares that a State that fails to comply with the requirements regarding consortia shall be ineligible: (1) with regard to the amendments to the Public Health Service Act, to receive assistance under that Act; and (2) with regard to the amendments to the Social Security Act, to receive payments to States under provisions of that Act, as amended by title VI of this Act. Amends the Public Health Service Act to authorize appropriations to carry out provisions relating to the consortia. Subtitle D: Cost Control Grant Program - Amends the Public Health Service Act to authorize grants and contracts for the development, demonstration, and evaluation of innovative methods for reducing health care costs. Provides for the establishment of a clearinghouse and other activities to disseminate information on successful health care cost control methods. Authorizes appropriations. Subtitle E: Malpractice Reform - Authorizes grants to States for programs for medical malpractice reforms. Requires programs receiving grants to include alternative dispute resolution methods. Allows the programs to include medical practice guidelines. Requires a grant to be either: (1) a planning grant, for up to two years; or (2) an operational grant, for up to five years. Authorizes appropriations. Provides for the collection and analysis of data and issues related to: (1) ineffective or unnecessary testing; (2) the occurrence of malpractice and malpractice awards; (3) licensing and disciplining; and (4) malpractice insurance. Authorizes appropriations. Subtitle F: Reducing the Administrative Cost of Assuring Appropriate Utilization of Health Care Services and Improving the Quality of Health Care Services - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to contract with the quality improvement board in each State to review the quality of health care provided by professionals and institutions in the State and to establish mechanisms to encourage continuous quality improvement. Amends the Public Health Service Act and, using similar language, the Social Security Act to set forth board duties, including: (1) adopting practice guidelines and quality improvement guidelines; (2) recommending continuous quality improvement measures; (3) reviewing provider performance, with the board allowed to certify a provider as an outstanding provider; and (4) data collection. Prohibits a plan from: (1) denying payment for any service performed or ordered by a provider certified as outstanding; and (2) denying coverage on the basis that the service is not medically necessary. Authorizes planning grants to facilitate the establishment of a board in each State. Authorizes appropriations. Subtitle G: Use of Practice Guidelines in Federal Health Insurance and Service Programs - Requires that clinical guidelines developed under existing provisions of the Public Health Service Act relating to the Forum for Quality and Effectiveness in Health Care be used in Federal health insurance programs as utilization review screens and as practice guidelines in Federal programs providing health care services. Subtitle H: National Standards for the Promotion of Managed Care - Amends the Public Health Service Act to prohibit any State law or regulation from: (1) prohibiting a managed care plan from selecting providers, or the type of providers, as the participating providers; or (2) limiting the ability of a managed care entity to negotiate, make contracts or establish alternative rates or forms of payment for participating providers, or require or provide incentives to promote the use of participating providers. Allows, notwithstanding any State law, an entity to offer utilization review services, provided certain procedures are established. Makes the applicable State regulatory authority (or, in certain circumstances, the Secretary of Health and Human Services) responsible for certifying, for the Public Health Service Act and the Social Security Act, whether a plan is a managed care plan. Prohibits making amounts available to a State under the Public Health Service Act unless the State is in compliance with this requirement. Deems a State, unless the State's chief executive officer otherwise indicates, to have elected to comply. Limits State regulation of certain actions by managed care plans. Provides for the establishment of Federal standards for utilization review programs of health benefit plans. Preempts inconsistent State laws or regulations. Subtitle I: Expansion of Technology Assessment - Requires the Administrator for Health Care Policy and Research to focus on expanding and applying assessments of existing health care technologies, to be achieved in part through an evaluation of services provided to individuals through publicly and privately funded sources. Mandates a program of contracts and cooperative agreements for the establishment of public-private partnerships to undertake technology assessment and related activities in the private sector. Title V: Contribution by Employers Not Providing Private Health Coverage - Amends the Internal Revenue Code to provide for the percentage of wages which must be paid by employers who elect, under provisions of this Act, to pay a contribution rather than provide a health benefit plan covering their employees. Provides for setting, by the Secretary of Health and Human Services, of that percentage at a level that reflects the cost of coverage of no more than 65 percent of those employees under provisions of the Social Security Act (as amended by this Act) and at least 35 percent covered under provisions of the Public Health Service (as amended by this Act). Title VI: Assuring Provision of Health Benefits to All Americans - Amends the Social Security Act to create a new title on "AmeriCare," under which a State is required to provide basic health benefits described in this title to: (1) any child or pregnant woman without other nongovernmental health coverage by the second year after enactment of this title; (2) any employee or family member for whom an employer makes a contribution under title V of this Act by the second year after enactment of this title; and (3) any individual not covered by a plan under title II of this Act by the seventh year after enactment of this title. Sets forth other requirements on States for participation in AmeriCare. Entitles each individual not otherwise covered under a health benefit plan under title II of this Act to basic health benefits under AmeriCare. Allows each State to require that employers collect AmeriCare premiums on behalf of the employer's employees. Requires basic benefits to include inpatient and outpatient hospital care, inpatient and outpatient physician services, diagnostic tests, prenatal and well-baby care, preventive services (limited to well child care, pap smears, and mammograms), inpatient and outpatient mental disorder care, and certain items and services described under existing provisions of title XIX (Medicaid) of the Social Security Act relating to early and periodic screening, diagnosis, and treatment for children under the age of 21. Requires, subject to exception, the basic health benefits with respect to special eligibility individuals to include medical assistance in the State's plan under Medicaid. Allows a State to provide, but prohibits Federal payment for, coverage beyond basic benefits. Prohibits imposing premiums, deductibles, or other cost-sharing on an individual in an under-poverty family. Sets varying limits on premiums, deductibles, and other cost sharing for individuals in families whose income is specified percentages over the poverty line. Provides for the premium levels of employees whose employer elects, in lieu of providing a health benefit plan, to make a contribution under title V of this Act. Allows States to compute premiums separately for four specified combinations of individual, spouse, and child coverage. Limits deductibles, copayments, coinsurance, and out-of-pocket expenses. Declares ineligible for AmeriCare benefits an individual who is enrolled in a health plan under title II of this Act, except that AmeriCare is required to pay, with respect to an individual covered by a plan or whose employer makes a contribution under title V of this Act, for: (1) premiums, deductibles, and other cost-sharing for an individual in an under-poverty family; and (2) a specified percentage of premiums, deductibles, and other cost-sharing for an individual in a near-poverty family. Requires that an individual receive advanced payment of supplemental premium payments for the calendar year from AmeriCare. Disqualifies all family members from the supplemental payments if a required family income statement is not filed by a specified deadline. Requires payment under AmeriCare to be: (1) on the same basis as under title XVIII (Medicare) of the Social Security Act, adjusted by the Secretary of Health and Human Services to take into account differences between the population served under Medicare and the population served by AmeriCare or title II of this Act; (2) according to an alternative payment system provided for by a State, if the State meets in the aggregate for all health care providers in the State the requirements for national reimbursement levels described in these provisions; or (3) under Medicare rates phased-in over specified periods. Prohibits administrative or judicial review of the payment rates or rules, including adjustments, under these provisions. Allows a State to contract for the design and implementation of innovative systems of health care delivery and administrative systems that meet the standards of the AmeriCare title. Requires each State, as part of AmeriCare, to offer managed care plans, selected competitively, in which an individual eligible under AmeriCare may enroll. Directs the Secretary of Health and Human Services to establish demonstration projects to enable States that submit an approved application to implement cost management initiatives that promote the effective furnishing of care. Specifies initiatives required to be included. Allows the Secretary to provide that a State plan for AmeriCare may include payment for services described in existing provisions of title XIX (Medicaid) of the Social Security Act relating to home or community-based services. Provides for the administration of AmeriCare in each State, directly or by contract: (1) by that State; (2) at the election of the State and with the approval of the Secretary, by the Secretary; or (3) by a regional administration with other States approved by the Secretary. Provides for review of denied claims and other administrative matters. Mandates a quarterly Federal payment to each State with an approved AmeriCare plan for the Federal share of the expenditures for benefits, supplemental payments, and administrative expenses. Sets the State share of expenses at 80 percent of the State percentage under title XIX (Medicaid) of the Social Security Act during the second year after enactment of this Act and increases that percentage until 100 percent of the State medicaid percentage is reached in the seventh year after enactment. Establishes in the Treasury the AmeriCare Trust Fund consisting of such gifts and bequests as may be made and amounts credited to the Fund. Appropriates to the Fund the amounts received from: (1) contributions by employers under title V of this Act in lieu of health plan coverage; (2) AmeriCare premiums collected by employers on behalf of employees; (3) penalties collected for employment discrimination based on family status and the requirement to enroll a spouse or child; and (4) penalties collected for failure of an employer to either provide coverage or make a title V contribution. Authorizes appropriations to the Fund as required to make certain expenditures from the Fund. Authorizes and appropriates from the Fund each fiscal year a sum sufficient to carry out the purpose of the AmeriCare title, to be used for making payments to States with approved plans for benefits, supplemental payments, and administrative expenses. Requires amounts received in the Fund to be allotted to each State on the basis of amounts received in the Fund with respect to employees residing in the State. Make amounts in the Fund available, as provided in appropriations Acts, for the expenses of administering the AmeriCare title. Provides for review of AmeriCare programs by utilization and quality control peer review organizations in a similar manner as provided under title XVIII (Medicare) of the Social Security Act. Directs the Secretary of Health and Human Services to develop: (1) recommendations for the calculation of a specific Federal insurance assistance percentage applicable to coverage furnished under AmeriCare; and (2) recommendations for the creation of an emergency fund to fund certain benefits under AmeriCare in the event a State experiences changes in economic conditions or other conditions necessitating emergency funding. Mandates a reduction (by one quarter after the second year after enactment of this Act and by one half after the seventh year after enactment of this Act) in the Medicare disproportionate share adjustment percentage, subject to exception for hospitals receiving, under title VI of this Act, less that 200 percent of the reduction. Amends title XIX (Medicaid) of the Social Security Act to prohibit the provision of medical assistance under Medicaid to any individual eligible for AmeriCare. Provides for an annual increase in the Medicaid cap on payments to territories based on the percentage increase in the total Federal program costs of AmeriCare over such costs of Medicaid in the year preceding the effective date of this Act. Title VII: Development of Health Service Capacity - Amends the Public Health Service Act to mandate grants to entities that do or will meet requirements relating to migrant or community health centers to expand the availability of comprehensive primary health services in medically underserved or high impact areas. Sets forth priorities in making the grants, including that the amounts be used to provide services in areas with the greatest need and in which demand can be expected to increase after implementation of this Act. Authorizes appropriations. Title VIII: Effective Date - Sets forth the effective dates of specified provisions of this Act. Declares that, after enactment of this Act, no employer shall be required under title II of this Act to provide any health benefit in addition to the benefits required under specified provisions of title II, as in effect on the date of enactment, unless: (1) the additional benefit is for a service that AmeriCare plans are required to cover; and (2) before enactment of such requirement, the benefits and costs have been analyzed and considered by the Congress.
Bill· SS. 1220 (102nd)open
United States · United States Congress · 5 June 1991
National Energy Security Act of 1991 - Title I: Findings and Purposes - Subtitle A: Findings and Purposes - Sets forth the energy efficiency and development purposes of this Act. Subtitle B: Goals, Least-Cost Energy Strategy, and Director of Climate Protection - Enumerates the goals of this Act, including establishment in 1992 of an international framework convention on global climate change and international commitment to such convention. Requires the first National Energy Policy Plan submitted by the President to the Congress to include a least-cost energy strategy prepared by the Secretary of Energy according to specified guidelines. Directs the Secretary to appoint a Director of Climate Protection, who shall participate annually in the formulation of such strategy. Title II: Definitions - Sets forth definitions used in this Act. Title III: Corporate Average Fuel Economy - Motor Vehicle Fuel Efficiency Act of 1991 - Amends the Motor Vehicle Information and Cost Savings Act to direct the Secretary of Transportation to prescribe average fuel economy standards for passenger automobiles and light trucks manufactured in model years 1996 through 2001, and for those manufactured in model years 2002 and thereafter. Requires such Secretary to determine the maximum feasible average fuel economy achievable according to prescribed formulas for passenger automobiles, light trucks, or classes of light trucks manufactured during such model years. Provides that credits for exceeding average fuel economy standards may be transferred among manufacturers and among vehicle classes of a manufacturer. Requires the Secretary of Transportation to issue rules implementing such a credit trading system. Grants average fuel economy credits for small passenger automobiles manufactured with airbags for either driver seating position only, or for both the driver and front seat outboard seating positions. Directs the Secretary of Energy to distribute at least 100 explanatory booklets each year to every dealer and an additional number if requested. Requires the Secretary of Transportation to assess an excessive fuel consumption fee upon a manufacturer whose average fuel economy does not meet certain statutory standards. Replaces civil penalties for such non-compliance with the excessive fuel consumption fee according to prescribed guidelines. Establishes the Excessive Fuel Consumption Fund. Authorizes the Secretary of Energy to make payments from the Fund for purposes of: (1) providing financial assistance to State programs encouraging voluntary removal from the marketplace of pre-1980 model-year automobiles; and (2) funding other energy conservation programs. Requires the Secretary of the Treasury to report annually to the Congress regarding the Fund's financial condition and operations. Requires the Secretary of Energy to adopt rules necessary to review and approve State programs that qualify for financial assistance for the older vehicle scrappage program. Mandates that as a prerequisite to Federal assistance at least 50 percent of scrappage program costs be paid from non-Federal funds. Title IV: Fleets and Alternative Fuels - Subtitle A: Alternative Fuel Fleets - Sets forth a schedule according to which Federal agencies, when buying, leasing, or otherwise acquiring vehicles for a Federal fleet, must increase the percentage of alternative fuel vehicles in such fleet from ten percent in 1995 up to 90 percent in 2000 and each year following. Directs the Secretary of Energy (Secretary) to work with the Administrator of General Services and each Federal agency head to plan effective coordination of such acquisitions. Authorizes appropriations. Mandates State acquisition of alternative fuel vehicles according to the same schedule if specified circumstances prevail. Sets forth a different schedule for private and municipal fleets, rising from 30 percent in 1998 to 70 percent in 2000 and after. Provides for exemptions from such requirements in specified circumstances. Requires the Secretary to allocate credits to States or private persons for any vehicles acquired in excess of requirements. Sets forth civil penalties for violations of this subtitle. Authorizes the Secretary to request the Attorney General to bring civil actions to enforce it. Authorizes the Secretary to delegate administration and enforcement of this subtitle within any State to its Governor if a State program exists. Authorizes appropriations to provide financial assistance to States to which the Secretary delegates such authority. Subtitle B: Electric and Electric-Hybrid Vehicle Demonstration, Infrastructure, Development, and Conforming Amendments - Part A: Electric and Electric-Hybrid Vehicle Demonstration - Electric and Electric-Hybrid Vehicle Demonstration Act - Directs the Secretary to conduct a program to demonstrate electric vehicles, electric-hybrid vehicles, and their assorted equipment. Provides for solicitation and selection of proposals to negotiate up to ten cooperative agreements to receive financial assistance to conduct such demonstrations. Provides for discount payments to reimburse proposers for giving discounts to vehicle purchasers or lessees. Requires 50 percent of the costs of a cooperative agreement to be provided from non-Federal sources. Authorizes appropriations. Part B: Electric and Electric-Hybrid Vehicle Infrastructure Development - Electric Vehicle and Electric-Hybrid Infrastructure Development Act - Directs the Secretary to establish a program for the collection and dissemination of information and data which would be useful to persons seeking to manufacture, sell, lease, own or operate electric and electric-hybrid vehicles. Requires the Secretary to issue guidelines for States and local governmental entities to use in developing comprehensive infrastructure plans to support the deployment of such vehicles. Requires the Secretary to offer State Governors the opportunity to request and receive technical and financial assistance in formulating comprehensive State infrastructure plans. Directs the Secretary to undertake cooperative agreements with non-Federal persons, including fleet operators, to provide the infrastructure necessary to support the use of such vehicles. Requires at least 50 percent of costs to be provided from non-Federal sources. Authorizes appropriations. Part C: Amendment to the Alternative Motor Fuels Act - Makes conforming amendments to the Energy Policy and Conservation Act (EPCA) and the Motor Vehicle Information and Cost Savings Act. Subtitle C: Alternative Fuels - Replacement and Alternative Fuels Act of 1991 - Directs the Secretary to establish a program to promote the development and use of domestically produced replacement and alternative fuels (including liquefied petroleum gas, natural gas, "neat" alcohol, hydrogen, coal-derived liquid fuels, and electricity) to replace conventional petroleum motor fuels. Requires the Secretary to study and determine the feasibility of domestically producing enough such fuels by the year 2010 to replace at least 30 percent of the projected consumption of motor fuel in the United States for that year. Requires annual demand estimates of the number and geographic distribution and the amount of each type of alternative fuel vehicle. Requires the Secretary to obtain voluntary commitments from providers of domestic replacement and alternative fuels to produce and offer for public sale sufficient amounts of such fuels to meet demand. Requires the Secretary to: (1) notify the Congress if the amount of such fuels in any area of the United States is insufficient to meet demand; and (2) submit a plan of action to require such providers to make adequate supplies available. Authorizes appropriations. Subtitle D: Mass Transit and Training - Authorizes the Secretary of Transportation to enter into cooperative agreements and joint ventures with local or regional transit authorities in urban areas of over 100,000 population to demonstrate the feasibility and safety of using natural gas or other alterative fuels for mass transit. Mandates that as a prerequisite to such a cooperative agreement or joint venture at least 25 percent of the demonstration costs be borne by the local or regional transit authority. Authorizes the Secretary to grant priority to any entity that demonstrates that the use of alternative fuels for mass transit would have a significant effect on the ability of an air quality region to comply with regulations governing ambient air quality. Authorizes appropriations. Directs the Secretary of the Department of Labor to implement a technician training and certification program for the vehicle installation of equipment that converts gasoline or diesel-fueled vehicles to run solely on alternative fuels. Authorizes appropriations. Title V: Renewable Energy - Subtitle A: CORECT and COEECT - Amends the EPCA to name certain interagency working groups the Committee on Renewable Energy Commerce and Trade (CORECT) and the Committee on Energy Efficiency Commerce and Trade (COEECT). Requires: (1) CORECT to promote the development and application in lesser-developed countries of renewable energy resource products and technologies that promote the use of hybrid fossil-renewable energy systems; (2) COEECT to promote the development and application in such countries of energy efficiency resource products and technologies; and (3) both to provide in-country technical training and financial assistance. Authorizes CORECT and COEECT to establish renewable energy and energy efficiency industry outreach offices in the Pacific Rim and in the Caribbean Basin. Requires the Secretary to report biennially to the Congress on the range of energy efficiency and renewable energy technologies available to meet the energy needs of developing countries. Authorizes appropriations. Subtitle B: Renewable Energy Initiatives - Amends the Renewable Energy and Energy Efficiency Technology Competitiveness Act of 1989 (REEETCA) to direct the Secretary to solicit proposals and provide financial assistance for joint ventures with respect to: (1) oil and diesel fuel displacement using specified renewable energy sources; and (2) training individuals from developing countries in the United States in the operation and maintenance of renewable energy equipment and of energy efficiency equipment. Authorizes appropriations. Directs the Secretary to solicit proposals and provide financial assistance for at least one joint venture for a utility-scale photovoltaic project of at least ten megawatts. Amends REEETCA to direct the Secretary to enter into buy-down agreements with private lenders to pay the Federal share of the interest on loans to certain qualified borrowers to finance the manufacture, construction, or acquisition of equipment that principally utilizes a renewable energy technology. Authorizes appropriations. Directs the Secretary to report to certain congressional committees an evaluation of opportunities to minimize waste from processes in the U.S. industries. Establishes certain facilities and equipment located at Keahole Point, Hawaii as the Spark M. Matsunaga Renewable Energy and Ocean Technology Center to carry out research, development, and technology transfer activities on solar and renewable energy, energy storage, and related matters. Authorizes appropriations. Directs the Secretary to establish: (1) a program to reward outstanding achievements in specified renewable energy technologies with awards of up to $5,000,000; and (2) a milestone for technical achievement for the year 2010 for each such technology. Authorizes appropriations. Subtitle C: Hydropower - Amends the Federal Power Act to eliminate certain mandatory conditioning powers of Federal land mangers with respect to Government dams. Requires the Federal Energy Regulatory Commission (FERC) to give hydroelectric license applicants earliest practicable notice of studies that will be required to accompany a license application. Provides for a single consolidated review of project licensing under the National Environmental Protection Act of 1969 (NEPA). Makes FERC the lead agency for NEPA compliance activities associated with hydroelectric licensing. Grants States exclusive authority to license hydropower projects of five megawatts or less, under certain conditions. Requires the Secretary to study and report to certain congressional committees on cost-effective opportunities to increase hydropower production at existing federally-owned or -operated water regulations, storage, and conveyance facilities. Authorizes appropriations. Directs the Secretary of the Interior to study and implement water use efficiency measures at Federal reclamation projects in order to increase hydropower production, make more efficient use of project power, and provide more water for fish and wildlife. Removes Federal licensing jurisdiction over: (1) hydroelectric projects on fresh waters in Hawaii; and (2) two specified hydroelectric projects in Alaska. Extends the time for project development for two specified hydropower projects in Arkansas. Title VI: Energy Efficiency - Subtitle A: Industrial, Commercial and Residential - Amends the Energy Conservation and Production Act (ECPA) to require the Secretary of Energy to issue a Federal building code to assure that all new Federal buildings and buildings receiving Federal mortgages include energy efficiency measures that are technologically feasible and economically justified. Requires the Secretary to support the upgrading of an industry voluntary building energy code for new residential and commercial buildings. Directs the Secretary to provide incentive funding to States which adopt building energy codes at least as stringent as those of the industry voluntary building codes. Authorizes appropriations. Amends the National Energy Conservation Policy Act (NECPA) to direct the Secretary to issue voluntary guidelines for use by States, local organizations and others to develop energy rating systems for residential buildings. Requires the Secretary to provide technical assistance to State and local organizations to encourage adoption of residential energy efficiency rating systems based on such guidelines. Amends the Cranston-Gonzalez National Affordable Housing Act to provide for notifying homebuyers of the availability of energy efficient mortgages providing financial incentives for the purchase of energy efficient homes at the time of mortgage application. Requires the Secretary to assess the energy performance of manufactured housing and make recommendations to the National Commission on Manufactured Housing about thermal insulation and technically feasible and economically justified energy efficiency improvements applicable to such housing. Requires the Commission to make its own recommendations to the Secretary of Housing and Urban Development. Requires the Secretary of Energy to test the performance and cost-effectiveness of manufactured housing built to established energy efficiency standards. Directs the Secretary to pursue a research and development program and a joint venture program to improve efficiency in energy-intensive industries and industrial processes. Authorizes appropriations. Requires the Secretary to make triennial reports to the Congress evaluating energy efficiency policy options and their potential to decrease overall U.S. energy use and oil consumption per unit of GNP. Directs the Secretary to establish voluntary guidelines for the conduct of energy audits and the installation of insulation to achieve cost-effective increases in energy efficiency in industrial facilities. Authorizes appropriations for a program of education and technical assistance to promote the use of such guidelines. Requires the Secretary to provide financial and technical assistance to support the voluntary development of a national window rating program to establish energy efficiency ratings for windows and window systems. Authorizes appropriations. Directs the Administrator of the Energy Information Administration to expand the scope and frequency of data collection under the National Energy Information System in order to improve the ability to evaluate the effectiveness of energy efficiency policies and programs. Directs the Secretary to provide financial and technical assistance to support voluntary development of a national energy efficiency rating program for lamps and luminaires. Directs the Federal Trade Commission to prescribe labeling rules for them. Authorizes appropriations. Adds lamps, commercial air conditioning and heating equipment, and utility distribution transformers to the appliance efficiency program. Requires the Secretary to study and report to the Congress on the practicability and cost-effectiveness of upgrading utility distribution transformers at the time of their routine maintenance. Directs: (1) the Secretary to support the development of a voluntary labeling system for commercial office equipment; or (2) the Federal Trade Commission to develop such a program if one is not developed voluntarily within two years. Authorizes appropriations. Amends EPCA to establish a specified standard for showerheads manufactured after July 1, 1992, unless the American National Standards Institute (ANSI) publishes a different standard before March 1, 1992, in which case the ANSI standard shall apply. Preempts State and local showerhead flow rate standards and labeling requirements. Subtitle B: Federal Energy Management - Amends NECPA to prescribe energy management requirements for energy conservation and efficiency in Federal buildings. Directs the Administrator of the General Services Administration: (1) to conduct an analysis of significant energy consuming products in the Federal Supply Schedule; and (2) to develop a method to identify products which offer cost-effective opportunities to reduce energy consumption and costs. Requires the Administrator of the General Services Administration to consider fuel efficiency and cost savings when evaluating bids for the purchase of passenger vehicles and light trucks. Directs the Secretary to report to the Congress on: (1) the funding of Federal energy efficiency projects; and (2) a biennially updated demonstration plan for energy efficiency and renewable energy technologies in federally-owned facilities. Authorizes appropriations. Directs the Secretary to establish a financial bonus program, not to exceed $5,000 per award, to reward facility energy managers for outstanding energy savings in Federal agencies. Authorizes appropriations. Requires the Secretary to submit to the Congress a plan for demonstrating in Federal facilities, or by Federal agencies, energy efficiency technologies that have received Federal assistance for research and development and are now ready for commercialization. Requires the Secretary to study and report to the Congress on the potential of using Federal purchasing power to encourage the development and commercialization of new energy efficiency products. Subtitle C: Utilities - Amends the Public Utility Regulatory Policies Act of 1978 to permit State-regulated electric utilities to charge rates that will make their investments in energy efficiency and conservation measures as profitable as their investments in new facilities construction. Requires the Secretary to report to the President and the Congress on: (1) the extent to which State-regulated electric utility rates reflect least-cost planning; (2) specified effects of least-cost planning; and (3) the extent to which ratemaking methodologies implementing least-cost planning take into account the impact of such measures upon electric utilities' rate of return on investment. Prescribes guidelines for conservation grants to State regulatory authorities. Authorizes appropriations. Requires the Southwestern Power Administration and the Southeastern Power Administration (known collectively as PMAs) to consider, as a condition of any future power contract with a nonregulated utility customer, requiring such a customer to implement integrated resource planning. Requires the Tennessee Valley Authority (TVA) to employ integrated resource planning in exercising its functions. Subtitle D: Used Oil Energy Production - Amends EPCA to prescribe market incentive guidelines for the reuse of used oil. Authorizes appropriations. Requires the Secretary to report annually to the Congress on the implementation of the recycled oil program. Subtitle E: State, Local Insular, and Tribal Energy Assistance - Sets forth guidelines for Federal financial assistance to Insular Area governments for renewable energy and energy and energy efficiency measures to reduce their dependence on imported fuels. Amends EPCA to authorize the Secretary to provide up to $1,000,000 to States to capitalize a State revolving fund to undertake energy efficiency projects in State and local government buildings in those States which have demonstrated a commitment to improve building energy codes. Authorizes the Secretary to provide supplemental grants to Weatherization Program grant recipients to cover: (1) the costs of arranging private sector contributions to the program; and (2) the costs of training and education activities between program grant recipients (technical transfer grants). Authorizes appropriations. Authorizes existing State Energy Conservation Programs to use Federal funds to assist in training building designers and contractors in energy system, energy efficiency, and renewable energy technologies. Authorizes the Secretary to make competitive supplemental grants under the existing State Energy Conservation Programs to increase public understanding of energy issues or to provide teacher training in energy education. Authorizes appropriations. Authorizes the Secretary to grant financial assistance to tribal governments to plan and implement energy efficiency and renewable energy projects. Requires State Energy Conservation Plans to provide for vehicles to turn left from a one-way street into a one-way street at a red light as a condition for receipt of Federal funding. Subtitle F: LIHEAP Options Pilot Program - Energy Options Study Act of 1991 - Directs the Secretary of Health and Human Services (HHS) to study and report to the Congress on the advantages and disadvantages of using futures and options contracts for fuel as a means of protecting funds under the Low-Income Energy Assistance Act of 1981 (LIHEAP funds) from large price increases in fuels. Authorizes the Secretary to conduct: (1) a pilot program in cooperation with one or more governmental or tribal fund recipients in which the recipient uses futures and futures options in its fuel assistance program; and (2) a pilot program to educate governmental entities and consumer cooperatives on the prudent and effective use of such futures and futures options to increase their protection against unexpected fuel price surges. Authorizes appropriations. Title VII: Oil and Gas Leasing in the Arctic National Wildlife Refuge - Subtitle A: Statement of Purpose and Policy and Definitions - Declares that it is the congressional purpose to: (1) authorize competitive oil and gas leasing development on the Arctic Coastal Plain in a manner consistent with environmental and wildlife protection; and (2) provide a new funding source of energy-related projects to enhance energy security and reduce dependence on imported oil. Subtitle B: Congressional Determination of Compatibility - Declares that it is congressional policy that oil and gas activities on the Coastal Plain which are conducted with no significant adverse impact upon fish, wildlife, and the environment shall be deemed compatible with the purpose of the Arctic National Wildlife Refuge, and that no further compatibility findings by the Secretary of the Interior (the Secretary) are required under the National Wildlife Refuge System Administration Act. Subtitle C: Coastal Plain Competitive Leasing Program - Directs the Secretary to establish and implement a competitive oil and gas leasing program that will result in an environmentally sound program for Coastal Plain resources exploration, development, and production. Declares that this title is the sole authority for leasing on the Coastal Plain. Directs the Secretary to promulgate rules and regulations to implement this title. Declares that the Congress finds that the "Final Legislative Environmental Impact Statement" (April 1987) on the Coastal Plain satisfies the legal requirements under the National Environmental Policy Act of 1969. Sets forth the administrative parameters for: (1) lease sales and lease terms; (2) antitrust review by the Attorney General; (3) exploration and development and production plans; (4) plan approval; (5) bonding, surety, or other financial arrangement requirements; and (6) lease suspension and cancellation. Allows the Secretary to cancel leases in any areas of particular environmental sensitivity. Requires the Secretary's consent for lease assignments or subletting. Mandates that lessees unite to the greatest extent practicable in collectively adopting and operating under a cooperative or unit plan for oil pools and gas fields. Provides for the confidentiality of privileged or proprietary information regarding development activities which must be furnished to the Secretary. Sets forth civil and criminal penalties for violations of this title. Provides for adjudication of lease controversies. Sets forth joint, several, and strict liability for environmental damages and removal costs resulting from oil pollution or the discharge of hazardous substances. Provides for judicial review of complaints regarding regulations issued by the Secretary. Requires the Secretary to report annually to the Congress regarding the leasing program under this Act. Repeals certain limitations applicable to subsurface interests owned by the Inupiat Eskimo people. Provides for expedited judicial consideration of any claims for relief by certain Alaskan corporations. Subtitle D: Coastal Plain Environmental Protection - Directs the Secretary to promulgate environmental protection regulations which ensure that Coastal Plain activities will result in no significant adverse effect on fish and wildlife, their habitat, and the environment. Requires site-specific assessment and mitigation. Designates the Sadlerochit Spring area as a special area for wildlife conservation and environmental protection. Authorizes the Secretary to exclude such area from leasing and to designate other Coastal Plain areas as special areas requiring protection. Directs the Secretary to prepare and periodically update a facilities construction and siting plan for oil and gas development and transportation. Authorizes the Secretary to grant rights-of-way and easements across the Coastal Plain in a manner that does not adversely affect fish, wildlife, and the environment. Requires the Secretary to conduct additional studies to monitor the human, marine, and coastal environments. Directs the Secretary to promulgate regulations providing for bi-annual facility inspections for compliance with environmental and safety regulations. Provides funding for a ten-year period for environmental monitoring and enforcement on the Coastal Plain. Requires the Administrator of the Environmental Protection Agency to: (1) consult with the Department of Transportation and the State of Alaska about the State's role in monitoring and enforcing the Hazardous Materials Transportation Act; and (2) report annually to the Congress regarding the environmental monitoring activities. Subtitle E: Land Reclamation and Reclamation Liability Fund - Makes leaseholders fully responsible and liable for land reclamation within the Coastal Plain and other Federal lands adversely affected by lease activities. Requires establishment of the Coastal Plain Liability and Reclamation Fund within six months of a commercial discovery within the Coastal Plain. Directs the Secretary to collect fees based upon the crude oil volume entering the trans-Alaska pipeline. Prescribes revenue collection and expenditure procedures. Subtitle F: Disposition of Oil and Gas Revenues - Sets forth an allocation schedule for revenue distribution related to oil and gas leasing within the Arctic National Refuge, Alaska. Mandates that revenues distributed to the United States from such oil and gas leases be deposited into the Energy Security Fund. Directs the Secretary of the Treasury to make such funds directly available to the Secretary of Energy for specified energy projects transmitted to the Congress following the initial deposit of funds in the Energy Security Fund. Authorizes appropriations. Authorizes appropriations from the Energy Security Fund, for a period of five fiscal years, of up to a certain amount annually to fund high priority Arctic research projects and programs related to understanding the long- and short-term effects of energy development and production activities on the Arctic environment. Directs the Chairman of the Interagency Arctic Research Policy Committee to prepare a list of eligible projects and programs for inclusion in the President's budget. Subtitle G: Export Restrictions - Prohibits the export of crude oil produced from Coastal Plain lands except in specified circumstances. Subtitle H: Outer Continental Shelf Leasing Moratorium - Prohibits the Secretary from preparing or conducting any preleasing or leasing activity under the Outer Continental Shelf Lands Act with respect to the areas seaward from California and from New Jersey until after January 1, 2000. Title VIII: Advanced Nuclear Reactor Commercialization - Civilian Advanced Nuclear Reactor Commercialization Act of 1991 - Directs the Secretary of Energy to implement a comprehensive advanced nuclear reactor research, development, and demonstration program that will lead to commercialization of advanced reactor technologies after 1996. Requires the Secretary of Energy to submit to the Congress a detailed five-year plan to carry out such program. Directs the Secretary to conduct a program of technical and financial assistance to encourage the development and submission for certification of advanced light water reactor designs which can be certified by the Nuclear Regulatory Commission (NRC) by the end of 1995. Provides for cooperative and cost-sharing agreements with private parties seeking such certification. Requires annual progress reports to the Congress from the Secretary and the NRC. Requires the Secretary to solicit proposals to carry out the preliminary engineering design of one or more prototype advanced nuclear reactor technologies (other than an advanced light water reactor) necessary to support a decision on whether to recommend construction of a full-scale prototype demonstration using such a technology. Requires the Secretary to make a recommendation by January 31, 1996, on whether to build such a prototype demonstration reactor. Authorizes the Secretary to solicit proposals to implement such recommendation after 180 days following it submission to the Congress. Title IX: Nuclear Reactor Licensing - Nuclear Reactor Licensing Act of 1991 - Amends the Atomic Energy Act of 1954 to require the NRC to hold a hearing before granting a combined license to construct and operate a nuclear reactor. Requires a combined license to set forth all the inspections, tests, analyses, and acceptance criteria necessary to establish that the plant, once built, is safe to operate. Requires the NRC to ensure that all such requirements are satisfied. Provides for post-construction hearings on combined licenses to determine whether requirements have been met. Authorizes the NRC to allow a plant to operate under a combined license pending a post-construction hearing unless it appears unsafe to do so. Requires post-construction hearings to be informal unless the NRC determines formal proceedings are necessary to resolve factual disputes. Authorizes the NRC to amend a combined license and permit a plant to operate pending a hearing on the amended license if the amendment does not raise significant safety issues. Title X: Uranium - Subtitle A: Uranium Enrichment - Uranium Enrichment Act of 1991 - Amends the Atomic Energy Act of 1954 to repeal the existing statutory contracting requirements applicable to uranium enrichment enterprises. Establishes the United States Enrichment Corporation as a wholly-owned Government corporation to conduct uranium marketing and enrichment activities as a commercial, profitable, self-financing enterprise. Sets forth the Corporation's corporate office and powers and vests its management in an Administrator (appointed by the President with the advice and consent of the Senate). Grants the Secretary of Energy general supervision over such Administrator only with respect to national security and health and environmental concerns. Establishes a Corporate Board whose members shall be appointed by the President, and who shall advise the Administrator and the Secretary regarding Corporation matters. Prescribes guidelines for: (1) Corporation personnel; (2) certain property transfers from the Department of Energy; (3) the Corporation's capital structure; and (4) Corporation pricing policies, including user charges for decommissioning, decontamination, and remedial activities. Requires the Corporation to make annual status reports to certain congressional committees, the President, and the Secretary. Prescribes licensing and taxation guidelines for the Corporation. Sets guidelines for payments in lieu of taxes by the Corporation to States and local governments. Requires the Administrator to make recommendations to the President and the Congress by specified dates regarding the transfer of the Corporation's functions and assets to private ownership. Establishes the Uranium Enrichment Decontamination and Decommissioning Fund to cover the Corporation's decommission and decontamination expenses. Applies Federal environmental and occupational safety and health law to the Corporation as though it were privately owned. Exempts the Corporation from sequestration because the maximum deficit amount has been exceeded under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Prohibits the Corporation's total FY 1991 expenditures from exceeding its total FY 1991 receipts. Subtitle B: Uranium - Part 1: Short Title, Findings and Purpose, Definitions - Uranium Security and Tailings Reclamation Act of 1991 - Sets forth findings, purposes, and definitions of this title. Part 2: Uranium Revitalization - Directs the Corporation to establish for a minimum five-year period a voluntary overfeeding program to be made available to its enrichment services customers. ("Overfeeding" means the use of uranium in the enrichment process in excess of the amount required at the transactional tails assay, thus reducing customers' power costs). Provides that the resultant savings shall be credited to such customers. Establishes the National Strategic Uranium Reserve, consisting of 50,000,000 pounds of natural uranium, to be restricted to military purposes and Government research under the control of the Secretary. Confers continuing responsibility upon the Secretary for promotion of the domestic uranium industry, but without using any supervisory authority over the Corporation. Directs the Secretary to develop recommendations and implement Government programs promoting domestic uranium exports. Restricts all uranium purchases by Federal entities to uranium purchased from domestic producers. Exempts the TVA from such restriction. Part 3: Remedial Action for Active Processing Sites - Provides that remedial action costs such as decontamination, decommissioning, and reclamation at an active uranium or thorium processing site shall be borne by specified licensees for any activity resulting in byproduct material. Sets forth a reimbursement schedule for: (1) individual active site uranium licenses; (2) all active site uranium licensees; and (3) thorium licensees. Directs the Secretary to promulgate regulations governing such reimbursement. Authorizes appropriations. Part 4: Import of Uranium, Enriched Uranium, and Uranium Enrichment Services - Directs the United States International Trade Commission to investigate and report to the President and the Congress on whether non-market economy countries are exporting uranium, enriched uranium, or offering uranium enrichment services at prices below the cost of production or provision. Requires the President, if the investigation results are positive, to report to the Congress on what actions the Federal Government is taking to discourage or end such pricing practices. Requires the owner or operator of any civilian nuclear power reactor to report annually to the Secretary, acting through the Administrator of the Energy Information Administration, on the country of origin and the seller of any uranium, enriched uranium, or enrichment services the owner or operator has imported or purchased during the previous fiscal year. Requires such information to be made available to specified congressional committees. Directs the Secretary to encourage States and utility regulatory authorities to consider the objectives of this part, including the national need to avoid dependence on imports, when considering whether to allow electric power plant owners or operators to recover in customer rates and charges any cost of domestic uranium, enriched uranium, or enrichment services from a non-affiliated seller greater than the cost of such items from non-domestic sources. Authorizes the Secretary or the United States Enrichment Corporation to buy enriched uranium from other sources of enriched uranium at prices below, respectively, Department of Energy or Corporation production costs if such purchases are necessary to reduce production costs and maintain competitive prices. Title XI: Natural Gas - Amends the Natural Gas Act to authorize an optional certificate (OC) of public convenience and necessity procedure for the construction and operation of interstate natural gas pipelines. Directs FERC to issue OCs without a hearing if applicants are willing to accept terms and conditions attached to the certificate, including a prohibition on the recovery of OC facility costs in the rates for other facilities or services. Replaces the ordinary rate review procedure with a special complaint procedure in such instances. Requires FERC to conduct a hearing on the record about a proposed OC construction if such construction would result in the displacement of sales or transportation services being provided by a local distribution company (LDC). Amends the Natural Gas Policy Act of 1978 to authorize FERC to permit: (1) any interstate pipeline to transport natural gas; and (2) the construction of natural gas transportation facilities for interstate commerce. Outlines administrative procedures for FERC compliance with the requirements of the NEPA with respect to natural gas transportation. Requires FERC to conduct a hearing on the record about a proposed OC construction if such construction would result in the displacement of sales or transportation services being provided by an LDC. Declares that FERC issuance of a construction certificate is the only Federal action that may be considered a major Federal action requiring a detailed environmental impact statement (EIS). Requires FERC to permit contractors or consultants selected from a FERC-approved list and paid by the certificate applicant to prepare such required EISs and related documents. Sets forth administrative procedures for rates and charges, utilization of rulemaking procedures, and review of FERC orders. Declares that the formation or operation of an independent producer cooperative shall only be an illegal antitrust law violation if anticompetitive effects substantially outweigh the procompetitive effects. Declares that certain activities related to the sale and distribution of vehicular natural gas (VNG) shall not subject currently exempt entities to the jurisdiction of the Natural Gas Act. Provides that persons not otherwise public utilities may sell or transport VNG without becoming subject to the jurisdiction of State laws in effect before January 1, 1989. States that the VNG activities alone shall not subject a company to regulation under the Public Utility Holding Company Act of 1935 (PUHCA) or change the status of companies already registered as gas utility companies. Provides for streamlining of the certificate issuance procedure, especially with respect to repair and replacement facilities, unopposed applications, evidence of need, and phased consideration of need and certificate applications. Authorizes FERC to order an interstate pipeline to interconnect with a production or gathering facility, or an intrastate or OC pipeline in the production area. Authorizes FERC, after a hearing, to exempt the natural gas cost component of a pipeline's rates from regulation after finding that the pipeline provided comparable transportation service and served a competitive market. Amends the Department of Energy Organization Act to provide that general policy discussions by all members of FERC do not constitute a meeting for Sunshine Act purposes. Title XII: Outer Continental Shelf - Amends the Outer Continental Shelf Lands Act to add a new title: the "Coastal State and Community Outer Continental Shelf Impact Assistance Act". Establishes the Coastal State and Community Outer Continental Shelf Impact Assistance Fund, to be funded by a specified percentage of all new revenue attributable to an Outer Continental Shelf lease any part of which is within 200 geographical miles of the coast line. Directs the Secretary of the Interior to annually transmit impact assistance from such Fund to coastal States according to prescribed guidelines. Requires a recipient coastal State to prioritize allocation of such revenues among its subdivisions which are socially or economically impacted by Outer Continental Shelf mineral development. Directs the Secretary to report to certain congressional committees on the availability of Outer Continental Shelf areas for oil and gas leasing, development and production. Title XIII: Research, Development, Demonstration and Commercialization Activities - Directs the Secretary to: (1) establish priorities according to prescribed criteria for energy research and development and commercialization; and (2) submit to the Congress an accompanying management plan which shall be revised biennially. Requires the Secretary to implement a program: (1) promoting the development and commercialization of new and advanced natural gas utilization technologies; (2) of research and development to increase the recoverable natural gas resource base; (3) of research, development, and commercialization of specified high efficiency heat engines; (4) of research and development of oil shale; (5) of research on extracting oil from western oil shales (including, if appropriate, establishment of at least one field testing center); and (6) of research, development, and demonstration of a high-temperature superconducting electric power system. Authorizes appropriations. Amends REEETCA to repeal the authorization limitations for: (1) renewable energy research and development programs; and (2) energy efficiency research and development programs. Directs the Secretary to expand or institute programs of research, development, and demonstration for: (1) natural gas and electric heating and cooling technologies for residential and commercial buildings; (2) fusion energy that leads to electricity production after the year 2010; (3) techniques related to improving electric vehicles, electric-hybrid vehicles, and battery technology; and (4) increased economic recoverability of domestic oil resources including both advanced secondary oil recovery and tertiary oil recovery. Authorizes appropriations. Directs the Secretary to study and report to the Congress on: (1) the development potential of domestic tar sands sources; (2) the potential costs and benefits of telecommuting; (3) the potential for minimizing the volume and toxic lifetime of nuclear waste; and (4) the adequacy of current programs and plans of nuclear waste management. Authorizes appropriations. Directs the Secretary to enter into agreements with qualified entities to provide post-secondary science and mathematics education programs for low-income and first generation college students. Authorizes appropriations. Title XIV: Coal, Coal Technology, and Electricity - Subtitle A: Coal and Coal Technology - Requires the Secretary to conduct: (1) an advanced coal-based technology research and development program aimed at controlling sulfur and nitrogen oxides at greater proficiency levels (and report periodically to the Congress on the program's status); (2) a research and development program on technologies for non-fuel use of coal (after first submitting a plan to the Congress); (3) a research, development, demonstration, and commercialization program for coal refining technologies; (4) a research, development, and demonstration program for underground coal gasification technology for in-situ conversion of coal to a cleaner burning, easily transportable gaseous fuel; (5) a low-rank coal research and development program; (6) a proof-of-concept program in magnetohydrodynamics; and (7) a research, development, and demonstration program for using ultra-clean coal-water slurry in diesel locomotive engines. Requires the Secretary to submit to certain congressional committees a plan for the export of U.S. coal. Establishes the Clean Coal Technology Export Coordinating Council (Council) to: (1) expand the export and use of clean coal technologies (especially in lesser developed countries); and (2) develop a comprehensive data base and information dissemination system regarding their potential need and availability. Authorizes appropriations. Requires the Secretary to report to certain congressional committees regarding the status of technologies for combining coal with other materials. Directs the Secretary to: (1) establish a national clearinghouse for the exchange and dissemination of technical information on technology relating to coal and coal-derived fuels; and (2) study and report to the Congress on the institutional, legal, and regulatory barriers to increased use of coal combustion byproducts by potential governmental and commercial users. Authorizes appropriations. Directs the Secretary to: (1) establish a data base containing all transportation rates for specified modes of transporting domestic coal for a certain period; (2) study the rates and distribution patterns of domestic coal to determine the impact of Federal policies upon such patterns; and (3) report the data base and study results to the Congress. Subtitle B: Electricity - Declares that for purposes of the Clean Air Act certain physical or operational changes to an electric utility steam generating unit undertaken for purposes of pollution control shall not be treated as a modification if the change does not increase the maximum hourly emissions of any pollutant regulated under such Act above the maximum hourly emissions achievable at that unit during the last five years of operation before the change. Sets conditions for finding such a unit in compliance with technology requirements with respect to nitrogen oxide emissions. Requires the Secretary to study and report to the Congress on physical impediments to the transfer of excess electrical energy from regions with surplus electrical energy to regions experiencing shortages. Declares that State regulatory authorities are not required to base calculations of avoided cost, under the Public Utility Policies Act (PURPA), on the rates for or the costs of demonstration projects under the Federal clean coal technology program. Directs FERC to complete a rulemaking to establish a demonstration program for regulatory incentives to promote the development of clean coal technologies and other innovative control technologies that limit power plant emissions. Requires FERC to establish a process for negotiating with potential developers of such technology projects to agree upon cost caps for future projects and preapproval of project expenses if they fall within the agreed-upon cap. Encourages States to provide additional incentives for the implementation of clean coal technologies, and requires FERC to give priority in incentive rate treatment to units located in States with incentive programs. Requires the Secretary to report to the Congress on progress in encouraging State regulatory authorities to provide such incentives. Title XV: Public Utility Holding Company Act Reform - Defines an "exempt wholesale generator" (EWG) as a corporate entity: (1) engaged exclusively in the business of owning or operating all or part of one or more eligible facilities and selling electric energy at wholesale; and (2) exempt from corporate organizational restrictions under PUHCA. Permits registered utility holding companies, exempt utility holding companies, non-utilities, and other companies not currently subject to PUHCA to own EWGs without limitation. Declares that the Securities and Exchange Commission (SEC) shall continue to have jurisdiction over: (1) the issuance of securities by a registered utility holding company in order to finance the acquisition of an EWG; (2) the guarantee of securities of an EWG by such a holding company; and (3) service, sales and construction contracts between an EWG and such a holding company, including the creation or maintenance of any other relationship (except ownership). Prohibits FERC from approving a rate or charge for the sale of electricity by EWGs: (1) where a State commission would use the purchase of such electricity as the basis for not permitting recovery of existing capital investment by the purchasing utility (stranded investment); or (2) where the wholesale purchaser is merely a broker interposed for purposes of making an indirect sale to an industrial or other retail customer (sham wholesale transaction, also known as "cherry picking"). Declares that any rate or charge for the wholesale sale of electricity in interstate commerce by an EWG shall not be considered just and reasonable if it allows the EWG to receive undue advantage resulting from the fact that the purchaser is an affiliate or associate company of the EWG. Amends the Federal Power Act to grant State commissions in accordance with State law the authority to review the prudence of wholesale electricity purchases by utilities under their jurisdiction, except in certain instances involving allocation of power costs within registered utility holding company systems. Extends such authority even within such systems in instances involving purchase of power from EWGs. Amends PURPA to require State commissions to analyze the effects on reliability and utility purchasers of the use of leveraged capital structures by wholesale sellers of power (including EWGs) and the adequacy of fuel supplies employed by such sellers. Requires State commissions to consider reflecting the results of such analysis in approving or disapproving wholesale electricity purchases. Requires EWGs to make their books and records available to State commissions. Title XVI: Strategic Petroleum Reserve - Amends EPCA to add the Strategic Petroleum Reserve Enhancement Act of 1991. Directs the President to enlarge the Strategic Petroleum Reserve (SPR) to 1,000,000,000 barrels as rapidly as possible. Authorizes the Secretary of Energy to create a 10,000,000 barrel Defense Petroleum Inventory (DPI). Authorizes the President, acting through the Secretary, to: (1) acquire petroleum products for storage in the SPR or the DPI from foreign governments without competitive procurement; and (2) contract, without regard to certain provisions of EPCA and other Federal law, for storage in the SPR or the DPI of petroleum products owned by foreign governments.
Bill· HRH.R. 2563 (102nd)referred
United States · United States Congress · 5 June 1991
Authorizes a named individual to file a claim for credit or refund of an individual income tax overpayment for a certain tax year, notwithstanding certain time limitations.
Bill· HRH.R. 2558 (102nd)open
United States · United States Congress · 5 June 1991
Authorizes appropriations for the National Telecommunications and Information Administration.
Bill· HRH.R. 2561 (102nd)referred
United States · United States Congress · 5 June 1991
Middle Income Student Assistance Act of 1991 - Amends the Higher Education Act of 1965 to provide for student eligibility for Stafford loans without regard to an expected family contribution in the determination of need. Provides that any Stafford loan may be counted as part of the expected family contribution in the determination of need for certain other types of student assistance. Revises Pell Grant provisions relating to borrowing authority for adjustments for insufficient appropriations. Directs the Secretary of Education (the Secretary) to expend, from the next succeeding fiscal year's appropriation for Pell Grants, necessary sums to meet any insufficiencies to satisfy full Pell Grant entitlements for the preceding fiscal year. Excludes, for Pell Grant and other student assistance program need analysis, the net value of the family's principal place of residence or a farm on which the family resides. Directs the Secretary to recommend to the Congress any changes necessary to achieve an equitable assessment of income and assets after the exclusion of such assets.
Bill· HRH.R. 2560 (102nd)referred
United States · United States Congress · 5 June 1991
Provides that for purposes of determining the minimum allocation paid to a State under Federal-aid highway provisions and the amount of any other allocation or appointment of Federal-aid highway funds, the amount of taxes treated as paid into the Highway Trust Fund with respect to alternative sources of energy shall be determined as if such energy sources were taxed as gasoline.
Bill· HRH.R. 2550 (102nd)referred
United States · United States Congress · 5 June 1991
Leading Employers Into Apprentice Partnerships Act - Amends the Internal Revenue Code to provide a tax exemption for organizations administering a qualified apprenticeship education program. Allows a general business credit of 20 percent of contributions made to such programs by a business.
Resolution· HRESH.Res. 165 (102nd)passed
United States · United States Congress · 5 June 1991
Waives points of order against the consideration of H.R. 2521 (armed forces appropriations).
Resolution· HRESH.Res. 166 (102nd)passed
United States · United States Congress · 5 June 1991
Waives points of order against the consideration of H.R. 2519 (appropriations).
Bill· SS. 1204 (102nd)passed
United States · United States Congress · 4 June 1991
Surface Transportation Efficiency Act of 1991 - Title I - Part A: General Provisions - Declares that: (1) the National System of Interstate and Defense Highways is completed; (2) the principal purpose of Federal highway assistance shall henceforth be to improve the efficiency of the existing surface transportation system; and (3) it is U.S. policy to facilitate innovation and competition in transportation modes through Federal and State initiative, and to increase productivity in the transportation sector of the economy through systematic attention to costs and benefits. Authorizes appropriations out of the Highway Account of the Highway Trust Fund (HTF) for the following programs: (1) surface transportation; (2) congestion mitigation and air quality improvement; (3) bridge; (4) interstate maintenance; (5) interstate construction (but repeals the existing FY 1993 authorization and a provision regarding minimum apportionments); (6) interstate substitution; (7) Federal lands highway; (8) territorial highway; (9) national magnetic levitation design; (10) Federal Highway Administration (FHWA) research; (11) university transportation center; (12) highway use tax evasion; and (13) safety belt and motorcycle helmet use. Sets forth provisions with respect to obligation ceilings for Federal-aid highway programs, redistribution of unused obligation authority, and specified limitations. Directs the Secretary of Transportation to establish a Surface Transportation Program (STP) to fund projects including: (1) construction, restoration, and operational improvement for highways and bridges, including the seismic retrofit and painting of bridges and other elevated structures; (2) capital costs for mass transit, passenger rail, publicly owned intra- or inter-city bus terminals and facilities, and magnetic levitation systems; (3) carpool projects, and parking and bicycle facilities and programs; (4) safety improvements and programs; (5) research and development; (6) transportation control measures under the Clean Air Act (CAA); and (7) other purposes approved by the Secretary. Authorizes the use of STP funds to mitigate wetland loss related to highway construction. Requires that 75 percent of STP funds be divided, based on their relative share of the State's population, between: (1) regions consisting of areas of the State with a metropolitan statistical area (MSA) population of 250,000 or greater and areas with an urbanized population of 50,000 or greater that are in nonattainment for ozone and carbon monoxide; and (2) all other areas of the State. Authorizes the distribution of the remaining 25 percent to any area of the State. Specifies that at least eight percent of the funds apportioned to a State must be reprogrammed for transportation enhancement activities. Specifies that: (1) the Federal share for projects under the STP is 80 percent, unless funds apportioned are used to construct new facilities or expand existing facilities available primarily to single-occupant vehicles (SOVs), in which case the Federal share is 75 percent; and (2) if the State constructs a facility not available to SOVs and subsequently makes the facility available to such vehicles, the State must repay with interest the increase in the Federal share of the project. Sets forth additional administrative requirements, including the requirement that the State submit an annual certification that it will meet all the requirements of this Act. Requires the State to notify the Secretary of the amount of obligation it plans to incur for STP projects during the fiscal year. Provides for an energy conservation, congestion mitigation, and clean air bonus program. Specifies that, beginning in FY 1993, for States with one or more MSAs with a population of 250,000 or more: (1) the amount of each State's STP funds shall be reduced by a factor of .9 if the State's vehicle miles of travel (VMT) per capita is more than 110 percent of its VMT in the base year (defined as 1990 for FY 1993 through 1995, and 1995 for subsequent fiscal years) and (2) such reductions in apportionments shall be placed in a Surface Transportation Bonus Fund, to be used to increase the amount of STP funds by a factor of 1.1 for each affected State if such State's VMT per capita is less than 90 percent of its VMT per capita in the base year. Specifies that the Federal share of capital projects that add capacity available to SOVs shall be 75 percent and for all other projects including projects for high occupancy vehicles (HOVs) that permit SOV use during the off-peak periods shall be 80 percent of construction costs. Directs the Secretary to develop and make available to the States guidance on how to determine what portion of a project qualifies for an 80 percent Federal share. Repeals a provision authorizing the Secretary to approve as a project on any Federal-aid system the construction of exclusive or preferential truck lanes. Authorizes: (1) the Secretary to establish a congestion mitigation and air quality improvement program; and (2) funds under such program to be spent on projects that will contribute to attainment of air quality standards as determined by the guidance to be issued under the CAA by the Environmental Protection Agency (with exceptions), a State implementation plan under such Act, or the Secretary. Provides for the apportionment of funds to States based on their non-attainment area population, adjusted for the severity of the non-attainment problem. Specifies that the Federal/State match shall be 80/20. Makes apportionments under this Act available in nonattainment areas, with urbanized populations over 50,000 in proportion to their relative share of weighted nonattainment area population. Specifies minimum apportionments for States subject to specified air pollution control measures. Specifies that the Federal/State match to repair or replace existing bridges without increasing capacity shall be 80/20, but the match for construction of new capacity on existing bridges or construction of new bridges shall be 75/25 (currently, the match is 80/20 in such case). Makes bridge painting, seismic retrofit, and maintenance eligible uses of Federal funds. Repeals the discretionary bridge program. Directs the Secretary to: (1) develop and make available to the States criteria for determining what share of a project is attributable to the expansion of bridge capacity where the new capacity is available to SOVs; and (2) establish "level of service" criteria for the bridge program. Bars the use of interstate maintenance funds to expand the capacity of any interstate highway or bridge where such new capacity consists of one or more new travel lanes that are not HOV or auxiliary lanes. Authorizes States to transfer up to 20 percent of interstate maintenance money to the STP and larger amounts if the State can demonstrate to the Secretary that they are adequately maintaining their interstate highways. Changes the Federal/State match for interstate maintenance from 90/10 to 80/20. Authorizes the Secretary to develop and make available to the States criteria for determining the share of an interstate maintenance project that is attributable to the expansion of the capacity of an interstate highway and what constitutes adequate maintenance. Specifies that segments added to the Interstate System (IS) before January 1, 1984 shall be counted towards a State apportionment of interstate maintenance funds. Directs the Secretary to make apportionments to the States to finish outstanding projects, except that specific amounts are specified for Massachusetts. Combines the public lands highways and forest highways accounts of the current Federal Lands Program. Provides for the apportionment of funds based on the existing formula for the Forest Highway Program. Repeals the current national policy against tolls on roads built or maintained with Federal funds. Authorizes the use of Federal funds to: (1) build new toll roads at a 35/65 Federal/non-Federal cost share; and (2) convert existing non-tolled facilities to toll facilities at an 80/20 cost share. Prohibits the imposition of new tolls on the IS. Authorizes the Secretary to permit Federal participation in the construction of ferryboats and ferry approaches, subject to specified conditions. Directs the Secretary to solicit participation of State and local governments and public authorities for one or more congestion pricing pilot projects. Authorizes the Secretary to enter into cooperative agreements with up to five such State or local governments or public authorities to establish, maintain, and monitor congestion pricing projects. Specifies the Federal share (100 percent for not more than three years). Directs the Secretary to fund all development and startup costs of such projects for at least one year and thereafter until sufficient revenues are generated by the program to fund its operating costs without Federal participation. Sets forth monitoring and reporting requirements. Directs the Secretary to renegotiate specified agreements to permit the continuance of existing toll facilities without repayment of Federal funds. Requires (currently, authorizes) the designation of a metropolitan planning organization (MPO) for each urbanized area of a State of over 50,000 population within any State by agreement among the Governor and the units of general purpose local government. Requires that MPOs: (1) in existence on or before October 1, 1991 be considered so designated; and (2) that represent portions of multi-State metropolitan areas, where feasible, provide for coordinated transportation planning for the entire metropolitan area by adopting a single transportation improvement program for such area. Authorizes the Governor of any other State to enter into such agreements as necessary with the Governor of any other State to provide for comprehensive multi-State transportation planning for metropolitan areas that encompass portions of more than one State. Specifies that: (1) plans developed by an MPO shall take into account the requirements of the CAA, local land use or energy plans, and other factors, such as the need for connectivity of roads within the metropolitan area with those outside such area; and (2) the MPO shall develop a transportation improvement program that is consistent with the long range transportation plan developed by the MPO, conforms with the applicable State implementation plan developed pursuant to the CAA, and includes a priority list of projects to be carried out within three years after initial adoption of the program. Sets forth provisions with respect to the selection of projects. Increases the current Federal set-aside for metropolitan planning from .5 to one percent of Federal highway funds. Requires each State to have management systems for bridges, pavement, safety, and congestion with exceptions, and a traffic monitoring system, as well as a planning process that takes into account land use, energy requirements, transportation needs, and other factors. Requires States that contain non-attainment areas under the CAA to produce an annual State transportation plan, incorporating without amendment the provisions of any metropolitan area plan developed pursuant to this Act. Directs FHWA to conduct research on Intelligent Vehicle Highway Systems (IVHSs) and other new technologies, and develop indicators to measure the performance of the surface transportation system with respect to productivity, efficiency, energy use, air quality, and other factors. Directs the Secretary to create a Dwight D. Eisenhower transportation research fellowship program. Changes the Federal/State match for State research activities from 85/15 to 80/20. Allows States to program research funds without approval of the Department of Transportation (DOT). Establishes within DOT a Bureau of Transportation Statistics to collect, analyze, and disseminate information about the condition and performance of the entire transportation system. Specifies that such Bureau shall: (1) be headed by a Director who is appointed by the President; and (2) produce annual reports. Directs the Administrator of the FHWA to: (1) conduct fundamental chemical and physical property studies of petroleum and modified asphalts used in highway construction in the United States with the primary emphasis of prediction of pavement performance; (2) contract with a non-profit organization with demonstrated expertise in research associated in such areas to undertake the necessary technical and analytical research in coordination with existing programs; and (3) implement a test strip to demonstrate and evaluate unique energy and environmental advantages of the use of shale oil modified asphalts under extreme climate conditions. Authorizes appropriations. Sets forth reporting requirements. Establishes a National Magnetic Levitation Design Program to be managed jointly by the Secretary of DOT and the Assistant Secretary of the Army for Civil Works. Requires such officials to establish a National Maglev Joint Project Office to carry out such program and to solicit bids from the private sector to design and construct a prototype magnetic levitation system. Requires the Secretary and Assistant Secretary to develop a national strategic plan for the design and construction of a national magnetic levitation surface transportation system, which shall include consideration of other modes of high speed surface transportation, such as high speed rail. Requires the plan to be completed and transmitted to specified congressional committees within 18 months. Specifies that: (1) phase one grants shall be given to up to six applicants to develop a conceptual design for the system at a 90/10 cost share; (2) phase two grants shall be given to up to three participants to develop detailed plans at an 80/20 cost share (and a contract for construction awarded at a 75/25 cost share); and (3) the prototype shall be constructed and ready for operational testing within three years after the award of the grant, and shall be converted to commercial operation after testing is complete. Directs the Secretary, in any case where sufficient land exists within the publicly acquired rights-of-way of any highway constructed in whole or in part with Federal-aid highway funds to accommodate needed passenger or commuter high speed ground transportation (including magnetic levitation) systems and highway and non-highway public mass transit facilities, to authorize a State to make such lands and rights-of-way available without charge to a publicly or privately owned authority or company for such purposes. (Under current law, the Administrator may make such authorization to a publicly owned mass transit authority when in the public interest with respect to rights-of-way of any Federal-aid highway to accommodate needed rail or nonhighway public mass transit facilities where this can be accomplished without impairing automotive safety or future highway improvements). Grants the States a right to income from airspace rights-of-way contingent upon such States' permitting governmental use, use by public or private entities for high speed ground transportation systems, or other transit, utility use, and occupancy where such use or occupancy is necessary for an authorized transportation project, or use for transportation projects eligible for assistance, without charge. Directs the Secretary, by October 1, 1993, to update the findings of the report required by the Federal-Aid Highway Act of 1956 to determine the amount the United States could pay the States to reimburse them for segments incorporated into the IS that were constructed at non-Federal expense. Continues current law with respect to disadvantaged business enterprises. Modifies the dollar amount used to define a small business to adjust for inflation. Makes funds under Federal highway provisions available in the year in which they are apportioned or allocated and in the next three years. Requires that: (1) all STP projects be designed, constructed, operated, and maintained in accordance with applicable State requirements; and (2) the design and construction standards adopted by States for projects on principal arterials be those approved by the Secretary in cooperation with State highway departments and the American Association of State Highway and Transportation Officials. Authorizes any State to request that the Secretary no longer review and approve design and construction standards for any project other than a project on an interstate highway or other multi-land access control highways. Directs the Secretary, after receiving any such request, to undertake project review only as requested by the State, provided that such State complies with the requirements of all other applicable Federal laws and regulations. Authorizes a State highway or transportation department to establish maintenance standards for projects constructed pursuant to Federal highway provisions, subject to annual approval by the Secretary (which may not be withheld if a State is meeting its own standards for routine maintenance). Requires such department to establish the occupancy requirements of vehicles operating in HOV lanes, but requires no fewer than two occupants for such lanes. Specifies that, for purposes of this Act, motorcycles and bicycles shall not be considered SOVs and that nothing in this Act alters the requirement that each State allow the operation of motorcycles in HOV lanes unless the State certifies that such operation would create a safety hazard. Requires a State to repay all Federal funds for preliminary engineering for any project that has not advanced to construction or acquisition of right-of-way within ten years (currently, after a period of time) of receipt of such funds. Specifies that projects that affect historic and scenic values may be designed to protect such values. Requires States that do not adopt laws mandating the use of safety belts and motorcycle helmets to set aside a portion of funds received under the STP for highway safety programs (1.5 percent for noncompliance in FY 1994 and three percent thereafter). Authorizes the Secretary to make grants for safety education, training, monitoring, and enforcement to States that adopt safety belt and helmet laws. Directs the Secretary to conduct a study of differences in injuries, medical costs, payor mix, and unreimbursed costs of restrained and unrestrained, helmeted and nonhelmeted victims of motor vehicle and motorcycle crashes. Makes public education and information activities in support of State and community motorcycle safety and safety belt programs eligible for funds authorized to be appropriated for such study. Allows a State to use as a credit toward meeting non-Federal matching requirements non-Federal capital expenditures on facilities that serve interstate commerce, provided such State maintains its aggregate non-Federal transportation capital spending at a level at or above the average of such spending for the preceding three fiscal years. Specifies that use of such credit shall not expose public, quasi-public, or private agencies from which the credit is calculated to any additional Federal oversight, regulation, or liability. Increases the period within which construction must be commenced on a right-of-way funded from the right-of-way revolving fund from ten to 20 years. Authorizes Federal reimbursement of a State for costs to acquire rights-of-way in advance of Federal approval or authorization and land necessary to preserve environmental and scenic values if specified conditions are met. Eliminates the requirement that right-of-way revolving fund advances be for projects on the Federal-aid System. Directs the Secretary to submit to the Congress a study of alternative transportation modes for use in the National Park System, considering economic and technical feasibility, environmental effects, projected costs and benefits, general suitability of transportation modes, and methods to obtain private capital for construction. Authorizes appropriations. Requires the Secretary to revise the Manual of Uniform Traffic Control Devices to include a standard for a minimum level of retroreflectivity that must be maintained for pavement markings and signs and locate a standard to define the functional classification of roads that must have a center line, edge lines, or both. Bars the Secretary from making grants under Federal highway provisions to States that fail to provide certification that not less than ten percent of the asphalt pavement laid in the State in a given year, which was financed in whole or in part by such grants, involved the use of rubber-modified asphalt, starting four years after the enactment of this Act. Authorizes the Secretary to: (1) establish a phase-in period; and (2) set aside such provisions, establish a rubber-modified asphalt pavement utilization percentage of less than ten percent in a particular State, or grant a State credit toward the ten percent requirement, under specified circumstances. Expands projects eligible for right-of-way revolving fund advances to include passenger rail facilities. Creates a National Scenic and Historic Byways Program and an Office of Scenic and Historic Byways within the FHWA. Directs: (1) such Office to provide technical assistance to the States and provide grants for the planning, design, and development of State scenic byway programs; and (2) the Secretary to establish criteria for roads to be designated as part of an All American Roads Program, designate such roads, and establish criteria for the allocation of funds to the States. Authorizes appropriations. Directs the Secretary, within two years, to submit to the Congress a proposal for a National Highway System (NHS) to provide an intercontinental system of principal arterial routes, meet national defense requirements, and serve interstate and interregional travel. Specifies that such NHS shall consist of highways on the IS and other specified urban and rural principal arterials, including toll facilities. Directs the States and U.S. territories to complete a functional reclassification, to be updated periodically, of all public roads by September 30, 1993. Continues the authorization for the DOT's public information program, Operation Lifesaver. Authorizes the Secretary to establish a Timber Bridge Construction Discretionary Grant Program. Makes $5,000,000 available for obligation at the Secretary's discretion for such program. Specifies that the Federal share payable on any timber bridge construction project shall be 80 percent. Establishes criteria for selecting and approving grants. Authorizes the Secretary to establish a Program of Research on Wood Use in Transportation Structures. Makes $1,000,000 available for obligation at the Secretary's discretion for such program. Specifies that the Federal share payable on any research grant shall be 100 percent. Delineates areas of research authorized. Directs the Secretary to assure that information and technology resulting from research is transferred to State and local transportation departments and other interested parties. Authorizes (currently, requires) the Secretary to penalize a State for not making provisions for "effective control" of outdoor advertising along the IS by reducing the State allotment by up to five percent (currently, by ten percent) of its apportionment. Provides, as part of effective control, that: (1) each State shall maintain an annual inventory of all outdoor advertising signs, displays, and devices (signs) required to be controlled, identifying all such signs as either illegal, nonconforming, or conforming under State law; (2) each State shall assure that signs required to be removed under this title are removed within 90 days of the date upon which they become unlawful (or if not unlawful, the date upon which they must be removed pursuant to State or local law) or, if eligible to receive compensation pursuant to this title or to be authorized, the date upon which cash compensation is paid or the State or local authorization period ends; (3) no State may allow or undertake any vegetation removal or other alteration of the highway right-of-way with the purpose of improving the visibility of any outdoor advertising sign located outside the right-of-way; and (4) no State may permit any person to modify any outdoor advertising sign which does not conform to provisions of this title to improve its visibility or prolong its useful life. Sets forth additional provisions with respect to the removal of signs and costs incurred for such removal. Limits the use of longer combination vehicles (LCVs) on the IS to those places, and under the conditions now imposed, where they are allowed on or before June 1, 1991. (Defines an LCV as a truck tractor with two or more trailers or semi-trailers, with a gross vehicle weight of more than 80,000 pounds.) Repeals provisions: (1) requiring each State to certify annually that it is enforcing all speed limits on public highways posted at the national maximum speed limit; (2) requiring the Secretary to withhold project approval in any State that fails to certify accordingly; (3) requiring States to submit to the Secretary compliance data for a 12-month period on the percentage of motor vehicles exceeding 55 miles per hour (mph) on their public highways posted at 55; and (4) establishing a process under which a State could lose up to ten percent of its non-interstate highway construction funds for the following fiscal year if the State's 12-month compliance data show that more than 50 percent of its motorists exceeded the posted 55 mph limit. Requires each State to: (1) submit to the Secretary speed-related data as the Secretary determines necessary for each 12-month period ending on September 30, in accordance with criteria to be established by the Secretary, including data on citations and travel speeds on public highways with speed limits posted at or above 55 mph; and (2) certify to the Secretary before January 1 of each year that it is enforcing all speed limits on public highways in accordance with Federal highway provisions. Prohibits the Secretary from approving projects in States which fail to make such certification. Requires States, in preparing such certification, to consider the speed-related data that it submits to the Secretary. Part B: National Recreational Trails Trust Fund Act - National Recreational Trails Trust Fund Act of 1991 - Amends the Internal Revenue Code to establish the National Recreational Trails Trust Fund (Fund). Requires the Secretary of the Treasury to pay into the Fund an amount equivalent to .3 percent of total HTF receipts, to be adjusted by the Secretary. Requires the Secretary to use such amounts in the Fund to make grants to the States for constructing and maintaining recreational trails. Establishes the National Recreational Trails Act Advisory Committee. Part C: Intelligent Vehicle-Highway Systems Act - Intelligent Vehicle-Highway Systems Act of 1991 - Directs the Secretary to conduct a program to promote and facilitate the implementation of IVHS as a component of the nation's surface transportation systems to enhance the capacity, efficiency, and safety of the Federal-aid highway system, reduce societal, economic, and environmental costs associated with traffic congestion, and enhance U.S. industrial and economic competitiveness and productivity. Requires the Secretary to: (1) coordinate an IVHS program and foster its use; (2) develop and implement standards to promote the widespread use and evaluation of IVHS technology (to the extent practicable, promoting compatibility among IVHS technologies implemented throughout the States); (3) establish guidelines and requirements for the evaluation of field and related operational tests; and (4) establish a repository for technical and safety data collected as a result of federally sponsored projects pursuant to this title. Authorizes the Secretary to utilize advisory committees in carrying out responsibilities under this title. Directs the Secretary: (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 reports to the Congress on implementation of such plan; and (3) within 24 months, to submit a report to the Congress (and within five years, to update such report) addressing the non-technical constraints to all aspects of the innovation of such program, including antitrust, privacy, staffing, patent, and liability concerns, recommending legislation and administrative action, and addressing ways to further promote industry and State and local government involvement in such program. Authorizes the Secretary to: (1) provide planning and technical assistance to State and local governments seeking to use and evaluate IVHS technologies; and (2) make grants for feasibility and planning studies to be conducted by State and local governments. Sets forth provisions with respect to funding and eligibility requirements, and priorities for funding projects. Directs the Secretary to: (1) 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; and (2) allocate not less than 50 percent of funds for such purpose to eligible States or local entities having several of specified characteristics, such as traffic density at least 1.5 times the national average, severe or extreme nonattainment for ozone, and complexity of traffic patterns. Specifies that the Federal share for activities authorized pursuant to this title shall be 80 percent of the cost.
Bill· SS. 1202 (102nd)referred
United States · United States Congress · 4 June 1991
Amends the Internal Revenue Code to allow the one-time exclusion on gain from the sale of a principal residence to be taken before age 55 if the taxpayer, or a family member: (1) is physically or mentally incapable of self-care; and (2) has had such condition, or will have such condition, for at least six months.
Bill· SS. 1215 (102nd)referred
United States · United States Congress · 4 June 1991
Adoption Assistance and Maternal Certificates Act - Amends the Public Health Service Act to mandate grants to ten States to establish demonstration programs to provide maternal health certificates to low-income pregnant females residing or awaiting residence in, or receiving outpatient services from, a maternity home. Requires eligible maternity homes to provide a range of services in accordance with standards promulgated under this Act, including regarding room and board, medical care, and counseling and services concerning health, adoption, education, vocation, or employment. Limits the time period covered and the dollar amounts paid per day. Requires matching funds from a State agency, the home, or both. Prohibits requiring a woman, in order to be eligible for this program, to participate in the Aid to Families with Dependent Children program under title IV of the Social Security Act. Authorizes appropriations. Requires that adoption data from private agencies that receive Federal assistance (and voluntarily-released data from private agencies that receive no Federal assistance) be included in an existing system of data collection, under the Social Security Act, relating to adoption and foster care Requires an adoption or foster care agency that receives Federal assistance to disclose, to prospective adoptive and foster parents, information about the history of the child, including: (1) medical history; (2) social background; (3) information about the placement of the child; and (4) any record of abuse or neglect. Makes it unlawful to discriminate against an individual in the making, performance, modification, or termination of an insurance contract (defined as a health or life insurance contract which provides family coverage) on the basis of the fact that a son or daughter of the individual is not a biological child of the individual. Declares it an unlawful employment practice to discriminate against an employee with respect to a term or condition of any leave benefit on the basis of the fact that a son or daughter is not a biological child of the employee. Defines "son or daughter," for both such insurance and such employment discrimination, to mean a biological, adopted, or foster child, a stepchild, a legal ward, a child placed for adoption, or a child of a person standing in loco parentis, who is: (1) under 18 years old; or (2) 18 years old or older and incapable of self care. Allows any person to bring a civil action for equitable relief, damages and interest, and attorney's fees. Amends the Social Security Act to add to the formula, used for determining the amount of payments to States for foster care and adoption assistance, provisions relating to expenditures for recruitment of adoptive parents for a child with special needs. Amends the National Defense Authorization Act for Fiscal Years 1988 and 1989 to remove provisions terminating, on a specified date, a program for reimbursement for adoption expenses incurred by a member of the armed forces.
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