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Law· HRH.R. 2426 (102nd)enacted
United States · United States Congress · 22 May 1991
Military Construction Appropriations Act, 1992 - Appropriates funds for FY 1991 for military construction functions administered by the Department of Defense (DOD) in specified amounts for: (1) military construction, Army (including such funds under prior law); (2) military construction, Navy (including a rescission); (3) military construction, Air Force (including rescissions); (4) military construction, defense agencies (including a specified transfer of funds); (5) North Atlantic Treaty Organization (NATO) Infrastructure; (6) military construction, Army National Guard; (7) military construction, Air National Guard; (8) military construction, Army Reserve; (9) military construction, Naval Reserve; (10) military construction, Air Force Reserve; (11) family housing, Army (12) family housing, Navy and Marine Corps; (13) family housing, Air Force; (14) family housing, defense agencies; (15) homeowners assistance fund, defense; and (16) the Department of Defense Base Closure Accounts. Prohibits funds appropriated in this Act from being used for payments under certain cost-plus-a-fixed-fee contracts without specific approval by the Secretary of Defense. Authorizes funds appropriated in this Act to be used for: (1) the hire of passenger motor vehicles; and (2) advances to the Federal Highway Administration, Department of Transportation, for the construction of defense access roads. Prohibits funds appropriated in this Act from being used for: (1) construction of new bases inside the continental United States for which specific appropriations have not been made; (2) the purchase of certain lands or easements for amounts in excess of 100 percent of their value as determined by the Corps of Engineers or the Naval Facilities Engineering Command, except under specified conditions; (3) acquisition, site preparation, or the installation of any utilities for family housing, except for housing for which funds have been made available under annual military construction appropriation Acts; (4) transferring or relocating any activity from one base or installation to another without prior notification to the Committees on Appropriations; and (5) the procurement of steel for any construction project or activity for which American steel producers have been denied the opportunity to compete. Prohibits the use of funds available for military construction and housing during FY 1991 to pay real property taxes in any foreign nation. Prohibits funds appropriated in this Act from being used for: (1) the initiation of a new installation overseas without prior notification to the Committees on Appropriations; (2) certain architect and engineer contracts for projects in Japan or in any NATO-member country, unless awarded to U.S. firms solely or in joint ventures; or (3) the award of any contract for military construction in the U.S. territories and possessions in the Pacific and on Kwajalein Island in excess of $1,000,000 to a foreign contractor, with specified exceptions. Directs the Secretary to notify the Senate and House Armed Services and Appropriations Committees of the plans and scope of any military exercise involving U.S. personnel 30 days prior to its occurrence if amounts expended for construction are expected to exceed $100,000. Transfers certain funds of the Military Family Housing Management Account to the appropriations for family housing provided in this Act. Prohibits more than 20 percent of the funds appropriated in this Act which are limited for obligation during the current fiscal year from being obligated during the last two months of the fiscal year. Makes certain prior year funds available for military construction authorized during the first session of the 102nd Congress. Directs the Secretary, by February 15, 1992, to provide the Appropriations Committees with a report detailing the specific actions proposed to be taken by DOD during FY 1992 to encourage other members of NATO and Japan to assume a greater share of the common defense burden of such nations and the United States. Permits certain expired or lapsed funds to be used to pay certain overhead and other costs associated with military construction or family housing projects. Allows funds appropriated for military construction projects to be obligated until the end of the fourth year after such funds were appropriated, with certain conditions. Limits the amount of funds that may be obligated for the contract cleaning of military family housing units. Prohibits any funds appropriated in this Act from being used for new military family housing units in the Republic of Korea in connection with any increase in accompanied tours after June 6, 1988. Authorizes the transfer of unobligated DOD military construction and family housing operation and maintenance and construction funds to the foreign currency fluctuations, construction, defense appropriation to be merged with and available for its purposes. Prohibits any funds appropriated in this Act for planning and design activities from being used to initiate design of the Pentagon Annex. Prohibits any funds appropriated in this Act from being available for study, planning, design, or architect and engineer services related to the relocation of the Yongsan Garrison, Korea. Requires funds necessary for FY 1992 pay raises for programs funded by this Act to be absorbed within the levels appropriated in this Act. Amends the Dire Emergency Supplemental Appropriations for Consequences of Operation Desert Shield/Desert Storm, Food Stamps, Unemployment Compensation Administration, Veterans Compensation and Pensions, and Other Urgent Needs Act of 1991 to extend until November 5, 1990, the effective date of the repeal of specified provisions of the Military Construction Appropriations Act, 1991 which: (1) authorize the President to seize and liquidate certain property to pay U.S. creditors holding claims against Iraq; and (2) provide criminal penalties against the perpetrators of, and remedies, jurisdiction, and venue for the victims of, international terrorism.
Bill· HRH.R. 2434 (102nd)open
United States · United States Congress · 22 May 1991
Amends the General Education Provisions Act (GEPA) to direct the National Assessment of Educational Progress (NAEP) to conduct certain trial assessments, and develop other trial assessments for administration, in 1994. Directs the Secretary of Education to provide for the organization that conducts the independent evaluation of assessments under specified GEPA provisions to study and report to the Congress, within 120 days after enactment of this Act, on: (1) the process whereby achievement goals are set pursuant to specified GEPA provisions; and (2) the ability of NAEP to maintain valid data with respect to trends in student performance.
Bill· HRH.R. 2446 (102nd)referred
United States · United States Congress · 22 May 1991
Long-Term Care Incentives Act of 1991 - Title I: Tax Treatment of Qualified Long-Term Care Insurance Policies - Amends the Internal Revenue Code to provide for the treatment of qualified long-term care insurance as accident and health insurance for purposes of insurance company taxation. Provides for the exclusion as a death benefit of any amount paid to an individual under a life insurance contract because such individual is terminally ill, has a dread disease, or has been permanently confined to a nursing home. Title II: Tax Incentives for Purchase of Qualified Long-Term Care Insurance - Allows a tax credit for a percentage of qualified long-term care premiums. Allows a deduction for expenses relating to long-term care and an exclusion from gross income of benefits received from long-term care insurance. Allows a deduction for employers of contributions made for long-term care insurance if any refund or premium is applied to reduce the future costs of the plan or increase its benefits. Allows the inclusion of such insurance in cafeteria plans. Excludes from gross income amounts withdrawn from individual retirement accounts and certain employer cash or deferred arrangements to pay long-term care premiums and expenses. Increases the amounts of deductible contributions to individual retirement plans. Excludes from gross income amounts received from the surrender, cancellation, or exchange of any life insurance contract if such amounts are used to pay premiums for long-term care insurance. Authorizes the tax-free use of the gain from the sale of a principal residence for the purchase of long-term health care insurance. Title III: Medicaid Amendments - Amends title XIX of the Social Security Act (Medicaid) to set forth eligibility requirements for long-term care benefits and to require coverage of home and community-based long-term care.
Bill· HRH.R. 2430 (102nd)referred
United States · United States Congress · 22 May 1991
Overseas American Economic Competition Enhancement Act of 1991 - Amends Internal Revenue Code provisions relating to the taxable income of certain U.S. citizens or residents living abroad. Excludes from the gross income of qualifying individuals (thus exempting from income tax), in addition to foreign earned income, the following items: (1) U.S. earned income and certain capital gain net income during the period of a temporary stay or stays (not exceeding a total of 183 days) in the United States; (2) foreign income other than compensation for labor or personal services; (3) U.S. income not effectively connected with a U.S. trade or business; and (4) gain from the disposition of a U.S. real property interest. Revises the criteria under which an individual qualifies for these tax exclusions to make eligible a U.S. citizen or resident who, during any 18-month period (currently 12 months), is present in a foreign country or countries during at least 510 full days (currently 330).
Law· HRH.R. 2427 (102nd)enacted
United States · United States Congress · 22 May 1991
Energy and Water Development Appropriations Act, 1992 - Title I: Department of Defense - Civil - Makes appropriations for FY 1992 for: (1) authorized civil functions of the Department of the Army relating to rivers and harbors, flood control, and beach erosion; (2) expenses necessary for the collection and study of basic information pertaining to river and harbor, flood control, shore protection, and related projects, restudy of authorized projects, miscellaneous investigations, and when authorized, surveys, detailed studies, plans, and specifications of projects prior to construction; (3) the prosecution of authorized river and harbor, flood control, shore protection, and related projects, and detailed studies, plans, and specifications of projects authorized or made eligible for selection by law; (4) expenses necessary for prosecuting work of flood control and rescue work, repair, restoration, or maintenance of flood control projects threatened or destroyed by flood, as authorized by law; (5) expenses necessary for the preservation, operation, maintenance, and care of existing river and harbor, flood control, and related works, including such sums as necessary for the maintenance of harbor channels, and serving essential needs of general commerce and navigation, surveys and charting of northern and northwestern lakes and connecting waters, clearing and straightening channels, and removing obstructions to navigation; (6) expenses necessary for the administration of laws pertaining to regulation of navigable waters and wetlands; (7) expenses necessary for emergency flood control, hurricane, and shore protection activities; and (8) expenses necessary for general administration and related functions in the office of the Chief of Engineers and offices of the Division Engineers, and activities of the Board of Engineers for Rivers and Harbors, the Coastal Engineering Research Board, the Engineer Automation Support Activity, the Humphreys Engineers Center Support Activity, and the Water Resources Support Center. Directs that the project for navigation, Coosa River, Gadsden, Alabama, to Rome, Georgia, authorized by the River and Harbor Act of 1945, remain authorized for a specified period. Repeals provisions that authorize acquisition of new buildings and appurtenant facilities for the U.S. Army Engineer District, Walla Walla, Washington. Specifies that the non-Federal share of the costs of preconstruction engineering and design of any water resources project constructed by the Secretary of the Army shall not be required to be paid prior to commencement of physical construction of the project. Authorizes the Secretary to: (1) convey to the Port of Camas-Washougal two parcels of land containing approximately 45 acres for the fair market value of such land; and (2) transfer, without monetary consideration, approximately 37 acres of predominantly wetlands for inclusion in the Steigerwald Lake National Wildlife Refuge. Modifies the project for flood control, Guadalupe River California, to direct the Secretary to construct the project in accordance with the General Design Memorandum, dated January 1991, of the Sacramento District Engineer, and in accordance with specified percentages. Specifies the present value of the capital cost to be prepaid by the city of Aberdeen, Washington, under the Wynoochee Lake project contract. Authorizes a specified experimental water delivery program to continue until modifications to the Central and Southern Florida project are completed and implemented. Title II: Department of the Interior - Makes appropriations for FY 1992 to the Department of the Interior for: (1) the Bureau of Reclamation; (2) engineering and economic investigations of proposed Federal reclamation projects and studies of water conservation and development plans and activities preliminary to the reconstruction, rehabilitation and betterment, financial adjustment, or extension of existing projects; (3) construction and rehabilitation projects and parts thereof (including power transmission facilities for Bureau use) and for other related activities as authorized by law; (4) operation and maintenance of reclamation projects or parts thereof and other facilities, as authorized, and for a soil and moisture conservation program on lands under the jurisdiction of the Bureau; (5) adminstrative expenses related to loans to irrigation districts and other public agencies for construction of distribution systems on authorized Federal reclamation projects, and for loans and grants to non-Federal agencies for project construction; (6) necessary expenses of general administrative and related functions in the office of the Commissioner, the Denver office, and offices in the five regions of the Bureau; (7) the Emergency fund; and (8) capital equipment and facilities. Sets forth provisions: (1) with respect to special funds from which sums derived from the reclamation fund or special fee account are appropriated; and (2) limiting the use of appropriations for the Bureau to the purchase of not more than 16 passenger motor vehicles for replacement only, payment of claims for damages to or loss of property, personal injury, or death arising out of Bureau activities, rewards for information or evidence concerning violations of law involving Bureau property, and other specified purposes. Makes appropriations available for expenditure or transfer, with the approval of the Secretary of the Interior, for the emergency reconstruction, replacement, or repair of aircraft, buildings, utilities, or other facilities or equipment damaged, rendered inoperable, or destroyed by fire, flood, storm, drought, or other unavoidable causes, subject to specified limitations. Allows the Secretary to authorize the expenditure or transfer of appropriations in this title, in addition to the amounts included in the budget programs of the several agencies, for the suppression or emergency prevention of forest or range fires on or threatening lands under the jurisdiction of the Department. Makes available appropriations for: (1) the operation of warehouses, garages, shops, and similar facilities, wherever consolidation of activities will contribute to efficiency or economy, subject to reimbursement of funds; and (2) hire, maintenance, and operation of aircraft, hire of passenger motor vehicles, and other specified purposes. Title III: Department of Energy - Makes appropriations for FY 1992 to the Department of Energy (DOE) for: (1) expenses of DOE activities including the purchase, construction, and acquisition of plant and capital equipment and other incidental expenses necessary for energy supply, research, and development activities, and other activities in carrying out the purposes of the Department of Energy Organization Act; (2) expenses in connection with DOE operating expenses and the purchase, construction, and acquisition of plant and capital equipment and other incidental expenses necessary for uranium supply and enrichment activities; (3) expenses of activities including the purchase, construction, and acquisition of plant and capital equipment and incidental expenses necessary for general science and research activities; (4) nuclear waste disposal activities, including the acquisition of real property or facility construction or expansion; (5) expenses of activities including the purchase, construction, and acquisition of plant and capital equipment and incidental expenses for atomic energy defense activities; (6) salaries and expenses of DOE necessary for departmental administration; (7) necessary expenses of the Office of Inspector General; (8) necessary expenses of operation and maintenance of projects in Alaska and of marketing electric power and energy; (9) necessary expenses of operation and maintenance of power transmission facilities and of marketing electric power and energy pursuant to the Flood Control Act of 1944, as applied to the southeastern and southwestern areas; (10) necessary expenses of construction, rehabilitation, operation, and maintenance, with respect to western power areas; and (11) necessary expenses of the Federal Energy Regulatory Commission. Specifies that: (1) revenue received from the disposition of isotopes and related services shall be credited to the Isotope Production and Distribution Program Fund; (2) expenditures from the Bonneville Power Administration Fund are approved for the purchase, maintenance, and operation of two rotary-wing aircraft for replacement only, and for official reception and representational expenses; and (3) appropriations for DOE under this title for the current fiscal year shall be available for hire of motor vehicles, hire, maintenance, and operation of aircraft, purchase, repair, and cleaning of uniforms, and reimbursement to the General Services Administration for security guard services. Sets forth provisions with respect to the transfer of funds and transfers of unexpended balances. Directs the Secretary of Energy, to the fullest extent possible, to ensure: (1) that at least ten percent of Federal funding for the development, construction, and operation of the Superconducting Super Collider be made available to business concerns or other organizations owned or controlled by socially and economically disadvantaged individuals; and (2) significant participation in such development, construction, and operation by socially and economically disadvantaged individuals. Title IV: Independent Agencies - Makes appropriations for FY 1992 for necessary expenses: (1) to carry out the program authorized by the Appalachian Regional Development Act of 1965, the Federal Cochairman and the alternate on the Appalachian Regional Commission, and payment of the Federal share of the Commission's administrative expenses; (2) of the Defense Nuclear Facilities Safety Board; (3) to carry out the functions of the U.S. member of the Delaware River Basin Commission and payment of the U.S. share of the current expenses of the Commission; (4) of the Nuclear Regulatory Commission; (5) of the Office of Inspector General; (6) of the Nuclear Waste Technical Review Board; and (7) to carry out the functions of the U.S. member of the Susquehanna River Basin Commission and payment of the U.S. share of the Commission. Appropriates funds: (1) to enable the Secretary of the Treasury to pay in advance to the Interstate Commission on the Potomac River Basin the Federal contribution toward the expenses of the Commission during the current fiscal year; and (2) for the purpose of carrying out provisions of the Tennessee Valley Authority Act of 1933. Title V: General Provisions - Sets forth specified restrictions on the use of appropriated funds, including: (1) barring the programs, projects, or activities defined in the report accompanying this Act from being eliminated or disproportionately reduced due to the application of "savings and slippage" provisions, unless such report expressly provides otherwise; and (2) limiting the expenditure of appropriations for any consulting service through a procurement contract to contracts where such expenditures are a matter of public record and available for public inspection, with exceptions.
Law· SS. 1106 (102nd)enacted
United States · United States Congress · 21 May 1991
Individuals with Disabilities Education Act Amendments of 1991 - Amends the Individuals with Disabilities Education Act (IDEA) to allow States to opt to include under the definition of "children with disabilities," for children aged three through five, those who need special education and related services because they are experiencing delays in one or more of the following areas of their development: physical, cognitive, communication, social or emotional, or adaptive. Requires State plans to set forth policies and procedures relating to the smooth transition for those participants in the part H early intervention program who will participate in preschool programs under part B of IDEA, including a method of ensuring development and implementation, by a child's third birthday, of an individualized education program or, if consistent with specified provisions, an individualized family service plan has been developed and is being implemented by a child's third birthday. Revises application requirements to allow the local or intermediate educational agency, if this is consistent with State policy and has the concurrence of parents or guardian, to establish, annually review, and revise an individualized family service plan (as an alternative to an individualized education plan) for each child with a disability, aged three through five. Revises provisions for preschool grants to increase to $1,500 (from $1,000) the maximum limit on a preschool grant to a State per child with a disability, aged three through five. Allows a State to opt to use a certain portion of its preschool grant to provide a free public education to two-year-old children with disabilities who will reach age three during the school year, whether or not they are receiving or have received services under the part H early intervention program (also allows the local or intermediate educational agency to use its preschool grant funds from the State for such purpose, if consistent with State policy). Provides that part H early intervention program provisions do not apply to any child with disabilities receiving a free public education with funds received under part B preschool grants provisions. Revises provisions for early education for children with disabilities, under part C of IDEA, to include program services and activities for: (1) individuals at risk of having substantial developmental delays if early intervention services are not provided; (2) outreach to low-income, minority, rural, and other underserved populations eligible for assistance under parts B and H of IDEA; and (3) supporting statewide projects in conjunction with a State's part H plan and part B application, to change from segregated to integrated environments the delivery of early intervention services to infants and toddlers with disabilities and of special education and related services to preschool children with disabilities. Increases the amounts authorized to be appropriated for FY 1992 through 1994 for part D provisions for training personnel for the education of individuals with disabilities. Revises definitions, under part H provisions for early intervention services for infants and toddlers with disabilities, to include references to the following developmental needs: communication, social or emotional, and adaptive. Includes among early intervention services: vision services, assistive technology devices and services, and transportation and related costs. Includes among qualified personnel: family therapists, orientation and mobility specialists, and pediatricians and other physicians. Requires that early intervention services, to the maximum extent appropriate, be provided in natural environments, including the home, and community settings in which children without disabilities participate. Authorizes differential funding for the fourth or fifth year of grant allotments to States under the part H early intervention program for handicapped infants and toddlers (from birth to age two), thus allowing certain States to continue their participation in such program under specified conditions. Allows States that have not met all or some of fourth or fifth year requirements to request extended participation for such years and, if such request is approved by the Secretary of Education, receive an allotment for such years in an amount set at a specified earlier, lesser rate. Provides for reallotment of the resultant excess funds to States that have met all the requirements for such years and that will consequently be receiving the full grant allotment for such years, as well as such additional funds from their portion of such reallotment. Revises requirements for a statewide system of services, under the part H early intervention program, to include reference to service coordination (rather than case management) services under the individualized family service plan. Requires the part H comprehensive system of personnel development to: (1) include training of paraprofessionals; and (2) be consistent with such system under part B. Revises the lead State agency responsibilities to: (1) include monitoring compliance of programs and activities used by the State to carry out part H, whether or not these are receiving part H assistance; and (2) provide for assignment of fiscal responsibility to the appropriate agencies, in accordance with provisions for State designation of an individual or entity to make such assignment. Revises part H provisions for individualized family service plans to require such plans to also include: (1) a multidisciplinary assessment of the unique strengths and needs of the infant or toddler and the identification of services appropriate to meet such needs; (2) a family directed assessment of family resources, priorities, and concerns and identification of supports and services necessary to enhance the family's capacity to meet their child's developmental needs; and (3) a statement of the natural environments in which early intervention services shall appropriately be provided. Allows the service coordinator to be one who is otherwise qualified to carry out all part H responsibilities. Requires the contents of such plan to be fully explained to the parents or guardian, and their informed written consent to be obtained prior to provision of any or all early intervention services. Revises part H requirements for the State application and assurances. Requires such application to also include: (1) a designation by the State of an individual or entity responsible for assigning financial responsibility among appropriate agencies; and (2) a description of the policies and procedures used to ensure a smooth transition for participants in part H early intervention programs who are eligible to participate in part B preschool programs, including how the families will be included in transitional plans and how the part H lead agency will notify the appropriate local or intermediate educational agency at least 90 days before such child is eligible for the part B preschool program in accordance with State law. Requires the State, beginning in FY 1992, to assure that policies and practices have been adopted to ensure meaningful involvement of traditionally underserved families, including minority, low-income, and rural families, in part H planning and implementation and access of such families to culturally competent services within their local areas. Allows a State to use part H early intervention program funds to provide a free appropriate public education, in accordance with part B preschool program provisions, to children with disabilities in the transitional period from their third birthdays to the beginning of the following school year. Revises part H statewide system procedural safeguards to also include the rights of parents or guardians to: (1) written notice of and written consent to the exchange of personally identifiable information among agencies, consistent with Federal and State laws; and (2) determine whether they, their infant or toddler, or other family members will accept or decline any early intervention service under part H in accordance with State law without jeopardizing other such early intervention services. Revises part H requirements relating to State Interagency Coordinating Council: (1) membership composition and numbers; (2) chairpersons; (3) functions (adding advice and assistance in toddlers' transition to preschool programs and in provision of appropriate services for children from birth through age five); and (4) expenditures (including child care for parent representatives). Extends through FY 1994 the payment of State allotments for part H early intervention program services. Provides that each State shall receive at least a specified minimum amount in such allotment. Extends through FY 1994 the authorization of appropriations for part H early intervention program services. Directs the Secretary of Education (the Secretary) to establish a Federal Interagency Coordinating Council, for early intervention services for infants and toddlers with disabilities and their families and preschool services for children with disabilities, to: (1) minimize duplication of programs and activities at Federal, State, and local agency levels; (2) coordinate Federal agency programs and policies and technical assistance and support to States; and (3) identify gaps in programs and services and barriers to Federal interagency cooperation and program operation. Directs the Secretary to: (1) undertake a study to identify alternative formulas allocating part H early intervention program funds, including specified analyses; and (2) transmit the study and a report on it to specified congressional committees by March 1, 1993. Amends both Federal law relating to impact aid and the Defense Dependents Education Act of 1978 to require that IDEA provisions for part H early intervention services and part B preschool public education apply, respectively, to infants and toddlers age birth through two with disabilities and children aged three through five with disabilities who are military dependents served under such law and such Act. Makes various technical amendments and changes in terminology in IDEA, and updates various Federal laws' references to IDEA.
Bill· SS. 1118 (102nd)referred
United States · United States Congress · 21 May 1991
HOV Facility Improvement Act of 1991 - Authorizes the Secretary of Transportation to approve Federal highway projects designed to: (1) demonstrate the capability of achieving a reduction in single occupant vehicle miles and a reduction in mobile source emissions, including projects for the construction of high occupancy vehicle (HOV) facilities; and (2) encourage the use of shared rides (currently, carpools and vanpools). Makes apportionments for metropolitan planning organization (MPOs) projects to MPOs responsible for a population in urban areas of more than one million inhabitants which are in nonattainment for either ozone or carbon monoxide according to a specified formula, based on population, severity of air quality nonattainment, and the number of freeway lanes and miles dedicated to the usage of HOV lanes during peak rush hours. Limits the Federal share payable for costs of such projects to 80 percent. Authorizes to be appropriated out of the Highway Trust Fund $1,000,000,000 for each of fiscal years 1992 through 1996. Requires the Federal Highway Administration, within six months, to issue minimum design criteria for HOV facilities which: (1) specify a standard lane width to accommodate automobiles and transit vehicles, including intercity buses; and (2) require that new HOV facilities contain ramps and interchanges, or the capability for such, for connection with existing or planned transit commuter parking and loading areas. Specifies that ramps, interchanges, and parking and loading areas which are part of an HOV facility project shall also qualify for any preferential match accorded to HOV facilties.
Bill· SS. 1121 (102nd)referred
United States · United States Congress · 21 May 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. Authorizes the Secretary to approve innovative highway- and transit-related immediate action, non-capital intensive projects to help relieve congestion and transportation-related air quality problems in urbanized areas of more than 200,000 population, or projects in rural areas that respond to rural transportation problems through innovative approaches and strategies. Sets forth provisions with respect to project compliance with State and Federal requirements. Requires States to have an ongoing bridge inspection and inventory system. Directs the Secretary to set aside specified funds for Metropolitan and Rural Innovative Bonus 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. 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 mph; 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 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 a coordinated long-term program 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 to support transportation programs and projects funded under this Act; 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 Clean 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) wetland mitigation, conservation, and enhancement; (4) 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 (5) 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. Requires the Secretary to reduce up to ten percent of a State's apportionment of National Highway and Bridge Program funds in any fiscal year during which heavy vehicles, subject to a heavy vehicle use tax, may be lawfully registered in the State without having presented proof of payment of such tax. 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 where 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. Repeals a provision requiring that specified highways be free from tolls. Authorizes the Secretary to: (1) carry out a transportation assistance program that will provide highway and transportation agencies in urbanized areas of 50,000 to 1,000,000 population and rural areas access to modern highway technology; and (2) make grants to enter into contracts for education and training, technical assistance, and related support services to effectuate such program. Repeals a provision authorizing the Secretary to use photogrammetric methods in mapping and the utilization of commercial enterprise for such services. Authorizes the Secretary to engage in activities to inform the domestic highway community of technological innovations abroad that could significantly improve highway transportation in the United States, promote U.S. highway transportation expertise internationally, and increase transfers of U.S. highway transportation technology to foreign countries. Provides for a temporary waiver of the matching fund requirement for qualifying projects, with increases in the Federal share for any State to be repaid by March 30, 1994. Directs the Secretary to: (1) carry out experimental programs which allow the Federal Highway Administration and the States to demonstrate innovative or nontraditional design, construction, and management practices, or both, for highway projects while utilizing a competitive process for selection of contractors; and (2) evaluate and report on the results of such programs. 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 occupancy vehicle (HOV) lanes, highway traffic control devices, intercity and urban bus passenger loading areas and facilities, and fringe and transportation corridor parking to serve HOVs, 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 providing that: (1) Federal financial assistance be granted on the basis of a Federal contribution of 100 percent of the cost of any project; and (2) 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. 2414 (102nd)open
United States · United States Congress · 21 May 1991
Three Affiliated Tribes and Standing Rock Sioux Tribe Equitable Compensation Act - Declares that: (1) the Three Affiliated Tribes (TAT) (the Mandan, Hidatsa, and Arikara Tribes that reside on the Fort Berthold Indian Reservation) are entitled to additional financial compensation from amounts deposited to a TAT Recovery Fund for the taking of reservation lands for the site of the Garrison Dam and Reservoir; and (2) the Standing Rock Sioux Tribe (SRST) (members of the Great Sioux Nation that reside on the Standing Rock Indian Reservation) is entitled to additional financial compensation from amounts deposited to a SRST Economic Recovery Fund for the taking of reservation lands for the site for the Oahe Dam and Reservoir. Establishes such Funds. Directs the Secretary of the Treasury to deposit into each Fund 25 percent of the receipts from deposits to the Treasury for the preceding fiscal year from the integrated programs of the Eastern Division of the Pick-Sloan Missouri River Basin Project administered by the Western Area Power Administration, subject to certain limitations. Authorizes appropriations to each Fund. Makes available only the interest on the moneys in each Fund for use by the Secretary of the Interior in making payments to the SRST for use for educational, social welfare, economic development, and other programs. Authorizes the Secretary of the Interior to appoint advisory councils to make recommendations regarding appropriate uses of such Funds. Specifies that: (1) no payments pursuant to this Act shall result in the reduction or denial of any Federal services or programs to which the TAT or SRST, or any of their members, are otherwise entitled to because of their status as a federally recognized Indian tribe or member pursuant to Federal law; (2) no such payments shall be subject to Federal or State income tax, or affect power rates; and (3) no part of any moneys in either Fund shall be distributed to any TAT or SRST member on a per capita basis. Authorizes the Secretary to develop irrigation within the boundaries of the Standing Rock Indian Reservation, subject to a finding by the Secretary of irrigability of the lands to receive water. Authorizes appropriations. Declares certain lands in North Dakota to be held in trust by the United States for the TAT as part of the Fort Berthold Reservation. Retains for the United States a flowage and sloughing easement over a specified portion of such lands for flood control and related Garrison Dam and Reservoir project purposes. Requires the Secretary of the Army to: (1) sell certain lands and minerals underlying such lands, subject to the right of the United States to continuously or intermittently inundate such lands with water as necessary for the operation of dam and reservoir projects; and (2) give the right of first refusal to any applicant with respect to any land owned by such person immediately prior to its acquisition by the United States. Requires that any such lands sold be conveyed subject to any lease in effect with respect to such lands at the time of such conveyance. Declares certain lands to be held in trust by the United States for the SRST as part of the Standing Rock Indian Reservation. Transfers: (1) certain nontribal lands to those individuals from whom they were taken, or their assignees; and (2) certain lands acquired from the State of North Dakota to the State.
Bill· HRH.R. 2410 (102nd)referred
United States · United States Congress · 21 May 1991
ESOP Promotion and Improvement Act of 1991 - Amends the Internal Revenue Code to allow S corporations (certain small business corporations) to participate in employee stock ownership plans (ESOPs). Extends the ESOP exception to the ten percent early withdrawal penalty tax to certain ESOP distributions to employees made at any time. Permits ESOP participants whose compensation does not exceed a certain amount to contribute up to 50 percent of it to the plan. Allows ESOP closely-held corporate sponsors to pay estate tax if an estate transferred the stock of the corporation to an ESOP. Provides that ESOPs and cash or deferred arrangement plans may be combined for the benefit of employees. Amends the Securities Exchange Act of 1934 to allow employees additional time to bid for ownership of their employer if foreign interests are trying to buy such employer.
Bill· HRH.R. 2423 (102nd)referred
United States · United States Congress · 21 May 1991
National Campaign Review Board Act - Establishes the National Campaign Review Board to: (1) promulgate a fair campaign practices code for candidates in Federal elections; (2) encourage candidate compliance with such code; (3) provide a forum for code violation allegations; and (4) offer binding arbitration services when its preliminary findings regarding code violations are unsatisfactory to the candidates involved. Directs the Board to be guided by principles expressed in the Fair Campaign Practices Arbitration Rules and the Code of Fair Campaign Practices when formulating its fair campaign practices code. Permits the Board to accept fees for its services and donations from supporters (including candidates and political parties). Declares that the Board shall maintain tax exempt status notwithstanding its activities with respect to dispute resolution, arbitration and fair campaign practices code promulgation, and lobbying.
Bill· HRH.R. 2416 (102nd)referred
United States · United States Congress · 21 May 1991
Amends the Internal Revenue Code to require individuals claiming deductions for interest on seller-provided financing on a residence to include on their return the name, address, and taxpayer identification number of the person to whom the interest is paid.
Resolution· HRESH.Res. 157 (102nd)passed
United States · United States Congress · 21 May 1991
Waives points of order against the consideration of H. Con. Res. 121 (congressional budget for FY 1991 through 1996).
Bill· HRH.R. 2390 (102nd)referred
United States · United States Congress · 20 May 1991
Pension Coverage and Portability Improvement Act of 1991 - Title I: Portable Pension Plans - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to set forth definitions and requirements relating to portable pension plans. Defines a portable pension plan as a pension plan consisting of one or more simplified employee pensions (SEPs), individual retirement accounts (IRAs), individual account plans, or tax-deferred annuities which meet requirements for: (1) the amount contributed by employers on behalf of employees under specified Internal Revenue Code (IRC) provisions; and (2) portability under ERISA as amended by this Act. Requires for portability that a plan provides for: (1) distribution of all or part of the accrual benefit in the form of a direct transfer from the plan to a portable pension plan, pursuant to a written election any individual who has an accrued benefit under the plan (or the beneficiary of the dead individual), and spousal consent; and (2) acceptance, with respect to any individual, of any transfer to the plan of a plan distribution which is not includable in gross income, any plan distribution to such a plan which is not includable in gross income, or any direct transfer to such plan from any other SEP plan, portable pension plan, or specified plans under IRC which include a tax-exempt trust. Requires any portable pension plan providing for individual accounts to permit participants or beneficiaries to exercise control over the assets in their accounts as required by specified ERISA provisions and as determined by regulations of the Secretary of Labor. Requires distributions of the accrued benefit under portable pension plans to be made only: (1) in one of certain permitted standard retirement forms (but allows election of other forms under specified conditions); and (2) with the consent of the participant or beneficiary, and upon their timely written application, and in accordance with the terms of the plan. Requires the administrator of a portable pension plan to, immediately before making a distribution, provide to the individual who is to be the recipient a written explanation of: (1) possible taxes or penalties under IRC; (2) the applicable permitted retirement income form's terms and conditions; (3) the participant's right to elect another form; and (4) the rights of the participant's spouse. Directs the Secretary of Labor, in consultation with the Secretary of the Treasury, to prescribe one or more prototype portable pension plans, within 12 months after enactment of this Act. Outlines the types of persons or entities that may be plan sponsors of portable pension plans. Requires all employers, within 24 months after enactment of this Act, to provide for maintenance of an individual account plan into which employees may make salary reduction contributions. Allows employers to satisfy such requirement by: (1) amending an existing pension plan maintained by the employer to comply with portable pension plan requirements for such salary reduction contributions; (2) adopting a minimum-benefit pension plan providing for voluntary salary reduction contributions; or (3) adopting a separate portable pension plan, as described under this Act. Amends the IRC to set forth maximum salary reduction amount tax-deductible contribution limits for minimum-benefit portable pension plans. Requires, in a defined benefit plan, that the present value of accrued benefits of a participant in a minimum-benefit pension plan shall be determined by using an assumed interest rate of three percent. (Provides special transition rules, for the first consecutive three full plan years following enactment of this Act, under which such rate is six percent for the first year, five percent for the second year, and four percent for the third year.) Amends IRC to increase to 25 percent (from ten percent) the early withdrawal penalty tax on preretirement distributions of employee pension plan contributions that are not rolled over into an IRA or other qualified plan. Title II: Minimum Benefit Pension System - Requires employers to provide for the maintenance of a minimum-benefit pension plan in which all of their employees may be participants after completing one year of service with the employer. Allows employers to provide for such plan maintenance only by: (1) maintaining the plan; (2) adopting a prototype portable pension plan; or (3) entering into an agreement with one or more other employers, employee organizations, or both, under which such plan is maintained. Requires minimum-benefit pension plans to be described under specified IRC provisions, include a tax-exempt trust, and, with respect to employer maintenance: (1) for an individual account plan, have an employer contribution for each participant's account of at least six percent of their compensation paid by the employer for the plan year; or (2) for a defined benefit plan, have each participant's accrued benefit derived from employer contributions equal the greater of the accrued benefit under the plan, the present value of accrued benefits, or the amount of the participant's accrued benefit if the employer had made contributions to an individual account. Requires that all plans qualifying under specified IRC provisions to be taken into account in determining whether an employer meets such maintenance requirements. Grants a participant a nonforfeitable right to 100 percent of the part of the accrued benefit derived from employer contributions. Sets forth transition rules for such minimum-benefit pension system. Makes the employer contribution requirements inapplicable for the first plan year for which the employer provides such maintenance. Requires, with respect to applying such employer contributions requirements for the following three plan years, that such a plan be maintained by: (1) all employers of over 500 employees, for the first plan year; (2) all employers of over 100 employees, for the second plan year; and (3) all employers, for the third plan year. Requires with respect to the first three plan years in which an employer is required to maintain and contribute to such plan that the minimum portion of the employee compensation that must be equaled by such contribution be three percent for the first year, four percent for the second year, and five percent for the third year. Prohibits the minimum benefit (as described under the requirement for the present value of accrued benefits) from being diminished or offset in any way by other employee benefit plans or specified benefits under the Social Security Act. Amends the IRC to impose a tax on employers for failure to make minimum-benefit plan contributions. Sets such tax at 110 percent of the amount by which the required contribution exceeds that actually contributed for the year. Makes such minimum benefit pension system under title II of this Act effective 60 months after enactment of this Act unless: (1) the Secretary of Labor certifies to the Congress that at least 75 percent of full-time employees of employers covered by ERISA are active participants in portable pension plans as defined under title I of this Act meet minimum-benefit pension plan requirements established in title II of this Act; (2) the Congress is persuaded by the Secretary's findings that the goals of universal pension coverage and improved pension portability in the private pension system have been substantially achieved; and (3) this title II is repealed by a simple majority vote of both Houses of the Congress. Directs the Secretaries of Labor and of the Treasury to issue regulations and procedures for enactment of this Act within 12 months after its enactment.
Bill· HRH.R. 2409 (102nd)referred
United States · United States Congress · 20 May 1991
Amends the Internal Revenue Code to extend the period (by two years after the date on which the Secretary issues a determination letter) for which pension distributions made in connection with the sale of a subsidiary corporation are eligible for rollover treatment.
Resolution· HRESH.Res. 156 (102nd)passed
United States · United States Congress · 17 May 1991
Sets forth the rule for consideration of H.R. 2100 (armed forces funding).
Bill· SS. 1085 (102nd)referred
United States · United States Congress · 16 May 1991
Prohibits the mandatory withholding of State income taxes from the pay of certain Federal employees whose regular place of employment is at the Portsmouth Naval Shipyard, Portsmouth, New Hampshire, except upon an employee's request, until the boundary dispute between New Hampshire and Maine is settled.
Bill· HRH.R. 2369 (102nd)referred
United States · United States Congress · 16 May 1991
Establishes the Flint Hills Prairie National Monument in Kansas to: (1) preserve a part of the tallgrass prairie; (2) protect the area's unique environmental features; and (3) interpret specified characteristics of such area. Requires the Secretary of the Interior to publish a management plan for such monument. Makes units of local government in which lands acquired for purposes of the monument are located eligible for payments in lieu of taxes. Establishes the Flint Hills National Monument Advisory Commission to advise: (1) the Secretary on the development of a management plan; and (2) on the management and operation of the monument. Authorizes appropriations.
Bill· HRH.R. 2373 (102nd)referred
United States · United States Congress · 16 May 1991
Escrow Deposit Act of 1991 - Amends the Real Estate Settlement Procedures Act of 1974 to prohibit a servicer or lender that has established an escrow account in connection with a federally related mortgage loan from requiring a borrower to deposit in such account a sum exceeding one sixth of the estimated real estate carrying charges (i.e. taxes, insurance premiums, and so forth). States that the statutory limitations placed upon advance escrow deposits shall not be construed: (1) to require or permit deposits based on one sixth of each of the estimated real estate carrying charges during a 12-month period, or in any other manner that results in an additional escrow balance exceeding the statutory limit; (2) to require any escrow deposit; or (3) to require any particular deposit amount. Sets forth a minimum mandatory interest rate to be paid by the servicer of such accounts. Establishes a right of action to enforce borrower rights under such Act including, at the court's discretion, the award of litigation expenses to the prevailing party.
Bill· HRH.R. 2375 (102nd)referred
United States · United States Congress · 16 May 1991
Health Insurance for Children and Mothers Act of 1991 - Establishes a health insurance program under a new title XXI of the Social Security Act which is to be financed by an increase in the payroll tax paid by employers and employees and cover children under age 23 and pregnancy-related care for all women. Provides the same benefits to children as are provided to individuals entitled to benefits under part A (Hospital Insurance) and enrolled under part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act. Waives the application of deductibles, coinsurance, or copayments to normal newborn care, pediatrician services for high-risk deliveries, routine office visits, routine immunizations, routine laboratory tests, and preventive dental care provided to children under title XXI. Covers prenatal care, inpatient labor and delivery services, postnatal care, and postnatal family planning services for all women under title XXI without the application of deductibles, coinsurance, or copayments. Requires peer review organization authorization prior to the delivery of such pregnancy-related items and services which are not routine, common, or delivered in exigent circumstances. Sets forth payment provisions which include an incentive for first trimester prenatal care and a disincentive for cesarean sections. Establishes the Children and Mothers Health Insurance Trust Fund which shall be administered by the Board of Trustees of the Federal Hospital Insurance Trust Fund and into which funds collected by the increase in the payroll tax shall be paid. Makes various provisions regarding the administration of the Medicare program applicable to the health insurance program for children and mothers under title XXI.
Bill· SS. 1081 (102nd)open
United States · United States Congress · 15 May 1991
Water Pollution Prevention and Control Act of 1991 - Amends the Federal Water Pollution Control Act to revise the authorized activities of the Administrator of the Environmental Protection Agency with respect to water pollution control and investigations. Establishes a National Water Quality Research Committee to advise the Administrator on research activities. Requires the Committee to report annually to the Congress on: (1) research conducted in the preceding year; (2) highest priority research needs for the following five-year period; (3) planned research activities; and (4) opportunities to coordinate Federal and State research. Directs the Administrator to conduct research and investigations of, and survey the results of other scientific studies on, the harmful effects of water pollutants on fish, shellfish, and wildlife. Authorizes appropriations for water pollution research and investigations. Earmarks specified amounts of such appropriations for a small flows clearinghouse and for the Committee. Requires the Administrator (currently, the Secretary of the department in which the Coast Guard is operating) to conduct research concerning solid waste disposal equipment for vessels. Directs the Administrator to conduct research into fresh water aquatic ecosystems and on the nature of river systems (currently, authorizes the Administrator to make grants to colleges and universities and River Studies Centers, respectively, for conducting such research). Removes a limitation on the maximum amounts of grants for river system research. Revises provisions concerning grants for research and development to require the Administrator to establish a program to demonstrate practices for the prevention and control of industrial and municipal sources of water pollution. Authorizes the Administrator to make grants or enter into contracts with persons to develop or demonstrate such practices. Sets forth conditions for the receipt of such assistance. Requires the Administrator to publish annual solicitations for proposals to demonstrate practices which may be effective in controlling sources of water pollution. Sets forth application and approval procedures. Limits the amount of Federal funding for projects. Authorizes appropriations. Authorizes appropriations for grants to States for water pollution control programs for FY 1991 and 1992. Sets forth minimum requirements for State water pollution control programs. Requires 75 percent of appropriations to be allotted to States on the basis of the water pollution problem in the respective States. Directs the Administrator to assure that the allocation of funds to a State in any fiscal year is not less than the amount allocated to such State in FY 1991. Makes 25 percent of appropriations available for grants to States for innovative programs for the control and prevention of water pollution which have application to other States. Requires States to contribute non-Federal funds to such grants. Authorizes States to reserve up to 20 percent of such grants to support: (1) costs of any interstate water pollution control agency; and (2) participation by substate regional agencies in water quality planning activities. Revises conditions for the receipt of grants and sets forth State reporting requirements. Revises provisions concerning training grants and contracts to require the Administrator to: (1) implement a national program to train persons in the operation of municipal and industrial wastewater treatment works and other facilities whose purpose is water quality control; (2) make grants to, or contracts with, institutions of higher education to support such programs; and (3) publish guidance on the minimum elements of such programs. Directs the Administrator to award training grants to at least ten institutions of higher education in each fiscal year. Provides for the triennial review of such programs. Directs the Administrator to implement a program to certify the proficiency of operators of publicly owned wastewater treatment works. Requires operators and other designated personnel to be certified as proficient by the Administrator. Directs the Administrator to publish: (1) guidelines on minimum standards for certification; and (2) a Treatment Works Operator's Manual. Provides for certification fees. Authorizes the delegation of the authority for a certification program to a State if the State is qualified to operate the program and will provide the Administrator with requested information. Permits the transfer of an individual's certification from one treatment works to another. Makes certifications valid for a five-year period. Permits recertification for an additional five years provided that the individual: (1) complies with in-service training and related education; and (2) has remained in the applicable position for four years of the five-year certification period. Prescribes civil penalties for violations of certification requirements. Requires institutions of higher education, in addition to other requirements for receiving scholarships for persons planning to enter occupations involving treatment works, to have participated in the treatment works training program and to assure representation of minorities and women in the scholarship program. Authorizes appropriations for FY 1991 and 1992 to carry out the operator training and scholarship programs. Reserves a specified amount of funds for the scholarship program. Authorizes the Administrator to make grants for training in technical matters related to pollution causes, prevention, and elimination. Requires (currently, authorizes) the Administrator to establish research fellowships and maintain a system for forecasting the supply of, and demand for, occupational categories needed for the prevention, reduction, and elimination of pollution. Revises provisions concerning effluent guidelines to require the Administrator to promulgate effluent guidelines applicable to point sources which discharge pollutants into navigable waters. Sets forth requirements for such regulations. Repeals a provision authorizing the modification of a timetable with respect to effluent limitations. Requires effluent guidelines to be reviewed and revised at least every seven years (currently, five years). Directs the Administrator to revise such guidelines on an earlier date if advances in pollution control technology or practices would achieve a significant reduction in the quantity of toxicity of pollutants discharged to navigable waters and such advances are technologically and economically achievable. Requires the Administrator to promulgate or revise standards of performance for new sources in a category whenever effluent guidelines for such category are promulgated or revised. Provides for the review and revision of such standards at least every seven years. Requires sources with pollutant discharge permits and sources introducing pollutants into publicly owned treatment works to pay fees to the Administrator to meet costs of developing effluent guidelines and new source performance standards. Bases the assessment of fees on the volume and toxicity of the discharge. Modifies or waives such fees for small businesses or for reasons of financial hardship. Modifies such fees for sources demonstrating new or innovative technology or allowing the Administrator such access as will facilitate the full development of the guideline or standard. Makes assessments and penalties available only for the development of effluent guidelines and new source performance and pretreatment standards. Makes applicants for permits to operate pursuant to an effluent guideline who have failed to pay applicable assessments liable for penalties. Revises provisions concerning the Effluent Standards and Water Quality Information Advisory Committee. Requires the Committee to: (1) advise the Administrator in the development of effluent standards, new source performance standards, categorical pretreatment standards, secondary treatment standards, and related information and guidelines; and (2) review effluent guideline plans. Directs the Administrator to: (1) publish biennial guidelines for States to follow in issuing contaminated finfish and shellfish consumption advisories to protect recreational and subsistence fishermen; and (2) provide technical assistance to States to support implementation of the guidelines and to educate the public on the risks of consumption of contaminated fish and shellfish. Requires the Administrator, in developing water quality criteria and information, to: (1) consider the factors necessary to restore and maintain the chemical, physical, and biological integrity of water bodies; (2) consider the factors necessary to assure the protection of public water supplies, provide for the protection and propagation of a balanced, indigenous population of fish, shellfish, and wildlife, and provide for recreation in and on the water; and (3) identify numerical pollutant concentration limits for varying types of receiving waters sufficient to assure attainment of all designated uses. Authorizes the Administrator to establish biological monitoring and assessment methods for pollutants. Requires the Administrator to publish biennially a list of conventional, nonconventional, and toxic pollutants. Directs the Administrator to submit a plan for the development of water quality criteria and information to the Congress on a triennial basis. Requires the first plan to provide for: (1) publication of criteria and information for at least 20 pollutants for which criteria and information are not currently available in each fiscal year; (2) revision of at least 20 existing criteria documents to address the needs of lakes and marine waters; and (3) publication of at least 20 criteria documents for pollutants in aquatic sediments. Directs the Administrator to publish: (1) at least 60 criteria documents within four years of this Act's enactment date; and (2) a criteria document for whole effluent toxicity. Requires States to designate uses for all water bodies for which uses have not been designated. Includes within the water bodies for which uses shall be designated rivers and streams, lakes, estuarine water bodies, and waters of the contiguous zone. Applies use designations to the waters and aquatic sediments of water bodies. Requires water bodies not currently designated to support the goal of fishable, swimmable waters to be designated by a specified deadline. Authorizes the Administrator to extend a designated use for a water body for three years based on a showing by a State that attainment and maintenance of fishable, swimmable waters: (1) is not feasible because naturally occurring pollutant concentrations prevent attainment of the use or human caused sources of pollution prevent attainment and would cause more environmental harm to correct than to leave in place; or (2) would result in substantial and widespread social and economic impacts. Requires States to adopt water and sediment quality standards adequate to protect designated uses. Sets forth standards requirements. Authorizes States to adopt biological monitoring and assessment methods for a class of pollutants affecting a water body. Directs a State to: (1) adopt standards for pollutants for which water quality criteria and information are published; (2) notify States which border on the waters of such State and States with water bodies located upstream from the State of changes in standards; and (3) report revisions or adoptions of uses or standards to the Administrator. Sets forth approval and review procedures for designations and standards. Requires the Administrator to promulgate uses or standards for States that fail to comply. Directs the Administrator to designate uses of waters of the contiguous zone and the ocean and to adopt standards for such waters for each pollutant for which criteria and information have been published. Provides for the biennial review of a State's water quality planning process. Prohibits the Administrator from making grants for water pollution control programs to States without approved planning processes. Deletes provisions concerning thermal discharges and heat standards. Requires States to implement antidegradation policies. Directs the Administrator to implement such policies for States without approved policies. Sets forth policy requirements. Requires States to implement programs to protect outstanding national resource waters. Directs the Administrator to designate such waters for States that fail to do so. Requires State antidegradation policies to assure that waters of ecological significance meet water and sediment quality standards. Directs States to conduct antidegradation reviews for water bodies: (1) prior to issuing permits to sources authorizing new or increased pollutant discharges to such water bodies; and (2) whenever existing sources increase the mass or concentration of discharges to such water bodies by more than de minimis amounts to assure that the antidegradation policy is not violated. Permits water quality standards to be exceeded in mixing zones. Requires States to establish a schedule (not to exceed five years) for the development of total maximum daily loads for pollutants for which criteria and information are published in water bodies in which designated uses or standards are not attained. Directs the Administrator or an authorized State, in the case of water bodies for which individual control strategies are developed, to: (1) provide that permits issued to point sources discharging to such waters include specified authorities; (2) issue permits for industrial and municipal discharges of stormwater to such waters; (3) prohibit the specification of an area as a disposal site and restrict the use of such area; (4) prohibit the discharge of sewage from vessels; (5) give priority to the selection of such waters for specified management conferences; and (6) prepare management programs for watershed areas of waters for States without approved assessment and/or management programs for an affected water body. Requires States to conduct and report biennially to the Administrator on programs to monitor the quality of navigable waters. Establishes a Water Quality Monitoring Council to assure the coordination of Federal and State water quality monitoring programs. Requires the Administrator to: (1) issue annual guidance for the coordinated implementation of such programs; and (2) submit a strategy for such implementation to the Congress. Authorizes appropriations. Permits the Administrator to prohibit the discharge of specified pollutants from point sources to protect public health or the environment. Directs the Administrator to publish regulations prohibiting the discharge of, and to establish bioaccumulation factors for, the following pollutants: (1) Aldrin/Dieldrin; (2) DDT; (3) Endrin; (4) Toxaphene; (5) Benzidine; (6) polychlorinated biphenyls; (7) 2,3,7,8, TCDD; and (8) mercury. Requires the Administrator to: (1) publish procedures for determining the bioaccumulation factor of toxic pollutants; and (2) publish regulations prohibiting the discharge of highly toxic and bioaccumulative pollutants. Exempts publicly owned treatment works from discharge prohibitions if compliance is technologically infeasible. Permits persons to petition for the prohibition of a pollutant discharge. Prohibits the Administrator from registering a pesticide pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act until the registrant submits sufficient information to assess the toxicity of the pesticide. Provides for: (1) the addition to, or removal from, such list of pollutants; and (2) the review and revision of such list at least every five years. Requires the Administrator to remove ammonia and chlorine from the list of nonconventional pollutants and to add them to the list of toxic pollutants. Revises provisions concerning pretreatment standards to require the Administrator to promulgate pretreatment standards and local limits for the introduction of toxic and nonconventional pollutants into treatment works. Sets forth requirements for such standards. Directs the Administrator to promulgate pretreatment standards for each category of sources for which effluent guidelines but no pretreatment standards have been promulgated, unless such sources will not introduce pollutants into publicly owned treatment works. Authorizes the Administrator to promulgate pretreatment standards for sources regardless of whether effluent guidelines have been promulgated. Provides for the review and revision of pretreatment standards at least every seven years. Requires compliance with such standards within three years of the date on which the standards are promulgated. Directs control authorities to establish local limits for the pretreatment of all toxic and nonconventional pollutants introduced into a publicly owned treatment works by industrial users. Requires limits to be established for industrial users not subject to a national pretreatment standard. Requires compliance by control authorities within five years of this Act's enactment date. Prohibits the issuance of permits to publicly owned treatment works after such deadline unless such permits include requirements to enforce local limits. Makes it unlawful to introduce pollutants that are hazardous wastes into treatment works. Revises State permit requirements for discharges from publicly owned treatment works. Authorizes civil actions to be brought for past violations of effluent standards or limitations. Grants district courts discretion to order civil penalties to be used for projects to enhance public health or the environment by restoring or improving water quality or wildlife or habitat damaged as a result of the violation. Prescribes civil and criminal penalties for violations of pretreatment requirements. Requires public notice to be provided with respect to noncomplying major dischargers. Authorizes the Administrator to withhold up to 25 percent of funds for water pollution control programs from a State unless the State has adequate authority to abate violations of specified permits and pretreatment requirements applicable to industrial users of publicly owned treatment works. Requires treatment works serving populations greater than 50,000 persons to submit Toxic Reduction Action Programs to the Administrator. Sets forth program requirements. Requires treatment works to give priority to sources violating water quality standards in implementing influent interdiction programs. Sets forth approval procedures. Provides that such programs shall be valid for five years and may be reviewed, revised, and resubmitted after such period. Requires the Administrator to adjust the amount of permit fees for treatment works to reflect the degree of pollutant reduction accomplished. Directs the Administrator to publish guidelines specifying elements of nonpoint pollution management programs. Withholds nonpoint source management grants and Federal highway assistance (with specified exceptions) from States without approved nonpoint source management programs. Extends the authorization of appropriations for such grants and for grants for protecting groundwater quality through FY 1993. Requires priority consideration to be given to watersheds of impaired water bodies in soil conservation programs of the Department of Agriculture. Makes watersheds of such water bodies eligible for enrollment in a specified agricultural water quality protection program. Authorizes the Secretary of Agriculture to acquire easements for cropland located within watersheds of impaired water bodies. Requires the Secretary to designate such watersheds as conservation priority areas. Directs the Administrator to issue regulations concerning the control of nonpoint sources of pollution on all lands managed or owned by the Federal Government. Prohibits the manufacturing and distribution for sale within the United States of any commercial fertilizer without taking precautions for protection of water quality. Sets forth requirements with respect to such fertilizers. Requires the Administrator to prepare an annual list and description of significant water resource areas. Authorizes persons to petition for the inclusion of a water body on such list. Revises provisions concerning rural nonpoint source pollution management. Requires the Administrator to establish management conferences to assess environmental quality in major river systems and develop management plans for such systems. Provides that management conferences shall be convened for periods of up to five years. Directs the Administrator to select river systems for inclusion in the program. Sets forth conditions for priority consideration for the program. Authorizes State Governors to nominate any system within a State as a river system of national significance and request a management conference for such system. Requires the Administrator to give priority consideration for inclusion in the system to the Hudson River, the Susquehanna River, the Delaware River, the Rio Grande, and the Columbia River. Sets forth minimum requirements of conservation and management plans required under such conferences. Authorizes the Administrator to implement: (1) a program of monitoring to determine the physical, biological, and chemical conditions of a river system; (2) a program of ecosystem assessment; and (3) a research program to identify the movement of pollutants through the river system and the impact of pollutants on water quality, the ecosystem, and uses of the waters. Permits the Administrator to make grants to support management conferences. Limits and places conditions on such grants. Prohibits the issuance of a permit unless the applicant demonstrates a need to discharge based on the maximum use of measures to eliminate the discharge or reduce the volume and toxicity of pollutants within the economic capability of the owner or operator. Provides that State permit programs shall insure that permits with remaining terms of three or more years are revised to incorporate new or revised effluent limitations or other standards promulgated after the issuance of such permits. Prohibits the issuance of new permits for new discharges into navigable waters to persons who own, lease, or operate two or more facilities that are not in compliance with permits. Requires new facilities to obtain discharge permits prior to the construction of such facilities. Authorizes the Administrator to deny permits for discharges into the territorial sea, the waters of the contiguous zone, the oceans, or waters not attaining water quality standards if such discharges can be expected to adversely affect the protection and propagation of a balanced, indigenous population of shellfish, fish, and wildlife and recreational activity in and on the water. Deems existing exemptions to limitations concerning biological discharge criteria to be invalid. Adds waters not attaining water quality standards to the list of waters for which the Administrator is required to promulgate guidelines to determine degradation and biological discharge criteria. Requires State permit programs to provide for the termination or modification of a permit if a State other than that in which the source is located provides notice that the permitted discharge is causing a substantial violation of a water quality requirement or adversely affecting public health. Directs the Administrator to take specified actions if a State does not accept the recommendations of the State whose waters are affected by the discharge. Requires States in which there are discharges of overflows from combined storm water and sanitary sewers into navigable waters to submit biennially to the Administrator an inventory of such discharges which shall: (1) identify the location of each discharge and the affected waterbody; (2) identify the entity responsible for the discharge; (3) identify the permit for the discharge; (4) identify the estimated volume and pollutant loading of the discharge over a one-year period; (5) assess the proportion of the volume of the combined discharge to the volume capacity of the appropriate treatment works over a specified time period; and (6) identify the nature and status of any existing programs to eliminate discharges. Directs such entities to submit to the Administrator a program and schedule for the elimination of such discharges. Outlines program requirements and procedures for approval and modification. Makes entities which fail to implement such programs subject to penalties. Directs the Administrator or an authorized State to modify or issue permits for discharges of combined sewers. Requires the Administrator to publish guidance describing best management practices and other measures for the elimination of combined storm water and sanitary sewer overflows. Authorizes the Administrator to make grants for the development of surveys of combined sewer overflows and for the development and implementation of overflow elimination plans. Sets forth grant approval and allocation procedures. Limits the Federal share of the cost of such programs. Provides for the establishment of a water pollution control revolving fund for States which implement a combined storm water and sanitary sewer elimination program. Requires the Administrator to publish information establishing the degree of percentage removal attainable through the application of secondary treatment where a treatment works receives flows from combined sanitary and storm water sewers. Requires States administering discharge permit programs to require owners or operators of point sources subject to permit requirements to pay annual fees to cover at least 60 percent of the costs of administering the point source elements of water quality programs. Sets forth provisions concerning the amount of fees. Requires the Administrator to collect fees if a State is not enforcing a fee program. Makes sources that fail to pay fees liable for payment of fees and penalties. Withholds 50 percent of pollution control assistance from a State that fails to comply with permit fee requirements. Prohibits the firing of, or discrimination against, any employee who refuses to perform duties that would constitute a violation of the Federal Water Pollution Control Act or would result in serious injury to the public. Requires the Administrator to assess the cost of construction of public facilities needed to accomplish the water quality goals of this Act. Increases the amount of sums to be reserved for waste treatment management plans, sewage treatment works, and nonpoint source programs for Indian tribes. Authorizes the Administrator to make grants for such assistance in amounts of up to 100 percent of the project cost. Requires the Administrator to report to the Congress biennially on the need for sewage treatment works to serve Indian tribes. Directs the Administrator to make grants to support the administration of water quality programs by Indian tribes treated as States. Permits the Administrator to make grants to Indian tribes to support development of authorities necessary for such treatment. Sets forth provisions concerning the allocations of such grants and limitations on the Federal share of the costs of such programs. Makes State water pollution control revolving loan funds available to Indian tribes for construction of publicly owned treatment works. Directs the Administrator to issue permits for discharges to navigable waters on Federal Indian reservations unless the Indian tribe has been delegated authority to issue permits. Requires persons with discharge permits who are required to file annual toxic chemical release forms under the Superfund Amendments and Reauthorization Act of 1986 to conduct environmental audits to establish and improve compliance with permit requirements. Provides that environmental audits shall be conducted by persons certified under this Act. Directs the Administrator to establish requirements concerning such audits and to notify facilities required to prepare audits. Requires the Administrator, in notifying such facilities, to give priority to facilities at which: (1) there is a history of noncompliance with permits; (2) discharges contribute to violations of water quality standards; (3) discharges are of significant volume or toxicity; and (4) there are discharges to several environmental media. Directs the Administrator to publish guidance concerning methods for the design and implementation of environmental monitoring and audits. Prescribes civil or criminal penalties for audit violations. Sets forth provisions concerning the confidentiality of information obtained from facilities subject to audit requirements. Prescribes civil penalties for the disclosure of protected information. Lists information not entitled to protection. Requires the Administrator to develop: (1) programs for the training and certification of individuals conducting audits; and (2) a general manual of methods for environmental monitoring, compliance assessment, and environmental auditing. Limits certifications to a period of ten years. Permits the Administrator to collect fees for training and certification programs. Requires the Administrator to provide for oversight and evaluation of audits and for random tests of the accuracy of data and analyses conducted by organizations certified to conduct audits. Provides for revocations of certifications, or permanent barring, of organizations with repeated audit inaccuracies. Requires the modification of permits based on measures recommended in audits. Directs the Administrator to: (1) negotiate with representatives of the Government of Mexico to establish a program to prevent pollution and to monitor and improve water quality in the U.S.-Mexican border region; (2) determine which water bodies in the region are not in compliance with designated uses; (3) determine the sources of pollutants causing impairment of such water bodies and the amounts of pollutants discharged; and (4) assess the need for sewage treatment works to serve such region and the degree to which such needs will be met through certain funds allotted to States. Extends the general authorization of appropriations for the Federal Water Pollution Control Act through FY 1998. Establishes a Clean Water Fund to support the implementation of specified water pollution control programs. Sets forth Fund allotment requirements. Authorizes appropriations. Authorizes appropriations through FY 1992 (currently, FY 1996 and FY 1995, respectively) for implementation of the Long Island Sound Comprehensive Conservation and Management Plan and the Lake Champlain Management Conference. Revises a condition on the use of a State water pollution control revolving fund to make loans to provide that the costs of administering the fund shall not exceed four percent of all capitalization grants (currently, all grant awards to the fund). Permits capitalization grants to American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, the Trust Territory of Palau (or its successor entity), the Virgin Islands, and the District of Columbia to be used for grants for the construction of treatment works. Continues the allotment of funds under the current formula through FY 1996. Requires the Administrator to: (1) reserve a specified percentage of funds for incentive capitalization grants; and (2) make such grants to any State which, after FY 1992, deposits moneys in an amount equal to that deposited in FY 1991 in a water pollution control revolving fund. Directs States to deposit awards in such funds. Adds to the list of conditions under which water pollution control revolving funds may make loans that loans for publicly owned treatment works utilizing innovative treatment processes may be made at or below market interest rates at terms not to exceed 40 years. Prohibits more than five percent of the capitalized value of a fund from being used to provide such assistance. Sets forth provisions concerning the use of unobligated funds. Revises repayment requirements for loans made from State revolving funds to require annual principal and interest payments to commence within three (currently, one) years after completion of a project. Permits such loans to be made to reduce the principal of debt obligations by at least 85 percent where such obligations were incurred after May 15, 1991, and where the State has determined that the municipality, intermunicipality, or interstate agency would not be able to afford to undertake a project with assistance. Requires value engineering reviews to be conducted for any treatment works construction projected in excess of $20,000,000 (currently, $10,000,000).
Bill· SS. 1075 (102nd)referred
United States · United States Congress · 15 May 1991
Clean Campaign Financing Act of 1991 - Amends the Internal Revenue Code to allow a tax credit of 50 percent of contributions to congressional candidates. Limits such credit to $100 ($200 in the case of a joint return).
Bill· HRH.R. 2349 (102nd)open
United States · United States Congress · 15 May 1991
Mowa Band of Choctaw Indians Recognition Act - Extends Federal recognition and associated services and benefits to the Mowa Band of Choctaw Indians of Alabama. Restores Federal rights and privileges abrogated by earlier statutes. Approves and ratifies the cession to the United States of all historical tribal lands of the Band. Regards such cession as an extinguishment of all interests of the Band, if any, in such lands. Extinguishes all specified claims against the United States, a State or local government, or any other person or entity, by the Band arisinig subsequent to such cession, and based upon any interest in or right involving the land. Prohibits the Band from using its Federal recognition to assert any historical land claim. Provides that nothing in this Act alters any obligations: (1) with respect to property; (2) under any contract; or (3) to pay a tax levied before its enactment. Transfers all interests in lands held by the Band to the United States to be held in trust for the benefit of the Band. Requires the Band to transfer to the United States any interest in lands acquired after enactment of this Act. Provides that such lands shall constitute the Band's reservation. Authorizes the Band to adopt a constitution that will take effect only after being filed with the Secretary of the Interior. Limits membership in the Band, until a constitution is adopted, to every individual who: (1) is named in the tribal membership roll in effect on the enactment of this Act; or (2) is a descendant of any such individual. Provides that membership will be determined according to the constitution after its adoption.
Bill· HRH.R. 2354 (102nd)referred
United States · United States Congress · 15 May 1991
Victims Justice Act of 1991 - Repeals: (1) the current $150,000,000 cap on the Crime Victims Fund under the Victims of Crime Act of 1984; and (2) sunset provisions under such Act. Modifies the formula for the distribution of sums deposited into the Fund to provide that: (1) seven percent of the total funds deposited in a fiscal year shall be available for child abuse prevention and treatment grants; (2) four percent shall be available for training and technical services to victim assistance programs and for financial support of services to crime victims by victim assistance programs; and (3) 89 percent shall be available for crime victim compensation and victim assistance programs. (Current law provides a complex formula for the distribution of funds depending on the amount deposited in the Fund.) Authorizes the Director of the Office for Victims of Crime to retain any amount in excess of 110 percent of the total deposited in the previous fiscal year as a reserve for those years in which there is a shortfall in the Fund, provided that the reserve not exceed $20,000,000. Provides that the first $6,200,000 above $150,000,000 deposited in the Fund through FY 1995, and the first $3,000,000 for each fiscal year thereafter, shall be available to the judicial branch for administrative costs. Increases the Federal share of victim compensation programs from 40 to 45 percent of the amounts awarded by each program during the preceding fiscal year. Allows up to five percent of a victim compensation program grant to be used for administrative costs. Specifies that if the compensation paid by an eligible crime victim compensation program would cover costs that a Federal program, or a federally financed State or local program, would otherwise pay: (1) such victim compensation program shall not pay such compensation; and (2) the other program shall make its payments without regard to the existence of the crime victim compensation program. Authorizes the Director to use unspent compensation funds for assistance programs in either the year such funds are not spent or in the following year. Requires crime victim assistance chief executives to give particular attention to children who are victims of violent street crime. Authorizes the use of grants under this Act for demonstration projects. Allows up to five percent of a victim assistance program grant to be used for administrative costs. Makes biannual reports under such Act due on May 31 (currently, such reports are due December 31). Requires grantees to certify that no grant funds will be used to supplant State and local funds, but rather will supplement those otherwise available funds.
Bill· HRH.R. 2366 (102nd)open
United States · United States Congress · 15 May 1991
Economic Adjustment Assistance Authorization Act of 1991 - Amends the Defense Economic Adjustment, Diversification, Conversion, and Stabilization Act of 1990 to make permanent and remove the fiscal year dollar limitations on authorizations of appropriations for: (1) economic adjustment assistance to communities substantially and seriously affected by defense contract cancellations or cutbacks; and (2) defense conversion adjustment program grants.
Bill· HRH.R. 2348 (102nd)referred
United States · United States Congress · 15 May 1991
Public Service Accountability Act of 1991 - Amends the Ethics in Government Act of 1978 to require Federal officials who are required to file financial disclosure statements to report specific dollar amounts rather than categories of value. Requires financial disclosure reports to include a statement of the reporting individual's net worth and a copy of such individual's Federal tax return for the preceding taxable year.
Bill· HRH.R. 2361 (102nd)referred
United States · United States Congress · 15 May 1991
Amends the Internal Revenue Code to allow farmers' cooperatives to elect to treat as ordinary income or loss certain capital gains and losses from the disposition of assets used in conducting business with or for patrons.
Bill· HRH.R. 2359 (102nd)referred
United States · United States Congress · 15 May 1991
Economic Resurgence and Jobs for America Act - Title I: Investment Tax Credit - Amends the Internal Revenue Code to reinstate a five-percent investment tax credit for property placed in service after December 31, 1991. Repeals provisions of the Revenue Reconciliation Act of 1990 concerning the elimination of expired or obsolete investment tax credit provisions. Title II: Capital Gains Tax Reduction - Amends the Internal Revenue Code to reduce the individual and corporate capital gains rate from 34 percent to 15 percent. Reduces such tax to 7.5 percent for low- and middle-income taxpayers. Provides for the phaseout of personal exemptions and the overall limitation on itemized deductions to take into account adjusted gross income which has been reduced by net capital gain. Requires indexing, based on the gross national product deflator, of the adjusted basis of certain assets (corporate stock and tangible property that is a capital asset of property used in a trade or business) that have been held for more than one year at the time of sale or other transfer, solely for the purpose of determining gain or loss. Provides for indexing the limitation on capital losses of noncorporate taxpayers.
Bill· SS. 1056 (102nd)referred
United States · United States Congress · 14 May 1991
Excellence in Public Architecture Act of 1991 - Amends the Federal Property and Administrative Services Act of 1949 to require the Administrator of the General Services Administration, no later than March 1, 1992, and no later than each March 1 thereafter, to submit to the Commission of Fine Arts and the Congress a list of all public building projects for which architectural and engineering services for building design and site planning will be procured for the fiscal year. Directs the Administrator, no later than October 1, 1992, to issue model rules under which competitions for such services will be conducted. Increases from six percent to no more than eight percent of total contract costs that can be allocated for such services.
Bill· SS. 1061 (102nd)open
United States · United States Congress · 14 May 1991
Amends the Internal Revenue Code with respect to the valuation of farm land for estate tax purposes, permitting a qualified heir to enter into a cash lease of farm or other real property with a family member and still have the property valued under use value principles rather than according to its highest and best use.
Bill· SS. 1045 (102nd)open
United States · United States Congress · 14 May 1991
Amends the Internal Revenue Code with respect to the valuation of farm land for estate tax purposes, permitting a surviving spouse or lineal descendant to enter into a cash lease of farm or other real property with a family member and still have the property valued under use value principles rather than according to its highest and best use.
Bill· SS. 1066 (102nd)open
United States · United States Congress · 14 May 1991
Department of Defense Authorization Act, 1992-1993 - Title I: Procurement Authorization of Appropriations - Authorizes appropriations for FY 1992 and 1993 to the Army, Navy and Marine Corps, and Air Force for aircraft, missiles, weapons and tracked combat vehicles, ammunition, shipbuilding and conversion, and for other procurement. Authorizes appropriations for: (1) FY 1992 and 1993 for procurement for the defense agencies; (2) FY 1992 for procurement for the Defense Inspector General; and (3) FY 1992 and 1993 for the chemical demilitarization program (the destruction of lethal chemical weapons). Title II: Research, Development, Test, and Evaluation - Authorizes appropriations for FY 1992 and 1993 for research, development, test, and evaluation (R&D) for the armed forces and the defense agencies. Title III: Operation and Maintenance Authorization of Appropriations - Authorizes appropriations for FY 1992 and 1993 for operation and maintenance for the Army, the Navy, the Marine Corps, the Air Force, the defense agencies, the reserves, the National Guard, the National Board for the Promotion of Rifle Practice, the Defense Inspector General, drug interdiction and counter-drug activities, defense, the Court of Military Appeals, environmental restoration, and for humanitarian assistance. Authorizes appropriations for FY 1992 and 1993 for working capital funds for the armed forces and the defense agencies. Title IV: Military Personnel Authorizations for Fiscal Years 1992 and 1993 - Part A: Active Forces - Authorizes end strengths for active-duty forces for FY 1992 and 1993. Part B: Reserve Forces - Authorizes end strengths for reserve components of the armed forces for FY 1992 and 1993. Authorizes the Secretary of Defense to vary such end strengths in a limited amount. Authorizes end strength reductions for the Selected Reserve for each such fiscal year, as prescribed. Authorizes increases for each such fiscal year in the number of certain personnel authorized to be on active duty in support of the reserve forces. Part C: Military Training Student Loads - Authorizes the average military training student loads for FY 1992 and 1993. Provides for the adjustment of such student loads consistent with manpower strengths as authorized under this Act. Title V: General Provisions - Repeals: (1) a Federal provision requiring a separate budget request for reserve and National Guard procurement in each annual defense budget submitted to the Congress; (2) the current limitation on the number of military and civilian personnel assigned to headquarters and non-management headquarters and support activities within the Department of Defense (DOD); and (3) a requirement for the authorization of civilian DOD personnel by end strength. Revises the submission date of a report required under the National Defense Authorization Act for Fiscal Years 1990 and 1991 concerning annual defense outlays. Directs the Secretary of Defense to establish in DOD a Defense Business Operations Fund to finance operations within or among DOD departments and agencies, including: (1) the financing and furnishing of inventories and supplies; and (2) the performance of industrial, commercial, and support activities. Establishes such Fund in the Treasury and provides for debits, credits, and authorized Fund uses. Provides transition provisions for defense working capital funds affected by the creation of the Fund. Establishes in the Treasury the Lease Replacement Fund, Defense (Lease Fund), to be available for the rehabilitation, construction, and renovation of property and facilities owned by DOD which are determined to be suitable, available, or needed for utilization as replacement facilities for facilities being leased by or on behalf of DOD. Authorizes the transfer of appropriations for funding the Lease Fund. Authorizes appropriations for FY 1992 and 1993. Repeals a provision of the National Defense Authorization Act for Fiscal Year 1991 which provides funding for the Navy for the V-22 aircraft program. Repeals a Federal provision requiring the Secretary to establish guidelines for reducing the number of civilian DOD employees employed by industrial- or commercial-type activities. Provides for the determination of the amount of the variable housing allowance to be paid to members and former members of the reserves. Authorizes the provision of special pay to health care officers who: (1) are reserves on active duty other than for training for at least 31 days but less than one year; (2) are involuntarily retained on active duty for at least 31 days; or (3) voluntarily agree to remain on active duty for less than one year while other officers are involuntarily retained on active duty or in cases of other special circumstances as determined by the Secretary. Provides that, in the case of retired officers ordered to active duty who serve on such active duty in a grade higher than their retired grade, such officers shall be advanced on the retired list upon release from such active duty to the highest grade satisfactorily served. States that if such retired list grade is higher than their original retired grade, such service must be for a minimum of three years of total active service. Allows the President to waive such three-year requirement in individual cases. Amends the National Defense Authorization Act for Fiscal Year 1991 to allow the number of certain intelligence personnel to be adjusted in accordance with certain actions taken by the Secretary of Defense and the Director of Central Intelligence with respect to the revision of priorities and the consolidation of functions. Extends through FY 1993: (1) the period during which an aviation career officer may sign an agreement for an extension of duty, thereby allowing such officer to receive special pay for such extension; and (2) the provision of special pay to enlisted members of the Selected Reserve assigned to certain high-priority units. Extends through FY 1995: (1) a provision which repealed a provision of the Department of Defense Authorization Act, 1984 which disallowed certain service to be considered for purposes of mandatory retirement under the retired reserve; (2) the original appointment period as a reserve medical officer for purposes of grade determination; (3) the promotion authority for certain reserve officers serving on active duty; (4) the initial appointment period for certain health professionals of the Selected Reserve to qualify for education loans through the Secretary of Defense; and (5) the enlistment and reenlistment bonus authority for members of the reserves. Repeals a Federal provision authorizing the temporary promotions of certain Navy lieutenants through FY 1992. Extends through FY 1994: (1) the period during which a registered nurse may sign an agreement for service in such capacity as a commissioned officer, thereby receiving an accession bonus; (2) the period during which a person may sign an agreement as a candidate under the nurse officer candidate accession bonus program; and (3) the provision of special pay for nurse anesthetists serving in a military capacity. Extends through FY 1997 the enlistment and reenlistment bonus authority for active-duty personnel. Authorizes the Secretaries of the military departments concerned to assign such powers, functions, and duties as considered appropriate to the General Counsels of such departments. Authorizes such General Counsels to temporarily perform the duties of the Secretaries of such military departments. Identifies the General Counsels as the chief legal officers of such departments. Establishes the pay grade for General Counsels at Level IV of the Executive Schedule. Establishes within DOD the position of Deputy Under Secretary of Defense for Policy to act for, and exercise the powers of, the Under Secretary of Defense for Policy when the Under Secretary is absent or disabled. Establishes the pay grade for the Deputy Under Secretary at Level IV of the Executive Schedule.
Bill· SS. 1073 (102nd)referred
United States · United States Congress · 14 May 1991
Children's Investment Trust Act of 1991 - Amends the Social Security Act (SSA) to establish in the Treasury the Children's Investment Trust (CIT). Authorizes the Secretary of the Treasury to accept and transfer to CIT: (1) for FY 1992 and subsequent fiscal years a mandated general fund appropriation equal to FY 1991 aggregate budget authority before sequestration (adjusted for inflation) for all described children's, youth, and family programs; (2) any additional appropriations made by the Congress; (3) the sum of the Children's Investment Tax; and (4) the sum of any income earned from investment of CIT funds. Provides for quarterly transfers to the Trust based on estimates, and for obligation of CIT funds. Makes the Secretary of the Treasury the Managing Trustee of CIT and chairperson of the Board of Trustees. Provides for investment of CIT funds. Directs the Managing Trustee to make quarterly payments from CIT, in accordance with appropriations Acts, to certain Federal and State programs. Directs the Managing Trustee to report to appropriate congressional committees on proposed methodologies to reimburse the Federal Government for costs associated with CIT administration, any amount of the Children's Investment Tax that may be subject to refund, and other expenses associated with CIT operations. Prohibits any loans between CIT and other trust funds. Requires the President to submit a six-year plan for CIT operation as part of the annual U.S. Government budget submitted to the Congress. Directs the Comptroller General, within 90 days after enactment of this Act, to prepare and submit to the appropriate congressional committees a list of Federal children's, youth, and family programs for which CIT funds may be obligated, as well as the FY 1991 appropriations for each such program. Requires such list to include a description of income tax credits that directly benefit families with children, for which reimbursements to the general fund may be made from CIT. Authorizes provision of funds under this title to an agency or department head as appropriations or as reimbursements to the general fund of the Treasury for costs related to the use of tax credits and reimbursable tax credits. Directs the CIT Coordinator to solicit comments from certain State entities and officials as well as professional and advocacy organizations in preparing the six-year plan. Directs the President to appoint a CIT Coordinator with at least ten years of progressive experience in designing, administering, or evaluating service programs for children, youth, and families. Requires the Director of OMB to provide administrative support to the Coordinator. Prohibits the Coordinator from having any authority to administer the provision of services to children, youth, and families. Authorizes appropriations. Establishes a CIT Planning Council to advise the President on use of CIT funds and methods for simplifying CIT administration and coordinating programs receiving such funds. Directs the Secretary of Health and Human Services to enter into a contract with the National Academy of Sciences to establish a CIT Evaluation Panel of experts and specialists to evaluate Federal children's, youth, and family programs. Requires the Panel to: (1) develop a plan for the evaluation, at least once in every six-year period, of programs, including State programs, that receive CIT funds; and (2) report, at least once in every six-year period, on the results of such evaluation plan to the CIT Planning Council, the President, and the appropriate congressional committees. Directs the Secretary of the Treasury to establish a program of entitlement grants to States for the provision of children's, youth, and family services. Entitles a State to such a grant if the Governor certifies that: (1) the grant funds will be used for specified authorized purposes; (2) the State has established an independent State body (as described under the Augustus F. Hawkins Human Services Act of 1990) to coordinate and improve delivery of services to children, youth, and families; and (3) aggregate expenditure of State funds during the fiscal year of the grant, for programs serving children, youth, and families, will not be less than such State expenditures in FY 1990, adjusted for inflation. Allows a State to use entitlement grant funds for: (1) grants for State and local program coordination and integration, and family resource and support; (2) supplements to other Federal funds received by the State under any program eligible for CIT assistance; (3) the matching share required under any program eligible for CIT assistance, to the extent that such matching share results from program expansions or improvements exceeding those required under Federal law at the time of the grant award; and (4) grants for specified types of program innovations and improvements, to local governments, education, health, and social service agencies, and other public and private entities. Requires: (1) States to apply for grant funds for program innovations and improvements; and (2) the Secretary to approve such applications if specified conditions are met. Requires States to report annually to the CIT Coordinator on their activities and accomplishments derived through use of such grant funds. Directs the Secretary of the Treasury to make grants to each State for training and technical assistance. Entitles a State to such a grant if the Governor certifies that: (1) the funds will be used to provide training and technical assistance to public and private agencies serving children, youth, and families; and (2) a description of the State's activities and accomplishments derived through use of such grant will be included in the annual report to the CIT Coordinator. Authorizes Federal agencies responsible for children's, youth, and family programs to provide, either directly or by contract, training and technical assistance services on a reimbursable basis to any State or other public or private entity that agrees to pay for such assistance. Authorizes appropriations. Amends the Internal Revenue Code to appropriate to the CIT amounts equivalent to taxes received in the Treasury from the Children's Investment Tax. Amends the Congressional Budget Act of 1974 to require that Concurrent Budget Resolutions set forth the aggregate amount to be made available from the CIT for programs and activities under this Act, including amounts for discretionary and for direct programs. Amends the Balanced Budget and Emergency Deficit Control Act of 1985 to exempt from reduction by sequestration order amounts made available in appropriations Acts for Federal children's, youth, and family programs and transferred to the CIT.
Bill· SS. 1060 (102nd)referred
United States · United States Congress · 14 May 1991
Amends the Department of Transportation Act with respect to local rail service assistance to authorize appropriations for FY 1992-1994.
Bill· SS. 1044 (102nd)referred
United States · United States Congress · 14 May 1991
Federal Information Resources Management Act - Title I: Information Resources Management of Federal Departments and Agencies - Amends the Paperwork Reduction Act of 1980 (the Act) to require the Administrator of the Office of Information and Regulatory Affairs (OIRA) to be appointed with attention to the professional credentials required to administer OIRA. Directs the Director of the Office of Management and Budget (OMB) to: (1) ensure that OMB gives balanced emphasis to its functions and that the development of information policies shall be coordinated with agencies with shared information management responsibilities; (2) coordinate the development and implementation of information policy through the establishment of interagency working groups; (3) ensure the development of formalized training programs on information resources management concepts by appropriate entities for government wide use; and (4) educate OMB employees on such concepts. Authorizes the Director to inform the President and the Congress of the findings and progress of such projects and activities. Requires Federal agencies to cooperate with such projects and activities. Revises provisions concerning paperwork control functions of the Director that relate to the reduction of Federal information collection request burdens to no longer require the setting of goals for such reduction but to instead require the promoting of the elimination of unnecessary burdens, with particular emphasis on those persons most heavily burdened, especially in the areas of Federal procurement, grant programs, Federal-State cooperative programs, Federal taxation, and international competitiveness. Repeals provisions relating to overseeing action on the recommendations of the Commission on Federal Paperwork. Requires coordination with the Office of Federal Procurement Policy to address unnecessary paperwork burdens associated with procurement and acquisition as a paperwork control function. Revises the functions of OMB with respect to statistical policy and privacy. Establishes new functions for OMB with respect to automatic data processing and information dissemination. Directs the Director to establish an interagency working group on statistical policy to coordinate agency statistical activities, headed by the chief statistician and consisting of the heads of agencies with major statistical programs. Requires OMB to provide long-term training in OIRA statistical policy functions to all Federal employees. Directs senior agency officials designated by Federal agency heads to carry out agency responsibilities with respect to information policy coordination to appoint a Chief Information Resources Management official well qualified to assist in agency information needs assessments and in the deployment of appropriate information technology to gather, process, use, and disseminate information that is critical to successful accomplishment of program goals and agency mission or essential for effective agency management. Directs Federal agencies to: (1) establish an agency-wide program of information resources management; (2) develop, implement, and evaluate formalized training programs on such management concepts, and educate program officials about such management; (3) develop information systems, processes, and procedures that enhance the sharing of common data across program and agency lines consistent with law and maximize the usefulness and timely release of Government information to all users within and outside the agency; (4) systematically inventory and maintain current, complete records of agency information resources for use in developing and updating management plans and for informing the public; (5) establish and maintain information dissemination systems that disseminate significant public information maintained in electronic files in useable electronic formats; (6) periodically evaluate and, as needed, improve the timeliness of data and records contained within Federal information systems and the capabilities of such systems for ensuring public access to public information and privacy, confidentiality, and security; (7) develop and annually update the agency's five-year information resources management plan in accordance with OMB guidelines for meeting information and information technology needs; (8) ensure coordination of such plan with the agency's strategic plan, budget, and financial management systems; and (9) implement applicable policies and standards for financial management systems in developing information systems. Restores the Act's five percent paperwork reduction goal for unnecessary paperwork burdens. Directs appropriate agency officials to establish a certification process to review such information before its submission to the Director for approval. Revises current provisions regarding public information collection activities to establish a self-certification process for Federal agencies for currently approved information collection requests. Provides for expedited OMB review of agency information requests with reduced paperwork burdens. Revises provisions establishing the Federal Information Locator System (FELS) to require the Director to: (1) maintain such System; (2) designate one or more Federal agencies to operate such System; (3) ensure that only public information is included in such System; (4) determine the optimal composition of such System in order to accomplish its purposes; (5) report to specified congressional committees on its development and implementation status; and (6) review its effectiveness on an ongoing basis. Requires such System to serve as a comprehensive inventory, as well as the authoritative register, of all information collection requests by the Federal Government and to assist agencies and the public in locating Government information. Includes in the system records maintained on individuals and information collection requirements approved by the Director. Requires the Director, on an ongoing basis, to: (1) review agency audit standards and requirements for all major information systems and assign responsibility for conducting certain government wide or multiagency audits; (2) establish and review a schedule and a management control system to ensure that practices and programs of information handling disciplines are properly integrated with the information policies mandated by this Act; (3) identify initiatives to improve productivity in Federal operations using information processing technology; (4) develop and review a program to enforce Federal information processing standards at all Federal installations and revitalize the standards development program established under the Federal Property and Administrative Services Act of 1949; and (5) develop and revise annually a five-year plan for information resources management with plans for managing information meeting automatic data processing equipment needs of the Federal Government, and enhancing public access to information collection request information via electronic media. Requires the Director to include in any report to the Congress: (1) a summary of actions with respect to dissemination functions and of the results of selective reviews of agency activities; (2) reports with respect to the Privacy Act of 1974 and matching programs when required by provisions relating to records maintained on individuals; and (3) an evaluation of the feasibility and means of enhancing public access to Government information. Directs the Director to report to the Congress on: (1) the Federal demonstration project in federally sponsored research; (2) the progress of information processing technology initiatives to improve productivity in Federal operations; (3) the results of burden elimination reviews; and (4) the feasibility and means of establishing a comprehensive inventory and register of all information products and services disseminated by the Government. Requires advisory committees on information and statistical policy for the Director to consult with others in developing such policies. Authorizes appropriations to OIRA. Title II: Review of Federal Departments and Agency Regulations - Outlines guidelines for OIRA review of agency rulemaking. Title III: Management of Public Records - Directs the Archivist of the United States to promulgate binding regulations establishing standards for interpreting the definition of records and for the establishment and maintenance of adequate and proper documentation organization, functions, policies, and essential transactions of the agency for incorporation in recordkeeping requirements to be issued by agency heads. Requires agency records management programs to comply with provisions governing records disposal. Authorizes the Archivist to inspect any record to determine if: (1) an agency is in compliance with the binding guidelines; and (2) such record has sufficient historical value to warrant continued Government preservation. Revises provisions governing inspections of agency records to: (1) no longer require the approval of the agency head concerned for inspections of records the use of which is restricted by law; (2) no longer require that regulations promulgated by the Administrator of the General Services Administration and the Archivist be identical; and (3) provide that regulations authorizing and restricting the examination and use of such records applicable to the head of the custodial agency or to employees of that agency are applied in the same manner to the Archivist, the Administrator, and their respective employees. Authorizes the Archivist to examine any Federal record on lists and schedules of records lacking historical preservation value. Requires OMB review of routine uses for agency record systems for submission in a report to the Congress. Amends the Privacy Act of 1974 to require advanced congressional notification of proposed changes in a routine use of agency records which are significant.
Bill· HRH.R. 2334 (102nd)referred
United States · United States Congress · 14 May 1991
Domestic Violence Prevention Act of 1991 - Title I: Amendment of the Family Violence Prevention and Services Act - Amends the Family Violence Prevention and Services Act (FVPSA) to add increasing public awareness as a purpose of State demonstration grants. Authorizes grants for public information campaigns regarding domestic violence. Requires a State grant recipient to establish a Commission on Domestic Violence. Limits law enforcement training grants to private nonprofit organizations that have certain experience. Mandates grants or contracts for the establishment of one national and five regional resource centers to provide training and other assistance concerning domestic violence. Authorizes appropriations to carry out the Act. Requires grants to States to assist in becoming model demonstration States and in improving State leadership regarding certain domestic violence matters. Sets forth requirements for being designated as a model State. Authorizes appropriations. Title II: Law Enforcement, Prosecution Grants, and Interstate Enforcement - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize competitive grants to States for use by States and local governments to assist in developing effective law enforcement and prosecution strategies to combat domestic violence and to reduce the rate of domestic violence. Authorizes appropriations. Amends Federal law to establish criminal penalties for interstate travel to commit spousal abuse or to violate protection orders. Allows temporary protection orders pending final adjudication of charges under these provisions. Mandates victim restitution. Requires a protection order by a court of one State to be accorded full faith and credit by the court of another State. Amends the FVPSA to prohibit a State or locality from being awarded a grant under the Act if, as a matter of law, policy, or practice, it discriminated against victims of family violence. Requires certification that this condition has been met. Amends the Victims of Crime Act of 1984 to require a similar certification. Amends the FVPSA to authorize grants to State and local government entities to encourage them, and Indian tribes, to take specified actions in order to treat spousal violence as a serious violation of criminal law. Directs the Secretary of Health and Human Services to transfer a specified sum each fiscal year to the Attorney General for such grants.
Bill· HRH.R. 2336 (102nd)open
United States · United States Congress · 14 May 1991
Income-Dependent Education Assistance Act of 1991 - Establishes the income-dependent education assistance (IDEA) program of supplemental direct higher education student loans in which a borrower's annual repayment obligation is dependent upon both postschool income level and borrowing history. Title I: System for Making Income-Dependent Education Assistance Loans - Directs the Secretary of the Treasury to: (1) make IDEA loans to eligible students in accordance with this title; and (2) establish an account for each IDEA loan borrower and collect repayments on such loans using the income tax collection system under specified Internal Revenue Code provisions added by title II of this Act. Sets forth provisions for the terms and enforcement of IDEA program agreements between the Secretary of Education and eligible institutions. Sets forth provisions for the amounts and terms of IDEA loans. Sets annual limits on the amounts of such loans to various categories of students. Sets a limitation on individual borrowing capacity, with adjustments for inflation and with consideration of any outstanding student loan obligations. Limits the duration of individual eligibility for such loans. Sets forth requirements for: (1) agreements to the terms of such loans; and (2) disbursement of the proceeds of such loans. Sets forth the responsibilities of eligible institutions and of the Secretary of the Treasury for certain information requirements relating to the IDEA loan program. Sets forth provisions for interest charges on such loans. Requires such charges to be added to the recipient's obligation account at the end of each calendar year. Bases such charges on an interest rate equal to the lesser of: (1) ten percent; or (2) the sum of the average bond equivalent rates of 91-day Treasury bills auctioned for the previous year, plus two percentage points, rounded to the next higher one-eighth of one percent. Provides for conversion and consolidation of certain other types of student loans as IDEA loans. Authorizes the Secretary of the Treasury, upon request of borrowers who have received federally insured or guaranteed loans under specified provisions of the Higher Education Act of 1965 (HEA) (Stafford loans) or of the Public Health Service Act (PHSA) (HEAL loans), to make new IDEA loans to such borrowers which are equal to the sum of the unpaid principal of those other loans and which discharge the liability on those other loans. Provides for mandatory conversion of certain defaulted student loans to IDEA loans. Requires IDEA collection treatment of any loan made, insured, or guaranteed under specified provisions of HEA or PHSA after enactment of this Act which is assigned after default for collection by the Secretary of Education or the Secretary of Health and Human Services. Directs such Secretaries to notify: (1) the Secretary of the Treasury of the need to establish or adjust an IDEA account for such loan's borrower; and (2) the borrower of the conversion of the defaulted loan to an IDEA loan and the procedures for collection under the income tax system. Terminates the authority to make additional loans under the HEA programs of supplemental loans for students (SLS) and direct loans to students in institutions of higher education, for any academic year beginning after the date regulations are prescribed by the Secretaries of Education and the Treasury to carry out this title. Authorizes appropriations to: (1) make distributions of IDEA loan funds to eligible institutions; and (2) administer and carry out this title. Bases student eligibility for IDEA loans on their eligibility for student assistance under specified HEA provisions and their carrying at least one-half the normal full-time academic workload. Title II: Collection of Income-Dependent Education Assistance Loans - Amends the Internal Code to add provisions for the collection of IDEA loans. Directs the Secretary of the Treasury to notify each IDEA loan borrower of their yearly repayment obligation. Sets forth formulas for computation of the annual IDEA loan repayment amount. Makes such amount equal to the lesser of: (1) 20 percent of the excess of the modified adjusted income of the taxpayer for such taxable year over the standard deduction and exemption (twice for joint returns); or (2) the product of a base amortization amount and a progressivity factor based on the taxpayer's modified adjusted gross income. Defines "base amortization amount" as the amount which, if paid at the close of each year for 12 consecutive years, would fully repay (with an eight-percent annual interest rate) the maximum account balance of the borrower. Sets forth progressivity factor tables for various types of taxpayers. Provides that, in general, the repayment obligation of an IDEA loan borrower shall terminate only if there is repaid: (1) in the case of any repayment during the first 12 years for which the borrower is in repayment status, the principal plus interest at an annual rate equal to the otherwise applicable rate plus two and one-half percent; and (2) in the case of any repayment during any subsequent year (or in the case of loans under $3,000 repaid during the first 12 years), the principal plus interest at applicable rates. Requires no repayment after 25 years in repayment status. Sets forth provisions for the determination of years in repayment status. Sets forth the requirements for payment of the amount owing. Directs the Secretary of the Treasury to assess and collect any unpaid amount in the same manner as for any delay in the payment of income tax. Provides for discharge, by the Secretary of Education, of the IDEA loan liability of any borrower who dies or becomes permanently and totally disabled. Provides for crediting of amounts paid on a joint return. Sets forth formulas for computation of an alternative annual payment for individuals who have attained age 55. Provides for inflation adjustment in the computation of the progressivity factor. Provides that, in general, an IDEA loan shall not be dischargeable in a case of bankruptcy, but authorizes the Secretary of the Treasury to postpone certain portions of the loan liability in such cases. Makes specified provisions relating to finality of assessment and collection applicable to such loans. Includes the amount required to be repaid for IDEA loan uner amounts listed under requirements relating to failure by an individual to pay estimated income tax. Requires individuals who are obligated to make IDEA loan repayments to file income tax returns for the applicable years.
Bill· HRH.R. 2335 (102nd)open
United States · United States Congress · 14 May 1991
Transportation for Livable Communities Act of 1991 - Title I: Planning - Bars the Secretary of Transportation from approving a program in whole or in part, or any project, unless the Secretary finds that the program conforms to and carries out plans and programs pursuant to this Act. Declares it to be in the national interest to encourage and promote the conservation and development of transportation systems embracing various modes of transportation in a manner that will serve the States and local communities efficiently and effectively. Directs the Secretary to cooperate with State and local officials in developing transportation plans and programs which, at a minimum: (1) utilize transportation system management and investment strategies designed to make the most efficient use of existing transportation facilities; (2) promote or reinforce land use patterns for residence and employment that enhance the attractiveness and feasibility of mass transportation; (3) demonstrate why alternative transportation modes or management strategies are not feasible substitutes to any proposed expansions of highway capacity; (4) incorporate actions to reduce energy consumption; (5) minimize physical or visual disruption of scenic landscapes, vistas, and historic areas; (6) conform to and complement local and State plans and programs concerning housing, community development, rural conservation, air and water quality, recreation, and historic preservation; (7) effectuate reductions in the demand in congested areas for motor vehicle travel and, particularly, for single passenger automobile travel; and (8) specify proposed transportation enhancement activities. Requires that the planning process consider all modes of transportation, account for reasonably anticipated funds, and be continuing, cooperative, and comprehensive. Bars the construction of any highway project in a metropolitan area unless the responsible public officials of the area in which the project is located have been consulted and their views considered with respect to the corridor, mode of transportation, and location and design of the project. Directs the Secretary to cooperate with each State in the development of transportation plans and programs which will serve the State and its local communities and rural areas effectively, accomplish social and economic development goals, conserve energy, preserve open space and scenic and historic resources, promote improvement of air and water quality, and encourage efficient land use patterns. Requires that: (1) such plans and programs be based on long-range needs and goals and meet specified requirements to achieve such goals; and (2) the State provide an opportunity for public comment and respond in reasonable detail to the comments received. Title II: Transportation Enhancement Activities - Defines "transportation enhancement activities" to include, with respect to a project and the area to be served by the project: scenic and historic landscape enhancement; demonstration projects to encourage excellence in the design, construction, rehabilitation, and use of transportation facilities; archeological planning and research; acquisition of scenic, recreational, and historic sites or areas; and control and removal of outdoor advertising. Includes transportation enhancement activities within the definition of highway. Authorizes the Secretary to approve related transportation enhancement activities under the highway bridge replacement and rehabilitation program. Requires States to expend not less than eight percent of the amounts apportioned in any fiscal year to a State in any fiscal year under this Act on transportation enhancement activities. Specifies the Federal share of Federal-aid highway project costs that are attributable to transportation enhancement activities, with exceptions. Title III: National Scenic and Historic Highway System - Establishes the National Scenic and Historic Highway System. Directs the Secretary, within one year, to establish criteria for designating National Scenic and Historic Highways, including: (1) consideration of the scenic beauty and historic significance of the highways or the highways' surroundings; (2) operation and management standards for the highways; (3) standards for highway signage; and (4) design review procedures for siting the highways and location of structures, landscaping, and travelers' facilities on or adjacent to the highways. Sets forth procedures by which States may nominate an existing or planned highway for inclusion in the National Scenic and Historic Highway System. Directs the Secretary to: (1) conduct an inventory of Federal lands highways and designate appropriate highways for inclusion in such System; and (2) withdraw the designation of a highway, other than a Federal lands highway, upon the request of a State or upon determining that the highway does not meet criteria established pursuant to this Act. Authorizes the Secretary to approve projects for the purpose of identifying, designating, and operating National Scenic and Historic Highways, but bars projects for the grading, construction, repair, or rehabilitation of a highway roadbed. Limits the Federal share to 95 percent of the cost of such projects. Directs the Secretary to set aside $25,000,000 to carry out such purpose for FY 1992 through 1996.
Bill· HRH.R. 2330 (102nd)open
United States · United States Congress · 14 May 1991
Audiotext Industry Obligations and Consumer Rights Act - Amends the Communications Act of 1934 to require the Federal Communications Commission (FCC), within 270 days, to complete a rulemaking proceeding to establish a system for the oversight and regulation of audiotext services. Requires the FCC's final rules to: (1) include measures that provide a consumer of audiotext services with adequate and clear descriptions of the rights of the caller; (2) define the obligations of common carriers with respect to the provision of such services; (3) include requirements on such carriers to protect against abusive practices by providers of such services; (4) prohibit customers from being disconnected from local exchange services for refusal to pay for such services; and (5) identify procedures by which common carriers and providers of such services may take affirmative steps to protect against nonpayment of legitimate charges. Specifies that such regulations shall prohibit any common carrier from offering audiotext services of any provider of such services who fails to: (1) include in each audiotext message an introductory disclosure message that describes the service being provided, specifies clearly and at a reasonably understandable volume the total cost or cost per minute and any other fees for such service and for any other audiotext service to which the caller may be transferred, informs the caller of the option to hang up at the end of the introductory message without incurring any charge, and informs the caller that parental consent is required for calls made by children; (2) disable any bypass mechanism which allows frequent callers to avoid listening to the disclosure message after the institution of any price increase and for a period of time sufficient to give frequent callers sufficient notice of the price change; (3) stop the assessment of time-based charges immediately upon disconnection by the caller; (4) include an appropriate and clear signal at intervals determined by the FCC, where technically feasible, during live interactive group programs, to alert callers to the passage of time, and explain such signal in the disclosure required for such program; and (5) comply with such additional standards as the FCC may prescribe to prevent abusive practices. Directs that such regulations require that any common carriers offering audiotext services: (1) require, pursuant to contract or tariff, that a provider of audiotext services comply with regulations issued pursuant to such Act and terminate the offering of an audiotext service of a provider if such service is not provided in compliance with such regulations; (2) ensure that a caller may avoid audiotext charges with respect to services provided in violation of such regulations or under such other circumstances as the FCC determines necessary to protect callers from abusive practices; (3) establish a local or toll-free telephone number to answer questions and provide information on callers' rights and obligations with regard to their use of audiotext services offered by the common carrier; (4) within 60 days after the issuance of final regulations, provide to all of such common carrier's telephone subscribers a disclosure statement that clearly sets forth all rights and obligations held by the subscriber and the carrier with respect to the use and payment for audiotext services, describes any nonpayment option prescribed by the FCC and the applicable blocking option, and provides an explanation of live interactive programming; (5) ensure that charges for audiotext services are stated separately on the bill from the sections relating to local and long distance telephone charges and that such statement includes the common carrier's toll-free telephone number; (6) notify in writing the State regulatory commission of any State within which the carrier intends to offer audiotext services of such intention, including a description of the service to be provided and a list of the carrier's policies and procedures; (7) make available to such State regulatory commission, upon request, a list of audiotext telephone numbers accessible by callers within that State through such carrier, including the name, business address, and business telephone number of the audiotext provider; and (8) obtain from any provider of audiotext services that solicits charitable contributions proof of tax exempt status. Specifies that such regulations shall require that any local exchange carrier carrying audiotext services must offer callers the option of blocking access to all audiotext services for their telephone. Allows such regulation to permit the costs of such blocking to be recovered by contract or tariff, but specifies that such costs may not be recovered from local or long distance ratepayers. Directs that such option be offered without charge to the caller for a reasonable period (established by FCC regulations) after the effective date of such regulation, an initial connection, or subscription for any new telephone line. Requires the FCC to consult with the Federal Trade Commission concerning the adequacy of existing regulations relating to the advertising of audiotext services via broadcasting and cable communications and, if such existing regulations are deemed inadequate, to take specified steps, such as requiring that TV advertisements include notification that charges will be billed to the caller's telephone number, notification that children under age 18 must obtain parental consent before placing a call to the advertised number, and a statement of the cost of calling such number. Specifies that such regulations may exempt from introductory message requirements: (1) calls from frequent callers or regular subscribers using a bypass mechanism to avoid listening to the disclosure message required by such regulations; or (2) audiotext services provided at nominal charges. Directs: (1) that such regulations establish procedures to ensure that carriers and other parties provide appropriate refunds to callers who have been billed for audiotext services pursuant to programs found to have violated such Act, such regulations, or any other Federal, State, or local consumer protection law; and (2) the FCC, within one year, to submit to the Congress its recommendations with respect to the extension of such regulations to services that provide, for a per call charge, data services that are not audiotext services. Specifies that no cause of action may be brought in any court or administrative agency against a common carrier or its affiliates on account of any action which the carrier or affiliate takes in good faith to terminate an audiotext service in order to comply with the regulations prescribed under such Act.
Law· HRH.R. 2313 (102nd)enacted
United States · United States Congress · 14 May 1991
Amends the School Dropout Demonstration Assistance Act of 1988 to extend the authorization of appropriations. Increases the amount of funds reserved for evaluation of programs assisted under such Act. Makes any local educational agency, educational partnership, or community-based organization that has received a grant under such Act eligible for additional funds, subject to the requirements of such Act. Sets the Federal share at 75 percent of project costs in each succeeding fiscal year after the first year. (Current law sets such share only for the second year.) Adds mentoring programs to the list of authorized uses of grants by educational partnerships.
Bill· HRH.R. 2319 (102nd)referred
United States · United States Congress · 14 May 1991
Amends the Native American Programs Act of 1974 to authorize appropriations for FY 1992 through 1994. Directs the Secretary of Health and Human Services to reserve $500,000 to provide financial assistance to other Native American Pacific Islanders (including American Samoan Natives), in any fiscal year for which the amount appropriated under this Act exceeds 105 percent of the amount appropriated for FY 1987.
Bill· HRH.R. 2317 (102nd)referred
United States · United States Congress · 14 May 1991
Indian Development Investment Zone Act of 1991 - Title I: Designation of Indian Development Investment Zones - Amends the Internal Revenue Code to provide for the designation of Indian enterprise zones by the Secretary of the Interior for purposes of providing tax relief and increasing the economic stake of tribal residents in their community and its development. Sets forth eligibility requirements and required tribal commitments for such designations. Requires the Secretary to prepare and submit to the Congress every four years a report on the effects of such Indian enterprise zones' designation. Requires that any tax reduction effected by a tribal commitment under the terms of this Act be disregarded for purposes of determining the eligibility of a tribe for Federal assistance or benefits. Title II: Federal Income Tax Incentives - Subtitle A: Credits for Employers - Allows employers located in Indian enterprise zones a nonrefundable income tax credit for qualified increased employment expenditures and for certain wages paid to economically disadvantaged individuals. Subtitle B: Credits for Investment in Tangible Property in Indian Enterprise Zones - Allows businesses an additional investment tax credit for investment in certain tangible property located in Indian enterprise zones. Subtitle C: Sense of the Congress with Respect to Tax Simplification - Expresses the sense of the Congress that the Secretary of the Treasury should simplify the administration and enforcement of amendments made by this Act. Title III: Establishment of Foreign-Trade Zones in Indian Enterprise Zones - Requires the Foreign Trade Zone Board to consider on a priority basis and to expedite the processing of applications for the establishment of foreign-trade zones within Indian enterprise zones. Requires the Secretary of the Treasury to give priority to, and expedite the processing of, applications for the establishment of foreign-trade zones within Indian enterprise zones. Requires the Secretary of the Treasury to give priority to, and expedite applications for, the establishment of ports of entry necessary to establish such zones. Title IV: Conflict Resolution in Indian Enterprise Zones - Authorizes the Secretary of the Interior to approve plans, pursuant to a tribal economic development plan, that include provisions for conflict resolution between enterprise zone parties. Requires that such plans not encumber the trust assets of the tribe. Title V: Amendment to Indian Self-Determination and Education Assistance Act - Amends the Indian Self-Determination and Education Assistance Act to permit contractors of a Federal agency additional compensation equal to five percent of certain payments made to a subcontractor or supplier that is an Indian organization or Indian-owned economic enterprise.
Bill· HRH.R. 2329 (102nd)referred
United States · United States Congress · 14 May 1991
Prohibits the closure or realignment of any Department of Defense laboratory as a result of recommendations made by the Defense Base Closure and Realignment Commission during FY 1991 until the report of the Commission on the Consolidation and Conversion of Defense Research and Development Laboratories is submitted to the Congress as required under the National Defense Authorization Act for Fiscal Year 1991.
Bill· HRH.R. 2326 (102nd)referred
United States · United States Congress · 14 May 1991
Amends the Internal Revenue Code to allow the indexed basis of qualified farm property to be substituted for its adjusted basis solely for the purpose of determining gain on the sale or other disposition of such property by a qualified farmer or by a farm corporation. Prohibits the amount to be excluded from gross income from exceeding $5,000,000, and allows such substitution on only one sale or exchange. Describes a qualified farmer as one who has attained age 65 and who has materially participated in the farming trade or business during periods aggregating ten years or more. Treats all farm corporations which are members of the same controlled group as one farm corporation.
Bill· HRH.R. 2333 (102nd)referred
United States · United States Congress · 14 May 1991
Farmer Retirement Security Act - Amends the Internal Revenue Code to exclude from gross income gain from the sale or exchange of qualified farm property to the extent that the proceeds are paid into an individual retirement account. Establishes limitations on such rollover amounts per individual and per family. Denies an itemized deduction for such rollover amounts and exempts such amounts from limitations on contributions to individual retirement accounts.
Bill· HRH.R. 2340 (102nd)referred
United States · United States Congress · 14 May 1991
Amends the Tax Reform Act of 1986 to repeal provisions relating to limitations on IRA (Individual retirement account) deductions for active participants in certain pension plans and nondeductible contributions to individual retirement plans, thus restoring the prior law for deduction for retirement savings. Amends the Internal Revenue Code to exempt from the penalty on early distributions from individual retirement plans distributions for: (1) long-term health care insurance premiums; and (2) educational expenses for higher education or a vocational school. Provides a tax exclusion for distributions from such plans used to acquire a first home. Limits such distribution to $10,000.
Bill· HRH.R. 2327 (102nd)referred
United States · United States Congress · 14 May 1991
Amends the Internal Revenue Code to permit tax-exempt organizations to establish qualified cash or deferred arrangements for their employees.
Bill· HRH.R. 2320 (102nd)referred
United States · United States Congress · 14 May 1991
Insurance Subpart F Reform and Improved Foreign Competitiveness Act of 1991 - Amends the Internal Revenue Code to provide that countries comprising the European Community and in which a controlled foreign corporation is subject to a maximum tax rate greater than 90 percent of the U.S. tax on corporations shall constitute a single country for purposes of determining insurance income of foreign corporations. Excludes from foreign personal holding company income dividends, interest, and gains from the sale or exchange of stock or securities derived from investment by an insurance company of its unearned premiums or reserves, to the extent such premiums or reserves are attributable to the issuance of an insurance contract. Allows corporations subject to this Act to use the accounting rules of the foreign country in which they are incorporated in qualifying for the exception for certain income subject to high foreign taxes.
Bill· SS. 1034 (102nd)open
United States · United States Congress · 9 May 1991
American Technology Preeminence Act of 1991 - Title I: Department of Commerce Research and Technology - Technology Administration Authorization Act of 1991 - Authorizes appropriations to the Secretary of Commerce, to carry out the activities of the Under Secretary for Technology and the Assistant Secretary for Technology Policy, for the following line items: (1) Office of Under Secretary; (2) Technology Policy; (3) Japanese Technical Literature; (4) Clearinghouse on State and Local Initiatives on Productivity, Technology, and Innovation; and (5) National Technical Information Service (NTIS). Prohibits: (1) transferring funds among such line items; and (2) using funds except for the purpose stated in each item. Requires operating costs for certain NTIS activities to be recovered primarily through fees. Mandates a report by the Secretary to the Congress responding to a specified Inspector General's Report and containing certain information and certifications. Authorizes appropriations to the Secretary for the National Institute of Standards and Technology (NIST) for: (1) Electronics and Electrical Engineering; (2) Manufacturing Engineering; (3) Chemical Science and Technology; (4) Physics; (5) Materials Science and Engineering; (6) Building and Fire Research; (7) Computer Systems; (8) Applied Mathematics and Scientific Computing; (9) Technology Assistance; and (10) Research Support Activities. Earmarks certain amounts. Limits funds transfers among the line items. Declares that, subject to specified exceptions, this Act contains the complete authorizations of appropriations for NIST for a specified fiscal year. Authorizes the Secretary to pay the Federal share of a pilot program under existing provisions to assist nations that have requested U.S. assistance in developing their standards. Amends the National Institute of Standards and Technology Act (NIST Act) to remove provisions limiting the amount NIST may, without specific appropriations, spend for construction or improvement of buildings or facilities. Requires: (1) NIST fire research and building technology programs to be combined for administrative purposes only, and separate budget accounts to be maintained; and (2) a report to the Congress on the combination and matters related to the two programs. Makes the NIST personnel system, established as a demonstration project, the permanent personnel system for NIST. Amends the NIST Act to authorize financial assistance to U.S. citizens for research and technical activities on Institute programs. Authorizes, where shortages exist, recruitment and employment at NIST of foreign nationals admitted to the United States for permanent residence who intend to become U.S. citizens. Authorizes appropriations to the Secretary to carry out the extramural industrial technology services programs of NIST under specified provisions, to be available for: (1) Regional Centers for the Transfer of Manufacturing Technology; (2) State Technology Extension Program; and (3) Advanced Technology Program. Requires competitive merit review of extramural programs. Authorizes: (1) exemption of specific technology extension or transfer services from provisions of Federal law relating to patent rights in inventions made with Federal assistance; and (2) acceptance of funds from other Federal departments and agencies to support Regional Centers for the Transfer of Manufacturing Technology. Amends the Omnibus Trade and Competitiveness Act of 1988 to remove provisions requiring cooperative agreements between NIST and State technology extension services to expire on September 30, 1991. Authorizes appropriations to carry out the National Advisory Committee on Semiconductor Research and Development Act of 1988. Authorizes appropriations to the Secretary to make any adjustments in salary, pay, retirement, and other employee benefits which may be provided for by law. Prohibits awarding a contract or subcontract with funds authorized under this title for an article or material produced or manufactured in a foreign country whose government unfairly maintains in government procurement a significant and persistent pattern or practice of discrimination against U.S. products or services which results in identifiable harm to U.S. businesses. Makes ineligible to receive a contract or subcontract from the Department of Commerce any person who fraudulently affixes a "Made in America" label to a product. Authorizes the Secretary, in certain circumstances, to award to a domestic firm a contract that, under competitive procedures, would be awarded to a foreign firm. Title II: Advanced Technology Program Amendments - Emerging Technologies and Advanced Technology Program Amendments Act of 1991 - Amends the NIST Act to require the Secretary and the NIST Director, in operating the Advanced Technology Program, to be guided by the findings and recommendations of the Biennial National Critical Technology Reports. Authorizes the Secretary, through the Director, to make grants and enter into contracts and cooperative agreements under the Program, including as a method for participating in U.S. joint research and development ventures. Empowers the Secretary to determine the appropriate share of licensing fees and royalty payments, up to the amounts with reasonable interest, of any monetary grants provided. Sets forth eligibility requirements for company participation in the Program. Requires assistance under the Program to be designed to support high risk projects with potential for eventual substantial widespread commercial application. Requires title to any intellectual property arising from assistance under the Program to vest in a company or companies incorporated in the United States. Allows the United States to retain a license in connection with such property. Allows a limited percentage of the funds appropriated for the Program to be used for standards development and technical activities by NIST in support of the purposes of the Program. Authorizes acceptance of funds from other Federal departments and agencies to support Program awards. Authorizes the Secretary, in carrying out NIST extramural funding programs, to retain amounts to pay for NIST's management of the programs. Amends the National Defense Authorization Act for Fiscal Year 1988 and 1989 and the Omnibus Trade and Competitiveness Act of 1988 to change references to the Under Secretary for Economic Affairs to references to the Under Secretary for Technology in provisions relating to: (1) membership on the Advisory Council on Federal Participation in Sematech; and (2) the conduct of a study on Federal participation in Sematech. Title III: Amendments to the Stevenson-Wydler Technology Innovation Act of 1980 - Amends the Stevenson-Wydler Technology Innovation Act of 1980 to remove fiscal year limitations from provisions requiring that each Federal agency transfer an amount to NIST for the Federal Laboratory Consortium for Technology Transfer. Adds references to intellectual property to provisions defining "cooperative research and development agreement." Amends the definition of "Federal agency" to include any agency of the legislative branch. Authorizes the use of appropriated funds to carry out the Act. Adds to the duties of the Secretary, through the Under Secretary for Technology, that of serving as a focal point for discussions among U.S. companies, trade associations, and labor unions on topics of interest to industry and labor. Title IV: Studies and Reports - Requires the Director of the Office of Science and Technology Policy to establish the High-Resolution Information Systems Advisory Board to monitor and foster the development of U.S.-based high-resolution information systems industries (defined as the equipment and techniques to create, store, recover, and play back high-resolution images and accompanying sound). Authorizes appropriations. Amends the National Science and Technology Policy, Organization, and Priorities Act of 1976 to mandate an annual report to the Congress on each major science and technology project in which more than one country is participating and which has a total estimated cost over one billion dollars. Modifies the required contents of the biennial national critical technologies report to the President. Allows a product or process to be considered a national critical technology if it is essential for U.S. long-term national security or economic prosperity (currently, national security and economic prosperity). Establishes the Commission on Technology and Procurement to analyze the effect of Federal Government procurement laws, procedures, and policies on the development of advanced technologies in the United States and to make recommendations on changing Federal policy to promote the development of advanced technologies. Authorizes appropriations. Directs the Secretary to report to specified congressional committees on the feasibility of establishing and operating a Federal Online Information Product Catalog (FEDLINE) at the National Technical Information Service (NTIS) to serve as a comprehensive inventory of information products and services disseminated by the Federal Government and assist agencies and the public in locating Federal Government information. Authorizes the NTIS Director to retain and use all monies received to fund obligations and expenses through the end of a specified fiscal year. Amends the National Technical Information Act of 1988 to add producing and disseminating information products in electronic format to the duties of the NTIS. Directs the Secretary to report to the Congress on the feasibility and advisability of establishing, in affiliation with NIST, a Quality Institute and a privately funded foundation to support the Quality Institute. Requires the report to consider whether that Institute should: (1) conduct workshops and company tours; and (2) help develop and disseminate model curricula. Amends the National Science and Technology Policy, Organization, and Priorities Act of 1976 to replace provisions establishing and setting forth the membership and functions of the Federal Coordinating Council for Science, Engineering, and Technology with provisions relating to the membership and functions of the Council and assistance to the Council by other Federal agencies. Directs the Secretary to contract with the National Research Council for a thorough review of international product testing and certification issues. Mandates a report to the Secretary, the President, and the Congress. Requires the Director of the Office of Science and Technology Policy to report to the Congress: (1) proposing a strategy for improving the university research capabilities of States which historically have received relatively little Federal research and development funding; and (2) on the feasibility and advisability of using the National Science Foundation's Experimental Program to Stimulate Competitive Research as a model for similar programs in other Federal departments and agencies which fund research and development. Directs the Secretary to report to specified congressional committees regarding a plan for coordination of Commerce Department efforts with other Federal agencies concerning high-resolution information systems.
Bill· SS. 1036 (102nd)open
United States · United States Congress · 9 May 1991
Lumbee Recognition Act - Extends Federal recognition to the Lumbee Tribe of Cheraw Indians of North Carolina. Authorizes any group of Indians in Robeson or adjoining counties, North Carolina, whose members are not enrolled in the Tribe to petition under specified provisions of the Code of Federal Regulations for acknowledgment of tribal existence. Makes the Tribe and its members eligible for all services and benefits provided to Indians because of their status as federally recognized Indians except that members of the Tribe shall not be entitled to such services until funds have been appropriated for such purposes. Deems members of the Tribe residing in Robeson and adjoining counties to be resident on or near an Indian reservation for purposes of the delivery of such services. Directs the Secretary of the Interior (the Secretary) and the Secretary of Health and Human Services: (1) upon verification of a tribal roll, to develop a determination of needs and a budget required to provide services to eligible members of the Tribe; and (2) to submit a written statement of such needs and budget with the first budget request submitted to the Congress after the fiscal year in which the tribal roll is verified. Authorizes the Tribe to plan and administer programs under Federal provisions pursuant to an annual written funding agreement between the Tribe and the Secretaries (in lieu of authority provided under the Indian Self-Determination and Education Assistance Act) specifying: (1) the services to be provided, and procedures for modifying budget allocations, within any fiscal year; and (2) the responsibility of the Secretary for, and procedure to be used in, auditing the expenditures of the Tribe. Directs the Lumbee Tribe to organize for its common welfare and to adopt a constitution and bylaws. Directs the Secretary to assist the Tribe in the drafting of a constitution and bylaws, the conduct of an election with respect to such constitution, and the reorganization of the Government of the Tribe under any such constitution and bylaws. Declares that, until the Tribe adopts a constitution and prior to such adoption, the opening of the tribal roll for a specified period to allow the enrollment of any individual previously enrolled in another Indian group or tribe in Robeson or adjoining counties who meet specified requirements, the membership of the Tribe shall consist (subject to review by the Secretary) of every individual who is named in the tribal membership roll that is in effect on the date of enactment of this Act. Requires the State of North Carolina to exercise jurisdiction over all criminal offenses committed, and all civil actions that arise, on specified tribal lands in North Carolina. Makes such Tribe eligible for certain agricultural loans to acquire land within reservations with respect to lands within the exterior boundaries of Robeson and adjoining counties, North Carolina. Authorizes appropriations, but requires proposals for expenditures of such funds to be submitted by the Tribe to specified congressional committees prior to any expenditure of such funds by the Tribe.
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