United States · United States Congress · 19 November 1991
Second National Blue Ribbon Commission to Eliminate Waste in Government Act - Establishes the Second National Blue Ribbon Commission to Eliminate Waste in Government to: (1) conduct a private sector survey on management and cost control in the Federal Government; (2) review executive agency operations and existing General Accounting Office, Congressional Budget Office, Inspector General Reports, and other existing governmental and nongovernmental recommendations for reducing waste; and (3) submit to the President and the Congress a list of those recommendations with estimated savings that the Commission determines are most significant and recommendations for improving the budget process, management, and reducing waste and costs in the Government. Requires the Commission to identify, address, and to report to the President and the Congress on: (1) opportunities for increased efficiency and reduced costs in the Government that can be realized by executive action or legislation; (2) areas in the Government where managerial accountability can be enhanced and administrative control can be improved; (3) specific Federal programs that have accomplished their objectives and ought to be terminated; (4) specific Federal program services that could be provided at a lower cost by the private sector; (5) specific reforms of the budget process that would yield savings, increase accountability and efficiency, and enhance public confidence in the budget process; (6) specific areas in the Government where further study can be justified by potential savings; and (7) specific recommendations for legislative and administrative actions. Requires the Commission to be funded, staffed, and equipped, to the extent practicable and permitted by law, by the private sector without cost to the Government.
United States · United States Congress · 18 November 1991
Amends the Internal Revenue Code to exclude from gross income the qualified military benefits of retired military personnel employed as administrators or instructors in the Junior Reserve Officers' Training Corps.
United States · United States Congress · 14 November 1991
Amends the Federal Election Campaign Act of 1971 to prohibit candidates for the House of Representatives from accepting contributions from persons other than local individual residents totaling in excess of the total contributions accepted from local individual residents. Limits contributions to candidates for Federal office by nonparty multicandidate political committees to $1,000. Subjects to limitation and reporting requirements payments by a national committee of a political party or a State committee of a political party for a mixed political activity. Repeals the office facility exception (building fund) from the definition of contribution. Requires the deposit of excess funds of candidates for the House of Representatives into a separate account to be used for any lawful purpose other than for such candidate's election.
United States · United States Congress · 7 November 1991
Civil Rights Reform Act of 1991 - Title I: Federal Civil Rights Remedies - Amends Federal law to declare that: (1) for purposes of provisions relating to equal rights under the law, the right to make and enforce contracts includes the making, performance, modification, and termination of contracts, and the enjoyment of all benefits, privileges, terms, and conditions of the contractual relationship; and (2) the rights protected by the amended provisions are protected against impairment by nongovernmental discrimination and impairment under color of State law. Allows limited compensatory and punitive damages in certain cases of intentional employment discrimination. Allows the awarding of attorney's fees in connection with an action or proceeding to enforce these provisions. Amends the Civil Rights Act of 1964 to provide for the burdens of proof which must be met by the various parties when an allegation of an unlawful employment practice is based on an assertion that a particular employment practice or particular employment practices result in disparate impact. Declares it an unlawful employment practice for a respondent, in connection with employment or promotion selection or referral, to adjust the scores of, use different cutoff scores for, or otherwise alter the results of, employment related tests on the basis of race, color, religion, sex, or national origin. Declares that an unlawful employment practice is established when it is shown that a discriminatory basis was a motivating factor, even though other factors also motivated the practice. Allows, when such mixed motives have been proven and the respondent shows it would have taken the same action in the absence of the impermissible motivating factor, declaratory relief, limited types of injunctive relief, and attorney's fees and costs demonstrated to be directly attributable only to the pursuit of a claim under the enforcement provisions of title VII. Prohibits, in such cases, awarding damages or issuing certain types of orders. Provides for the finality of litigated or consent judgments or orders resolving an employment discrimination claim, barring actions (challenging an order) by persons who had certain types of notice and opportunity. Amends the Civil Rights Act of 1964 and the Americans with Disabilities Act of 1990 to include U.S. citizens employed in a foreign country in the definition of "employee." Provides for the application of employment discrimination provisions to foreign situations. Amends the Civil Rights Act of 1964 to establish the Technical Assistance Training Institute to provide technical assistance and training regarding the laws and regulations enforced by the Equal Employment Opportunity Commission (EEOC). Authorizes appropriations. Requires the EEOC, with regard the rights and obligations under title VII or other laws, to carry out educational and outreach activities, including in languages other than English, targeted to: (1) individuals who have historically been victims of employment discrimination and who have not been equitably served by the EEOC; and (2) individuals on whose behalf the EEOC has authority to enforce any other law. Declares that an unlawful employment practice occurs, with respect to a seniority system that has been adopted for an intentionally discriminatory purpose, whether or not that purpose is apparent on the face of the system, when the system is adopted, when an individual becomes subject to the system, or when a person is injured by the application of the system. Amends Federal law to allow expert fees to be included in attorney's fees awarded to the prevailing party in an action to enforce provisions of Federal law relating to: (1) equal rights under the law and making and enforcing contracts; and (2) damages in cases of intentional employment discrimination. Amends the Civil Rights Act of 1964 to allow expert fees to be included in attorney's fees awarded to the prevailing party in an employment discrimination case. Extends the time limit for an aggrieved employee or employment applicant to file a civil action after notice of final action by a department, agency, or unit of the Federal Government. Requires the same interest to compensate for delay in payment by the Government as in cases involving non-public parties. Amends the Age Discrimination in Employment Act of 1967 (ADEA) to replace provisions providing for tolling of the statute of limitations for actions under the ADEA with provisions requiring the EEOC to give certain notice if it dismisses a charge or otherwise terminates proceedings. Allows a person to bring a civil action within a specified time limit. Prohibits construing certain amendments made by this Act to affect court-ordered remedies, affirmative action, or conciliation agreements that are in accordance with the law. Declares that: (1) the rights and protections under title VII (Equal Employment Opportunities) of the Civil Rights Act of 1964 shall apply with respect to any employee in an employment position in the House of Representatives and any employing authority of the House, with remedies and procedures as described in a specified House Resolution, as incorporated into the Rules of the House of Representatives; and (2) the provisions of this Act relating to such Resolution and Rules are enacted as an exercise in the rulemaking power of the House and may be changed as any other rule of the House. Provides for judicial review. Expresses the sense of the House that House Rules should address payments on behalf of Members who violate the nondiscrimination requirements of the Resolution. Declares that the rights and protections under this Act and title VII of the Civil Rights Act of 1964 shall apply with respect to the conduct of each instrumentality of the Congress, with the chief official of each instrumentality establishing the remedies and procedures to be used. Makes such remedies and procedures exclusive, except for employees who are defined as Senate employees. Defines instrumentalities of the Congress to include the Architect of the Capitol, the Congressional Budget Office, the General Accounting Office, the Government Printing Office, the Office of Technology Assessment, and the U.S. Botanic Garden. Encourages the use of alternative means of dispute resolution to resolve disputes arising under the Acts and provisions of Federal law amended by this Act. Title II: Glass Ceiling - Glass Ceiling Act of 1991 - Establishes the Glass Ceiling Commission to conduct a study and prepare recommendations concerning: (1) eliminating artificial barriers to the advancement of women and minorities; and (2) increasing opportunities and developmental experiences of women and minorities to management and decision making positions in business. Establishes the National Award for Diversity and Excellence in American Executive Management for a business which makes substantial effort to promote the opportunities and developmental experiences of women and minorities to foster advancement to management and decisionmaking positions. Allows an award recipient to publicize the receipt of the award and use the award in its advertising if the business agrees to help other U.S. businesses to improve opportunities and developmental experiences of women and minorities. Authorizes appropriations. Terminates the Commission and authority to make the award four years after enactment of this Act. Title III: Government Employee Rights - Government Employee Rights Act of 1991 - Requires all personnel actions affecting Senate employees to be made free from discrimination based on race, color, religion, sex, national origin, age, handicap, or disability. Establishes as an office of the Senate the Office of Senate Fair Employment Practices to implement provisions of this title and programs for the Senate to heighten awareness of employee rights in order to prevent violations. Sets forth a procedure for consideration of alleged violations, including a hearing by a board of independent hearing officers. Provides for remedies as under specified provisions of: (1) the Civil Rights Act of 1964; (2) other specified Federal law relating to equal rights under the law and compensatory damages for intentional discrimination; or (3) the Age Discrimination in Employment Act of 1967. Allows review by the Select Committee on Ethics. Allows and regulates subsequent judicial review. Prohibits intimidation and reprisal. Declares that: (1) subject to exception, provisions of this title are enacted by the Senate as an exercise of the rulemaking power of the Senate and may be changed as any other rule of the Senate; and (2) except for provisions governing judicial review, enforcement is in the exclusive jurisdiction of the Senate. Declares that it is not a violation to consider a Senate employee's or applicant's party affiliation, domicile, or political compatibility with the employing office. Prohibits actions to redress discriminatory practices under this title title except as provided in this title. Declares that it is the sense of the Senate that legislation should be enacted to provide the rights under this title to employees of congressional instrumentalities not provided with those rights. Declares that: (1) the Senate reaffirms its commitment to a Standing Rule of the Senate regarding employment discrimination within the Senate; and (2) notwithstanding any provision of this title, the Select Committee on Ethics shall retain full power with respect to disciplinary action. Applies certain rights of this title (prohibiting discrimination and providing for certain remedies) to employment of: (1) presidential appointees; and (2) individuals by an elected official of a State or political subdivision. Provides for enforcement by administrative action and for judicial review. Provides, notwithstanding title IV of this Act, for the severability of judicial review provisions of this title. Requires, as an exercise of the rulemaking power of the Senate and retaining the power to change the provision as any other Senate rule, that each Senate committee report on a public bill or joint resolution (except the Appropriations and Budget Committees) to note and evaluate provisions which apply to the Congress. Allows any Member of the Senate to intervene as a matter of right in any proceeding regarding judicial review under certain provisions of this title to determine the constitutionality of the provision. Allows appeal directly to the U.S. Supreme Court and requires that Court to accept jurisdiction and expedite the appeal. Title IV: General Provisions - Provides for severability of the provisions and the effective date of this Act.
United States · United States Congress · 7 November 1991
Calls upon the President not to proceed toward the normalization of diplomatic and economic relations with the Socialist Republic of Vietnam until the Senate Select Committee on POW/MIA Affairs has reported its findings on the accounting of missing American servicemen in Southeast Asia.
United States · United States Congress · 29 October 1991
1996 Atlanta Centennial Olympic Games Commemorative Coin Act - Provides for the minting and sale of commemorative gold and silver coins to support the 1996 Atlanta Centennial Olympic Games and the programs of the United States Olympic Committee.
United States · United States Congress · 24 October 1991
Authorizes the Air Force Association to establish a memorial on Federal land in the District of Columbia or its environs to honor the men and women who have served in the U.S. Air Force.
United States · United States Congress · 23 October 1991
Amends Federal bankruptcy law to establish a payment priority for retiree health benefit claims, with an aggregate limitation of $10,000 multiplied by the relevant number of former employees.
United States · United States Congress · 22 October 1991
Intermodal Safe Container Transportation Act of 1991 - Requires any person initially tendering, to a carrier of property, any container or trailer in interstate or foreign commerce having a gross weight of more than 10,000 pounds to give the carrier verification of the total cargo weight and a description of the cargo. Makes such requirement applicable only to intermodal transportation. Requires the Secretary of Transportation to adopt rules to enforce this Act and provides for State enforcement.
United States · United States Congress · 22 October 1991
Management Corps Act of 1991 - Requires the President to designate a private nonprofit organization which has demonstrated expertise in providing assistance to business enterprises in the Republics of the Soviet Union and the Baltic States through United States citizens with expertise in the management of business enterprises who voluntarily donate their time and services to such enterprises in those countries. Designates such organization as the Management Corps. Sets forth administrative provisions for such Corps. Provides for grants to the Corps to be made by the Secretary of State through the Agency for International Development. Requires the Corps to publish an annual report which shall be submitted to the Speaker of the House of Representatives and the President of the Senate. Authorizes appropriations for FY 1993 through 1995.
United States · United States Congress · 15 October 1991
Provides that the period for which expenses of the former Speakers of the House of Representatives may be paid shall end three years after the expiration date of such term of office, except that in the case of a former Speaker who is receiving such expenses on the date of the enactment of this Act, the period shall end three years after such date.
United States · United States Congress · 8 October 1991
Telecommunications Act of 1991 - Title I: Infrastructure Development - Amends the Communications Act of 1934 to provide for the establishment of a Federal-State Joint Board to impose and enforce network quality standards upon common carriers (CC) to ensure the continued maintenance and evolution of CC facilities and services. Directs the Board to initiate a rulemaking proceeding to establish standards, to be enforced by the Federal Communications Commission (FCC) and the State commissions as to matters within their respective jurisdictions, for measuring CC network quality. Requires each CC to submit to the Board a quarterly data report regarding compliance with the prescribed standards. Authorizes the Board to require periodic independent audits of CC compliance with such standards. Directs the FCC to establish enforcement penalties and procedures, including expedited customer complaint mechanisms, to ensure CC compliance with such standards. Requires each local exchange carrier (LEC) to provide interconnection, on a reasonable and nondiscriminatory basis, to CCs and other providers of telecommunications and information services who request it, and to provide the interconnecting party with physical colocation, unless it demonstrates by clear and convincing evidence that physical colocation is not technically practicable, in which case virtual colocation is required. Specifies that a rural exchange carrier (REC) shall not be required to provide interconnection to another LEC. Directs the FCC to: (1) adopt and make effective rules to enforce the obligations imposed by such Act; and (2) initiate a rulemaking to require that the interconnection offered by an LEC pursuant to such Act provide for the portability of telephone numbers. Requires the FCC to revise its order entitled "Filing and Review of Open Network Architecture Plans" to require that: (1) the plans for compliance with such order offer unbundled features and functions; (2) such features and functions are made available on a reasonably uniform basis by all of the CCs subject to such order, and are accessible throughout the service territory of each such carrier; (3) such plans include a schedule for timely offering of new features and functions; and (4) CCs subject to such order not unreasonably discriminate between affiliated and unaffiliated providers of information services in offering tariffed and non-tariffed features, functions, and capabilities. Directs the FCC, at least once every three years, to: (1) conduct a proceeding in which interested parties shall have an opportunity to comment on whether the order, as further revised, and the plans filed pursuant to it, have opened the networks of the carriers subject to such order to reasonable and non-discriminatory access by providers of telecommunications and information services; and (2) revise such order as necessary or appropriate and require the CCs subject to the order to file new plans consistent with such revisions, which shall also be subject to public comment and FCC review prior to their becoming effective. Restricts the release of personally identifiable customer information obtained or collected by an LEC in the course of providing telephone exchange information. Requires: (1) an LEC to prepare and file tariffs in accordance with such Act with respect to the interconnection and network access services required under such Act; (2) the costs that an LEC incurs in providing such services to be borne solely by the users of the features and functions comprising such services; and (3) the FCC to review such tariffs to ensure that the charges for such services are cost-based and the terms and conditions contained in such tariffs do not bundle together any separable elements, features, or functions. Requires: (1) an LEC to submit supporting information with its tariffs for interconnection and network access services that is sufficient to enable the FCC and the public to determine the relationship between the proposed changes and the costs of providing such services; and (2) the submission of such information to be pursuant to rules adopted by the FCC to ensure that similarly situated carriers provide such information in a uniform fashion. Authorizes an LEC to include in its tariffs for interconnection services an element intended to recover the amount necessary to preclude any substantial increases in the rates for telephone exchange service (service) that would otherwise result from the offering of interconnection services, subject to specified requirements. Directs the FCC to adopt and make effective rules governing the calculating of such element. Specifies that any amounts recovered by the LEC through the imposition of this additional element shall be used to defray the costs of providing service. Specifies that the resale of service in conjunction with the furnishing of an interstate telecommunications or any information service shall not be prohibited or subject to unreasonable conditions by the FCC, any State, or any LEC. Requires the FCC to: (1) adopt and make effective rules for the conduct of coordinated network planning by CCs; and (2) initiate an inquiry to examine the effects of competition in the provision of telephone exchange access and service on the availability and rates for service furnished by RECs. Directs the FCC to provide for expedited: (1) review of complaints alleging violations of service, quality, network access, and interconnection rules; and (2) licensing of new technologies or services related to the furnishing of telecommunications or information services determined to be in the public interest. Title II: Provisions Affecting Divested Operating Companies - Authorizes a divested operating company or affiliate (DOC) to provide information services, subject to specified requirements. Bars a DOC from offering electronic publishing services in any State in which it provides service until the FCC, after notice and opportunity for public comment, determines that: (1) at least 50 percent of all businesses and residences within the areas in each State in which such DOC provides service have access to transmission and switching facilities (other than those owned or controlled by a DOC) that are comparable to those offered by the DOC for the delivery of electronic publishing services; (2) at least ten percent of all businesses and residences within the areas in each State in which such DOC provides service subscribe to services delivered over such alternative facilities; and (3) the DOC seeking to provide such services has demonstrated that there is no substantial possibility that the DOC could use its position as an LEC to impede competition in the provision of electronic publishing services or impose additional costs upon service subscribers. Permits a DOC to petition the FCC for a waiver of restrictions on electronic publishing imposed under such Act. Requires such petition to be granted if the DOC can demonstrate by clear and convincing evidence that: (1) electronic publishing service would not exist unless offered by such DOC; and (2) the provision of such DOC would not impose additional costs upon service subscribers. Sets forth additional requirements. Permits a DOC to provide information services after October 1, 1991, only through a subsidiary that is separated from the service operations of the divested company, with exceptions. Provides for a minimum number of outside directors. Specifies that any transaction between a DOC and any other affiliate of such DOC (including the subsidiary): (1) shall not be based upon any preference or discrimination arising out of the affiliation, or have the effect of permitting any violation of the requirements of such Act; and (2) shall be carried out in the same manner as such company or affiliate conducts such business with unaffiliated persons, shall be pursuant to contract or tariff reported to the FCC and made available for public inspection, and shall be fully auditable and reflect all costs associated with the conduct of such business. Bars such subsidiary from: (1) entering into any joint venture or partnership with the DOC; (2) having employees or a financial structure in common with the DOC, except as provided in such Act; (3) owning any property in common with a DOC; or (4) establishing any other subsidiary or affiliate except after notice to the FCC in such form and containing such information as the FCC may require. Requires such subsidiary to: (1) carry out directly its own marketing, sales, accounting, hiring and training of personnel, purchasing, and maintenance; and (2) maintain books, records, and accounts, prepare its own financial statements, and prepare and file with the FCC the annual and periodic reports required of publicly traded companies by the Securities and Exchange Commission. Sets forth additional provisions with respect to: (1) advertising; (2) securities information; (3) outside ownership; (4) transmission capacity; (5) preservation of separate subsidiary requirements for grandfathered functions; (6) provision of services and information to others on the same terms and conditions as provided to the subsidiary; and (7) a cost allocation system requirement to prohibit any cost of providing information services from being subsidized by revenue from service or access services. Requires the FCC to establish cost assignment and allocation regulations, under which joint and common costs shall be allocated to unregulated services under a formula that ensures that the rates for service are no greater than they would have been in the absence of such investment, or based upon the highest forecast unregulated usage of the investment over the life of the investment, whichever method results in the lesser allocation of such costs to service. Directs the FCC, by regulation, to ensure that the economic risks associated with the provision of information services by DOCs are not borne by service customers in the event of a business loss or failure. Prohibits: (1) investments or other expenditures assigned to information services from being reassigned to service or access service; and (2) any DOC affiliate which is providing information services and is required to be, or is, structurally separate from an affiliate engaged in the provision of service from obtaining credit under any arrangement that would permit a creditor, upon default, to have recourse to the assets of the DOC, or would induce a creditor to rely on the tangible or intangible assets of the DOC in extending credit. Requires the FCC to prescribe regulations governing the accounting for the transfer of assets between a DOC and its affiliates which protect the interests of service ratepayers and meet specified requirements. Establishes an annual auditing requirement for each DOC that engages in, or has a financial or management interest in an entity that provides, information services. Sets forth provisions with respect to the conduct of the audit, submission and certification of audit results, and access to documents. Requires the FCC and a State commission, within their respective jurisdictions, to require a DOC to assess any affiliate providing information services a charge for the reasonable value of any intangible assets used in the provision of such services and to credit the amount of such charge to the provision of service. Bars a DOC from providing electronic publishing services, other than those it provided on or before October 1, 1991, in any State in which such DOC provides service, unless and until all entry barriers to the competitive provision of telecommunications services imposed by each State or State commission in which such DOC service have been removed with respect to such DOC. Requires any DOC that offers a gateway service to make such service available concurrently to all of its subscribers at the same rates, terms, and conditions. Sets forth enforcement provisions with respect to persons injured by a violation of requirements under such Act. Directs the FCC to take such actions as necessary to: (1) prevent anticompetitive practices between a DOC and any affiliate of the DOC; (2) protect ratepayers of DOCs from subsidizing the provision of information services by such DOCs; and (3) prevent any DOC from imposing any unjust or unreasonable rates or charges for any CC services provided in connection with the provision of information services. Authorizes appropriations. Title III: Miscellaneous Provisions - Authorizes a State to regulate the rates, terms, or conditions for the offering of information services, subject to specified requirements. Bars a State from imposing regulations upon an LEC with respect to the intrastate provision of information services by such carrier or affiliate if such regulations: (1) are necessary and appropriate to separate the provision of information services from the provision of service by such carrier or affiliate; (2) are intended to protect the privacy rights of service customers; (3) do not affect the rates, terms, or conditions for the provision of such information services or the types of such services offered by such carrier or affiliate; and (4) are not inconsistent with the purposes, or do not significantly impede the enforcement, of this Act or any regulation or order prescribed by the FCC pursuant to this Act. Specifies that: (1) nothing in this Act shall be construed to limit State authority to take actions, consistent with this Act, to ensure the availability of service at reasonable rates in areas served by RECs, to relieve a DOC of any obligations, limitations, or responsibilities imposed by any other provision of such Act, or to create any antitrust immunity to any civil or criminal action under Federal or State antitrust law, or alter or restrict the applicability of any Federal or State law to the actions of a DOC; and (2) a DOC shall remain fully subject to the order entered on August 24, 1982, in United States v. Western Electric Company .
United States · United States Congress · 8 October 1991
Medical Care Injury Compensation Reform Act of 1991 - Title I: Grants to States for Alternative Dispute Resolution Systems - Directs the Secretary of Health and Human Services to make grants to States for the implementation and evaluation of alternative dispute resolution (ADR) systems. Sets forth eligibility requirements for States seeking such grants. Directs the Secretary to award not less than ten such grants each fiscal year, with exceptions. Requires the Secretary to: (1) designate each State receiving such a grant as a model ADR State (making such State eligible for a two-year extension); and (2) disseminate information on the ADR systems implemented by such States to other States, health care professionals and providers, and other interested parties. Directs the Secretary to: (1) develop and promulgate standards and regulations necessary to carry out the grant program, including qualification standards that States must meet to receive grants and regulations establishing State data gathering requirements; (2) take into account, in developing qualification standards, specified factors such as the effectiveness of such systems in supporting access to health care, encouraging improvements in the quality of care, resolving claims promptly, and providing predictable outcomes; (3) provide States with technical assistance; and (4) report to the Congress, within four years of the first grant, describing and evaluating the ADR systems implemented. Title II: Uniform Standards for Malpractice Claims - Specifies that, with respect to any health care liability action brought in a Federal or State court and any medical malpractice claim or medical product liability claim subject to an ADR system: (1) no person may be required to pay more than $100,000 in a single payment in damages (whether for economic or non-economic losses) for expenses to be incurred in the future, but shall be permitted to make periodic payments (as determined by the court); (2) the total amount of damages that may be awarded to an individual and the family members of such individual for non-economic losses may not exceed $250,000; (3) the total amount of damages received by an individual shall be reduced by any other payment that has been or will be made to the individual to compensate such individual for the injury that was the subject of the action or claim; (4) a claimant's attorney's fees may not exceed 25 percent of the first $150,000 of any award or settlement, or 15 percent of any additional amounts, paid to the claimant; (5) the total amount of punitive damages that may be assessed may not exceed twice the total amount of the damages awarded to compensate the claimant for losses resulting from the injury; and (6) the liability of each defendant for non-economic losses shall be several only and not joint, and each defendant shall be liable only for the amount of non-economic losses allocated to the defendant in direct proportion to the defendant's percentage of responsibility. Establishes a two-year statute of limitations for medical malpractice and product liability claims, beginning on the earlier of the date on which the injury that is the subject of the action was discovered or the date it should reasonably have been discovered. Specifies that, in the case of a medical malpractice or product liability claim relating to services provided during labor or the delivery of a baby, if the claimant was not previously treated for the pregnancy by the defendant health care professional or provider a court may not find that the defendant committed malpractice and assess damages against the defendant unless the malpractice is proven by clear and convincing evidence. Bars a defendant from being found to have committed malpractice unless the defendant's conduct at the time of providing the health care services was not reasonable, except where the claimant asserts that the defendant is liable under a strict liability theory. Bars the award of punitive damages with respect to any medical product liability claim alleged against a medical product producer if the drug or device that is the subject of the claim: (1) was subject to approval or premarket approval under the Federal Food, Drug, and Cosmetic Act by the Food and Drug Administration (FDA) with respect to the safety or performance of the drug or device or the adequacy of the packaging or labeling; (2) was approved by FDA; or (3) is generally recognized as safe and effective pursuant to conditions established by FDA and applicable regulations. Makes an exception in the case of withheld information, misrepresentation, or illegal payment to an FDA official for purposes of securing approval of the drug or device. Provides for a separate proceeding to determine punitive damages. Sets forth provisions with respect to: (1) the admissibility of evidence; and (2) criteria for determining the amount of punitive damages. Provides that the U.S. district courts shall not have jurisdiction over health care liability actions based on Federal questions or based on specified provisions concerning commerce and antitrust regulations. Specifies that this title preempts State law only to the extent that State law: (1) permits the recovery by a claimant or the assessent against a defendant of a greater amount of damages; (2) permits the awarding of a greater amount of attorneys' fees; (3) establishes a longer period during which medical malpractice or product liability claims may be initiated; or (4) establishes a less strict standard of proof for determining whether a defendant has committed malpractice. Title III: Encouraging Establishment of Community and Migrant Health Center Risk Retention Group - Amends the Public Health Service Act to direct the Secretary to encourage the establishment of a nationwide risk retention group (RRG) for community and migrant health centers receiving assistance under such Act. Defines an RRG for purposes of this title as an entity defined in the Liability Risk Retention Act of 1986 that: (1) provides professional liability insurance and other types of profitable insurance approved for issuance by the Secretary to community and migrant health centers; (2) provides insurance that applies to all claims filed against a community or migrant health center after the entity initiates insurance coverage and to claims arising from acts that occurred prior to the initiation of coverage if the claims are not covered by other insurance; and (3) meets such other requirements as the Secretary may establish.
United States · United States Congress · 8 October 1991
Directs the Speaker of the House of Representatives to appoint a committee of two Members of the House to: (1) determine whether there has been unreasonable delay in transmitting the enrolled bill of S. 1722 (unemployment insurance) to the President; and (2) inform the Senate of the concern of the House over such delay.
United States · United States Congress · 3 October 1991
Small Business Jobs and Tax Benefits Act of 1991 - Amends the Internal Revenue Code to extend for one year the following expiring provisions: (1) the credit for increasing research activities; (2) the targeted jobs credit; (3) the tax exclusion for employer-provided educational assistance; (4) the authority to issue qualified small issue bonds to finance manufacturing facilities and farm property; and (5) the itemized deduction for health insurance costs of self-employed individuals.
United States · United States Congress · 2 October 1991
Directs the Secretary of Transportation to apportion for all States for FY 1993 sums authorized to be appropriated for such year by the Federal-Aid Highway Act of 1956 for expenditure on the Dwight D. Eisenhower National System of Interstate and Defense Highways, using specified apportionment factors. Extends the apportionment of funds for the Federal highway program through 1993. Authorizes appropriations of one-sixth of the funding under the Surface Transportation and Uniform Relocation Assistance Act of 1987 (STURAA) for FY 1991 for use in FY 1992 and 1993. Makes provisions of STURAA dealing with disadvantaged business enterprise requirements applicable to amounts authorized to be appropriated under this Act. Extends through 1992: (1) the Federal-Aid Primary apportionment formula; and (2) the off-system bridge program. Authorizes appropriations for FY 1992 for the interstate highway substitute program. Provides for funding (at a reduced level) for the interstate and bridge discretionary programs. Amends the Department of Transportation and Related Agencies Appropriations Act, 1988 to extend the 65 mile per hour speed limit demonstration program.
United States · United States Congress · 2 October 1991
Small Business Economic Opportunity Enhancement Act of 1991 - Amends the Small Business Act to establish a five-year microloan demonstration program to: (1) make direct loans to intermediaries (i.e. community development corporations) for short-term loans to eligible small businesses microenterprises; and (2) make grants to intermediaries for marketing, management, and technical assistance to small business borrowers. Amends the Social Security Act to include the microloan demonstration program within the services and activities provided under the JOBS program. Permits such microenterprises to participate in the Aid to Families with Dependent Children Program without adversely impacting upon their Federal benefits. Amends the Consolidated Farm and Rural Development Act and the Housing and Community Development Act of 1974 to include microenterprises within their purview of eligible participants. Expresses the sense of the Congress that a specified percentage of amounts appropriated under such Acts be reserved for microenterprise assistance. Amends the Job Training and Partnership Act to authorize training activities for microenterprises.
United States · United States Congress · 1 October 1991
Resolution Trust Corporation Amendments Act of 1991 - Amends the Federal Home Loan Bank Act: (1) to terminate the Resolution Trust Corporation on December 31, 1994 ( currently, no later than December 31, 1996); and (2) to extend the period of appointment of the Corporation as conservator or receiver of savings associations.
United States · United States Congress · 24 September 1991
Fair Competition in Broadcasting Act of 1991 - Amends the Communications Act of 1934 to prohibit, one year after the enactment of the Local Broadcast Service Protection Act of 1991, any cable system (system) or other multichannel video programming distributor (MVPD) from retransmitting the signal of a commercial broadcasting station, or any part thereof, without the express authority of the originating station, with exceptions. Makes such prohibition inapplicable to the retransmission of the signal of a broadcasting station to a home satellite antenna by a cable operator (operator) or other MVPD of the signal of a superstation if the originating station was a superstation on May 1, 1991, and the system or other MVPD does not obtain the signal directly from the originating station. Directs the Federal Communications Commission (FCC) to establish regulations to govern the exercise by television (TV) stations of the right to grant retransmission authority and the right to signal carriage under such Act. Specifies that: (1) such regulations shall require that TV stations make an election between such rights; (2) if an originating TV station elects to exercise its right to grant retransmission authority, such Act shall not require the carriage of the signal of such station by such system; (3) such election shall not interfere with or supersede the rights of any station electing to assert the right of signal carriage; and (4) such provisions shall not be construed as affecting program licensing agreements between broadcasters and program suppliers. Requires each system operator with: (1) 12 or fewer usable activated channels to carry the signals of at least three local commercial TV stations, with exceptions where there are 300 or fewer subscribers; and (2) more than 12 such channels to carry the signals of local commercial TV stations up to one third of the aggregate number of usable activated channels of such system. Grants the operator discretion in selecting which signals to carry on its system whenever the number of local commercial TV stations exceeds the maximum number of signals a system is required to carry under such provision, with exceptions. Requires an operator to carry: (1) in its entirety, on the system of that operator, the primary video and accompanying audio transmission of each of the local commercial TV stations carried on the system and, to the extent technically feasible, program-related material carried in the vertical blanking interval or on subcarriers; and (2) the entirety of the program schedule of any TV station carried on the system unless carriage of specific programming is prohibited, and other programming authorized to be substituted, under Federal regulations. Requires that: (1) the signals of local commercial TV stations that an operator carriers be carried without material degradation; (2) the FCC adopt carriage standards to ensure that, to the extent technically feasible, the quality of signal processing and carriage provided by a system for the carriage of local commercial TV stations will be no less than that provided for carriage of any other type of signal; and (3) the FCC, at such time as it prescribes modifications of the standards for TV broadcast signals, initiate a proceeding to establish any changes in the signal carriage requirements of cable TV systems necessary to ensure cable carriage of such broadcast signals of local commercial TV stations which have been changed to conform with such modified standards. Specifies that an operator shall not be required to carry the signal of any local commercial TV station that substantially duplicates the signal of another local commercial TV station which is carried on its system, or to carry the signals of more than one local commercial TV station affiliated with a particular broadcast network. Sets forth provisions with respect to: (1) channel positioning; (2) signal availability; (3) identification of signals carried; and (4) notification of a local commercial TV station prior to deleting carriage or repositioning the station. Bars an operator from accepting or requesting compensation for carriage of local commercial TV stations or for channel positioning rights, with exceptions. Establishes procedures for complaints by broadcast stations against operators. Directs the FCC to: (1) afford the operator an opportunity to respond to the allegations; and (2) make a determination and take appropriate action with respect to the complaint. States that no operator shall be required to provide or make available, or provide information to subscribers about, any input selector switch or comparable device. Directs the FCC to issue regulations implementing the requirements established by this Act. Specifies that nothing in this Act shall require (or prohibit) an operator to (or from) carrying on any tier the signal of any commercial TV station or video programming service that is predominantly utilized for the transmission of sales presentations or program length commercials. Requires an operator with: (1) 12 or fewer usable activated channels to carry the signal of at least one qualified local noncommercial educational TV station; and (2) 13 to 36 such channels to carry the signal of at least one such station (but does not require carriage of the signals of more than three such stations). Sets forth additional requirements where a system operates beyond the presence of any qualified local noncommercial educational TV station. Requires all operators to continue to provide carriage to all qualified local noncommercial educational TV stations whose signals were carried on their systems as of March 29, 1990, subject to waiver under specified circumstances. Specifies that: (1) an operator required to add the signals of qualified local noncommercial educational TV stations to a system may do so by placing such additional stations on public, educational, or governmental channels not in use for their designated purposes; (2) an operator of a system with a capacity of more than 36 usable activated channels which is required to carry the signals of three qualified local noncommercial educational TV stations shall not be required to carry the signals of additional such stations the programming of which substantially duplicates the programming broadcast by another qualified local noncommercial educational TV station requesting carriage; and (3) a qualified local noncommercial educational TV station whose signal is carried by an operator shall not assert any network nonduplication rights it may have under specified Federal regulations to require the deletion of programs aired on other qualified local noncommercial educational TV stations whose signals are carried by such operator. Requires an operator to: (1) retransmit in its entirety the primary video and accompanying audio transmission of each qualified local noncommercial educational TV station whose signal is carried on the system and, to the extent technically feasible, program-related material carried in the vertical blanking interval, or on subcarriers, that may be necessary for receipt of programming by handicapped persons or for educational or language purposes; and (2) provide each qualified local noncommercial educational TV station whose signal is carried with bank-width and technical capacity equivalent to that provided to commercial TV broadcast stations carried on the system, and carry the signal of each qualified local noncommercial educational TV station without material degradation. Sets forth additional provisions with respect to: (1) notification of changes in carriage; (2) signal quality; (3) channel positioning; (4) availability of signals; (5) payment for carriage (which is generally prohibited); (6) complaint procedures and remedies; and (7) signal identification.
United States · United States Congress · 24 September 1991
Emergency Unemployment Compensation Act of 1991 - Title I: Emergency Unemployment Compensation Program - Establishes an emergency unemployment compensation program. Allows any State to enter into and participate in an agreement with the Secretary of Labor (the Secretary) under which the State agency which administers the State unemployment compensation law will make payments of emergency unemployment compensation: (1) to individuals who have exhausted all rights to regular compensation under State law, have no rights to such regular compensation or any additional State or Federal compensation, and are not receiving Canadian compensation; and (2) for any week of unemployment beginning in the individual's eligibility period. Sets forth provisions relating to exhaustion of regular benefits and weekly amount of emergency benefits equal to regular benefits. Requires a State, under such an agreement, to establish an emergency unemployment compensation account with respect to the benefit year of each eligible individual who files an application. Limits benefit payments to not more than the amount in the individual's account. Sets forth formulas for determining the amount in such account. Provides that the applicable limit in such account shall be equal to: (1) ten weeks during a five-percent period (triggered if the adjusted rate of insured unemployment for such week and the immediately perceding 12 weeks is at least five percent; and (2) six weeks for any other period. Sets forth special rules relating to such applicable limits. Requires reduction in such account by the amount of extended benefits received by the individual relating to the same benefit year under the Federal-State Extended Unemployment Compensation Act of 1970. Sets the weekly benefit amount at the amount of regular compensation (including dependents' allowances) payable under the State law to the individual for such week for total unemployment. Provides for determination of periods and applicable triggers. Provides for a minimum period. Provides, in general, that no emergency unemployment compensation shall be payable to any individual under this Act for any week beginning: (1) before the later of October 1, 1991, or the first week following the week in which an agreement under this Act is entered into; or (2) after June 30, 1992. Sets forth transition and reachback provisions for the eligibility of certain individuals for such benefits, as exceptions to such general rule. Provides for payments to States having such agreements for emergency unemployment compensation. Sets forth financing provisions. Requires that funds in the extended unemployment compensation account of the Unemployment Trust Fund be used to make payments to States having agreements under this Act. Authorizes appropriations to the extended unemployment compensation account of sums necessary to pay emergency unemployment compensation payable: (1) under specified provisions for former members of the Armed Forces; and (2) on the basis of certain services performed for nonprofit organizations or governmental entities, to which certain Internal Revenue Code provisions relating to State unemployment compensation law apply. Sets forth provisions relating to fraud and overpayments. Defines the individual eligibility period under this Act. Amends specified Federal law to repeal certain limitations on payment of unemployment compensation to former members of the Armed Forces. Reduces the length of required active duty by reserves for purposes for such payment, if the reservist served on active duty in the Persian Gulf area of operations in connection with Operation Desert Storm. Title II: Collection of Nontax Debts - Amends the Deficit Reduction Act of 1984 to provide for permanent extension of provisions relating to collection of nontax debts owed to Federal agencies. Title III: Guaranteed Student Loans - Amends title IV (Student Assistance) of the Higher Education Act of 1965 (HEA) to revise provisions relating to the Stafford student loan program (including guaranteed student loans and federally-insured student loans). Requires, in the case of such student loan applicants over age 21, that the lender: (1) obtain a credit report; and (2) require a cosigner for such applicants who have adverse credit histories. Allows the lender to charge such applicants for the actual cost of such credit reports, up to $25. Requires the lender to obtain the borrower's driver's license number, if any, at the time of application for such a student loan. Directs eligible institutions to require borrowers of any student loan under HEA to supply the following exit interview information: (1) their expected permanent address after leaving the institution; (2) the name and address of their expected employer; and (3) the name and address of their next of kin. Requires student loan interest-subsidy insurance program agreements to require the lender to obtain the borrower's authorization for entry of judgment against the borrower in the event of default. Provides for wage garnishment for student loan collection. Authorizes a guaranty agency, or the Secretary where appropriate, to garnish the disposable pay of an individual to collect the amount owed or the required repayment, subject to certain conditions. Provides for data matching. Authorizes the Secretary of Education to obtain from Federal agencies specified information relating to an individual for student loan collection purposes. Title IV: Electromagnetic Spectrum Function - Emerging Telecommunications Technologies Act of 1991 - Requires the Secretary of Commerce and the Chairman of the Federal Communications Commission (FCC) to conduct biannual joint electromagnetic spectrum planning meetings with respect to: (1) future spectrum needs and the allocation actions to accommodate those needs; and (2) actions to promote the efficient use of the spectrum. Requires an open process and joint annual reports to the President. Directs the Secretary to submit reports to the President that identify frequency bands that: (1) are allocated on a primary basis for Government use and eligible for licensing pursuant to the Communications Act of 1934 (the Act); (2) are not required for the present or identifiable future Government needs; (3) can be made available for use under the Act for non-Government users; (4) are likely to have significant value for such users; and (5) will not result in excessive costs to the Government. Sets forth criteria for identifying, and recommending for reassignment or sharing, such frequency bands. Requires such reports to make an initial identification of 30MHz of spectrum for immediate reallocation and distribution by the FCC pursuant to competitive bidding procedures, and preliminary and final identifications of additional reallocable frequency bands. Directs the Secretary to convene a private sector advisory committee to: (1) review frequency bands identified in the preliminary report; (2) advise the Secretary with respect to those bands which should be included in the final report; (3) receive public comment on the reports; and (4) prepare and submit to the Secretary and specified congressional committees a report on recommendations for the reform of allocating the spectrum between Government and non-Government users. Directs the President to: (1) withdraw or limit the assignment to a Government station of any frequency recommended in the initial identification report for rellocation; (2) withdraw or limit the assignment to a Government station of any frequency recommended in the final report for reallocation or mixed use; (3) assign or reassign other frequencies to Government stations as necessary to adjust to such withdrawal or limitation of assignments; and (4) publish in the Federal Register a notice and description of such actions taken. Authorizes the President to substitute alternative frequencies in the interests of national security, important Government needs, public health or safety, or Federal financial considerations. Provides that any Government licensee, or non-Government entity operating on behalf of a Government licensee, that is displaced from a frequency pursuant to this Act may be reimbursed not more than the incremental costs it incurs, in such amounts as provided in advance in appropriation Acts, that are directly attributable to the loss of the use of the frequency pursuant to this Act. Authorizes appropriations to affected licensee agencies to cover such costs. Directs the FCC to form a plan to assign the spectrum identified in the initial report pursuant to competitive bidding procedures during FY 1994 through 1996. Directs the FCC to submit to the President a plan for the distribution of the remaining reallocated frequency bands. Authorizes the President to reclaim reallocated frequencies for reassignment to Government stations. Sets forth procedures for reclaiming frequencies. Amends the Act to require the FCC to use competitive bidding for awarding all initial licenses and new construction permits, subject to specified exclusions. Outlines criteria for awarding licenses and permits under competitive bidding procedures. Prohibits licensing by lottery when competitive bidding is required. Title V: Dislocated Workers - Directs the Secretary of Labor to give special consideration to providing services to dislocated workers in the timber industry in the State of Washington, in determining specified programs and activities to be funded under the Job Training Partnership Act in FY 1991 and 1992. Title VI: Deficit Reduction Requirement - Set forth the congressional finding that provisions contained in titles I through V of this Act would lead to a reduction in the deficit. Declares that the Congress designates all direct spending amounts (both increases and decreases) provided by such titles (for all fiscal years) as emergency requirements under specified provisions of the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Requires, as a condition for any provisions of this Act to take effect, that the President: (1) make a determination and notify the Congress that this Act would reduce the deficit cumulatively for FY 1991 through 1996; and (2) submits a written designation of all direct spending amounts (both increases and decreases provided by titles I through V of this Act for all fiscal years) as emergency requirements under such specified provisions of the Balanced Budget and Emergency Deficit Control Act of 1985.
United States · United States Congress · 24 September 1991
Medicare EKG Payment Restoration Act of 1991 - Amends part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act to: (1) reestablish separate payment for the interpretation of electrocardiograms (EKGs) that are ordered or performed during an office visit or consultation with a physician; and (2) require the Secretary of Health and Human Services to establish separate fee schedule amounts for EKG interpretations and to adjust the relative values established for office visits to or consultations with a physician to reflect the establishment of such separate fee schedule amounts. Directs the Secretary to: (1) establish practice guidelines for the use of EKGs for dissemination along with other educational information relating to the use of EKGs to physicians; (2) develop a profile of the use of EKGs by physicians; and (3) conduct a study and report to the Congress on the utilization and costs of EKGs.
United States · United States Congress · 24 September 1991
Expresses the sense of the Congress that it is inappropriate for the Federal Government to take actions that have the effect of preempting the tax decisions of State governments. Protests the decision of the Secretary of Health and Human Services to prohibit Federal payments under the Medicaid program (title XIX of the Social Security Act) relating to State Medicaid expenditures that are made from revenues derived from provider-specific taxes. Urges the Secretary to drop the proposed rule implementing his decision.
United States · United States Congress · 17 September 1991
Revises provisions concerning health care for members and certain former members of the armed forces to entitle members or former members who are eligible for retired or retainer pay and for Medicare to medical and dental care in any uniformed service medical facility. Provides that such facilities will recover the costs of such care from Medicare Subvention funding. Provides that the costs of care for members or former members who are not eligible for Medicare will be recovered from the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) Subvention funding. Revises provisions concerning health care for military dependents to provide that the uniformed services facilities providing such care will recover costs from Medicare or CHAMPUS, as appropriate. Prohibits medical or dental care from being provided to an otherwise eligible person at a military treatment facility only if the senior or commanding officer of such facility determines that such facility cannot provide the particular care required because of lack of space or facilities or because such type of care is not provided at such facility. Requires the administering Secretary to be advised immediately when a determination to deny treatment is made, with a verifiable date as to when the restriction will be removed. Amends title XVIII (Medicare) of the Social Security Act to make Department of Defense and Department of Veterans Affairs treatment facilities eligible for Medicare payments as long as they meet requirements applicable to hospitals and skilled nursing facilities under such title.
United States · United States Congress · 11 September 1991
Veterans Bill of Rights Act - Directs the Secretary of Veterans Affairs to take all necessary action to ensure that all rights and benefits provided under Federal law to qualified veterans are: (1) made available to veterans to the same extent in every State or geographic location; and (2) not denied on the basis of race, ethnicity, sex, religion, age, or geographic location.
United States · United States Congress · 2 August 1991
Intermodal Carriers Competitiveness Act of 1991 - Prohibits a State, political subdivision, or interstate agency of two or more States from adopting or enforcing any law, rule, regulation, or standard relating to interstate or intrastate rates, routes, services, or terms of service of any national intermodal carrier with respect to the provision of surface transportation of property in the State.
United States · United States Congress · 2 August 1991
United States Flag Cruise Ship Competitiveness Act of 1991 - Amends Federal law (commonly referred to as the Johnson Act) relating to transportation of gambling devices to exclude from the definition of interstate commerce, transportation from a State to the same State through a place outside that State when such commerce may only be conducted through points not in that State. Repeals all of a specified Federal law (commonly referred to as the Gambling Ship Act) except provisions relating to the transmission of wagering information. Makes unlawful certain actions in connection with a vessel which has any gaming establishment aboard unless in compliance with certain regulations, including registration with the Attorney General and licensing by a State. Provides for certification by the Attorney General of State procedures.
United States · United States Congress · 2 August 1991
Chattahooche Forest Protection Act of 1991 - Designates certain lands in the Chattahoochee National Forest, Georgia, as wilderness and therefore as components of the National Wilderness Preservation System. Designates such lands, as follows: (1) the Blood Mountain Wilderness; (2) the Mark Trail Wilderness (from lands depicted as the Chattahoochee Headwaters Wilderness); and (3) an additional part of the Brasstown Wilderness as designated by the Georgia Wilderness Act of 1986. Directs the Secretary of Agriculture (the Secretary) to administer each such wilderness area designated by this Act in accordance with the Wilderness Act. Designates certain lands in such Forest as: (1) the Coosa Bald Scenic Area; and (2) the Springer Mountain National Recreation Area. Directs the Secretary to administer such areas in a specified manner. Provides that completion of existing timber sales under contract shall not be prevented by such designations. Withdraws such areas from disposition under all laws pertaining to mineral leasing. Directs the Secretary to file a map and legal description of each area designated by this Act with specified congressional committees. Exempts any privately held lands within these designated areas from the purposes of this Act.
United States · United States Congress · 2 August 1991
Foreign Capital and Securities Markets Study Act of 1991 -Directs the Secretary of the Treasury to study and report to the Congress on the capital and securities markets of Japan and their implications for and economic effects on the United States.
United States · United States Congress · 2 August 1991
Food Quality Protection Act of 1991 - Title I: Cancellation and Suspension - Amends provisions of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) relating to cancellation and changes in classification or other terms or conditions of registration with respect to the authority of the Administrator of the Environmental Protection Agency. Requires that a rulemaking under such provisions be based on a validated test or other significant evidence raising prudent concerns of unreasonable adverse effects to man or to the environment. Sets forth procedural requirements for such a rulemaking. Provides for amendment of a rule and for judicial review. Allows the Administrator, in the case of a suspension, to waive certain requirements. Allows the Administrator to elect to proceed with a special review proceeding or a public interim administrative review proceeding, if published before a specified date, under the law in effect before enactment of this Act. Requires the Administrator to reassess each tolerance and exemption from the requirement for a tolerance at certain times in connection with reregistration of pesticides. Establishes the Science Review Board to assist the Scientific Advisory Panel in reviews conducted by the Panel. Revises procedures applicable after denial of an application for registration. Allows the Administrator to deny an application for registration because it does not comply with the requirements of a rule issued under provisions of this Act. Repeals provisions regulating the authority of the Administrator to initiate a public interim administrative review process. Declares a decision made after a hearing in certain circumstances during phase three of reregistration to be final. Amends provisions regulating: (1) review by district courts of suspension of registrations; and (2) public hearings. Title II: Data Collection - Directs the Secretary of Agriculture to collect pesticide use data of Statewide or regional significance for all the major crops and crops of dietary significance. Mandates research, development, and dissemination of integrated pest management techniques and other pest control methods that enable producers to reduce or eliminate application of pesticides which pose a greater than negligible dietary risk to humans. Title III: Amendments to the Federal Food, Drug, and Cosmetic Act - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to define, subject to exception, "pesticide chemical" as it is defined in the FIFRA. Adds to the list of prohibited acts under the FDCA violation of provisions relating to confidentiality of data, as amended by this Act. Deems a food adulterated if it bears or contains: (1) a pesticide chemical residue that is unsafe; or (2) a new animal drug, or conversion product thereof, that is unsafe. Sets forth requirements relating to tolerances and exemptions from the requirement of a tolerance for pesticide chemical residues in food, including residues of degradation products. Prohibits establishment of a tolerance higher than a level the Administrator of the Environmental Protection Agency determines is adequate to protect the public health. Sets forth the factors the Administrator must consider. Allows a greater than negligible dietary risk if: (1) use protects from greater adverse health effects to humans or the environment; (2) use avoids greater risks from another pesticide; or (3) the unavailability of the pesticide would reduce the availability of an adequate, wholesome, and economical domestic supply of the food, and the adverse effects from the reduction would outweigh the risk posed by the residue. Allows the Administrator to issue an exemption from the requirement for a tolerance only if the Administrator determines that a tolerance is not needed to protect the public health, in view of the levels of dietary exposure that could reasonably be expected to occur. Sets forth the factors the Administrator must consider. Sets forth procedures and requirements in connection with: (1) petitions for tolerances or exemptions; (2) certain actions authorized on the Administrator's own initiative; (3) the required submission of additional data to support the continuation of a tolerance or exemption; and (4) confidentiality of data submitted to the Administrator. Provides for continuation of previously issued regulations. Sets forth transitional provisions. Prohibits a final rule that revokes, modifies, or suspends a tolerance or exemption until the Administrator has taken any necessary action under the FIFRA with respect to the registration of the pesticide involved. Requires the Administrator, if the Administrator takes certain actions with respect to the registration of a pesticide, to revoke any tolerance or exemption that allows the presence of the chemical or chemical residue. Requires the suspension of any tolerance or exemption upon the suspension of the use of an associated registered pesticide. Provides for: (1) tolerances for unavoidable residues in the case of a residue of a canceled or suspended pesticide chemical that will unavoidably persist in the environment and thereby be present in or on a food; and (2) residues resulting from an application which was lawful at the time of the application. Directs the Administrator to require the payment of fees sufficient for the Administrator's functions under these provisions. Prohibits, subject to exception, a State from establishing or enforcing any limit on a qualifying pesticide chemical residue in or on any food which is not identical to Federal requirements. Prohibits a State from enforcing a residue limit which was lawful at the time of application. Authorizes appropriations for increased monitoring by the Secretary of Health and Human Services of pesticide residues in imported and domestic food.
United States · United States Congress · 2 August 1991
Semiconductor Investment Act of 1991 - Amends the Internal Revenue Code to classify the depreciable life for semiconductor manufacturing equipment as three-year property.
United States · United States Congress · 2 August 1991
Revenue Estimating Accuracy and Sunshine Act of 1991 - Amends the Congressional Budget and Impoundment Control Act of 1974 to require reports accompanying the concurrent resolution on the budget to include technical explanations setting forth the economic data, assumptions, and methodology in sufficient detail to permit replications of the results by nongovernmental analysts. Amends the Internal Revenue Code to require the Joint Tax Committee to follow such procedure in reports accompanying legislation considered or reported by the Committee on Finance or the Committee on Ways and Means. Requires the Joint Tax Committee, in determining the effect on revenues of any legislation, to use a dynamic, general equilibrium model. Requires the Committee, in formulating such model, to take into account: (1) economic effects such as production and employment changes resulting from tax changes; (2) reductions in Federal revenues from impacts on production and employment resulting from tax changes; (3) international consequences of tax changes; and (4) impacts on other Federal taxes. Directs the Joint Committee to also provide an estimate of the effects on State and local tax revenues as a result of the impacts on production and employment resulting from Federal tax changes. Provides that an appointment of the Chief of Staff of the Joint Committee may only be made if approved by recorded vote, by at least two-thirds of the members of the Joint Committee. Expresses the sense of the House of Representatives that any additional costs incurred to comply with this Act shall be financed in a deficit neutral manner through offsetting spending reductions.
United States · United States Congress · 1 August 1991
Veterans Dignity in Health Care Act of 1991 - Grants veterans who are patients or residents in Department of Veterans Affairs (VA) medical centers, nursing homes, and domiciliaries the right to purchase and use tobacco products. Directs the Secretary of Veterans Affairs to ensure that: (1) each VA facility that maintains a commissary or canteen makes tobacco products available through, and provides patients or residents access to, the commissary or canteen; and (2) each VA facility maintains and provides patients or residents access to an indoor patient smoking area.
United States · United States Congress · 1 August 1991
Amends the Internal Revenue Code to increase the exclusion from gross income for combat pay of commissioned officers (from $500 to $2,000 monthly). Requires the transfer from the Defense Cooperation Account to the general fund of the Treasury such amounts as determined necessary to offset the revenue loss caused by this amendment during the period of the Persian Gulf conflict.
United States · United States Congress · 1 August 1991
Military Retirement Equity Act of 1991 - Permits retired members of the armed forces to be paid retirement pay concurrently with compensation for any service-connected disability if the person's entitlement to such retirement pay is based solely on: (1) age; (2) length of service; or (3) both. Reduces the amount of retirement pay, in the case of individuals receiving both types of pay, by a specified percentage of the disability compensation which decreases as the disability rating increases. Prohibits any reduction in the retirement pay of a disabled person when the disability rating is total. Expresses the sense of the Congress that, once the Federal budget deficit has been reduced, the Congress should reexamine and eliminate any offset of retired pay by a veteran's disability compensation.
United States · United States Congress · 1 August 1991
Police Corps and Law Enforcement Training and Education Act - Establishes within the Department of Justice (DOJ) an Office of the Police Corps and Law Enforcement Education to be headed by a Director. Requires a State that desires to participate in the Police Corps program to designate a lead agency and submit a State plan containing assurances with respect to: (1) lead agency cooperation with other State and local agencies; (2) the State advertising of the assistance available; (3) State screening and selection of law enforcement personnel for participation in the program; and (4) compliance with other specified requirements. Authorizes the Director to award college scholarships (including direct payments to institutions and reimbursement of educational costs) to participants who agree to work for four years in a State or local police force after completion of a baccalaureate program and police corps training, subject to specified conditions. Sets forth provisions with respect to: (1) scholarship assistance for dependent children of law enforcement officers killed in the line of duty; (2) the selection of participants; (3) minority recruitment; and (4) leaves of absence. Requires the Director to establish programs to provide basic law enforcement training to State Police Corps program participants. Authorizes such programs to be carried out: (1) at up to three training centers established and administered by the Director; or (2) by contracting with existing State training facilities. Requires participants to attend two eight-week training sessions at such training centers and to meet certain performance standards in order to remain in the Police Corps program. Requires the Director to pay participants a weekly stipend during training. Provides for the swearing in of participants as members of the police force to which they are assigned after completing Federal training and meeting the requirements of that police force. Authorizes the Director, upon a showing of good cause, to permit a participant to complete the service obligation in an equivalent alternative law enforcement service, if the police force of which the participant is a member subjects the participant to discipline which would preclude completion of four years of service on that force. Requires a State, in order to participate in the Police Corps program, to submit a plan for implementing such program to the Director for approval. Requires such plan to: (1) include assurances that participants will receive effective training and leadership; (2) provide that program participants shall be assigned to community and preventive patrol in geographic areas with the greatest need for additional law enforcement personnel; and (3) prohibit participant assignment to any local police force whose size has declined by a specified portion or which has members who have been laid off but not retired. Requires the Director to report annually on the Police Corps program to the Attorney General, the President, and specified congressional officials. Authorizes appropriations.
United States · United States Congress · 31 July 1991
Amends title XVIII (Medicare) of the Social Security Act to limit Medicare coverage of chiropractic services to certain spinal manipulations and physical examinations and X-rays furnished to an individual to determine if spinal manipulations are appropriate therapy, conducted by State-licensed chiropractors who are legally authorized by the State to provide such services.
United States · United States Congress · 31 July 1991
Economic Growth Act of 1991 - Title I: Investment and Job Creation Incentives - Subtitle A: Reduction in Capital Gains Tax for Individuals - Amends the Internal Revenue Code to allow a capital gains deduction for individuals for assets held from one to three years. Provides special rules for the gain or loss from the sale or exchange of collectibles and sales of interest in partnerships. Disallows such deduction in computing the alternative minimum tax. Revises the formula for determining gain from the dispositions of certain depreciable realty to take into account depreciation adjustments (adjustments allowed or allowable for exhaustion, wear and tear, obsolescence, or certain amortization). Subtitle B: Inflation Adjustment for Investments - Requires indexing, based on the consumer price index, 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 after April 15, 1991) 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 the inflation adjustment treatment of: (1) short sales; (2) regulated investment companies and real estate investment trusts; and (3) partnerships, S corporations, and common trust funds. Prohibits gain from the sale or other disposition of an indexed asset from being taken into account under the limitation on investment interest. Subtitle C: Enterprise Zones - Part I: Designation - Authorizes the Secretary of Housing and Urban Development (Secretary) to designate enterprise zones for purposes of providing tax and regulatory relief and improving local services. Limits choices to areas nominated by States and local governments. Limits the total number of areas that may be designated, and the time period of the designation. Authorizes the Secretary to designate a zone only if the area meets certain locational, demographic, unemployment, and poverty criteria. Requires nominating local governments, as a condition of the Secretary's designation, to agree in writing to follow a course of action that may include reducing tax rates, improving local services, simplifying or streamlining regulation of business, and providing job training to area residents. Describes areas to which the Secretary must give preference in selecting areas for designation. Requires the Secretary to report to the Congress every two years on the effects of such enterprise zones' designation in accomplishing the purposes of this Act. Part II: Federal Income Tax Incentives - Allows a nonrefundable income tax credit to enterprise zone employees for five percent of any wages earned as do not exceed a specified amount. Phases out such credit. Provides for the nonrecognition of capital gain on the sale of enterprise zone property. Allows a taxpayer a deduction on the aggregate amount paid for the purchase of enterprise stock on its original issue by a qualified issuer. Requires any gain from the disposition of the stock to be treated as ordinary income. Excludes enterprise zone capital gains from income computation of alternative minimum taxes. Part III: Regulatory Flexibility - Amends Federal law to revise the definition of "small entity" for purposes of the analysis of regulatory functions to include qualified business, government, and nonprofit enterprises operating within enterprise zones. Authorizes Federal agencies, upon request by a designating government, to waive or modify rules and regulations pertaining to the implementation of projects or activities within an enterprise zone. Requires agencies to approve the request if the resulting benefits of job creation, community development, or economic revitalization outweigh the public interest in retaining the rule unchanged. Disallows waiver or modification of a rule that would directly violate a statutory requirement or present a danger to the public health and safety. Part IV: Establishment of Foreign-Trade Zones in 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 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. Part V: Repeal of Title VII of the Housing and Community Development Act of 1987 - Repeals title VII (enterprise zone development) of the Housing and Community Development Act of 1987. Subtitle D: Research and Experimentation Credit Made Permanent - Makes permanent the tax credit for increasing research activities and the tax credit for clinical testing expenses. Title II: Savings Incentives - Allows individuals to establish individual retirement plus accounts with tax treatment similar to that for individual retirement plans. Makes contributions to such accounts nondeductible. Allows existing individual retirement accounts (IRA) to be rolled over into individual retirement plus accounts with payment of tax on the amount rolled over for which a deduction was once allowable, but no tax when withdrawn. Title III: Homeownership Incentives - Subtitle A: First-Time Homebuyers - Allows a tax credit for the first-time purchase of a principal residence by individuals with incomes of $31,000 or less (phased-out to incomes of up to $41,000). Limits such credit to $1,000. Subtitle B: Penalty-Free IRA Plus Withdrawal for Home Purchase, Higher Education, and Health Costs - Allows penalty-free distributions from IRA Plus accounts of up to 25 percent of the account limit for: (1) first-time homebuyers; (2) medical expenses; and (3) higher education expenses. Title IV: Work Incentives - Subtitle A: Reduction in Social Security Penalty on Working Elderly - Amends title II of the Social Security Act (Federal Old-Age, Survivors, and Disability Insurance Benefits) to raise the earnings limit for retirees. Appropriates to each payor fund amounts equivalent to the aggregate increase in social security benefits payable from such fund which is attributable to such amendment. Directs the Secretary of Health and Human Services to study during 1997 whether further amendments relating to deductions on account of work and the exempt amount under the earnings limit are necessary or appropriate. Subtitle B: Economic Growth Dividend - Requires any economic growth dividend (as determined by the Secretary of the Treasury) to be used to increase the personal exemption amount. Requires, after 1995, all revenues resulting from real growth in the gross national product greater than three percent to fund an increased personal exemption. Requires, for fiscal years beginning on or after October 1, 1992, and before October 1, 1995, that 50 percent of such dividend be used to increase the personal exemption amount and the other 50 percent be used to make a downward adjustment in the maximum deficit amount.
United States · United States Congress · 31 July 1991
Department of the Environment Act of 1991 - Redesignates the Environmental Protection Agency as the Department of the Environment, an executive agency to be administered by a Secretary of the Environment.
United States · United States Congress · 31 July 1991
Tax Fairness and Accountability Act of 1991 - Amends the Congressional Budget Act of 1974 to require any legislation that increases the tax rate, the tax base, or the amount of income subject to tax, or decreases a deduction, exclusion, or credit to be approved in the House of Representatives and the Senate by an affirmative vote of three-fifths of its Members.
United States · United States Congress · 31 July 1991
All-Americans Savings and Investment Incentive Act of 1991 - Amends the Internal Revenue Code to provide individuals a deduction for capital gains based on the period the asset is held (up to three years). Excludes collectibles from such assets. Makes such deduction an item of tax preferences. Excludes from gross income interest received during a taxable year up to $350 ($700 in the case of a joint return). Provides a phaseout of such exclusion for incomes over $50,000. Makes such exclusion applicable to distributions from regulated investment companies and real estate investment trusts. Makes certain nonresident aliens ineligible for such exclusion.
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