United States · United States Congress · 26 September 1991
Satellite Viewers' Rights Act of 1991 - Amends the Communications Act of 1934 to repeal provisions requiring the Federal Communications Commission to initiate an inquiry concerning the need for a universal encryption standard that permits decryption of satellite cable programming intended for private viewing. Requires that any person who encrypts satellite delivered programming make such programming available for private viewing by home satellite antenna users and, when making such programming available through any other person for distribution through any medium, establish: (1) reasonable and non-discriminatory financial, character, technical, and service criteria and requirements under which non-cable distributors qualify to distribute such programming for private viewing by home satellite antenna users; and (2) price, terms, and conditions for the wholesale distribution of such programming which do not discriminate between the distribution of such programming to distributors for cable subscribers and distributors to home satellite antenna users, nor among different distributors to home satellite antenna users, with exceptions. Specifies that, where a person who encrypts satellite delivered programming: (1) has established a separate subsidiary for distribution to satellite antenna users, such person shall not be required to establish or license any entity on the same terms and conditions as such subsidiary (but permits an aggrieved party, for purposes of any claim of discrimination under this provision, to compare the prices, terms, and conditions established by the person who encrypts as evidence of discrimination); and (2) authorizes or licenses a distributor for a secondary satellite retransmission of such programming, such person shall establish criteria (consistent with requirements under this Act) to qualify to distribute such programming through such retransmission and establish nondiscriminatory price, terms, and conditions for such distribution. Specifies that nothing in this Act shall require any person who encrypts satellite delivered programming to: (1) authorize or license any distributor for a secondary satellite retransmission; and (2) make such programming available in any geographic area beyond which such programming has been authorized or licensed for distribution. Authorizes: (1) persons aggrieved by violations of this Act to bring a civil action; and (2) the court to grant specified relief.
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 · 12 September 1991
Better Education for All Students Act - Amends the Elementary and Secondary Education Act of 1965 to add a new title VIII, Better Education for all Students, to improve education for all students in the Nation through grants to States to restructure education systems at State and local levels. Authorizes the Secretary of Education (the Secretary) to make such grants to State educational agencies (SEAs) to enable States to reform and improve the quality of education. Requires SEAs to use such grants to: (1) develop an educational reform plan, including goals and innovations in curricular frameworks, materials, and assessment tools; and (2) implement reforms and a plan to improve the education system within the State. Sets forth application requirements. Requires SEA grant applications to cover a five-year period, and to contain specified assurances, descriptions, and other provisions. Directs the Secretary to: (1) approve applications and amendments that meet such requirements and that are of sufficient quality to meet specified objectives; and (2) give notice, technical assistance, and opportunity for a hearing before any final disapproval. Requires each State program assisted under this Act to establish a panel coordinated by the chief State school officer to develop a statewide reform plan. Sets forth requirements for various officials and entities to be represented on such panel. Sets forth requirements for State plan contents and plan development and approval procedures. Requires States with approved plans to use funds (allotted by the Secretary under this Act, and State and private funds contributed to make up the total cost of a State program) to: (1) develop and implement State goals, curricular frameworks, and assessment tools; (2) technical assistance (including information dissemination) to local educational agencies (LEAs) to carry out local plans; (3) specified authorized activities for LEAs, as appropriate; and (4) evaluation, reporting, and data collection. Requires the SEA, from the allotted program funds and within four years, to make subgrants to LEAs, provided that: (1) such SEA has a formal process for doing so; (2) one LEA in each congressional district shall receive a subgrant; and (3) the LEA with the greatest number of disadvantaged children in the State shall receive a subgrant. Requires that funds available under this Act be used to carry out the plan in a manner which ensures that all children, and especially those identified through the assessment process as not achieving satisfactorily, are afforded ample opportunity to reach local, State, and national goals. Sets forth requirements for content, development, and approval of local plans. Requires local plans to assure: (1) broad-based community participation in plan development; and (2) ongoing evaluation of plan effectiveness, including annual review and making necessary changes. Requires local plans to propose district-wide reform which includes: (1) developing a curriculum to implement the State's frameworks; (2) setting local goals; (3) identifying or developing instructional materials; (4) providing teacher and administrator training; and (5) identifying assessment instruments to measure progress toward meeting State and local goals. Requires LEAs to use such subgrant funds for district-wide reform, consistent with State and local plans. Sets forth a list of authorized activities. Authorizes appropriations to carry out this Act of FY 1992 through 2002, but prohibits any such appropriations for FY 1992 through 1994 unless the aggregate appropriation for all elementary and secondary programs which received funding in the previous fiscal year is at least equal to the appropriation for such preceding fiscal year, adjusted for inflation. Authorizes the Secretary, from such appropriation for this Act, to make annual grants to States with approved applications based upon the formula for State allotments under the chapter 1 program for education of disadvantaged children (under part A of chapter 1 of title I of ESEA). Provides for a gradually declining Federal share (from 100 percent in the first year to 33 percent in the fifth and any succeeding year) of total program costs. Requires the remaining program cost to be paid by the State from a combination of State and private sector funds. Limits the amount which may be reserved for administrative costs. Requires annual progress reports by States to the Secretary, including progress toward State goals and plans and description of proposed activities for the succeeding year. Directs the Secretary to evaluate a representative sample of such State and local reform efforts over the course of the ten-year authorization, to assess their effectiveness in improving educational performance outcomes of all children, including an examination of such activities' effects on disadvantaged students. Authorizes reservation of a portion of funds for such evaluation. Declares that nothing in this Act shall supersede State law.
United States · United States Congress · 12 September 1991
Expresses the sense of the House of Representatives that the President should provide agricultural credit guarantees and technical assistance to the Soviet Union, the Soviet Republics, and the Baltic Nations to help meet their food needs.
United States · United States Congress · 11 September 1991
Area Health Education Centers Reauthorization Act of 1991 - Amends the Public Health Service Act to specify a term of six years for agreements establishing area health education centers (AHECs). Modifies the purposes of AHECs, including serving high-impact areas and States as well as border areas close to Mexico. Mandates, if available in the area, participation of a school of public health. Authorizes agreements for the planning, development, and operation of State-supported AHECs. Authorizes appropriations.
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
Nontraditional Student Opportunity Act - Amends the Higher Education Act of 1965 (HEA) to revise student assistance programs with respect to access by nontraditional students. Revises the campus-based programs of supplemental educational opportunity grants (SEOG), college work-study (CWS), and Perkins Loans to require that a reasonable proportion of the higher education institution's SEOG allocation, CWC grant, and Perkings Loans be made to nontraditional students, if the institutions's allocation, grant, or loans under such programs are based directly or indirectly in part on the financial need demonstrated by nontraditional students. Defines nontraditional students, for such purposes, as those who are: (1) attending the institution less than full time; (2) age 24 or older; (3) single parents; or (4) independent students. Provides for access to the Robert T. Stafford Student Loan Program by less-than-half-time students who are enrolled for the equivalent of at least three credit hours. Provides for access to Pell Grants by less-than-half-time students. Revises need analysis requirements for Pell Grants and for student assistance in general to exclude from consideration as assets the net value of: (1) the family's principal place of residence; (2) a family farm on which the family resides; or (3) a small business substantially owned and managed by a member or members of the family. Increases the maximum of the child care allowance for purposes of determining cost of attendance in calculating the amount of an individual Pell Grant. Requires higher education institutions to assure that they provide human resources supportive services designed to solve particular problems related to the nontraditional student's need, including, but not limited to, counseling, child care services, financial aid services, campus health care services, and library services at times and places to accommodate nontraditional students. Provides that failure to comply with this requirement will result in the institution's forfeiting a portion of its funds under the programs of supplemental educational opportunity grants (SEOG), college work-study (CWS), and Perkins Loans. Revises postsecondary programs for nontraditional students to require the Secretary of Education (the Secretary) to conduct, through the Office of Educational Research and Improvement, a two-year study of the types of programs available for increasing the accessibility for nontraditional students of postsecondary education, and determine the success or failure of such programs. Directs the Secretary to make interim and final reports to specified congressional committees. Directs the Secretary to establish information and counseling services within the Department of Education to: (1) collect information on effective existing programs providing financial aid information and dissemination, and on existing exemplary guidance and counseling and college admission counseling programs targeted to adult students; and (2) offer assistance to businesses and institutions that wish to implement such programs. Directs the Secretary to make grants or contracts to develop model guidance and counseling and college admission counseling programs for use in various types of businesses and institutions, including tools and resources for dissemination to nontraditional students. Requires preference to be given applicants that have the ability to recruit nontraditional students. Includes among those eligible for such grants and contracts public and nonprofit private entities concerned with the availability of higher education assistance. Provides for disregard of student financial assistance received under HEA in determining need or eligibility for, or amount of, benefits or assistance under any Federal (or federally-assisted State or local) program providing food stamps, welfare assistance, medicaid, or social security income.
United States · United States Congress · 2 August 1991
Amends the Higher Education Act of 1965 to establish a Commission on Graduate Education. Directs the Commission to transmit to the President and the Congress an interim report within one year after its first meeting and a final report within two years after its first meeting. Terminates the Commission two years after its first meeting. Authorizes appropriations.
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
Veterans' Hospice Services Act of 1991 - Directs the Secretary of Veterans Affairs to conduct a pilot program to: (1) assess the feasibility and desirability of furnishing hospice care to terminally ill veterans; and (2) determine the most efficient and effective means of furnishing such care. Directs the Secretary to designate 15 to 30 Department of Veterans Affairs medical facilities for such demonstration projects. Requires the Secretary to ensure that: (1) Department medical facilities conducting such projects include both urban and rural area facilities; (2) the full range of affilitation between medical facilities of the Department and medical schools is represented by the facilities selected to conduct such projects; and (3) such facilities vary in the number of beds they operate and maintain. Allows such hospice care to be accomplished by Department medical facilities and personnel by contract where inpatient services are provided by Department medical facilities, or by contract where inpatient services are provided by a non-Department medical facility. Allows such inpatient care to be provided at a facility not designated in the contract when the provision of such care at such other facility is necessary under the circumstances. Limits the amount paid for hospice care programs under this Act to the equivalent of hospice care payments under title XVIII (Medicare) of the Social Security Act. Allows the Secretary to pay in excess of such amounts for hospice care when the Secretary determines, on a case-by-case basis, that: (1) the furnishing of such care is necessary and appropriate; and (2) the amount paid under Medicare would not compensate the program for the cost of furnishing such care. Directs the Secretary, during the pilot program period, to designate not less than five Department medical facilities at which palliative care is being furnished to terminally ill veterans either by Department personnel and facilities providing such care or by Department personnel monitoring care provided by non-Department facilities. Directs the Secretary to ensure that terminally ill veterans who have been informed of their medical prognosis receive information relating to their eligibility for hospice care and services under Medicare. Directs the Secretary to submit annual reports to the Senate and House Veterans' Affairs Committees relating to the conduct of the pilot program and the furnishing of hospice care to terminally ill veterans under the demonstration projects. Requires the Secretary to also report to such committees an evaluation and assessment of the hospice care program, including information enabling the committees to fully evaluate the feasibility of furnishing palliative care to terminally ill veterans.
United States · United States Congress · 31 July 1991
Dairy Production Stabilization Act of 1991 - Amends the Agricultural Act of 1949 to limit the milk price support program to the 48 contiguous States. Establishes manufacturing allowances for milk manufactured into: (1) butter and nonfat dry milk; and (2) cheese. Reduces support prices, including imposing a milk diversion program, if estimated Commodity Credit Corporation (CCC) milk purchases exceed specified levels. Establishes: (1) a National Dairy Inventory Management Board; and (2) a milk inventory management program to handle excess inventory if estimated annual CCC milk prices exceed a specified level. Amends the Packers and Stockyards Act, 1921 to establish milk producer and handler trusts. Authorizes appropriations. Amends the Food Security Act of 1985 to direct the CCC to carry out a diary heifer export program. Modifies the dairy termination program to permit a producer whose facilities have been rendered unusuable by a natural disaster to transfer such production facilities to an idled farm under specified conditions. Amends the Agricultural Act of 1949 to require: (1) annual CCC milk purchase estimates to include estimates of dairy cattle slaughtering; and (2) additional Department of Agriculture beef purchases in any year in which dairy cattle slaughtering exceeds specified levels. Amends the Agricultural Adjustment Act, as reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, to establish marketing order milk solid percentages for whole, lowfat, and skim milk.
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
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.
United States · United States Congress · 30 July 1991
Dairy Production Stabilization Act of 1991 - Amends the Agricultural Act of 1949 to limit the milk price support program to the 48 contiguous States. Establishes manufacturing allowances for milk manufactured into: (1) butter and nonfat dry milk; and (2) cheese. Reduces support prices, including imposing a milk diversion program, if estimated Commodity Credit Corportion (CCC) milk purchases exceed specified levels. Establishes: (1) a National Dairy Inventory Management Board; and (2) a milk inventory management program to handle excess inventory if estimated annual CCC milk prices exceed a specified level. Amends the Packers and Stockyards Act, 1921 to establish milk producer and handler trusts. Authorizes appropriations. Amends the Food Security Act of 1985 to direct the CCC to carry out a dairy heifer export program. Modifies the dairy termination program to permit a producer whose facilities have been rendered unusuable by a natural disaster to transfer such production facilities to an idled farm under specified conditions. Amends the Agricultural Act of 1949 to require: (1) annual CCC milk purchase estimates to include estimates of dairy cattle slaughtering; and (2) additional Department of Agriculture beef purchases if any year in which dairy cattle slaughtering exceeds specified levels.
United States · United States Congress · 29 July 1991
Alzheimer's Disease and Related Dementias Research Amendments of 1991 - Amends the Alzheimer's Disease and Related Dementias Services Research Act of 1986 to rename the Act as the Alzheimer's Disease and Related Dementias Research Act of 1991. Changes, with regard to the Council on Alzheimer's Disease: (1) the composition and designated chair; (2) Council duties; and (3) congressional reporting requirements. Replaces, on the Advisory Panel on Alzheimer's Disease, the Director of the National Center for Health Services Research and Health Care Technology Assessment with the Administrator of the Agency for Health Care Policy and Research. Provides for staggered terms for Panel members. Modifies: (1) vacancy procedures; (2) minimum meeting frequency; and (3) compensation requirements. Abolishes the Panel on September 30, 1994. Authorizes appropriations. Alters the Alzheimer's disease research responsibilities of: (1) the National Institute of Mental Health; and (2) the Agency for Health Care Policy and Research. Authorizes appropriations. Amends the Public Health Services Act to allow Federal payments to Alzheimer's disease centers to be used for construction of the centers, but not for land acquisition. Authorizes appropriations.
United States · United States Congress · 25 July 1991
Health Care Liability Reform and Quality of Care Improvement Act of 1991 - Title I: Findings and Purpose - Sets forth: (1) findings regarding this Act and (2) the purpose of this Act. Title II: Health Care Liability Reforms - Requires, in order to be eligible to participate in the incentive program provided for in this title, that States have in effect the health care liability reforms set forth in this title. Requires, in any health care liability action, the liability of each defendant for non-economic damages to be several and not joint, with each defendant liable only for the proportion of that defendant's fault and a separate judgment against that defendant in that amount. Prohibits awarding non-economic damages over a certain dollar amount in any health care liability action, subject to waiver. Reduces the total damages received by a plaintiff by the amount of any collateral source benefits. Allows: (1) future economic damage awards to be paid periodically based on when the damages are likely to occur or at the time the damages accrue; and (2) in certain circumstances, the court to require the health care provider to purchase an annuity or fund a reversionary trust to make such periodic payments. Prohibits reopening a judgment awarding periodic payments to contest, amend, or modify the schedule or amount in the absence of fraud or any ground permitting relief after entry of a final judgment. Declares it U.S. policy to encourage alternative dispute resolution (ADR). Requires a State to establish at least one ADR mechanism. Requires a State to: (1) cooperate with Federal research efforts regarding patient outcomes, clinical effectiveness, and clinical practice guidelines; (2) collect, analyze, and supply the Secretary of Health and Human Services with information regarding the performance of State medical boards; and (3) impose continuing education requirements on a disciplined physician. Allows alternatives to these requirements regarding medical boards and continuing education if the Secretary finds the alternatives at least as effective in reducing the incidence of negligence as compliance with the requirements. Allows States three years from the adoption of this Act to enact, adopt, or otherwise comply with the requirements of this title. Requires withholding two percent of payments to States computed under specified provisions of title XIX (Medicaid) of the Social Security Act and one percent of payments to hospitals computed under specified provisions of title XVIII (Medicare) of the Social Security Act and redistribution of the withheld funds to those States and hospitals which have complied with the provisions of this title. Allows waiver of the requirements of this title for any experimental, pilot, or demonstration project which is likely to assist in promoting the objectives of this Act. Title III: Federal Implementation of Health Care Liability Reforms - Amends Federal law to prohibit, in a health care liability action, finding the United States jointly and severally liable for non-economic damages. Allows liability only for those non-economic damages directly attributable to its pro rata share of fault. Reduces damages paid by the United States by the amount of any collateral source benefits. Prohibits awarding non-economic damages, in an action against the United States, over a certain dollar amount. Requires, at the request of the United States when future economic damages are awarded in excess of a specified amount, an order that such damages be paid by periodic payments based on when the damages are likely to occur. Allows the United States, in such cases, to pay the judgment periodically, purchase an annuity, or fund a reversionary trust. Prohibits reopening the judgment to contest, amend, or modify the schedule or amount in the absence of fraud or any ground permitting relief after entry of a final judgment. Title IV: Construction of Provisions - Provides for construction of this Act, severability, and the effective date of this Act.
United States · United States Congress · 25 July 1991
Job Training Reform Amendments - Declares it to be the policy of the United States to: (1) provide financial assistance to States and local service delivery areas (SDAs) to meet the training needs of low-income adults and youth and assist them in obtaining unsubsidized employment; (2) increase funds available for programs of training services for the disadvantaged by at least ten percent of the baseline each fiscal year to provide for growth in the number of eligible adults and youth served beyond the current five percent of the eligible population in need of these services; and (3) encourage provision of longer and more comprehensive education, training, and employment services to the eligible population, with increased funding to maintin current service levels. Amends the Job Training Partnership Act (JTPA) to authorize appropriations. Defines "basic skills deficient" as reading or computing skills at or below 8th grade level. Adds the Association of Farmworker Opportunity Programs, the Center for Employment Training, and organizations serving older workers to the list of community-based organizations. Strikes from such list the National Urban Indian Council. Revises the definition of "economically disadvantaged" to: (1) refer to income guidelines promulgated each year by the Secretary of Health and Human Services; and (2) include those determined eligible for, even if not receiving, food stamps. Revises the definition of "supportive services" to include drug and alcohol abuse counseling and referral and individual and family counseling. Includes representatives of local welfare agencies on private industry councils (PICs). Applies the requirement for a job training plan to training services for the disadvantaged only. Revises requirements for the contents of such plans to provide for linkages with appropriate agencies and for outreach to recruit locally determined target groups. Revises requirements for training services for the disadvantaged performance standards to: (1) promote delivery of services to the hard-to-serve; and (2) add measurement of increased basic education attainment and occupational skills (as well as the current measurement of increased employment and earnings and reduced welfare dependency). Provides for the following additional factors in performance standards for youth programs: (1) attainment of employability competencies; (2) eighth grade, secondary and postsecondary school completion or its equivalent; and (3) enrollment in other education, training, or employment programs or apprenticeships, or enlistment in the Armed Forces. Requires the private industry council to determine levels for competency standards based on such factors as entry skill levels and other hiring requirements. Sets forth additional elements of performance standards. Retains the requirement that the Secretary prescribe performance standards relating gross program expenditures to various performance measures, but states that such standards shall not be taken into consideration in the award of incentive grants. Provides that Governor's incentive grant awards shall be to service delivery areas (SDAs) conducting adult and youth programs which: (1) meet specified performance standards established by the Secretary and exceed performance standards for long-term placement of hard-to-serve populations; (2) place participants in employment providing wages at placement exceeding the appropriate performance criteria, as well as employer-assisted employment benefits (including health benefits); (3) meet specified performance standards established by the Governor; and (4) establish linkages with other programs to avoid duplication and enhance delivery of services. Retains the requirement for the Secretary to prescribe performance standards for dislocated workers employment and training assistance based on placement and retention in unsubsidized employment. Eliminates, however, the requirement that such standards make appropriate allowance for the difference in cost resulting from serving workers receiving certain needs-related payments. Changes from discretionary to mandatory the authority of State Governors to prescribe within certain parameters, variations in performance standards for training services for the disadvantaged and for dislocated workers employment and training assistance. Directs the Secretary to: (1) provide information and technical assistance on performance standards adjustments; (2) collect data that identify hard-to-serve individuals and long-term welfare dependency; (3) provide guidance on setting performance goals at the service provider level that encourages increased service to the hard-to-serve, particularly long-term welfare recipients; and (4) review performance standards to ensure that they provide maximum incentive in serving the hard-to-serve, particulary long-term welfare recipients, including those receiving benefits under the aid to families with dependent children (AFDC) and supplement security income (SSI) programs of the Social Security Act. Authorizes Governors to prescribe additional performance standards for these programs, which must be reported in the coordination and special services plan. Directs the Secretary to prescribe performance standards for: (1) employment and training programs for Native Americans and migrant and seasonal farm workers; (2) the Jobs Corps; and (3) the jobs for employable dependent individuals incentive bonus program. Directs the Secretary to prescribe a system for variations in JTPA performance standards for special populations to be served. (Current law requires prescription of such variations, but without system.) Authorizes the Secretary to modify JTPA performance standards not more often than once every two program years (except that Job Corps standards may be modified each program year). Prohibits such modifications from being retroactive. Directs the Secretary to establish uniform criteria for determining SDA failure to meet performance standards and for requiring certain remedial responses. Sets forth required responses to failures to meet such standards, including a process for correction. Requires each State Governor to report annually on the final performance of each SDA and on the Governor's plans to provide technical assistance to SDAs failing to meet the prescribed uniform criteria. Directs the Secretary, upon determination that the Governor has not provided appropriate technical assistance, to provide such assistance using specified funds withheld from the State administration set-aside. Requires the Governor, if an SDA continues to fail to meet performance standards for two program years, to: (1) notify the Secretary and the SDA of the continued failure; and (2) develop and impose a reorganization plan. Directs the Secretary, if the Governor has not initiated such requirements within 90 days after the end of the second program year of such failure, to develop and impose such reorganization plan, using the specified withheld funds. Allows the alternative administrative entity under such reorganization plan to be a newly formed private industry council or any agency jointly selected by the Governor and the chief elected official of the largest local government in the SDA or substate area. Allows SDA to appeal for revision of such reorganization plans. Defines "employment," for purposes of JTPA performance standards, as employment for more than 20 hours per week. Requires selection of service providers to be made on a competitive basis and to include: (1) a determination of such provider's ability to meet program design specifications that take into account JTPA's purpose and the needs established in the Governor's coordination and special services plan; and (2) documentation of compliance with procurement standards established by the Secreary, including the reasons for selection. Revises limitations on certain costs for specified programs, including general administrative costs, combined administration and support services costs, and training-related services costs. Prohibits duplication of supportive services which are available free to participants through other services. Provides for recapture and reallotment of unexpended funds for training services for the disadvantaged youth program. Revises requirements for the Governor's coordination and special services plans to include descriptions of State coordination measures and projected grant uses. Includes State agencies primarily responsible for administration of programs for older workers among those which may be represented on the State Job Coordinating Council. Revises provisions for State education coordination and grants. Repeals specified provisions for training programs for older workers. Requires identification of any State- or SDA-rule, regulation, policy, or performance standard relating to administration and operation of programs funded by JTPA. Requires State labor market information programs to include training and technical assistance to support comprehensive career guidance and participant outcome activities for local programs assisted under JTPA. Revises program requirements for service delivery systems. Exempts normal tuition charges for training or education from certain requirements for a breakdown of cost components. Exempts from specified cost limitations certain administrative expenses related to training incurred by community-based organizations. Requires placements made in unsubsidized employment to be in job areas related to the training provided to the participant. Allows an SDA which is a city or a country to serve residents of either the city or the country if the city is located within the county and is a separate SDA. Limits the duration of on-the-job training to a period not in excess of that generally required for acquisition of skills needed for that position, but never exceeding six months. Requires on-the-job contracts to: (1) specify types and duration of training and other services; and (2) if an intermediary brokering contractor is used for placements, specify certain additional services and factors. Revises provisions relating to disposal of assets and program income. Prohibits JTPA funds from being used for employment generating activities, economic development activities, revolving loan funds, capitalization of businesses, contract bidding resource centers, activities to induce or encourage relocations resulting in loss of employment at the previous existing location, and similar activities that do not result in the direct creation of jobs into which program participants are placed. Prohibits the use for foreign travel of funds for: (1) training services for the disadvantaged; or (2) employment and training assistance for dislocated workers. Extends specified minimum wage exemptions to certain SDAs. Revises certain Federal and fiscal administrative provisions. Allows the use of certain advance payment methods when contracting with nonprofit organizations of demonstrated effectiveness. Requires States to establish fiscal control and fund accounting procedures to ensure proper disbursal and accounting of Federal funds. Requires the Secretary to establish procurement standards for States, local areas, and SDAs to ensure that specified criteria are met. Requires State Governors to: (1) conduct annual on-site monitoring of each SDA and substate area to ensure compliance with such procurement standards; (2) impose corrective action to secure prompt compliance; (3) impose specified sanctions in the event of failure to take required corrective action; and (4) certify biennially the State's implementation, monitoring, and enforcement of such standards. Directs the Secretary, upon determination that the Governor has not fulfilled such requirements, to impose such corrective actions and sanctions. Requires the Governor, in cases of failure to take required corrective actions for substantial violations of JTPA provisions or regulations, to direct the Governor to: (1) issue a notice of intent to revoke approval of all or part of the plan affected; or (2) impose a reorganization plan, which may include specified changes. Provides for appeals of corrective actions and sanctions. Directs the Secretary to take such actions if the Governor fails to do so promptly. Directs the Secretary to: (1) review the implementation of these requirements and report with recommendations to the Congress on the effectiveness of such provisions; and (2) provide for an independent study of the amount and use of program income received by service providers, and submit such study with recommendations to the Congress. Revises reporting, recordkeeping, and requirements investigative requirements. Requires recipients to maintain and provide to the Secretary standardized records of a sufficient number of individual participants to provide an adequate sample size to allow for preparation of national estimates to meet specified requirements. Requires the Secretary, Inspector General, or Comptroller General to furnish States or SDAs which are going to be investigated with the monitoring guides to be used by reviewers. Requires States, administrative entities conducting the program, and recipients (other than sub-recipients) to monitor the performance of service providers in complying with the agreements under JTPA. Requires Governors to ensure that requirements are established for retention of records for specified periods. Revises requirements for information in reports. Directs the Secretary to ensure that all elements required for reports are defined and reported uniformly. Revises provisions for training services for the disadvantaged adults and youth. Revises adult program allotment provisions to establish State set-asides for education, performance incentives, and auditing and administration. Allows individuals, whether employed or unemployed, to be eligible for adult program services as long as they are adults (age 22 or older) who are economically disadvantaged. Requires that at least 60 percent of program participants in each SDA be individuals who, in addition to being economically disadvantaged adults, are in one or more of the following categories: (1) basic skills deficient; (2) school dropouts; (3) recipients of cash welfare payments; (4) offenders; (5) individuals with disabilities; or (6) homeless. (Retains the current provision that allows up to ten percent of program participants in an SDA not to be economically disadvantaged if they have encountered barriers to employment.) Requires SDAs to: (1) make special efforts and expenditures to serve older workers; (2) coordinate delivery of such services with those under the Older Americans Act; and (3) give priority to service providers with demonstrated effectiveness in providing such services. Establishes adult program design requirements, including: (1) assessment of participants' skill levels and service needs; (2) development of service strategies to identify employment goals, appropriate achievement objectives, and appropriate services; (3) review of participant progress; and (4) if appropriate, basic (including language) and occupational skills training and supportive services. Requires that job search, skills training, job club, and work experience be accompanied by other services designed to increase a participant's basic education or occupational skills. Allows an exception from such combination requirement only if: (1) the participant's assessment and service strategy indicate that the additional services are not appropriate; and (2) the activities are not available to the participant through the Employment Service or other public agencies. Allows continued provision of counseling and supportive services to a participant for up to one year after termination from the program. Revises authorized services for which adult program funds may be used. Eliminates employment-generating activities from the list of such authorized services. Divides the lists of such services into direct training and training-related and supportive services. Requires SDAs to link with: (1) other specified Federal programs; and (2) State, local, and private programs, as appropriate. Allows an SDA to transfer up to ten percent of adult program funds to the youth program under certain conditions. Revises provisions for summer youth employment training programs to limit administrative costs to 15 percent. Requires SDAs to: (1) expend funds for basic and remedial education as described in the State job training plan; (2) assess participant skill levels and service needs and develop service strategy for participants; and (3) provide follow-up services for participants for whom a service strategy has been developed. Allows individual concurrent enrollment in such program and in disadvantaged youth programs. Sets forth provisions for the disadvantaged youth program. Revises allotment formulas to establish set-aside for State education coordination and grants. Revises eligibility requirements for in-school youth and out-of-school youth. Requires that at least 60 percent of the funds for in-school youth and for out-of-school youth, respectively, be used for participation of specified targeted groups. Establishes year-round program design requirements, including: (1) assessment of participants' skill levels and service needs; (2) development of service strategies to identify achievement objectives, appropriate employment goals, and appropriate services; (3) review of participant progress; and (4) if appropriate, basic skills training, occupational skills training, pre-employment and work maturity skills training, work experience combined with skills training, and supportive services. Requires that work experience, job search, job search skills training, and job club activities be accompanied by additional services which: (1) are designed to increase a participant's basic education or occupational skills; and (2) may be provided sequentially or concurrentllly, under other education and training programs. Allows continued provision of counseling and supportive services to a participant for up to one year after termination from the program. Requires SDAs to establish linkages with the appropriate educational agencies responsible for service to participants. Provides that authorized youth services may include, but need not be limited to, the services described under the headings of direct training, training related services, and participant support services under part A adult program provisions. Provides that additional authorized youth services may include specified features. Requires SDAs to link the youth program with: (1) other specified Federal education and training programs; and (2) as appropriate, State, local, and private programs. Allows an SDA to transfer up to ten percent of youth program funds to the adult program under certain conditions. Provides, with respect to employment and training assistance for dislocated workers, that an eligible dislocated worker participating in training (except on-the-job training) shall be deemed to be in training with the approval of the State agency for purposes of unemployment compensation. Extends the authorization for specified demonstration programs. Revises employment and training programs for Native American and migrant and seasonal farmworkers. Directs the Secretary to: (1) designate a single organizational unit to have as its primary responsibility the administration of all Native American programs authorized under JTPA; and (2) promote recruitment and promotion of Indians, Native Alaskans, and Native Hawaiians to positions in such unit. Authorizes the Secretary to waive, under the migrant and seasonal farmworker programs, the requirement of biennial competition for grants for those grantees that: (1) have performed satisfactorily on their existing grant; and (2) submit a satisfactory two-year plan for the succeeding period. Requires JTPA grants for Native American programs and for migrant and seasonal farmworker programs to be consistent with specified standard competitive procurement procedures and auditing procedures. Amends provisions for the Job Corps. Revises the age limits for participation in the Job Corps to allow not more than 20 percent of the enrollees to be from age 22 through 24. Declares that JTPA allows participants to participate concurrently or sequentially in both the Job Corps and training services for the disadvantaged. Increases from ten to 20 percent the allowable number of nonresidential participants enrolled in the Job Corps in any year. Requires that, in enrolling nonresident participants, priority be given to those eligible individuals who are single parents with dependent children. Prohibits use of Department of Labor funds to contract with a nongovernmental agency to administer or manage a Civilian Conservation Center of the Job Corps on public land. Directs the Secretary, as practicable, to provide child care at or near Job Corps centers for individuals who require such care for their children in order to participate in the Job Corps. Requires each Job Corps center to provide alcohol and drug abuse counseling and referral to participate who need such services. Directs the Secretary to provide all nonprofit Job Corps contractors with an equitable and negotiated management fee of not less than one percent of the contract amount. Revises provisions for national activities, including research, demonstration, training and technical assistance. Directs the Secretary to provide guidance and technical assistance to State and SDAs relating to documentation of participants' eligibility for training services for the disadvantaged. Directs the Secretary to: (1) lead the Departments of Labor of Education, of Health and Human Services, and other appropriate departments in identifying a core set of consistently defined data elements for employment and training programs; and (2) report to the Congress on recommended data elements and definitions. Revises provisions for labor market information. Directs the Bureau of Labor Statistics, in cooperation with the States, to engage in research and demonstration on organizing and making accessible nationwide information on quarterly earnings, establishment and industry affiliation, and geographic location of employment, for feasibility determination and/or policy research and program evaluation purposes, while ensuring confidentiality and privacy. Directs the Secretary to report to the Congress within 12 months on the costs and benefits of such a database under the cooperative labor information program. Includes the Secretary of Health and Human Services among those with whom the Secretary is to cooperate in reviewing and coordinating labor market information systems. Directs the Secretary, through the National Occupational Information Coordinating Committee (NOICC), to report biennially to the Congress on development and maintenance of a common core of labor market information. Increases the authorization of funding for NOICC. Directs NOICC to: (1) give special attention to career development; and (2) conduct research and demonstrations to improve coordination and compatibility of Federal or State human resources data systems, including economic development assistance systems, and to provide support to States in implementing system enhancements. Establishes a new Youth Opportunities Unlimited Program. Authorizes the Secretary to establish such national program of Youth Opportunities Unlimited (YOU) grants to pay 50 percent of the cost of comprehensive education, training, and employment services for youth in high poverty areas in urban and rural areas. Requires such grants to be awarded to the local service delivery area (on behalf of the participating community) in which the target area is located (or to designated grantees if the target area is in a farmworker community, Indian reservation, or Alaskan native village). Authorizes the Secretary to select as grant recipients up to 25 communities in the first year after the program is in effect. Requires that at least one, but not more than three, of such grants be awarded to: (1) designated representatives of Indian reservations and Alaskan native villages; and (2) designated representatives of farmworkers. Makes such grants cover a three-year period, with each year conditional upon compliance. Authorizes participating communities to apply for grants for use on behalf of target areas. Requires that a designated area have not more than 25,000 population, except in the case of single school districts. Makes all youth aged 14 through 21 in the target area eligible to participate in assisted programs and activities. Requires each participating community to develop an integrated service delivery system in each target area which meets specified minimum criteria for services. Requires such programs to also have an education component, outreach and recruitment efforts, youth program models, and measurable goals and outcomes. Sets forth requirements for maintenance of State and local funding levels, limitations on use of program funds, applications, and Federal and local shares. Directs the Secretary to provide for technical assistance, independent evaluations, and a report. Reserves funds for such program. Establishes a new microenterprise grants program. Directs the Secretary, to make grants in limited amounts to not more than ten States per year to implement and enhance community-based microenterprise activities. Requires that such activities produce substantial benefits for persons whose annual income does not exceed the poverty line. Authorizes use of such grants for staff entry level training, technical assistance, and support programs and counseling. Sets forth application and selection requirements. Requires State matching funds and annual reports. Defines microenterprise as a commercial enterprise: (1) with five or fewer employees, one or more of whom owns the enterprise; and (2) none of the owners of which has income exceeding the poverty line.
United States · United States Congress · 25 July 1991
Fairness in Product Liability Act of 1991 - Governs any product liability action brought in either State or Federal court against a manufacturer or product seller on any theory for harm caused by a product, superseding State law in specified ways and degrees. Makes a product seller liable only if the seller: (1) failed to exercise reasonable care regarding the product, and the failure was the proximate cause of the harm; (2) made an express warranty, independent of any express warranty by the manufacturer, the product failed to conform to the warranty and the failure caused the harm; or (3) engaged in international wrongdoing which was a proximate cause of the harm. Makes a product seller liable as if the seller were the manufacturer if: (1) the manufacturer is not subject to service of process under State laws; or (2) a court determines the claimant would be unable to enforce a judgment against the manufacturer. Allows, in certain circumstances, a complete defense of alcohol or controlled substance use. Reduces damages by the percentage of harm attributable to misuse or alteration of a product by any person, subject to exception involving misuse or alteration by the claimant's employer or coemployees. Allows punitive damages against a manufacturer or seller for conscious, flagrant indifference to user safety. Prohibits, in certain circumstances, punitive damages regarding a drug or device, as defined in the Federal Food, Drug, and Cosmetic Act, unless packaging of a drug is substantially out of compliance with tamper-resistant packaging regulations. Declares manufacturer or seller liability to be several and not joint for noneconomic damages. Requires a product liability action to be brought within two years after the harm and its cause is, or with reasonable diligence should have been, discovered. Sets the time limit at 25 years for products which are capital goods. Requires offset of workers' compensation benefits. Sets forth rules regarding subrogation, contribution, indemnity, and liens. Provides for tort actions against employers. Prohibits U.S. district courts from having jurisdiction under specified provisions of Federal law over any civil action arising under this Act.
United States · United States Congress · 23 July 1991
Expresses the sense of the House of Representatives that the people of the United States should recognize: (1) the tenth anniversary of "An Artistic Discovery" (the Congressional High School Art Competition); and (2) its success in encouraging the creative endeavors of our Nation's young artists and forging strong working relationships among the Congress, businesses, and the arts community towards the ultimate goal of providing opportunities for high school students to express their artistic talents.
United States · United States Congress · 22 July 1991
Petroleum Marketing Competition Enhancement Act - Amends the Petroleum Marketing Practices Act to prohibit a refiner from: (1) selling motor fuel to a customer for resale (customer) at a price higher than the refiner's adjusted retail price for the same or a similar grade or quality of motor fuel sold from a direct operated outlet in the same geographic area (sale of fuel at higher prices); and (2) entering into a scheme or agreement to set, change, or maintain maximum retail prices of motor fuel, except with respect to a refiner's retail sales at its direct operated outlets. Requires that: (1) in comparing a refiner's adjusted retail price to a refiner's price to other customers, adjustments be made to account for differences in freight, taxes, and inspection fees, whether or not the items are separately listed as part of the price; and (2) if a refiner includes consumer credit as part of its price, an adjustment for the cost of such credit be made in comparing the prices. Sets forth enforcement provisions, including: (1) proceedings by the Attorney General (establishes fines ranging from $5,000 to $25,000 for each violation, and authorizes civil actions and equitable relief); (2) private civil actions, including class actions, (and establishes a right to jury trial); and (3) proceedings by State attorneys general. Allows a person bringing an action to enforce provisions concerning the sale of fuel at higher prices to establish a prima facie case by showing that the refiner has sold motor fuel to a customer at a price that is higher than: (1) 94 percent of its consumer retail price per gallon (or, in the event of a sale to a branded wholesaler, 90 percent); or (2) the refiner's consumer retail price per gallon less the most recently available average retail operating expenses per gallon (and, in the event of a sale by a refiner to a branded wholesaler, also less the most recently available average wholesale operating expenses per gallon for the State in which the consumer retail price was charged). Specifies that: (1) in the event that the relevant State has not conducted an annual survey (pursuant to this Act) to determine the average retail or average wholesale operating expenses, the average operating expenses for the retail and wholesale petroleum industry, as determined by the Secretary of Energy, shall be used; and (2) such prima facie case may be overcome by a preponderance of evidence that the refiner's actual retail and average wholesale operating expenses, if applicable, are less than the evidence presented by the plaintiff to establish such prima facie case. Directs the Secretary to conduct an annual survey to determine the average retail and average wholesale operating expenses per gallon for the petroleum industry. Permits a State or State agency to authorize an annual State survey to reflect local conditions with respect to motor fuels sold to the public in that State. Directs that any such survey regarding: (1) retail operating expenses and actual wholesale operating expenses be based upon all direct and indirect expenses attributable to the sale of a gallon of motor fuel to the public by direct and nondirect operated outlets; and (2) wholesale operating expenses be based on all direct and indirect expenses attributable to the wholesale sale of a gallon of motor fuel by a refiner or a branded wholesaler to a branded dealer.
United States · United States Congress · 11 July 1991
Congressional Budget Office Neutrality Act of 1991 - Amends the Congressional Budget Act to provide that appointment of the Director of the Congressional Budget Office be made after consideration of recommendations of the chairmen and ranking minority members of the House and Senate Budget Committees. (Current law specifies only the recommendations of such Committees). Requires the Director to carry out duties in an objective and nonpartisan manner. Prohibits the Office from altering information compiled at the request of a Member or committee of the Congress, unless such Member or Committee agrees to the change. Requires the Director to notify the House Committee on Standards of Official Conduct or the Senate Select Committee on Ethics of any attempt by any Member or congressional employee to unduly influence the Office with respect to the contents of its response to any request for information or any report. Requires cost analysis estimates of congressional legislation to include direct and indirect costs. Establishes a Congressional Budget Office Board to: (1) provide general oversight of Office operations; (2) approve in advance the undertaking of any studies and reports in addition to those required by law; and (3) provide general guidance to the Director in the formulation and implementation of procedures and policies. Directs the Office to establish an Economic Advisory Council to: (1) review and make recommendations to the Board on Office activities; (2) evaluate the quality and objectivity of Office research and reports; and (3) undertake additional tasks as the Board may direct. Subjects the appointment of the Director to approval by concurrent resolution of the Senate and of the House of Representatives.
United States · United States Congress · 11 July 1991
Expresses the sense of the House of Representatives that the President should establish a bipartisan commission to investigate the operation of and complaints regarding, the U.S. Postal Service.
United States · United States Congress · 10 July 1991
Jacob Wetterling Crimes Against Children Registration Act - Directs the Attorney General to establish a State program and guidelines requiring persons convicted of a criminal offense against a minor to register a current address with a designated State law enforcement agency (LEA) for ten years after release from prison, parole, or being placed on supervised release. Sets forth requirements for an approved State registration program, including: (1) requirements that a State prison officer inform a released person of the duty to register and provide a designated State LEA with any new address in writing within ten days, obtain a fingerprint card and photograph if not already obtained, require the person to read and sign a form stating that the duty to register has been explained, and forward such information to a designated State LEA (which shall immediately enter the information into the State law enforcement system and National Crime Information Center computer networks and notify the appropriate LEA having jurisdiction where the person expects to live); (2) annual address verification by the designated State LEA; and (3) notification of LEAs having jurisdiction over a released person's new address. Provides that: (1) a person required to register who violates any requirement of a State program established by this Act shall be subject to criminal penalties in such State (recommends at least six months' imprisonment); and (2) the information provided under this Act is private and may be used for law enforcement purposes, including confidential background checks by child care services providers. Specifies that the allocation of Bureau of Justice Assistance grant funds under the Omnibus Crime Control and Safe Streets Act of 1968 received by a State not complying with the provisions of this Act three years after the enactment of this Act shall be reduced by 25 percent. Requires such unallocated funds to be reallocated to the States in compliance with this Act.
United States · United States Congress · 10 July 1991
Vulnerable Elders' Rights Protection Amendments of 1991 - Title I: Elder Rights Services - Amends the Older Americans Act of 1965 to establish in the Administration on Aging an Office on Long-Term Care Ombudsman Programs headed by an Associate Commissioner for Ombudsman Services who shall serve as the Federal advocate on behalf of older individuals who reside in long-term care facilities. Directs the Administration to establish and operate the National Ombudsman Resource Center to assist State Long-Term Care Ombudsmen and the representatives of the Ombudsmen in carrying out State long-term care programs. Directs the Commissioner of the Administration on Aging to establish a National Center on Elder Abuse to: (1) compile an annual summary of recently conducted research on elder abuse; (2) develop and maintain an information clearinghouse on all programs for the prevention and treatment of such abuse; (3) compile training materials for personnel engaged in elder abuse prevention; (4) provide technical assistance for the planning and implementation of programs relating to the problems of elder abuse; and (5) conduct research and demonstration projects regarding the causes and national incidence of elder abuse. Authorizes the Commissioner to operate such Center directly or through a grant or contract. Extends the deadline for the annual Administration report to the Congress on complaints and conditions in long-term care facilities. Requires a Commission study of the effectiveness of State long-term care ombudsman programs. Adds a new title VII under which the Commissioner is directed to establish and carry out a program for making allotments to States to pay for the Federal share of carrying out elder rights activities under the following new parts of title VII: (1) part B (Ombudsman Programs); (2) part C (Programs for Prevention of Abuse, Neglect, and Exploitation); (3) part D (State Elder Rights and Legal Assistance Development Program); and (4) part E (Outreach, Counseling, and Assistance Program). Authorizes appropriations for FY 1992 through 1995 to carry out such parts. Requires States, in order to be eligible to receive allotments under title VII, to submit a plan to the Commissioner with assurances that the State will establish the programs listed above in accordance with specified requirements outlined in this title. Authorizes State agencies to enter into agreements with public or private nonprofit agencies or organizations to carry out activities under such programs to protect the rights of the vulnerable elderly who reside in long-term care facilities. Reauthorizes and extends ombudsman and advocacy demonstration projects under the Developmental Disabilities Assistance and Bill of Rights Act and the Protection and Advocacy for Mentally Ill Individuals Act of 1986. Directs the Commissioner to award grants to eligible State agencies to establish housing ombudsman demonstration programs to protect the rights of older individuals who are residents in publicly assisted housing programs. Authorizes appropriations. Title II: Definitions - Sets forth definitions of terms used in this Act. Title III: Board and Care Facility Quality - National Commission on Board and Care Facility Quality Act of 1991 - Directs the Secretary of Health and Human Services to arrange for the establishment of a National Commission on Board and Care Facility Quality to: (1) examine existing quality, health, and safety requirements for board and care facilities and the enforcement of such requirements for their adequacy and effectiveness; (2) examine and make recommendations with respect to the appropriate role of Federal, State, and local governments in assuring the health and safety of residents of board and care facilities; and (3) make specific recommendations to the Congress and the Secretary concerning the establishment of minimum national standards for the health and safety of residents of such facilities and the enforcement of such standards. Title IV: Miscellaneous Provisions - Sets forth the effective dates of this Act.
United States · United States Congress · 10 July 1991
Amends part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services to determine whether an individual entitled to benefits under part A (Hospital Insurance) meets the requirements for status as a qualified Medicare beneficiary under the Medicaid program (title XIX of the Social Security Act).
United States · United States Congress · 27 June 1991
Directs the Secretary of Veterans Affairs to conduct ten demonstration projects to examine the feasibility of broader use of arrangements for the sharing of health-care resources with other Federal health-care providers. Requires the Secretary to enter into agreements for such demonstration projects with the Secretaries of Defense and Health and Human Services with respect to facilities, providers, and beneficiaries of health care. Requires each demonstration project to be carried out through a sharing agreement between the Secretary and one of the other named Secretaries with respect to care and services provided by a particular Department of Veterans Affairs medical facility. Requires medical centers selected for the demonstration projects to be located in rural and urban areas in different regions of the country. Provides for the reciprocal provision of health-care services by medical centers participating in the project, as well as for reciprocal reimbursement for services provided. Directs the Secretary to evaluate the demonstration projects on an ongoing basis and to submit two annual reports on such evaluation to the Congress. Authorizes appropriations.
United States · United States Congress · 27 June 1991
Drug Treatment and Prevention Act of 1991 - Amends the Public Health Service Act (PHSA) to direct the Secretary of Health and Human Services to: (1) establish a capacity expansion program that will provide grants to assist States to expand their capacity to provide effective and comprehensive treatment to individuals who use illegal drugs; and (2) award such grants to States in which a demand for drug treatment services exceeds the capacity of organizations operating in those States to provide such services. Sets forth application procedures, Federal funding limitations, and other requirements with respect to such program. Specifies that funds provided under this Act for such program shall supplement, not supplant, existing or planned drug treatment services in a State and shall be available only for the provision of direct treatment services. Authorizes appropriations. Amends the Drug-Free Schools and Communities Act of 1986 to revise provisions with respect to emergency grants to authorize the Secretary to make drug-free schools emergency target grants to eligible local educational agencies (LEAs) and consortia of LEAs (currently, limited to LEAs) that: (1) demonstrate significant need for additional assistance for purposes of reducing and preventing drug and alcohol use and drug-related crime among students served by such agencies (currently, to combat drug and alcohol use among such students); (2) support projects that require cooperative linkages between schools and communities to reduce and prevent drug and alcohol use among schoolchildren; (3) demonstrate the most effective approaches to reducing and preventing drug and alcohol use among schoolchildren; and (4) promote the goal that every school in America will be free of drugs and violence and will offer a discipined environment conducive to learning. Specifies: (1) authorized activities by LEAs with grant funds; and (2) eligibility and application requirements for such grants by LEAs and consortia of LEAs. Directs the Secretary, in awarding grants, to give special preference to applications that: (1) hold particular promise for reducing and preventing the incidence of drug and alcohol use and drug-related violence in elementary and secondary schools; (2) are based on a rigorous and comprehensive research design; and (3) have demonstrated that they will integrate the resources of families, community groups, and the media into an effective, community-based assault on drug and alcohol use in schools. Requires the Secretary to conduct an evaluation of this program. Sets forth provisions with respect to: (1) grant amounts and distribution of funds; and (2) set-asides from appropriations to conduct such evaluation, provide training and technical assistance to LEAs, and disseminate the results of the program. Authorizes approriations. Requires a local or intermediate educational agency or consortium to include in any application to the State educational agency for a drug and alcohol abuse prevention grant a statement of how any emergency target grants funded by the Government under this Act are integrated into the overall prevention plan set forth in the application. Amends the PHSA to require a State, in order to receive specified Federal funds, to develop, implement, and submit for approval a statewide drug treatment and prevention plan, which shall designate a single State agency for developing and implementing the plan. Sets forth plan and reporting requirements. Requires States to maintain expenditures for drug-related services at a level equal to not less than the average amount of such expenditures for the preceding two years to qualify for grants, subject to waiver by the Secretary under specified circumstances.
United States · United States Congress · 27 June 1991
Rural Schools of America (RSA) Act of 1991 - Title I: Rural School Improvement - Authorizes appropriations for this title. Directs the Secretary of Education (the Secretary) to reserve five percent of specified funds for competitive grant awards to exemplary school programs. Directs the Secretary to allot, from remaining amounts, to each eligible local educational agency (LEA) with an approved application an amount based on that LEA's relative allocation under certain provisions of the Elementary and Secondary Education Act of 1965 for education of disadvantaged children (ESEA title I chapter 1). Provides for annual payments to eligible LEAs with approved applications if they comply with certain data collection requirements to monitor progress toward meeting national education goals, and demonstrate such progress. Requires each such LEA to reserve up to five percent of its allotment to make as many grants as practicable, for authorized activities, to community-based organizations or nonprofit partnerships between the LEA and an area-wide collaborative of private sector businesses. Sets limits on the time and the amount of funds to be used for planning purposes. Requires LEAs to use funds under this title to meet national education goals through programs designed to: (1) increase the academic achievement of rural school children to at least the national average; (2) prepare all rural children for school; (3) increase the graduation rates of rural students to at least the national average; (4) prepare rural school graduates to enter higher education, pursue careers, and exercise their responsibilities as citizens; (5) recruit and retain qualified teachers; and (6) decrease the use of drugs and alcohol by rural students, and enhance their physical and emotional health. Sets forth program accountability requirements: (1) in general, for initial grants, renewal grants, and renewal of school participation; (2) for achievement, including demonstration of improvement; and (3) for data collection certification and to monitor progress in achieving national education goals. Authorizes the Secretary to make, from reserved funds, competitive incentive awards to individual schools participating in projects assisted under this title that demonstrate exemplary progress in meeting specified program requirements. Directs the Secretary, by January 1, 1993, to report on the impact of Federal regulations, guidelines, and policies on rural public schools. Requires LEAs desiring to receive an allotment under this Act to establish a local advisory group to: (1) advise on design and conduct of a needs assessment for participating schools; (2) assist in planning for community-wide collaboration in service delivery for youths in participating schools; (3) advise the LEA and the community on how they can work together to use multiple service providers; and (4) advise and assist program implementation and review program evaluation; (5) review and approve community-based organizations' applications; (6) advise on strategies for increasing parental involvement and the number of school volunteers and role models; and (7) review community-based programs' progress or national education goals. Allows use of a comparable existing local advisory group to comply with such requirement. Sets forth special rules relating to ranking of schools to determine relative need, in general, on the basis of achievement, poverty, and racial isolation. Requires each LEA receiving a grant to serve between ten and 20 percent of its schools. Requires eligible LEAs to have flexibility to serve homeless children, desegregating students, immigrants, migrants, or other highly mobile populations, within the program assisted under this title. Deems any approved program for any school served under certain ESEA title I chapter 1 provisions to be sufficient to meet the application and program accountability requirements of this title. Title II: School Building Repair and Renovation - Authorizes appropriations to assist eligible LEAs in repairing and renovating instructional facilities in rural schools. Directs the Secretary to make allotments to State educational agencies based on relative allocations to LEAs under ESEA title I chapter 1. Directs each SEA after after being allowed to reserve one percent of such funds for administrative expenses, to allot the remainder to eligible LEAs, which shall use half of such allotment for programs for school building repair and renovation, and half for programs for school environmental concerns and safety improvements. (Authorizes the SEA to waive such 50 percent division in certain cases.) Directs the SEA to allocate such funds on the basis of the number of: (1) children from families below the poverty line; (2) school buildings used for instructional purposes; and (3) school buildings more than 25 years old used for instructional purposes. Limits the period covered by a grant application to three years, and requires annual review. Lists types of programs eligible LEAs must conduct with their allotments for: (1) repair and renovation of school buildings; and (2) improvements related to environmental concerns and safety. Title III: Evaluation of Results - Subtitle A: Assistant Secretary - Amends the Department of Education Organization Act to establish an Assistant Secretary for Rural Education in the Department of Education. Subtitle B: Rural School Research and Evaluation - Authorizes appropriations to carry out this subtitle. Directs the Secretary to establish for each region a National Rural Regional Education Research Center (Center), to be operated by the appropriate regional educational laboratory. Requires each Center to: (1) conduct independent research in rural education and distance learning technologies; (2) evaluate progress toward the national education goals of rural schools receivng funds under title I of this Act; (3) be rural education clearinghouses for research findings, policies, and practices; (4) develop measurements of rural schools' progress; (5) disseminate evaluation and research results to other centers and rural school districts and parents; (6) arrange collaboration and consortia among rural schools in the region for joint research and evaluation; (7) replicate successful models and program approaches; (8) provide technical assistance and outreach services for schools; (9) provide staff training; and (10) develop curricula to assist rural schools in moving toward meeting the national education goals. Requires each Center to reserve 25 percent of funds received under this subtitle for direct grants to rural eligible LEAs within its region, which are participating in a program assisted under title I of this Act, to conduct local school district research and evaluation of efforts toward meeting the national education goals. Title IV: General Provisions - Establishes the Interagency Council on Rural Schools to: (1) review Federal programs to determine effects on and rural schools' ability to meet national education goals; (2) track school progress toward and such goals; (3) solicit advice and information for rural education experts and rural school representatives on improvement of Federal programs; (4) review Federal regulations for duplication or contradiction; (5) report annually to the Congress and the President on rural school progress; (6) review and recommend improvement for streamlining of Federal data collection in rural schools; and (7) conduct research to help rural school practitioners improve school performance. Directs the President to conduct a White House Conference on Rural Education before October 30, 1994. Requires the Conference to: (1) develop recommendations and strategies for improving rural education; (2) marshal the forces of the private sector, governmental agencies at all levels, parents, teachers, communities, and education officials to assist rural schools in meeting national goals; and (3) conduct initial planning for a permanent national advisory commission on rural education. Requires reports to the President. Authorizes appropriations for such Conference. Establishes the Carl D. Perkins National Commission on Rural Education (the Commission). Directs the Commission to: (1) study specified issues relating to rural schools; and (2) report, and recommend changes in Federal legislation, to the President and appropriate congressional committees. Terminates the Commission three years after its first meeting. Authorizes appropriations for the Commission. Requires eligible LEAs to use Federal funds received under this Act only to supplement but not supplant non-Federal funds.
United States · United States Congress · 26 June 1991
Religious Freedom Restoration Act of 1991 - Prohibits any agency, department, or official of the United States or any State (the government) from burdening a person's exercise of religion even if the burden results from a rule of general applicability, except that the government may burden a person's exercise of religion only if it demonstrates that application of the burden to the person: (1) is essential to further a compelling governmental interest; and (2) is the least restrictive means of furthering that compelling governmental interest. Sets forth provisions pertaining to judicial relief, attorney's fees, and applicability.
United States · United States Congress · 26 June 1991
Multiple Employer Health Benefits Protection Act of 1991 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to establish certification standards under title I (Protection of Employee Beneift Rights) for multiple employer welfare arrangements (MEWAs) providing health benefits. Treats as employee welfare benefits plans, and exempts from certain restrictions on preemption, a MEWA which provide benefits consisting solely on specified medical care, which is not fully insured, and with respect to which a specified certificate of compliance is in effect or there is pending a complete application for such a certificate and the Secretary of Labor (the Secretary) determines that provision protection under this Act is appropriate. Sets forth requirements for such certificate of compliance, including provisions for: (1) application information and filing fee; (2) issuance of certificate; (3) treatment of party seeking the certificate where the party is subject to disqualification for specified reasons; and (4) franchise networks. Sets forth additional filing requirements, including: (1) notice of material changes; (2) annual reports; (3) engagement of qualified actuary; and (4) filing certificates of compliance with States. Sets forth requirements for disclosures to participating employees. Requires MEWAs with certificates of compliance under this Act and which are not fully insured to maintain specified types of reserves. Requires a specified minimum amount for certain of such reserves. Sets forth transitional rules for meeting escrow requirements. Requires the qualified actuary to include, in determining the amount of such required reserves, a margin for error and other fluctuations taking into account the specific circumstances of such MEWA. Requires such MEWAs to establish and maintain for each plan year aggregate and specific excess/stop loss coverage in a prescribed manner and amount. Sets forth corrective actions which such MEWAs' operating committees must take: (1) to avoid suspension or revocation of certification; or (2) in connection with termination of the MEWA. Sets forth provisions for certification: (1) expiration and renewal; (2) suspension or revocation by the Secretary or under court proceedings; (3) surrender and notification of participating employees; and (4) expiration, suspension, and revocation publication. Sets forth provisions for review of actions by the Secretary with respect to denials of applications for, or suspensions or revocations of, such certificate of compliance. Revises ERISA provisions relating to: (1) a specified exemption from preemption; (2) the definition of plan sponsor; and (3) treatment of single employer arrangements. Directs the Secretary to prescribe an alternative means of distribution of summary plan descriptions by participating employers, in the case of MEWAs. Requires MEWAs which provide medical care health benefits and which are not fully insured and which have not been certified under this Act to file specified registration statements with the Secretary and with the Insurance Commissioner (or similar official) of each State in which they conduct business.
United States · United States Congress · 26 June 1991
Title I: Amendments To The Older Americans Act of 1965 - National Older Americans Advocacy and Protection Amendments of 1991 - Amends the Older Americans Act of 1965 to establish in the Administration on Aging (Administration) an Office on Long-Term Care Ombudsman Programs headed by an Associate Commissioner For Ombudsman Services who shall serve as the Federal advocate on behalf of older individuals who reside in long-term care facilities. Requires the Administration to establish and operate the National Ombudsman Resource Center to assist State Long-Term Care Ombudsmen and to carry out State long-term care ombudsman programs. Extends the deadline for the annual Administration report to the Congress on complaints and conditions in long-term care facilities. Requires a Commission study of the effectiveness of State long-term care ombudsman programs. Provides for greater accountability in the State and local long-term care ombudsman programs. Requires long-term care ombudsmen to have immediate access to residents of long-term care facilities. Expands the authority of long-term care ombudsmen to include representing such residents' interests before governmental agencies and seeking administrative, legal, and other actions to protect the rights and well-being of such residents. Requires long-term care ombudsman programs to: (1) inform such residents about ombudsman services; and (2) ensure that such residents have regular and timely access to such services and receive timely responses to requests for such services. Defines "conflict of interest" for purposes of such Act as: (1) a direct involvement in the licensing or certification of a long-term care facility or of a provider of a long-term care service; (2) an ownership or investment interest in the operation of a long-term care facility; (3) employment by, or participation in the management of, a long-term care facility; or (4) the receipt, or right to receive, directly or indirectly, remuneration under a compensation arrangement with an owner or operator of a long-term care facility. Requires States to establish, and specify in writing, mechanisms to identify and remove conflicts of interest. Title II: Elder Abuse - Prevention, Identification, and Treatment of Elder Abuse Act of 1991 - Directs the Secretary of Health and Human Services to establish an office known as the National Center on Elder Abuse to: (1) compile an annual summary of recently conducted research on elder abuse; (2) develop and maintain an information clearinghouse on all programs for the prevention and treatment of such abuse; (3) compile training materials for personnel engaged in elder abuse prevention; (4) provide technical assistance for the planning and implementation of programs relating to the problems of elder abuse; and (5) investigate the causes and national incidence of elder abuse. Authorizes the Secretary to make grants to, or enter into contracts with, public agencies or nonprofit organizations for demonstration projects designed to prevent and treat elder abuse. Sets forth the terms and conditions for such grants. Authorizes the Secretary to make grants to States for the development and implementation of elder abuse prevention and treatment programs. Requires such States to have in effect a State elder abuse laws. Sets forth other requirements for eligibility. Prohibits the use of assistance for construction of facilities. Directs the Secretary to establish criteria to achieve equitable distribution of assistance among the States. Authorizes appropriations. Title III: Board and Care Facility Quality - National Commission on Board and Care Facility Quality Act of 1991 - Directs the Secretary of Health and Human Services to arrange for the establishment of a National Commission on Board and Care Facility Quality to: (1) examine existing quality, health, and safety requirements for board and care facilities and the enforcement of such requirements for their adequacy and effectiveness; (2) examine and make recommendations with respect to the appropriate role of Federal, State, and local governments in assuring the health and safety of residents of board and care facilities; and (3) make specific recommendations to the Congress and the Secretary concerning the establishment of minimum national standards for the health and safety of residents of such facilities and the enforcement of such standards. Title IV: Effective Dates - Sets forth the effective dates of this Act.
United States · United States Congress · 26 June 1991
National Aquaculture Development Act of 1991 - Designates the Department of Agriculture as the lead Federal agency for the coordination and implementation of national policy for private aquaculture. Establishes in the Department of Agriculture the Office of Aquaculture Policy Coordination and Development. Requires the Department to treat private aquaculture as a form of agriculture and aquaculture products as agricultural commodities. Amends the National Aquaculture Act of 1980 to add specified tasks to the aquaculture duties of the Secretary of Agriculture, the Secretary of Commerce, and the Secretary of the Interior (the Secretaries). Sets forth requirements regarding the location and functioning of the National Aquaculture Information Center. Requires the interagency aquaculture coordinating group to establish a working relationship with the industry advisory councils of regional aquaculture centers and with national organizations and commodity associations. Mandates reports to the Congress regarding: (1) the application of the Lacey Act Amendments of 1981 to aquaculture; and (2) actions taken to revise the National Aquaculture Development Plan. Removes provisions requiring the concurrence of the Secretaries in order to specify which of the Secretaries has responsibility for implementing each action in the Plan. Shifts certain requirements and powers from the Secretaries to the Secretary of Agriculture.
United States · United States Congress · 26 June 1991
Constitutional Amendment - Requires the Congress and the President, prior to each fiscal year, to agree on an estimate of total receipts (except those derived from borrowing) for that fiscal year by enactment of a law devoted solely to that subject. Prohibits outlays for that year (except those for repayment of debt principal) from exceeding this amount unless the Congress, by a three-fifths roll call vote of each House, authorizes a specific excess of outlays over receipts. Requires a three-fifths roll call vote of each House to increase the public debt. Directs the President to submit a balanced budget to the Congress. Requires the approval of a majority of the total membership of each House by roll call vote before any bill to increase revenue may become law. Waives these provisions when a declaration of war is in effect. Makes this article effective beginning with FY 1995 or with the second fiscal year after its ratification, whichever is later.
United States · United States Congress · 25 June 1991
Amends the Internal Revenue Code and the Social Security Act to exclude from the social security tax on self-employment income amounts received by a former insurance salesman after retirement if: (1) such amounts are deferred or renewal commissions on policies sold before retirement; and (2) such salesman was not an employee for tax purposes.
United States · United States Congress · 25 June 1991
Establishes the National Commission on American Labor Law (the Commission). Directs the Commission to evaluate all aspects of labor law to determine any necessary changes so that labor and civil rights, working conditions, and U.S. workers' standard of living can be maintained or enhanced with the simultaneous promotion and growth of U.S. businesses domestically and in international markets. Requires the Commission to include in its evaluation laws and regulations relating to: (1) labor-management relations; (2) work place health and safety; (3) work place discrimination; (4) wages, benefits, and disability compensation; (5) worker training, retraining, and skill enhancement; (6) immigration and the use of foreign workers; and (7) procurement and contracting. Sets forth provisions for Commission membership, Director and staff, experts and consultants, and powers. Requires the Commission to report, with recommendations for legislative or administrative action within three years after enactment of this Act, to the President and each House of the Congress. Terminates the Commission 90 days after its submission of its final report. Authorizes appropriations.
United States · United States Congress · 25 June 1991
Amends the Internal Revenue Code to provide an exception from the additional tax on early distributions from qualified retirement plans for distributions made to an employee upon financial hardship of such employee.
United States · United States Congress · 25 June 1991
Declares that the House of Representatives commends the reserve components of the U.S. armed forces who were called to active duty within the United States during the Persian Gulf conflict for their devoted service, efforts, and contributions to the achievement of victory in it.
United States · United States Congress · 19 June 1991
Choice in Education Act - Authorizes the Secretary of Education (the Secretary) to make four-year grants to public schools or local educational agencies for demonstrations and evaluations of choice in education programs which provide parents and children with an opportunity to choose an appropriate education. Provides for evaluation of data from such demonstration programs and other ongoing public and private school choice programs. Earmarks the first year of a grant for planning and training and the next for implementation. Allows grantees to apply for an additional two-year continuation grant. Limits the use of other Federal funds for such demonstration programs. Requires grant applications to contain specified assurances and documentation. Requires a review panel appointed by the Secretary to make grant recommendations for specified types of proposals. Requires the grantee to submit a detailed implementation plan at the end of the planning year. Requires approval of such plan, unless: (1) parents and students are not involved in planning and implementation and are not provided with adequate and objective information on available choices; (2) the program does not demonstrate the probability of increasing educational opportunities of disadvantaged students, minority students, or students with disabilities; and (3) the program does not provide equal access for all students. Requires grantees to report biennially on program operation and student achievement. Directs the Secretary to reserve a portion of funds to evaluate grant programs under this Act in comparison with other similar programs not receiving assistance under it. Directs the Secretary to provide the independent evaluation results to the Educational Resources Information Center and to all program participants. Authorizes the Secretary, through the Office of Educational Research and Improvement, to provide for research, evaluation, and dissemination of results through grants to and contracts with various entities. Directs the Secretary to report biennially to the Congress. Defines "choice" as a system adopted by a State or local educational agency under which parents may select the school or educational program in which their child will be enrolled, including limited choice, open enrollment, and magnet schools. Authorizes appropriations.
United States · United States Congress · 19 June 1991
Medicare Physician Regulatory Relief Amendments of 1991 - Amends title XVIII (Medicare) of the Social Security Act to: (1) prohibit the denial of physician claims because of patient failure to complete Medicare secondary payer questionnaires; (2) prohibit carriers from using extrapolation to recover the amounts they reimbursed physicians for claims for which Medicare disallows payment, if the physician requests that each such claim be individually identified; (3) prohibit the imposition of specified user fees on physicians; (4) require consideration of physician comments in annual carrier performance reviews; (5) allow individuals (including physicians) to file administrative appeals when they have suffered damages as a result of the failure of a carrier to carry out Medicare policies; and (6) require review of medical necessity denials by physicians in the same medical specialty as the physician providing the service. Amends the Medicare and Medicaid (title XIX of the Social Security Act) programs to permit the reimbursement of a patient's regular physician for services provided by another physician who covers for the regular physician under contractual arrangements. Amends title XI of the Social Security Act to repeal the peer review requirement for certain surgical procedures.
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