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.
United States · United States Congress · 18 June 1991
James Madison-Bill of Rights Commemorative Coin Act - Directs the Secretary of the Treasury (the Secretary) to mint and issue five-dollar gold coins emblematic of the Bill of Rights, and one-dollar silver coins emblematic of James Madison. Sets forth guidelines for their sale and issuance, and for financial assurances. Mandates that the surcharges received by the Secretary shall be transmitted to the James Madison Memorial Fellowship Trust Fund. Authorizes audits by the Comptroller General. Provides a general waiver of procurement regulations when implementing this Act.
United States · United States Congress · 7 June 1991
Expresses the sense of the Congress that: (1) a system of at least 200,000 miles of highways of national significance should be established; (2) in authorizing the construction of highway projects due consideration should be given to the fact that the topography of a rural area causes the costs of construction to exceed such costs in an urban area; and (3) formulas established to apportion funds under the national highway program should be responsive to rural transportation needs and should emphasize the number of miles of highways in a State.
United States · United States Congress · 6 June 1991
Federal Aid Surface Transportation Act of 1991 - Title I: Federal-Aid Highway Act of 1991 - Federal-Aid Highway Act of 1991 - Authorizes appropriations out of the Highway Account of the Highway Trust Fund (HTF) for: (1) the National Highway and Bridge System; (2) the Urban and Rural Highway and Bridge Program; (3) emergency relief; (4) the Federal Lands Highway Program; (5) the University Transportation Centers Program; (6) the Right-of-Way Revolving Fund; and (7) the Territorial Highway Program. Specifies that unobligated balances of funds apportioned or allocated to a State under Federal highway provisions before October 1, 1991, shall be available for obligation in such State under the law, regulations, policies, and procedures relating to the obligation and expenditure of those funds in effect on September 30, 1991. Repeals the FY 1993 authorization under the Federal-Aid Highway Act of 1956. Authorizes appropriations for Interstate construction to complete the Interstate System out of the Highway Account of the HTF for each of FY 1992 through 1995. Provides for certain allocations for Massachusetts for such fiscal years. Sets forth a formula for the apportionment of authorized funds for such fiscal years among the States. Authorizes appropriations out of the Highway Account of the HTF for highway projects for the Interstate Substitution Program. Sets forth provisions with respect to obligation ceilings for Federal-aid highway programs, distribution of and limitations on obligation authority, and redistribution of unused obligation authority. Declares that national resources should be focused upon preserving the nation's investment in its Interstate systems, that broad national defense, economic, safety, and international policy goals are advanced by efficient transportation systems, that national transportation investments should increasingly encourage domestic and international commerce and trade, and that, based on congressionally established national transportation policy and objectives, a new Federal high priority highway network should be designated. Establishes the National Highway and Bridge System, to consist of all currently designated Interstate highways, an appropriate portion of the rural and urban principal arterial routes, including toll facilities, and national defense highways, and routes which meet specified criteria (including nationally significant truck routes, routes that provide nationally significant commodities with access to markets, access points to significant national parks, facilities that will provide logical connection between major population centers and the National Highway and Bridge System, and major urban corridors). Specifies that the National Highway System shall be based on a functional reclassification of roads and streets in each State which shall be designated not later than September 30, 1993, in accordance with guidelines issued by the Secretary of Transportation, and that the Secretary may add segments to the National Highway System as necessary to meet National Highway Program objectives. Directs the Secretary to establish criteria for reviewing projects to be funded as part of the National Highway and Bridge System which: (1) define eligible projects to include rehabilitation, resurfacing, restoration, capacity expansion, operational improvement, safety, and new highway construction; (2) ensure as a first priority for the use of available funds the protection of investments made in the Interstate highways in each State and the provision of suitable traveling quality by such highways; (3) permit funding in urbanized areas to be used to improve highway and transit systems, where it can be shown that the improvement will increase the level of service within the corridor of the National Highway and Bridge System; and (4) permit the use of such funds for intercity rail projects and projects for access to ports, airports, and related facilities. Sets forth additional provisions with respect to the discharge of responsibilities by the Secretary for National Highway and Bridge System projects. Directs the Secretary to establish an Urban and Rural Highway and Bridge Program to provide a category of funds that minimizes Federal requirements and provides flexibility in the use of available funds for either highway or transit projects. Specifies: (1) that the Urban and Rural Highway and Bridge Program shall consist of all public highways (including bridges) functionally classified as arterials, urban collectors, and rural collectors other than those designated as part of the National Highway and Bridge System; (2) that each State shall establish guidelines for implementing this program; and (3) eligible highways and projects. Sets forth provisions with respect to the obligation of funds, and the Federal share of projects, for the construction of toll roads, bridges, tunnels, and ferries. Requires the Secretary, in each fiscal year, to allocate among the States amounts sufficient to ensure that: (1) the total of apportionments and minimum allocation for each State in each such fiscal year shall not be less than 90 percent (currently, 85 percent) of the percentage of estimated tax payments into the Highway Account of the HTF attributable to highway users in the State of total apportionments in each such fiscal year and allocations for the prior year; and (2) each State's total apportionment from the Highway Account of the HTF for the year is not less than that made during FY 1991 (excluding any Interstate construction funds in excess of FY 1992 one-half percent minimum, Interstate substitution, and amounts for demonstration or discretionary funding programs or projects). Directs the Secretary to cooperate with State and local officials in urbanized areas in the development of transportation plans and programs which are formulated with due consideration to comprehensive long-range land use plans, development objectives, innovative financing mechanisms, overall social, economic, environmental, and system performance, energy conservation goals and objectives and with due consideration to their probable effect on the future development of the area. Specifies that the transportation planning process, at a minimum, shall cover the existing urbanized area and the area expected to become urbanized within the forecast period, and that it may encompass the entire Metropolitan Statistical Area/Consolidated Metropolitan Statistical Area at the discretion of the Governor and the affected units of local government. Requires that transportation plans and programs in urbanized areas of more than 200,000 population be based on a continuing transportation planning process which: (1) is carried out by a metropolitan planning organization and is comprehensive to the degree appropriate based on the complexity of transportation problems in the area, including transportation-related air quality problems; and (2) considers all modes of transportation, including intermodal connectivity, the balance between future development and transportation needs, and an areawide multimodal congestion management system. Specifies that in nonattainment areas for transportation-related pollutants the multimodal congestion management system shall address air quality considerations and be coordinated with the process for development of the transportation element of the State Implementation Plan required by the Clean Air Act. Requires that the costs and impacts of proposed action on both mobility and air quality be evaluated. Bars the Secretary from approving any highway project in urbanized areas of more than 200,000 population that by reconstruction or new construction significantly increases the vehicle carrying capacity of a transportation corridor unless the project is consistent with the congestion management system. Directs the metropolitan planning organization to cooperate with the State in the development of a congestion management, bridge management, pavement management, safety management, and traffic monitoring system. Requires that: (1) a metropolitan planning organization be designated in each urbanized area by agreement among the units of general purpose local government and the Governor to carry out such transportation planning process; (2) such organization develop a transportation improvement program that includes all projects proposed for funding within the study area under the National Highway and Bridge Program, the Urban and Rural Highway and Bridge Program, and the Bridge Program; and (3) in urbanized areas of 200,000 population or less, such organization, the State, and transit operators, at a minimum, meet the requirements of this Act by the development of such a transportation improvement program (including consideration of transportation-related air quality problems.) Requires the Federal highway research program to include coordinated long-term programs of research: (1) on Intelligent Vehicle Highway Systems; and (2) for the development, use, and dissemination of performance indicators to measure the performance of the surface transportation system. Requires such program to continue those portions of the Strategic Highway Research Program that the Secretary deems important. Directs the Secretary to create and administer the Dwight David Eisenhower Transportation Fellowship Program, a program to attract qualified students to the field of transportation engineering and research. Provides for the funding of such program. Directs the Secretary to cooperate with the States in carrying out: (1) statewide transportation planning; and (2) State highway research. Sets forth provisions regarding State matching fund requirements and waiver of such requirements. Directs the Secretary: (1) in the Secretary's reports regarding future highway needs of the nation, to report as well on the condition and performance of the existing system and on the bridge needs of the nation; and (2) beginning with the report due in January 1995, to include the results of studies of the air quality impacts of transportation programs including the air quality benefits realized from transportation control measures required under the Clear Air Act. Establishes within the Department of Transportation a Bureau of Transportation Statistics, which shall pursue a comprehensive, long-term program for the collection and analysis of data relating to the performance of the national transportation system. Requires the Director of such Bureau to: (1) produce annually unbiased and comparable estimates of factors including productivity in the various portions of the transportation sector, traffic flow, travel times, travel costs of intracity commuting and intercity trips, frequency of vehicle and transportation facility repairs, accidents, and collateral damage to the human and natural environment; and (2) submit reports beginning on October 1, 1992, and every 12 months thereafter, to specified congressional committees describing the status of the U.S. transportation system. Authorizes the Secretary to: (1) undertake, on a cost-shared basis, collaborative research and development with non-Federal entities, including State, local, and foreign governments; and (2) enter into cooperative research and development agreements, except that the average Federal share in such agreements shall not exceed 50 percent (but allows the Secretary to approve a higher Federal level of participation where there is substantial public interest or benefit). Authorizes the Secretary to withhold project approvals on National Highway and Bridge Program projects for failure of a State to have a bridge management, pavement management, safety management, and congestion management system. Requires each State to have a traffic monitoring system to provide statistically-based traffic data. Sets forth provisions regarding: (1) acquisition of rights-of-way; (2) private, State, and local donations; (3) access to rights-of-way to accommodate needed passenger or commuter rail, high speed ground transportation systems (including magnetic levitation systems), and highway and nonhighway public mass transit facilities; and (4) the definition and scope of the Interstate System. Declares that: (1) the nation must redirect its efforts toward moving people, information, and goods rather than moving vehicles; (2) the new Federal program shall refocus national policies to respond to increasing inter-regional travel, relieving urban congestion, improving rural access, fostering intermodalism, enhancing air quality, conserving energy, and giving priority to projects that offer the best solutions to the transportation problems and environmental considerations of each region; and (3) the essential element for an effective future program is a new Federal, State, and local partnership that provides more funding, greater program flexibility, and greater program management and resource contribution responsibilities at the State and local levels. Sets forth provisions with respect to the apportionment of funds, including apportionment formulas under the: (1) National Highway and Bridge Program, based on the State's rural and urban lane miles, rural vehicle miles traveled, and diesel fuel consumption; and (2) Urban and Rural Highway and Bridge Program, in the ratio of tax payments of the Highway Account of the HTF attributable to the highway users of each State. Sets forth provisions with respect to: (1) project agreements and obligations of funds; (2) availability of funds; (3) the Federal share payable with respect to certain projects; (4) project litigation expenses; and (5) the allocation and administration of Federal lands highways funds, and the establishment of a coordinated Federal Lands Highways Program. Authorizes (subject to specified limitations): (1) States to use Federal highway funds to construct improved lanes, paths, or shoulders, traffic control devices, shelters, and parking facilities for bicycles and pedestrians, and carry out nonconstruction projects related to safe bicycle and pedestrian use; (2) the Secretary, where a highway bridge deck being replaced or rehabilitated with Federal financial participation is located on a highway on which bicycles or pedestrians are permitted to operate at each end of the bridge and the Secretary determines that the safe accommodation of bicycles or pedestrians can be provided at reasonable cost, to replace or rehabilitate such bridge, making such accommodations; (3) Federal lands highways funds to be used for the construction of pedestrian walkways and bicycle routes; and (4) a State to expend Urban and Rural Highway and Bridge Program funds for such construction. Provides for: (1) a functional reclassification of all public roads; (2) the transfer of funds for transit projects to, for administration by, the Urban Mass Transportation Administration; and (3) a recodification of Federal highway-related provisions. Requires that construction standards adopted for the National Highway and Bridge System be those approved by the Secretary in cooperation with the State highway departments and the American Association of State Highway and Transportation Officials (currently, with respect to construction standards for the Interstate System, cooperation with such Association is not required). Directs the Secretary to issue guidelines for minimizing soil erosion from highway construction. Bars the Secretary from approving projects that will result in the severance or destruction of an existing major route for nonmotorized transportation traffic and light motorcycles, unless the project provides a reasonable alternative route or an alternative route exists. Requires: (1) projects for resurfacing, restoring, or rehabilitating specified highways to be constructed in accordance with standards to preserve and extend highway service life and enhance highway safety; and (2) States to charge, at a minimum, fair market value for the sale, use, lease, or lease renewals of right-of-way airspace acquired as a result of a project funded in whole or in part with Federal assistance made available from the Highway Account of the HTF, with exceptions. Provides that: (1) Indian contractors certified by State transportation or highway departments shall receive preference in the award of contracts on Indian reservations to the maximum extent practicable; and (2) contracts for Urban and Rural Highway and Bridge Program projects may be entered into with the prior concurrence of the Secretary in the award. Authorizes: (1) the State transportation or highway department to include warranty or guarantee provisions in construction contracts which, if used, shall be for a specified construction product or feature and may not include routine maintenance; and (2) projects (currently, requires projects) approved to include the amount of any interest earned and payable on bonds issued by the State to the extent that the proceeds of the bonds have actually been expended in the construction of the project. Authorizes the Secretary, except for projects administered under the Urban and Rural Highway and Bridge Program, to make payments to a State for costs incurred on a project. (Current law authorizes payment to States for construction.) Specifies that total payments shall not exceed total costs incurred by the State for the project. Requires any State transportation or highway (currently, highway) department which submits plans for a National Highway and Bridge Program or Interstate System project (currently, Interstate System project) to make its certification and report, indicating that consideration was given to the economic, social, environmental, and other effects of the plan, highway location or design, and various alternatives which were raised during the hearing or which were otherwise considered (current law does not mention the latter requirement). Authorizes the Secretary to approve for Federal financial assistance from National Highway and Bridge Program funds: (1) projects designed to encourage the use of carpools, subject to specified limitations; and (2) the construction of exclusive or preferential high occupacy vehicle (HOV) lanes, highway traffic control devices, intercity and urban bus passenger loading areas and facilities, and fringe and transportation corridor parking to serve HOV, intercity bus, and public transportation passengers. Specifies that if fees are charged for the use of any carpool or other publicly owned parking facility constructed pursuant to Federal highway provisions, the revenue in excess of that required for maintenance and operation of the facility and the cost of providing shuttle service to and from the facility including compensation to any person for operating the facility and for providing shuttle service shall be used for purposes authorized under Federal highway provisions. Requires that National Highway and Bridge System funds be made available to finance the Federal share of projects for exclusive or preferential HOV, truck, and emergency vehicle routes or lanes. Permits such routes on the Interstate System to have less than four lanes of traffic. Prohibits the approval of HOV projects unless the Secretary has received assurances from the owner or operator of the facility that HOV vehicles will fully utilize the proposed project and that essential operations and enforcement support of the facility will be provided. Specifies that, in any case where sufficient land exists within the publicly acquired rights-of-way of the National Highway System to accommodate needed nonhighway public mass transit facilities and where the accommodation can be accomplished without impairing automotive safety or future highway improvements, the Secretary may authorize a State to make those lands and rights-of-way available without charge to a publicly owned mass transit authority for such purposes wherever the public interest will be served. Directs the Secretary to require assurance from any State desiring to avail itself of benefits under Federal highway provisions that employment in connection with proposed projects be provided without discrimination based on race, color, religion, national origin, age, disability, or sex (currently, specifies "without regard to race, color, creed, national origin, or sex"). Requires that not to exceed one fourth of one percent of the funds apportioned to a State be available for highway construction training. Prohibits discrimination on the basis of sex under programs or activities receiving Federal assistance. Repeals a requirement that each State certify that it is enforcing all speed limits on public highways and that the Secretary not approve projects in States failing to make such certification. Requires each State to establish a procedure to certify that highway bridge inspectors meet national qualifications. (Current law requires that standards established by the Secretary include a procedure for national certification of such inspectors.) Directs the Secretary to withhold ten percent of the amount to be appropriated to any State on the first day of each fiscal year in which the purchase or public possession in that State of any alcoholic beverage by a person who is less than 21 years of age is lawful (current law specifies five percent on the first day of the fiscal year succeeding the first fiscal year beginning after September 30, 1985, and ten percent after the second fiscal year beginning after such date). Specifies that funds withheld from apportionment shall be apportioned to the other States in compliance and remain available for the period of time applicable to the category of funds withheld (currently, treatment of such funds varies based on whether funds were withheld on or before September 30, 1988). Directs that construction estimated to cost $50,000 (currently, $15,000) or more per mile or per project for projects with a length of less than one mile on forest development roads and trails be advertised and let to contract, and allows projects with less than such cost, if no acceptable bid is received, to be done by the Secretary of Agriculture. Repeals provisions under the Territorial Highway Program: (1) that Federal financial assistance be granted on the basis of a Federal contribution of 100 percent of the cost of any project; and (2) under which the Governor must agree not to impose any toll, or permit any such toll to be charged, for use by vehicles or persons of any portion of the facilities constructed or operated to qualify for funding. Provides that, in addition to a specified percentage, sums provided (currently, two percent) for each fiscal year may be expended upon request of the Governor with the Secretary's approval under such Program. Requires (currently, authorizes the Secretary to make) expenditures with respect to the reconstruction of the Alaska-Canada international highway. Authorizes the Secretary to give priority of approval to, and expedite the construction of, projects that are recommended as important to the national defense. Modifies provisions regarding the National Highway Institute to: (1) require that private agencies and individuals pay the full cost of any education and training received by them; and (2) authorize the Institute to engage in all phases of contract authority for training purposes authorized under Federal highway provisions and to carry out its authority independently or in cooperation with any other branch of Government, authority, association, or person. Authorizes the Institute to establish and collect fees from any entity and place them in a special account.
United States · United States Congress · 4 June 1991
Disaster Assistance Act of 1991 - Title I: Emergency Livestock Assistance - Amends the Agricultural Act of 1949 to prohibit a person from receiving emergency feed assistance under this title and disaster assistance for the same 1991 weather damaged crops. Subjects eligible recipients to specified combined payments and benefits limitations. Directs the Secretary of Agriculture to implement an emergency forage program to reseed 1991 weather damaged forage crops. Limits: (1) Federal cost-sharing to 50 percent; and (2) individual payments to $3,500. Funds such program through the Commodity Credit Corporation (with a $50,000,000 limit). Title II: Emergency Crop Loss Assistance - Subtitle A: Annual Crops - Directs the Secretary to make 1991 disaster payments to producers of wheat, feed grains, upland cotton, extra long staple cotton, rice, peanuts, sugar, tobacco, oilseeds, and other nonprogram crops. Extends crop quality reduction disaster assistance through the 1991 crop year. Reduces disaster assistance payments in relation to Federal crop insurance payments. Requires producers to obtain Federal crop insurance for 1992 in order to be eligible for disaster payments and other specified assistance for 1991 crop losses. Sets forth exempted circumstances. Requires the Secretary to announce within a specified time the conditions for establishing a 1990 farm yield for forage-use-crops. Limits assistance under this subtitle to $100,000. Prohibits double payments on replanted acreage. Authorizes: (1) the substitution of crop insurance program yields for 1991 disaster assistance eligibility purposes; and (2) the Secretary to determine a de minimis yield for each crop eligible for reduced yield disaster payments. Subtitle B: Administrative Provisions - Makes a person with qualifying annual gross income (as defined by this Act) in excess of $2,000,000 ineligible for assistance under this title. Places a specified pro rata cap on 1991 wheat, feed grain, upland cotton, extra long staple cotton, and rice deficiency payments if corn planted in 1991 exceeds a specified acreage. Subtitle C: Sense of Congress - Expresses the sense of the Congress regarding disaster payments' purposes of preserving farm livelihoods and the financial health of rural communities. Title III: Other Emergency Provisions - Directs the Secretary to provide loan guarantees through the Rural Development Insurance Fund to rural businesses (including Indian tribes) who have suffered 1991 disaster damage. Limits: (1) individual guarantees to 90 percent of $500,000; and (2) aggregate guarantees to $200,000,000.
United States · United States Congress · 3 June 1991
Expresses the sense of the Congress that: (1) the American public should observe the 100th anniversary of filmmaking; and (2) the American Film Institute has a leadership role in preserving the art of film.
United States · United States Congress · 23 May 1991
Forests and Families Protection Act of 1991 - Title I: Establishing Long Term Program - Provides for the establishment of a long-term Bureau of Land Management (BLM) and Forest Service (FS) program to protect old growth forest, the Northern Spotted Owl, and other old growth associated species on areas of ecologically-significant old growth forest on State and Federal lands in Oregon, Washington, and Northern California selected for the Old Growth Forest Reserve to be established by the Secretaries of Agriculture and the Interior under this Act. Requires the Secretaries to: (1) submit the applicable land management plans for implementing such program for appropriate consultation required under the Endangered Species Act; and (2) review previously applied administrative constraints on resource uses on lands under their jurisdiction to minimize the impact on pre-existing land uses resulting from the establishment of the Reserve. Bars further acquisition of mineral and mining rights in the Reserve. Permits roads, structures, and motorized and nonmotorized recreation and access, and hunting and fishing in the Reserve where consistent with the requirements of this Act and other applicable law. Permits timber harvesting in certain limited circumstances and only if not proscribed for any Reserve area in the applicable forest plan. Title II: Ensuring the Effectiveness of Federal Land Planning - Amends the Federal Land Policy and Management Act of 1976 and the Forest and Rangeland Renewable Resources Planning Act of 1974 to provide additional guidance on the implementation, amendment, and revision of plans for Federal lands necessary to ensure the effectiveness of Federal land planning and that the applicable forest plans under title I of this Act and the protections which they afford the Old Growth Forest Reserve and associated species are implemented effectively. Title III: Providing An Interim Program - Provides for an interim program until the Reserve is established and applicable forest plans are adopted under title I of this Act with the same purposes as the long-term program, and for the provision of an adequate supply of timber on FS and BLM lands. Directs the Secretaries to establish an Old Growth Research Program (OGRP) to better understand and manage old growth forest ecosystems. Restricts timber sales, road construction, and mineral leasing on certain FS and BLM lands, including those within a certain radius of a Northern Spotted Owl nest site. Requires environmental impact statements on, and appropriate consultation for, the timber harvested from FS and BLM lands to ensure compliance with the National Environmental Policy Act and the Endangered Species Act. Provides for judicial review of agency decisions or actions under this title. Directs the Secretaries to publish in the Federal Register timber harvesting guidelines for Reserve areas based on OGRP work. Title IV: Economic Adjustment - Establishes the Timber Economic Adjustment Commission to provide Federal economic adjustment grants and benefit payments to the communities economically dependent on the timber on FS and BLM lands and the dislocated workers adversely affected by enactment of this Act. Outlines assistance eligibility criteria. Requires the Secretaries to notify the Commission of any Federal action likely to have a substantial impact on employment. Requires a final Commission report to the Congress and applicable State governors on economic conditions and employment in affected areas. Title V: Miscellaneous - Authorizes appropriations to carry out this Act.
United States · United States Congress · 23 May 1991
Amends the Internal Revenue Code to provide that certain revenue received by tax-exempt organizations that conduct amateur athletic events shall not be treated as taxable unrelated business income.
United States · United States Congress · 20 May 1991
Farm Animal and Research Facilities Protection Act of 1991 - Amends title XIV of the Food Security Act of 1985 to add a new subtitle prohibiting (and establishing criminal penalties for) specified acts of destruction, theft, or damage to farm animal, research, and educational facilities. Directs the Secretary of Agriculture and the Attorney General to jointly conduct a study of the extent and effect of terrorism on animal research, production, and processing facilities. Grants jurisdiction for cases arising under these provisions to U.S. district courts. Establishes a private right of action.
United States · United States Congress · 20 May 1991
Wetlands Stewardship Act of 1991 - Title I: Wetlands Permitting - Amends the Federal Water Pollution Control Act to provide that it is U.S. policy to: (1) achieve no overall net loss of the nation's wetland base; and (2) restore and create wetlands to increase the quality and quantity of the nation's wetlands resource base. Adds to the list of activities in navigable waters that the Secretary of the Army (Secretary) is authorized to issue permits for: (1) dredging, excavation, channelization, draining, or flooding of wetlands; and (2) activities that will impair the flow, reach, or circulation of navigable waters. Permits the Administrator of the Environmental Protection Agency to prohibit or restrict any discharge into or alteration of navigable waters resulting from permitted activities. Requires the Administrator and the Secretary to establish procedures under which permit applicants and other affected persons may appeal prohibitions or restrictions. Applies provisions regarding the issuance of general permits on a State, regional, or nationwide basis to activities conducted in navigable waters authorized by this Act. Permits the Secretary to issue general permits jointly with a State that has a wetlands conservation plan for categories of activities in navigable waters or categories of navigable waters if such activities will have minimal adverse effects on the environment. Adds to the list of activities exempt from regulation under this Act: (1) activities conducted in altered or degraded nontidal wetlands in private ownership in accordance with an agreement between the landowner and the U.S. Fish and Wildlife Service or the Soil Conservation Service that provides for the restoration of wetlands values and functions; (2) silviculture activities conducted in accordance with best management practices approved by the State in which such activities are conducted; (3) aquaculture activities conducted before this Act's enactment date; and (4) aggregate or clay mining activities, subject to certain conditions. Authorizes the Secretary to provide for expedited permitting in a State or federally declared drought emergency. Requires the Secretary, the Secretary of Agriculture, the Secretary of the Interior, and the Administrator to: (1) jointly conduct a rulemaking proceeding to review and revise, as necessary, the existing technical method for the delineation of wetlands; and (2) report to the Congress on the estimated acreage of wetlands in each region of the United States to be identified as wetlands pursuant to such rule. Directs the Secretary, the Secretary of the Interior, and the Administrator to jointly develop methods for the assessment of wetlands functions and values. Requires the Secretary to report biennially to the Congress on the effects on wetlands of activities conducted under permits. Revises administrative provisions regarding State permit programs for activities in navigable waters. Requires States with approved permit programs to report biannually to the Administrator. Sets forth procedures concerning the withdrawal of program approval. Authorizes the Administrator to audit programs to ensure that States are achieving the policy set forth in this Act. Provides that permits shall require measures to avoid adverse effects on navigable waters caused by permitted activities and to minimize effects that cannot be avoided. Requires permittees to: (1) conduct mitigation and compensate for adverse effects for which measures are not practicable by restoring degraded wetlands or creating new wetlands; (2) redeem an appropriate number of credits issued under the wetlands mitigation banking system established under this Act; or (3) perform a combination of such requirements. Authorizes the Administrator, upon appeal by an applicant for a permit for construction of a building associated with a residence or for minor expansions or repairs that adversely affect less than three acres of wetlands, to issue a permit or modify mitigation requirements if the applicant demonstrates that: (1) the applicant has owned the property on which the activity requiring a permit will occur for three or more consecutive years; and (2) the denial of the permit or a failure to reduce the mitigation required would cause significant financial hardship. Permits the Secretary to require a payment as mitigation for impacts to navigable waters resulting from an activity conducted under a general permit. Directs the Secretary, the Administrator, and the Secretary of the Interior to jointly issue rules establishing a wetlands mitigation banking system. Requires such system to provide for the issuance of credits by the Secretary or a State with an approved permit program or wetlands conservation plan to any person who: (1) creates wetlands; (2) restores or enhances degraded wetlands; or (3) creates, restores, or enhances uplands that serve as buffer zones to protect or enhance wetlands. Provides for the establishment of: (1) requirements for the issuance and redemption of credits under the system; (2) standards for determining the number of credits to be issued; and (3) requirements to ensure the security of the long-term ownership interests of wetlands and uplands on which projects are conducted for credits and to protect the wetlands values of such wetlands and uplands. Authorizes the transfer of credits under the system. Exempts from this title's requirements: (1) activities for which a significant alteration of land or navigable waters is commenced before this Act's enactment date; or (2) activities approved at specific sites before May 21, 1991. Title II: Wetlands Planning and Preservation - Authorizes the Administrator, jointly with a State that has made progress in completing a wetlands conservation plan, to conduct advanced planning by identifying navigable waters in the State that are suitable or unsuitable for activities for which permits are issued under this Act. Permits the Administrator to authorize certain local governments and areawide planning agencies designated under the Demonstration Cities and Metropolitan Development Act of 1966 to identify such waters, subject to certain requirements. Requires the Administrator to make publicly available maps depicting such waters which indicate: (1) waters suitable and unsuitable for permitted activities; and (2) the wetlands functions of such waters. Directs the Administrator to make grants to States or to such local governments and agencies for identifying and describing navigable waters. Bases eligibility for such grants on the value and threat of degradation, destruction, or loss of wetlands. Requires the Secretary of the Interior to: (1) identify, map, and digitize wetlands that should be given priority because of their high value, the threat of their loss, destruction, or degradation or lack of existing or adequate maps; and (2) identify all areas under consideration for advanced planning. Authorizes State Governors to submit State wetlands conservation plans to the Administrator for approval. Sets forth plan requirements and approval procedures. Authorizes the Administrator, the Secretary, or the Secretary of the Interior, upon the request of a State, to provide technical assistance for plan development. Requires the Administrator, based on need, to provide financial assistance to States for the development and implementation of such plans. Directs the Secretary of the Interior to establish a program to promote the conservation and wise stewardship of wetlands and riparian lands on private property. Requires the program to provide assistance to private landowners for: (1) conserving wetlands and riparian lands; (2) enhancing wildlife and fisheries habitat; and (3) developing economic uses of wetlands which will not degrade wetlands. Authorizes the Secretary of the Interior to enter into agreements with respect to the conservation of such lands. Requires the Secretary of the Interior to present annual Wetlands for Wildlife Awards to individuals who have made a substantial contribution to the conservation and wise stewardship of wetlands and riparian lands.
United States · United States Congress · 15 May 1991
Amends the Internal Revenue Code to allow farmers' cooperatives to elect to treat as ordinary income or loss certain capital gains and losses from the disposition of assets used in conducting business with or for patrons.
United States · United States Congress · 15 May 1991
Designates the week beginning July 21, 1991, as Korean War Veterans Remembrance Week. Requires the President to urge that the American flag be flown at half staff on July 27, 1991, in honor of those Americans who died as a result of their service in Korea.
United States · United States Congress · 14 May 1991
Farmer Retirement Security Act - Amends the Internal Revenue Code to exclude from gross income gain from the sale or exchange of qualified farm property to the extent that the proceeds are paid into an individual retirement account. Establishes limitations on such rollover amounts per individual and per family. Denies an itemized deduction for such rollover amounts and exempts such amounts from limitations on contributions to individual retirement accounts.
United States · United States Congress · 7 May 1991
Provides for the awarding of the Purple Heart to former prisoners of war held captive before April 25, 1962, on the same basis at it may be awarded former prisoners of war captured on or after such date.
United States · United States Congress · 2 May 1991
Amends Federal law relating to the Martin Luther King, Jr. Federal Holiday Commission to: (1) increase its membership from 23 to 30 and its staff membership from five to eight; (2) increase the potential salary of a staff member from a GS-13 to a GS-15; and (3) authorize appropriations for FY 1992 through 1993.
United States · United States Congress · 30 April 1991
Open Space Preservation Act of 1991 - Amends the Internal Revenue Code with respect to the estate tax to exclude from the gross estate the value of land subject to a qualified conservation easement. Defers the reduction in estate tax rates from 1993 until 1998.
United States · United States Congress · 24 April 1991
Designates September 20, 1991, as National POW/MIA recognition Day. Requires the display of the National League of Families POW/MIA flag: (1) at all national cemeteries and the National Vietnam Veterans Memorial on May 30, 1991 (Memorial Day), September 20, 1991 (National POW/MIA Recognition Day), and November 11, 1991 (Veteran's Day); and (2) on, or on the grounds of, the White House, and the buildings containing the primary offices of the Secretaries of State, Defense, and Veterans Affairs, and the Director of the Selective Service Commission on September 20, 1991 (National POW/MIA Recognition Day).
United States · United States Congress · 23 April 1991
Authorizes the Secretary of Veterans Affairs to reimburse a person for the cost of acquiring a non-Government headstone or grave marker for placement in a cemetery other than a national cemetery in connection with the burial of a veteran.
United States · United States Congress · 23 April 1991
Designates May 22, 1991, as National Desert Storm Reservists Day to commemorate the accomplishments of the men and women of the reserve components of the U.S. Armed Forces who proudly served the United States during Operation Desert Storm.
United States · United States Congress · 17 April 1991
Amends the Harmonized Tariff Schedule of the United States to suspend the duty on 3,5-Dimethyl-2-hydroxy-methyl-4 methoxypyridine (pyrmethyl alcohol) through December 31, 1994.
United States · United States Congress · 17 April 1991
Amends the Harmonized Tariff Schedule of the United States to suspend, through December 31, 1994, the duty on: (1) 1,1-Dimethyl-3-(aaa-trifluoro-m-tolyl) urea (also known as fluometuron); and (2) isocyanobenzotrifluoride (also known as IBTF).
United States · United States Congress · 17 April 1991
Amends the Harmonized Tariff Schedule of the United Statesto suspend, through December 31, 1994, the duty on 2-mercapto-5-methoxy benzimidazole (also known as metmercazole).
United States · United States Congress · 17 April 1991
Amends the Internal Revenue Code with respect to the tax-exempt status of a cooperative telephone company to provide for the tax treatment of income received from a nonmember telephone company for services by the cooperative which are indirectly paid for by members of the cooperative. Includes billing and collection services for a nonmember telephone company under such treatment.
United States · United States Congress · 17 April 1991
Amends the Internal Revenue Code to extend discharge of indebtedness provisions to loan cancellation programs of banks and institutions of higher education. Includes under such program loans made to students by institutions of higher education to repay other loans. Permits the institution to repay such other loans.
United States · United States Congress · 15 April 1991
Amends the Internal Revenue Code and title II of the Social Security Act (Old-Age, Survivors and Disability Insurance) with respect to the social security exemption for election officials and election workers employed by State and local governments to increase the allowed remuneration paid to such workers.
United States · United States Congress · 11 April 1991
Declares that the Congress acknowledges and appreciates the commitment, devotion, and sacrifices of present and former military families. Designates November 25, 1991, as National Military Families Recognition Day.
United States · United States Congress · 22 March 1991
Directs the American Battle Monuments Commission to establish a memorial on Federal land in the District of Columbia or its environs to honor World War II veterans and to commemorate U.S. participation in that conflict. Directs the Commission to plan, design, construct, and oversee the operation of the memorial. Specifies that such design shall provide for accessibility by, and accommodations for, the physically handicapped. Establishes the World War II Memorial Advisory Board to: (1) promote the establishment of the memorial and encourage the donation of private funds for construction and maintenance; (2) assist and cooperate with the Commission in the selection of the site and design for the memorial; and (3) transmit annual reports on its activities to the Congress. Authorizes the Commission to solicit private contributions for such memorial. Establishes a fund in the Treasury which shall be made available to the Commission to carry out this Act. Authorizes Federal funding, in addition to such private funds, for: (1) site preparation, design, planning, and associated administrative costs for establishment of the memorial; and (2) construction, maintenance, and operation of the memorial. Authorizes assistance from specified Federal departments and agencies, including the Library of Congress. Authorizes the transfer of Federal property to the Commission. Authorizes the Commission to purchase suitable property within the District of Columbia for the establishment of such memorial. Urges the Government to encourage 50th anniversary commemorations of the U.S. role in World War II. Urges the Smithsonian Institution and other Federal museums to develop commemorative exhibitions to be shared with academic institutions.
United States · United States Congress · 22 March 1991
World War II 50th Anniversary Commemorative Coin Act - Expresses the sense of the Congress that the United States should recognize the 50th anniversary of World War II by minting and issuing commemorative coins. Directs the Secretary of the Treasury to issue and mint such coins in five dollar, one dollar, and half dollar denominations. Mandates that surcharges received from the sale of such coins be deposited in a coinage profit fund and allocated, upon separate congressional authorization, to the American Battle Monuments Commission to establish a World War II memorial. Directs the Secretary to report semiannually to the Congress regarding implementation of this Act.
United States · United States Congress · 21 March 1991
Private Property Rights Act of 1991 - Prohibits any regulation issued by an executive agency from becoming effective until that agency is certified by the Attorney General as being in compliance with Executive Order 12630 or similar procedures to assess the potential for, and minimize, the taking of private property by regulatory activity. Limits judicial review of an action taken pursuant to this Act to the question of certification. Directs the Secretary of Agriculture to: (1) study the effect this Act will have on the farm economy and agricultural production; and (2) report to specified congressional comittees on necessary actions to limit that effect and on Department of Agriculture procedures to minimize the taking of private property in regulatory procedures.
United States · United States Congress · 21 March 1991
Church Retirement Benefits Simplification Act of 1991 - Amends the Internal Revenue Code to recodify and revise qualifications for church retirement and pension plans. Makes employee contributions to such plans nonforfeitable. Allows ten-year vesting with a nonforfeitable right to 100 percent of accrued benefits derived from employer contributions. Allows five-to-fifteen year vesting with a nonforfeitable right to a percentage (25% to 100%) of such accrued benefits. Requires the plan to meet minimum vesting requirements. Provides that no employee shall be considered an officer, shareholder, supervisor, or highly compensated employee if such employee receives less than $50,000 per year. Excludes from such consideration employees covered by a collective bargaining agreement if retirement benefits were a subject of good faith bargaining. Recodifies the authority of a church or a convention or association of churches to be treated as an employer making contributions to retirement income accounts. Subjects church-related hospitals and universities to certain coverage and related rules in the case of a contract purchased by a church. Requires distributions from retirement income accounts provided by churches to be in accordance with distributions under cash or deferred arrangements. Provides for determining the beginning date for such distributions. Allows self-employed ministers and chaplains who work for non-church employers to participate in their church plans. Provides that certain rules aggregating employees do not apply to churches. Restores qualified voluntary employee contributions to church plans. Treats self-employed ministers as employees for purposes of certain welfare benefit plans and retirement income accounts. Allows a deduction for contributions to retirement income accounts by such ministers. Provides that a church plan maintained by more than one employer shall not be treated as a single plan. Provides that accounting methods of deferred compensation plans of State and local governments and tax-exempt organizations do not apply to a church plan. Exempts a church plan from the requirement to maintain separate accounts for medical benefits for key employees. Provides that the special rules for computing employee contributions to pension plans do not apply to certain foreign missionaries. Repeals the elective deferral catch-up limitation for church retirement income accounts. Allows church plans to annuitize benefits and increase benefit payments. Provides that rules for self-insured medical reimbursement plans are not applicable to church plans.
United States · United States Congress · 21 March 1991
Drug Free Truck Stop Act of 1991 - Amends the Controlled Substances Act to impose mandatory minimum criminal penalties for the unlawful distribution or possession of controlled substances within 1,000 feet of a truck stop or safety rest area. Prohibits the suspension of a sentence, granting of probation, or eligibility for parole until the individual has served the minimum required sentence under the Federal criminal code for any person who violates this Act after a prior conviction under this Act has become final. Requires the U.S. Sentencing Commission to promulgate specified sentencing guidelines for violations of this Act. Bars multiple enhancements.
United States · United States Congress · 21 March 1991
Educational Equity Act of 1991 - Amends the Elementary and Secondary Education Act of 1965 to revise the formula for determining the amount of grants to States under the chapter 1 title I program for educationally disadvantaged children. Replaces the State per pupil expenditure with the national per pupil expenditure, in such formula.
United States · United States Congress · 21 March 1991
Amends the Internal Revenue Code with respect to the offset for rental real estate activities under passive activity rules to increase the low-income housing credit and the rehabilitation credit under such rules.
United States · United States Congress · 20 March 1991
Telecommunications Equipment Research and Manufacturing Competition Act of 1991 - Amends the Communications Act of 1934 to authorize any Bell Telephone Company (BTC), through an affiliate of such company, to manufacture and provide telecommunications equipment, except that no BTC may engage in such manufacturing with an unaffiliated BTC or affiliates thereof. Allows such manufacturing or provision to be conducted only through an affiliate that is separate from any BTC. Requires the Federal Communications Commission (FCC) to prescribe regulations to ensure that: (1) such manufacturing affiliate maintains separate accounts and records from its affiliated BTC which identify all financial transactions with the BTC; (2) neither a BTC nor any of its non-manufacturing affiliates carry out sales, advertising, installation, production, or maintenance operations for a manufacturing affiliate, except under specified conditions, such manufacturing affiliate conducts all of its manufacturing activity within the United States and uses component parts manufactured in the United States unless specified requirements regarding good faith efforts to obtain such component parts in the United States and domestic content are met; (3) such affiliate incurs debt entirely separate from and without recourse against the affiliated BTC; (4) such affiliate shall not be required to operate separately from any other affiliates of its BTC; (5) if an affiliate of a BTC becomes affiliated with a manufacturing entity, it shall be treated as a manufacturing affiliate of the BTC; (6) such affiliate shall make available any telecommunications equipment manufactured by such affiliate to any purchasing carrier, so long as each such purchaser does not manufacture such equipment or agrees to make available to the BTC or any of its affiliates any telecommunications equipment manufactured by such purchasing carrier or any of its affiliates for use with the public telecommunications network by such carrier or any of its affiliates; and (7) such affiliate shall not discontinue or restrict sales to other local exchange telephone companies of any telecommunications equipment until arrangements are made to provide to them the specifications, plans, and tools to allow them to arrange for the manufacture of such equipment by another entity. Directs the FCC to require that each BTC maintain and file with the FCC complete information with respect to the protocols and technical requirements for connections with and use of its telephone exchange service facilities. Prohibits a BTC from disclosing any such information to its affiliates unless such information is immediately so filed. Requires any two or more carriers providing regulated telephone exchange service in the same area to notify each other of the deployment of telecommunications equipment. Requires the FCC to ensure that manufacturers in competition with a BTC's manufacturing affiliate have access to information with respect to the protocols and technical requirements for connection with and use of its telephone exchange service facilities required for such competition that such BTC makes available to its affiliate. Requires the FCC to prescribe regulations to require any BTC which has a manufacturing affiliate to: (1) provide to other manufacturers of telecommunications equipment and customer premises equipment that is functionally equivalent to equipment manufactured by BTC affiliates opportunities to sell such equipment to such BTC which are comparable to opportunities the BTC provides to its affiliates; (2) not subsidize its manufacturing affiliate with revenues from its regulated telecommunications service; and (3) only acquire equipment from its manufacturing affiliate at the open market price. Allows a BTC and its affiliates to engage in close collaboration with any manufacturer of customer premises or telecommunications equipment during the design and development of hardware and software relating to such equipment.
United States · United States Congress · 20 March 1991
Authorizes the States to waive application of the Commercial Motor Vehicle Safety Act of 1986 to vehicles used either for transporting farm supplies from retail dealers to or from a farm, for custom harvesting, or in commercial feed yard operations, regardless of whether or not they are controlled or operated by a farmer.
![Official portrait of Rep. Hatcher, Charles [D-GA-2]](https://www.congress.gov/img/member/0861e564205e8cf32b17f8c206d3bc61_200.jpg)