United States · United States Congress · 7 November 1991
Enterprise Capital Formation Act of 1991 - Amends the Internal Revenue Code to allow a deduction for gain on investments in new small business stock (seed capital) held for at least five years. Establishes special rules for such investments. Provides for determining the maximum capital gains rate for small business net capital gain or seed capital gain. Treats capital gains on the sale of such stock as a preference item for purposes of the minimum tax.
United States · United States Congress · 7 November 1991
Amends rule X of the Rules of the House of Representatives to prohibit a Member from serving: (1) on any standing committee for more than 12 years; or (2) as chairman or ranking minority member of any standing committee for more than four years.
United States · United States Congress · 7 November 1991
Calls upon the President not to proceed toward the normalization of diplomatic and economic relations with the Socialist Republic of Vietnam until the Senate Select Committee on POW/MIA Affairs has reported its findings on the accounting of missing American servicemen in Southeast Asia.
United States · United States Congress · 29 October 1991
Federal Prison Industries Competition in Contracting Act - Amends the Federal criminal code to require that: (1) a decision by Federal Prison Industries (FPI) to produce a new prison-made product or to expand the production of an existing product be made by the Board of Directors of FPI (the Board) in conformance with the public notice and comment requirements of the Administrative Procedure Act; and (2) the corporation prepare and furnish to the Board a detailed analysis of the probable impact on industry and free labor of any proposal to authorize the production and sale of a new prison-made product or to expand production of a currently authorized product (such proposal). Requires such analysis to identify and consider factors including: (1) the number of vendors that currently meet Federal requirements for the specific product; (2) the proportion of the Federal market for the product currently furnished by small and disadvantaged businesses and businesses in labor surplus areas during the previous three fiscal years; (3) the share of the Federal market for the product projected for FPI for the fiscal year in which production will commence (or expand) and the subsequent three fiscal years; (4) whether the industry producing the product in the private sector has an unemployment rate higher than the national average, a rate of employment for production workers that has consistently shown an increase during the previous five years, or an import to domestic production ratio of 25 percent or greater; (5) whether the specific product is an import-sensitive product; (6) the projected growth in the Government for the specific product and the capability of such demand to sustain both FPI and private vendors; and (7) whether authorizing the production of the new product will provide inmates with the maximum opportunity to acquire knowledge and skill in trades and occupations that will provide them with a means of earning a livelihood upon release. Bars the Board from approving such proposal if the product is: (1) produced in the private sector by an industry which has reflected during the previous year an unemployment rate above the national average; or (2) an import-sensitive product. Directs the Board to: (1) give additional notice of such proposal in a publication designed to most effectively provide notice to private vendors and labor unions representing private sector workers who could reasonably be expected to be affected by approval of such proposal; (2) solicit comments on the analysis required under this Act from trade associations representing private sector workers who could reasonably be expected to be affected by its approval; (3) afford an opportunity, upon request, for a representative of private industry to present comments on such proposal directly to the Board. Requires the corporation to provide the Board with its recommendations regarding action on the proposal, taking into consideration the comments received. Requires: (1) the various Federal departments and agencies (agencies) to offer to purchase from FPI any product authorized to be offered for sale and listed in the UNICOR Schedule of Products (whenever it has a requirement for an FPI product); and (2) FPI to publish and periodically revise such Schedule. Sets forth provisions with respect to the solicitation of offers from FPI and contract awards to FPI on either a competitive or sole source basis. Prohibits the cancellation or withdrawal of a solicitation solely for the purpose of affording an agency buying activity the opportunity to enter into noncompetitive negotiation with FPI unless the Attorney General determines that FPI cannot reasonably expect to receive the contract award on a competitive basis and that such award is necessary to: (1) maintain work opportunities otherwise unavailable at the penal facility at which the contract is to be performed to prevent circumstances that could reasonably be expected to significantly endanger the safe and effective administration of such facility; or (2) permit diversification into the labor-intensive manufacture of a specific product that has been approved by the Board. Specifies that: (1) a timely offer received from FPI shall be considered eligible for award (even if the competition is restricted); and (2) FPI shall be required to perform its contractual obligations to the same extent as any other contractor. Repeals a provisions under which any dispute relating to the price, quality, character, or suitability of FPI products shall be arbitrated by a board consisting of the Comptroller General of the United States, the Administrator of General Services, and the President, or their representatives. Specifies that: (1) a decision by a contracting officer regarding the award of a contract to FPI or relating to the performance of such contract shall be final, unless reversed on appeal (but authorizes the Director of FPI to appeal to the head of a Federal agency an adverse determination made by a contracting officer, in which case the decision of such agency head shall be final); and (2) a dispute between FPI and a buying activity regarding contract performance shall be subject to final resolution by the board of contract appeals having jurisdiction over the buying activity's contract performance disputes under the Contract Disputes Act of 1978. Requires that the amendments made by this Act be implemented through modifications to the Federal Acquisition Regulation (FAR) within 180 days. Makes the FAR subject to provisions of the Office of Federal Procurement Policy Act (which assure publication in the Federal Register and the opportunity for public comment before the promulgation of a final regulation). Requires each Federal agency reporting to the Federal Procurement Data System through the General Services Administration to report all acquisitions from FPI. Amends the Federal criminal code to require the Board, in its annual report to the Congress, to include: (1) an analysis of the corporation's total sales for each specific product sold to Federal agencies, the total purchases by each agency of each specific product, the corporation's share of such total Government purchases by specific product, and the number and disposition of disputes submitted to agency heads; (2) an analysis of the inmate workforce, including the number of inmates employed, the number and percentage of employed inmates by the term of their incarceration, and the various hourly wages paid to inmates employed with respect to the production of the various specific products authorized for production and sale; and (3) data concerning employment obtained by former inmates upon release to determine whether the employment provided by FPI during incarceration provided such inmates with knowledge and skill in a trade or occupation that enabled such former inmate to earn a livelihood upon release. Directs that copies of such annual report be made available to the public at a price not to exceed the cost of printing. Authorizes the Department of Defense (DOD) to count toward the attainment of the goal set out in the National Defense Authorization Act for Fiscal Year 1987 for participation by small disadvantaged businesses, historically Black colleges and universities, and minority institutions in DOD contracting opportunities, the value of any purchase of supplies or services made by FPI from an entity described in such Act for the performance of a contract with DOD.
United States · United States Congress · 29 October 1991
1996 Atlanta Centennial Olympic Games Commemorative Coin Act - Provides for the minting and sale of commemorative gold and silver coins to support the 1996 Atlanta Centennial Olympic Games and the programs of the United States Olympic Committee.
United States · United States Congress · 24 October 1991
Authorizes the Air Force Association to establish a memorial on Federal land in the District of Columbia or its environs to honor the men and women who have served in the U.S. Air Force.
United States · United States Congress · 15 October 1991
Provides that the period for which expenses of the former Speakers of the House of Representatives may be paid shall end three years after the expiration date of such term of office, except that in the case of a former Speaker who is receiving such expenses on the date of the enactment of this Act, the period shall end three years after such date.
United States · United States Congress · 11 October 1991
Declares that Members of Congress are no longer exempted from Federal laws, including the: (1) Americans with Disabilities Act; (2) title VII of the 1964 Civil Rights Act; (3) Equal Opportunity Act; (4) Occupational Safety and Health Act; (5) Fair Labor Standards Act; and (6) Freedom of Information Act. Makes it illegal to furnish any Member of the Congress, at the expenses of the Federal Government, free or at reduced costs: (1) medicine; (2) hospital care; (3) ambulance services; (4) meals; (5) flowers or plants; (6) pictures or picture frames; (7) haircuts; or (8) other items, services, or privileges, except official office expenses such as supplies and stationery.
United States · United States Congress · 9 October 1991
Equal Surety Bond Opportunity Act - Prohibits any surety from discriminating against any applicant based upon specified factors. Establishes civil liability for violation of this Act, as well as administrative enforcement procedures.
United States · United States Congress · 9 October 1991
Small Business Access to Surety Bonding Survey Act of 1991 - Requires the Comptroller General to conduct a survey and report to specified congressional committees on the experiences of businesses, especially small businesses, in obtaining surety bonds from corporate surety firms.
United States · United States Congress · 8 October 1991
Medical Care Injury Compensation Reform Act of 1991 - Title I: Grants to States for Alternative Dispute Resolution Systems - Directs the Secretary of Health and Human Services to make grants to States for the implementation and evaluation of alternative dispute resolution (ADR) systems. Sets forth eligibility requirements for States seeking such grants. Directs the Secretary to award not less than ten such grants each fiscal year, with exceptions. Requires the Secretary to: (1) designate each State receiving such a grant as a model ADR State (making such State eligible for a two-year extension); and (2) disseminate information on the ADR systems implemented by such States to other States, health care professionals and providers, and other interested parties. Directs the Secretary to: (1) develop and promulgate standards and regulations necessary to carry out the grant program, including qualification standards that States must meet to receive grants and regulations establishing State data gathering requirements; (2) take into account, in developing qualification standards, specified factors such as the effectiveness of such systems in supporting access to health care, encouraging improvements in the quality of care, resolving claims promptly, and providing predictable outcomes; (3) provide States with technical assistance; and (4) report to the Congress, within four years of the first grant, describing and evaluating the ADR systems implemented. Title II: Uniform Standards for Malpractice Claims - Specifies that, with respect to any health care liability action brought in a Federal or State court and any medical malpractice claim or medical product liability claim subject to an ADR system: (1) no person may be required to pay more than $100,000 in a single payment in damages (whether for economic or non-economic losses) for expenses to be incurred in the future, but shall be permitted to make periodic payments (as determined by the court); (2) the total amount of damages that may be awarded to an individual and the family members of such individual for non-economic losses may not exceed $250,000; (3) the total amount of damages received by an individual shall be reduced by any other payment that has been or will be made to the individual to compensate such individual for the injury that was the subject of the action or claim; (4) a claimant's attorney's fees may not exceed 25 percent of the first $150,000 of any award or settlement, or 15 percent of any additional amounts, paid to the claimant; (5) the total amount of punitive damages that may be assessed may not exceed twice the total amount of the damages awarded to compensate the claimant for losses resulting from the injury; and (6) the liability of each defendant for non-economic losses shall be several only and not joint, and each defendant shall be liable only for the amount of non-economic losses allocated to the defendant in direct proportion to the defendant's percentage of responsibility. Establishes a two-year statute of limitations for medical malpractice and product liability claims, beginning on the earlier of the date on which the injury that is the subject of the action was discovered or the date it should reasonably have been discovered. Specifies that, in the case of a medical malpractice or product liability claim relating to services provided during labor or the delivery of a baby, if the claimant was not previously treated for the pregnancy by the defendant health care professional or provider a court may not find that the defendant committed malpractice and assess damages against the defendant unless the malpractice is proven by clear and convincing evidence. Bars a defendant from being found to have committed malpractice unless the defendant's conduct at the time of providing the health care services was not reasonable, except where the claimant asserts that the defendant is liable under a strict liability theory. Bars the award of punitive damages with respect to any medical product liability claim alleged against a medical product producer if the drug or device that is the subject of the claim: (1) was subject to approval or premarket approval under the Federal Food, Drug, and Cosmetic Act by the Food and Drug Administration (FDA) with respect to the safety or performance of the drug or device or the adequacy of the packaging or labeling; (2) was approved by FDA; or (3) is generally recognized as safe and effective pursuant to conditions established by FDA and applicable regulations. Makes an exception in the case of withheld information, misrepresentation, or illegal payment to an FDA official for purposes of securing approval of the drug or device. Provides for a separate proceeding to determine punitive damages. Sets forth provisions with respect to: (1) the admissibility of evidence; and (2) criteria for determining the amount of punitive damages. Provides that the U.S. district courts shall not have jurisdiction over health care liability actions based on Federal questions or based on specified provisions concerning commerce and antitrust regulations. Specifies that this title preempts State law only to the extent that State law: (1) permits the recovery by a claimant or the assessent against a defendant of a greater amount of damages; (2) permits the awarding of a greater amount of attorneys' fees; (3) establishes a longer period during which medical malpractice or product liability claims may be initiated; or (4) establishes a less strict standard of proof for determining whether a defendant has committed malpractice. Title III: Encouraging Establishment of Community and Migrant Health Center Risk Retention Group - Amends the Public Health Service Act to direct the Secretary to encourage the establishment of a nationwide risk retention group (RRG) for community and migrant health centers receiving assistance under such Act. Defines an RRG for purposes of this title as an entity defined in the Liability Risk Retention Act of 1986 that: (1) provides professional liability insurance and other types of profitable insurance approved for issuance by the Secretary to community and migrant health centers; (2) provides insurance that applies to all claims filed against a community or migrant health center after the entity initiates insurance coverage and to claims arising from acts that occurred prior to the initiation of coverage if the claims are not covered by other insurance; and (3) meets such other requirements as the Secretary may establish.
United States · United States Congress · 3 October 1991
Small Business Jobs and Tax Benefits Act of 1991 - Amends the Internal Revenue Code to extend for one year the following expiring provisions: (1) the credit for increasing research activities; (2) the targeted jobs credit; (3) the tax exclusion for employer-provided educational assistance; (4) the authority to issue qualified small issue bonds to finance manufacturing facilities and farm property; and (5) the itemized deduction for health insurance costs of self-employed individuals.
United States · United States Congress · 2 October 1991
Small Business Economic Opportunity Enhancement Act of 1991 - Amends the Small Business Act to establish a five-year microloan demonstration program to: (1) make direct loans to intermediaries (i.e. community development corporations) for short-term loans to eligible small businesses microenterprises; and (2) make grants to intermediaries for marketing, management, and technical assistance to small business borrowers. Amends the Social Security Act to include the microloan demonstration program within the services and activities provided under the JOBS program. Permits such microenterprises to participate in the Aid to Families with Dependent Children Program without adversely impacting upon their Federal benefits. Amends the Consolidated Farm and Rural Development Act and the Housing and Community Development Act of 1974 to include microenterprises within their purview of eligible participants. Expresses the sense of the Congress that a specified percentage of amounts appropriated under such Acts be reserved for microenterprise assistance. Amends the Job Training and Partnership Act to authorize training activities for microenterprises.
United States · United States Congress · 1 October 1991
Amends part A (Aid to Families with Dependent Children) (AFDC) of title IV of the Social Security Act to: (1) increase the exclusion limit on the net worth of a microenterprise for purposes of AFDC eligibility; (2) require that caseworkers advise AFDC recipients of the option to begin a microenterprise; (3) add definitions of "microenterprise" and "net profits" to the list of definitions under such part; (4) include microenterprise training and activities in the JOBS program; and (5) mandate adjustment of performance standards for microenterprises to take account of time required for their establishment. Requires a Health and Human Services study to identify administrative barriers to development of microenterprises among interested AFDC recipients.
United States · United States Congress · 1 October 1991
Cancer Screening Incentive Act of 1991 - Amends the Internal Revenue Code to allow a refundable tax credit for expenditures (not paid by insurance or otherwise) incurred by the taxpayer for qualified cancer screening tests.
United States · United States Congress · 26 September 1991
Amends the United States Housing Act of 1937 to permit a public housing agency (including Indian housing) to limit assisted housing occupancy to only elderly, disabled, or handicapped families.
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 · 23 September 1991
Amends the Higher Education Act of 1965 (HEA) with respect to the National Student Loan Data System (NSLDS), and other information on student assistance programs. Directs the Secretary of Education (the Secretary) by July 1, 1993, to: (1) revise NSLDS codes identifying institutions and students to make them consistent with those in each Department of Education database containing information on participation in Federal student assistance programs; and (2) modify NSLDS design or operation to ensure that data on any institution is readily accessible and can be used in a form compatible with the Integrated Postsecondary Education Data System (IPEDS). Directs the Secretary to integrate the NSLDS with the Pell Grant applicant and recipient databases as of January 1, 1994, and any other databases containing information on participation in Federal student assistance programs. Revises student assistance program participation agreement provisions to require the institution of higher education to: (1) complete surveys conducted as part of IPEDS or any other designated Federal postsecondary institution data collection effort; and (2) collect, and report annually to the Secretary, information on students participating in supplemental opportunity educational grants and work-study programs consistent with data collected by the Secretary on Pell grant applicants and recipients. Provides that nothing in such Act shall preclude the Secretary from verifying all applications for aid through the use of any means available, including through the exchange of information with any other Federal agency.
United States · United States Congress · 23 September 1991
Directs the Sergeant at Arms of the House of Representatives, after consultation with the Speaker of the House and the Comptroller General, to establish procedures to assure that check cashing at the Sergeant at Arms Bank is conducted in a manner consistent with standard banking practices. Requires such procedures to: (1) provide for overdraft protection, suspension or termination of check privileges, or other means of protection against returned checks; and (2) be strictly and uniformly applied to all users with public disclosure. Requires a report to the Speaker by January 3, 1992, on carrying out this Act.
United States · United States Congress · 23 September 1991
Commends the people of the Union of Soviet Socialist Republics and their democratically elected leaders for their continuing courage and commitment to freedom.
United States · United States Congress · 17 September 1991
Designates 1992 as the Year of the Gulf of Mexico. Directs all Federal and State agencies which have responsibility for matters affecting the Gulf to work to increase public awareness regarding the immeasurable value of this resource and current conditions which threaten its aesthetic and economic value.
United States · United States Congress · 16 September 1991
1992 White House Commemorative Coin Act - Directs the Secretary of the Treasury to issue one dollar silver coins emblematic of the White House. Mandates that the total surcharges received from the sale of such coins shall be promptly paid to the White House Endowment Fund to assist its efforts to raise an endowment as a permanent source of support for the White House Collection of fine art and historic furnishings, and for the maintenance of the historic public rooms of the White House.
United States · United States Congress · 12 September 1991
Drug Supply Reduction Act of 1991 - Title I: Interdiction Systems Improvements - Order To Land and To Bring To Act of 1991 - Amends the Federal criminal code to make it unlawful for a pilot or operator (pilot) of any aircraft which has crossed the border of the United States, or any aircraft subject to U.S. jurisdiction operating outside the United States, to refuse to obey the order of an authorized Federal law enforcement officer to land (in enforcing controlled substances or money laundering provisions). Directs the Secretaries of the Treasury and of Transportation to: (1) prescribe regulations governing the means by which an order to land may be communicated to a pilot by Federal law enforcement officers; and (2) delegate Federal law enforcement seizure and forfeiture responsibilities under this title to other law enforcement officers. Makes it unlawful for any master, operator, or person in charge (master) of a U.S. vessel or vessel under U.S. jurisdiction to fail to stop and land upon being ordered to do so by a Federal law enforcement officer authorized to issue such an order. Specifies that consent or waiver of objection by a foreign nation to the enforcement of U.S. law by the United States under this Act may be obtained by radio, telephone, or similar oral or electronic means and may be proved by certification of the Secretary of State or the Secretary's designee. Sets forth penalties for violation of this Act. Authorizes the seizure and forfeiture of any aircraft that is used in violation of this Act. Provides for the immediate revocation of the registration of an aircraft upon the failure of the operator to follow the order of a Federal law enforcement officer to land the aircraft. Directs the Administrator to: (1) notify the owner of the aircraft that such person no longer holds U.S. registration for such aircraft; and (2) establish procedures for the owner of the aircraft to show cause why the registration was not revoked as a matter of law by operation of such provision, or why circumstances existed pursuant to which the Administrator should determine that it would be in the public interest to issue a new certificate of registration to the owner, effective concurrent with the revocation. Authorizes the Coast Guard to issue orders, make inquiries, searches, seizures, and arrests, and take other lawful action relating to violations of U.S. laws occurring aboard any aircraft over the high seas or waters over which the U.S. has jurisdiction. Establishes a civil penalty of up to $5,000 for any master of a vessel or pilot or operator of an aircraft who intentionally fails to comply with an order of a Coast Guard commissioned officer, warrant officer, or petty officer to stop or land, as well as in rem liability with respect to the aircraft. Amends the Tariff Act of 1930 to establish analogous civil penalties with respect to intentional failures to obey an order to land. Title II: New Coast Guard Authorities - Coast Guard Assistance Act of 1991 - Authorizes the Coast Guard: (1) to exchange information with international organizations (currently limited to foreign governments); (2) to suggest to the Secretary of State international collaboration and conferences on all matters dealing with maritime law enforcement and maritime environmental protection (currently limited to safety of life and property at sea); and (3) when so requested by the Secretary, to utilize its personnel and facilities to assist any foreign government or international organization to perform any activity for which such personnel and facilities are especially qualified. Authorizes the President, upon application from foreign governments or international organizations (current law excludes the latter) to utilize officers and enlisted members (under current law, to detail members) of the Coast Guard to assist such governments or organizations in matters concerning which the Coast Guard may be of assistance. Amends the Mansfield Amendment to permit maritime law enforcement operations in archipelagic waters of foreign countries. Title III: Financial Enforcement - Financial Enforcement Act of 1991 - Prohibits structuring transactions to evade reporting requirements with respect to identification, verification, and recordkeeping required to purchase certain monetary instruments. Authorizes the Secretary of the Treasury to prescribe regulations requiring that financial institutions report suspicious transactions relevant to possible violation of law or regulation. Bars such an institution from notifying any person involved in the transaction that such transaction has been reported. Makes provisions of the Right to Financial Privacy Act of 1978 (RFPA) applicable with respect to protection from liability for notification by financial institutions to a Government authority of the existence of information in records relevant to a possible violation of statute or regulations. Authorizes the Secretary to prescribe: (1) regulations requiring financial institutions to have anti-money laundering programs; and (2) minimum standards for such programs. Bars any financial institution, or officer, director, employee, or agent of such institution (financial institution), from disclosing the existence or terms of an order requiring a domestic financial institution or group of institutions in a geographic area to report with respect to records of domestic coin and currency transactions. Amends the RFPA to: (1) shield from liability financial institutions for refusal to do business with any person before or after disclosure of a possible violation of law or regulation to a Government authority; and (2) authorize the transfer of financial records originally obtained by an agency in accordance with such Act to the Secretary for analysis and use by the Financial Crimes Enforcement Network for criminal law enforcement purposes without customer notice. Amends the Controlled Substances Act (CSA) to transfer control of the Drug Pollution Fund from the Secretary of the Treasury to the Secretary of Agriculture. Title IV: Drug Testing - Amends the Federal criminal code to require: (1) the Director of the Administrative Office of U.S. Courts to establish a program of drug testing of Federal offenders on postconviction release, including such standards and guidelines as deemed necessary to ensure the reliability and accuracy of such programs; and (2) the chief probation officer, in each district where it is feasible, to arrange for the drug testing of defendants on postconviction release pursuant to a conviction for a felony or other specified offenses. Requires the court to provide, as an explicit condition of a sentence of probation for a felony, an offense involving a firearm, a drug or narcotic offense, or a crime of violence, that the defendant refrain from any unlawful use of a controlled substance and submit to periodic drug tests. Specifies that: (1) this latter condition may be suspended or ameliorated upon request of the Director or the Director's designee; and (2) a defendant who tests positive may be detained pending verification of a drug test result. Sets forth similar requirements with respect to the supervised release and parole of persons convicted of such offenses. Provides for the revocation of probation, supervised release, and parole for unlawfully using a controlled substance or refusing to cooperate in drug testing. Amends the Omnibus Crime Control and Safe Streets Act of 1968 (Omnibus Act) to condition eligibility for drug control and system improvement grants on a State's implementation of a drug testing program for targeted classes of persons subject to charges, confinement, or supervision by the State (but does not require the State to expend an amount for drug testing in excess of ten percent of the minimum amount which such State is eligible to receive under such Act). Directs the Attorney General to promulgate regulations to implement such provision and to ensure the reliability and accuracy of drug testing programs. Title V: Other Law Enforcement System Improvements - Drug Law Enforcement System Improvements Act of 1991 - Provides for enhanced penalties for drug trafficking in prisons. Amends the Anti-Smuggling Act of 1935 to provide that prima facie evidence that a vessel, vehicle, or other conveyance is being, has been, or is attempted to be employed in smuggling or to defraud the revenue of the United States shall be the fact that a vessel fails to display lights under specified circumstances and, in the case of a vehicle or other conveyance, that it has a compartment or equipment that is built or fitted for smuggling and is not part of the normal vehicle configuration. Amends the Tariff Act of 1930 to make the penalty for failure to declare a controlled substance 1,000 percent of the value of the article (as under current law) or $500, whichever is greater. Amends the Anti-Drug Abuse Act to make amendments with respect to certain Internal Revenue Service undercover operations effective upon the date of the enactment of this Act. Amends the CSA to authorize the Attorney General to bring a civil action against any person who violates drug paraphernalia provisions of such Act and to assess a civil penalty of up to $100,000 and grant other appropriate (including injunctive) relief. Specifies that if a defendant is found by the court to be in possession of a controlled substance, thereby violating such defendant's probation, the court shall resentence such person to a sentence that includes a term of imprisonment (under current law, to not less than one-third of the original sentence). Amends the Controlled Substances Import and Export Act (CSIEA): (1) and the CSA to make penalties applicable to offenses involving less than 50 kilograms of marihuana applicable with respect to less than 50 kilograms of a mixture or substance containing a detectable amount of marihuana; and (2) to reduce from 100 to 50 the number of marihuana plants needed to qualify for specified penalties. Adds drug conspiracies and attempts and serious crack possession offenses by juveniles as warranting adult prosecution. Makes serious drug offenses by juveniles predicates to punishment under the Armed Career Criminal Act. Adds certain drug offenses as requiring fingerprinting and records for recidivist juveniles under the CSA and CSIEA. Amends the CSA and CSIEA to require that persons violating specified CSA provisions after two or more prior convictions for a felony drug offense have become final be sentenced to a mandatory term of life imprisonment without release and be fined under such Act. Increases penalties for a second offense of distributing drugs to a minor. Amends the Omnibus Act to authorize States to request a waiver of the four-year limitation for effective Bureau of Justice Assistance projects, subject to specified limitations.
United States · United States Congress · 11 September 1991
Disaster Victim Assistance Act of 1991 - Amends the Small Business Act to make disaster loan repayment collections credited to a liquidating account available to assist disaster victims beyond October 1, 1991.
United States · United States Congress · 11 September 1991
Commends the people of the Union of Soviet Socialist Republics and their democratically elected leaders for their continuing courage and commitment to freedom.
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
Food Quality Protection Act of 1991 - Title I: Cancellation and Suspension - Amends provisions of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) relating to cancellation and changes in classification or other terms or conditions of registration with respect to the authority of the Administrator of the Environmental Protection Agency. Requires that a rulemaking under such provisions be based on a validated test or other significant evidence raising prudent concerns of unreasonable adverse effects to man or to the environment. Sets forth procedural requirements for such a rulemaking. Provides for amendment of a rule and for judicial review. Allows the Administrator, in the case of a suspension, to waive certain requirements. Allows the Administrator to elect to proceed with a special review proceeding or a public interim administrative review proceeding, if published before a specified date, under the law in effect before enactment of this Act. Requires the Administrator to reassess each tolerance and exemption from the requirement for a tolerance at certain times in connection with reregistration of pesticides. Establishes the Science Review Board to assist the Scientific Advisory Panel in reviews conducted by the Panel. Revises procedures applicable after denial of an application for registration. Allows the Administrator to deny an application for registration because it does not comply with the requirements of a rule issued under provisions of this Act. Repeals provisions regulating the authority of the Administrator to initiate a public interim administrative review process. Declares a decision made after a hearing in certain circumstances during phase three of reregistration to be final. Amends provisions regulating: (1) review by district courts of suspension of registrations; and (2) public hearings. Title II: Data Collection - Directs the Secretary of Agriculture to collect pesticide use data of Statewide or regional significance for all the major crops and crops of dietary significance. Mandates research, development, and dissemination of integrated pest management techniques and other pest control methods that enable producers to reduce or eliminate application of pesticides which pose a greater than negligible dietary risk to humans. Title III: Amendments to the Federal Food, Drug, and Cosmetic Act - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to define, subject to exception, "pesticide chemical" as it is defined in the FIFRA. Adds to the list of prohibited acts under the FDCA violation of provisions relating to confidentiality of data, as amended by this Act. Deems a food adulterated if it bears or contains: (1) a pesticide chemical residue that is unsafe; or (2) a new animal drug, or conversion product thereof, that is unsafe. Sets forth requirements relating to tolerances and exemptions from the requirement of a tolerance for pesticide chemical residues in food, including residues of degradation products. Prohibits establishment of a tolerance higher than a level the Administrator of the Environmental Protection Agency determines is adequate to protect the public health. Sets forth the factors the Administrator must consider. Allows a greater than negligible dietary risk if: (1) use protects from greater adverse health effects to humans or the environment; (2) use avoids greater risks from another pesticide; or (3) the unavailability of the pesticide would reduce the availability of an adequate, wholesome, and economical domestic supply of the food, and the adverse effects from the reduction would outweigh the risk posed by the residue. Allows the Administrator to issue an exemption from the requirement for a tolerance only if the Administrator determines that a tolerance is not needed to protect the public health, in view of the levels of dietary exposure that could reasonably be expected to occur. Sets forth the factors the Administrator must consider. Sets forth procedures and requirements in connection with: (1) petitions for tolerances or exemptions; (2) certain actions authorized on the Administrator's own initiative; (3) the required submission of additional data to support the continuation of a tolerance or exemption; and (4) confidentiality of data submitted to the Administrator. Provides for continuation of previously issued regulations. Sets forth transitional provisions. Prohibits a final rule that revokes, modifies, or suspends a tolerance or exemption until the Administrator has taken any necessary action under the FIFRA with respect to the registration of the pesticide involved. Requires the Administrator, if the Administrator takes certain actions with respect to the registration of a pesticide, to revoke any tolerance or exemption that allows the presence of the chemical or chemical residue. Requires the suspension of any tolerance or exemption upon the suspension of the use of an associated registered pesticide. Provides for: (1) tolerances for unavoidable residues in the case of a residue of a canceled or suspended pesticide chemical that will unavoidably persist in the environment and thereby be present in or on a food; and (2) residues resulting from an application which was lawful at the time of the application. Directs the Administrator to require the payment of fees sufficient for the Administrator's functions under these provisions. Prohibits, subject to exception, a State from establishing or enforcing any limit on a qualifying pesticide chemical residue in or on any food which is not identical to Federal requirements. Prohibits a State from enforcing a residue limit which was lawful at the time of application. Authorizes appropriations for increased monitoring by the Secretary of Health and Human Services of pesticide residues in imported and domestic food.
United States · United States Congress · 2 August 1991
Semiconductor Investment Act of 1991 - Amends the Internal Revenue Code to classify the depreciable life for semiconductor manufacturing equipment as three-year property.
United States · United States Congress · 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
Marine Mammal Public Display Reform Act of 1991 - Amends the Marine Mammal Protection Act of 1972 to prohibit issuance of a permit for the taking of any marine mammal in the waters of a State for public display if: (1) issuance of the permit would be inconsistent with State law; and (2) the Governor of such State submits to the Secretary of the department in which the National Oceanic and Atmospheric Administration is operating and the Secretary of the Interior notice of disapproval of the issuance of such permit.
United States · United States Congress · 31 July 1991
Tax Fairness and Accountability Act of 1991 - Amends the Congressional Budget Act of 1974 to require any legislation that increases the tax rate, the tax base, or the amount of income subject to tax, or decreases a deduction, exclusion, or credit to be approved in the House of Representatives and the Senate by an affirmative vote of three-fifths of its Members.
United States · United States Congress · 31 July 1991
All-Americans Savings and Investment Incentive Act of 1991 - Amends the Internal Revenue Code to provide individuals a deduction for capital gains based on the period the asset is held (up to three years). Excludes collectibles from such assets. Makes such deduction an item of tax preferences. Excludes from gross income interest received during a taxable year up to $350 ($700 in the case of a joint return). Provides a phaseout of such exclusion for incomes over $50,000. Makes such exclusion applicable to distributions from regulated investment companies and real estate investment trusts. Makes certain nonresident aliens ineligible for such exclusion.
United States · United States Congress · 31 July 1991
Establishes a Joint Committee on the Organization of the Congress to: (1) make a full and complete study of the organization and operation of the Congress; and (2) recommend improvements in such organization and operation with a view toward strengthening its effectiveness, simplifying its operations, improving its relationships with other branches of the Government, and improving the orderly consideration of legislation. Requires a report to the Senate and the House of Representatives not later than the adjournment sine die of the 102d Congress.
United States · United States Congress · 29 July 1991
Medicare Physician Payment Reform Amendments of 1991 - Amends title XVIII (Medicare) of the Social Security Act to revise the transition rules for phasing in the resource-based relative value scale (RB RVS) method of payment for physician services to prohibit adjustments for asymmetry in the transition and for behavioral responses. Declares spending under this Act to be an emergency requirement under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) and exempt from sequestration.
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 · 18 July 1991
Amends the Higher Education Act of 1965 to direct the Secretary of Education to study and evaluate, through the Office of Educational Research and Improvement, the effectiveness of various programs that guarantee disadvantaged children the financial resources needed to pursue a postsecondary education in exchange for the child's commitment to achieving a satisfactory elementary and secondary education. Requires dissemination of such study findings through appropriate agencies and organizations, including business associations. Requires an interim and a final report to specified congressional committees. Authorizes appropriations.
United States · United States Congress · 15 July 1991
Prohibits the Secretary of Veterans Affairs from making any payment for covered drugs and biologicals unless the price charged by the manufacturer is determined in accordance with an agreement between the Secretary and the manufacturer pursuant to the Social Security Act, under which the price charged cannot exceed the price charged as of September 1, 1990, increased by the sum of the covered drug updates. States that such pricing agreement shall apply to any drug or biological product procured by the Department of Veterans Affairs that is: (1) purchased under a depot contracting system; or (2) listed under the Federal Supply Schedule of the General Services Administration on or after January 1, 1990. Amends the Social Security Act to exclude the prices for prescription drugs procured by the Federal Government from the calculation of best price procurement for purposes of application of Medicaid rebate agreements. Directs the Secretary to conduct a study of, and report to the Senate and House Veterans' Affairs Commitees on, the costs and availability of drugs and biological products for programs of the Department as they relate to exemptions and limitations under this Act.
United States · United States Congress · 11 July 1991
Access to Life-Saving Therapies Act - Amends the Federal Food, Drug, and Cosmetic Act to direct the Secretary of Health and Human Services, through the Food and Drug Administration, to approve, at the request of the sponsor and on an expedited basis, a drug or biologic needed to treat or prevent a life threatening disease or seriously debilitating illness if the drug or biologic meets certain conditions, including some indications of effectiveness and safety and a lack of alternative satisfactory therapy. Deems an application under the amendments made by this Act approved unless other action is taken within 120 days. Prohibits any health insurance policy or plan from distinguishing, for the purpose of determining whether a drug is eligible for coverage or reimbursement, between a drug approved under the amendments made by this Act and one approved under specified other provisions of the Public Health Service Act. Mandates suspension of approval under the amendments made by this Act if at least two subsequent studies fail to confirm the initial safety and efficacy conclusions. Requires written informed consent for administration of a drug approved under amendments made by this Act.
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 · 27 June 1991
Expresses the sense of the Congress that: (1) the Republic of Hungary has successfully made a peaceful transition from socialist dictatorship to Western democracy; (2) all political parties in the Hungarian Parliament are dedicated to the principles of human rights and free markets and the Hungarian Government fully desires to integrate the country into the free world of nations; and (3) Hungary has renounced the hostile and confrontational military posture of the now-defunct Warsaw Pact. Declares that, upon the final withdrawal of Soviet troops from Hungarian territory (scheduled for June 1991), Hungary will have regained its freedom from Soviet influence and should no longer be considered a socialist, one-party state, but a representative democracy.
![Official portrait of Rep. Ireland, Andrew P. [R-FL-10]](https://www.congress.gov/img/member/i000029_200.jpg)