United States · United States Congress · 7 February 1992
Truth in Budgeting Act of 1992 - Amends the Congressional Budget and Impoundment Control Act of 1974 to provide for the treatment of intragovernmental transactions involving certain trust funds, including various social security, railroad, and Federal retirement funds. Requires revenues that are dedicated by law to a particular trust fund to be offset against total budget authority and outlays of that trust fund. Requires interest paid by the Government to a trust fund on its investments in Government securities or guaranteed securities to be offset against the budget authority and outlays of the trust fund receiving the payment. Requires a Federal entity's payments as an employer into a trust fund to be offset against the budget authority and outlays of the trust fund receiving the payment.
United States · United States Congress · 7 February 1992
Declares that it is the sense of the House of Representatives that: (1) breast cancer should be declared a public health emergency under specified provisions of the Public Health Service Act to accelerate investigation into the cause, treatment, and prevention of the cause; and (2) activities initiated under the emergency should not supplant major research projects on breast cancer.
United States · United States Congress · 5 February 1992
DES Education and Research Amendments of 1992 - Amends the Public Health Service Act to establish a program for the conduct and support of research and training, the dissemination of health information, and other measures with respect to the diagnosis and treatment of conditions associated with exposure to the drug diethylstilbestrol (DES). Mandates: (1) programs to educate health professionals and the public; and (2) longitudinal studies. Authorizes appropriations.
United States · United States Congress · 5 February 1992
Anti-Recession Infrastructure Jobs Act of 1992 - Authorizes the Secretary of Commerce, acting through the Economic Development Administration, to make grants to State and local governments for infrastructure projects in distressed areas. Provides for direct grants for construction and improvement and for completion of planning. Provides for supplemental grants for other Federal grant programs and for State and local programs. Prohibits the use of grants to acquire real property or to cover maintenance costs. Requires assurance that on-site labor can begin within 90 days of project approval. Requires: (1) contracting out construction or improvement work on grant projects; (2) competitive bidding; (3) acceptance of the lowest responsive bid; (4) advertised specifications covering all requirements or obligations preceding contract award; (5) Buy American conditions; (6) minority participation; and (7) applicability of specified Federal laws regarding individuals with disabilities. Directs the Secretary, in carrying out this Act, to prescribe rules, regulations, and procedures that assure adequate consideration is given to the relative needs of various sections of the country, including consideration of these factors in proposed project areas: (1) severity and duration of unemployment; (2) income levels and extent of underemployment; (3) extent of proposed project contribution to reducing unemployment; and (4) amount of unemployment or underemployment in the construction and construction-related industries. Requires a final determination on each grant application within 60 days after the Secretary receives it (or else the grant will be deemed approved). Sets forth formulas for allocation of funds. Sets aside two and one-half percent for Indian tribes and Alaska Native villages. Sets minimum and maximum allocation limits for any one State and for specified U.S. territories. Requires the Secretary, in making such grants, to give priority and preference to public works: (1) projects of local governments; (2) projects requested by a State or special purpose unit of local government and endorsed by a general purpose local government; and (3) projects requested by school districts. Requires the Secretary, if the average national unemployment rate is six percent or above for the most recent 12 consecutive months, to: (1) expedite and give priority to applications from State or local governments with rates for that period above the national rate; and (2) give priority thereafter to those from any State or local governments having rates for that period above six percent but below the national rate. Requires State and local prioritization of applications. Requires (if the applicant so requests) that the local government's unemployment rate be based on the rate of any community or neighborhood within such local government's jurisdiction. Authorizes appropriations.
United States · United States Congress · 22 January 1992
Title I: Short Title, Findings, and Definitions - Trade Enhancement Act of 1992 - Sets forth congressional findings and purposes with respect to access to Japanese markets by U.S. manufacturers of motor vehicles and motor vehicle parts. Title II: Merchandise Trade Deficit Reduction - Sets forth annual merchandise trade deficit reduction targets with respect to Japan's trade deficit with the United States. Requires the Secretary of Commerce (Secretary) to compute annually whether the target has been met for each year, and if it has not, to publish in the Federal Register the import and production restriction implementation period for such year. Authorizes the Secretary to impose temporary quantitative import restrictions on Japanese or Japanese-related motor vehicles (foreign motor vehicles) entered during the first three months of the calendar year following the year for which such computation is made. Requires the Secretary to submit a report to the Congress. Expresses the sense of the Congress that representatives of the United States and Japan should continue discussions regarding measures, to be selected by the Japanese Government, to achieve the merchandise trade deficit reduction targets. Urges the United States Trade Representative (USTR) during such discussions to address market access priorities for U.S. exports to Japan. Title III: Import and Production Restrictions to Be Implemented If Trade Deficit Reduction Target Not Met - Directs the Secretary to compute for calendar years 1993 through 1999 quantitative import restrictions on foreign motor vehicles and domestic motor vehicle production restrictions for transplanted Japanese-related auto manufacturers, except such computations are not required for calendar years 1997 through 1999 if trade deficit reduction targets for calendar years 1992 through 1996 are met. Sets forth civil penalties. Requires each person that has one or more motor vehicle or motor vehicle parts manufacturing facilities within the United States to certify to the Secretary whether it is a domestic vehicle or parts manufacturer or a transplanted Japanese-related vehicle manufacturer. Sets forth provisions with respect to: (1) the Secretary's authority to obtain information and data; and (2) enforcement of this Act. Sets forth civil penalties. Sets forth provisions with respect to the enforcement and judicial review of such penalties. Requires the Secretary to report annually to the Congress on implementation of this Act. Title IV: Negotiations and Other Actions - Requires the USTR to enter into negotiations with Japan to enter into a bilateral agreement that: (1) provides a phased-in increase in the use by transplanted motor vehicle manufacturers of domestically-produced motor vehicle parts to the point where such parts constitute 60 percent or more of the total parts used in the production of such vehicles; and (2) eliminate those aspects of the Japanese automotive distribution system that affect the access of domestically-produced motor vehicle parts to Japanese markets. Directs the USTR to enter into negotiations with representatives of the European Community, Japan, and the governments of other major vehicle-producing countries to enter into multilateral agreements that rationalize world-wide market access and production of motor vehicles and motor vehicle parts. Considers acts, practices, and policies of Japan (including, but not limited to, acts, policies, and practices utilized in the Japanese automotive distribution system known as "Keiretsu") that affect the access of manufacturers of domestic motor vehicle parts to the Japanese market as being unjustifiable and burdensome or restrictive to U.S. commerce, according to the Trade Act of 1974. Adds to response authority under such Act authority to increase the percentage of domestically-produced motor vehicle parts used in the production of motor vehicles for purposes of the qualification of Japanese manufacturers as domestic vehicle manufacturers. Specifies certain objectives to be included in negotiations with Japan if the USTR decides to take action with respect to such practices. Requires the USTR to make certain estimates with respect to the percentage of the Japanese market that is accounted for by domestic motor vehicle parts manufacturers. Directs the Secretary to commence an antidumping duty investigation under the Tariff Act of 1930 to determine whether imports or sales (or the likelihood of sales) of Japanese motor vehicle parts to the United States warrant the imposition of antidumping duties. Requires the Secretary of the Treasury to study and report to the Congress on the extent to which: (1) "Keiretsu" operations in the United States are in compliance with the internal revenue laws, particularly those relating to transfer pricing; and (2) the Internal Revenue Service is auditing such operations. Amends the Harmonized Tariff Schedule of the United States to classify for the purposes of tariff treatment certain light trucks as motor vehicles for the transport of goods.
United States · United States Congress · 3 January 1992
Amends the Railroad Retirement Solvency Act of 1983 to make permanent the transfer to the Railroad Retirement Account of income tax revenues attributable to the taxation of tier II railroad retirement benefits.
United States · United States Congress · 3 January 1992
Emergency Community Development Act of 1991 - Title I: Temporary Assistance for Community Development Activities - Authorizes the Secretary of Housing and Urban Development to make grants to States, local governments, and Indian tribes for community development assistance. Authorizes appropriations. Title II: Housing Programs - Authorizes funds, in addition to other specified authorizations, for: (1) public housing vacancy reduction; (2) the National Homeownership Trust; and (3) the Flexible Subsidy Fund. Title III: Single Family Mortgage Insurance - Amends the National Housing Act with regard to single family mortgage insurance to prohibit a limitation on financed closing costs. Directs the Secretary to establish single premium payments for refinanced mortgages. Title IV: Rural Housing - Authorizes and increases funding for: (1) insured or guaranteed rural housing loans; (2) supplemental grants for remote rural housing; (3) housing improvement loans; (4) rural housing loans for elderly, handicapped, or low-income persons; (5) housing for rural homeless and migrant farmworkers; and (6) rental assistance payment contracts. Title V: Homeless Assistance - Authorizes and increases funding for: (1) Federal Emergency Management Agency emergency food and shelter grants; (2) emergency shelter grants; (3) the supportive housing demonstration program; (4) supplemental assistance for facilities to assist the homeless; and (5) section 8 assistance for single room occupancy dwellings. Title VI: Department of Housing and Urban Development Administration - Exempts multifamily project assistance from certain certification of limitation provisions under specified circumstances. Authorizes appropriations for multifamily housing mortgage insurance regional, field, or zone staff. Title VII: Financial Institutions Housing Provisions - Authorizes appropriations for the Federal Home Loan Banks' affordable housing program.
United States · United States Congress · 26 November 1991
Medicaid Prostate Screening Act of 1991 - Amends title XIX (Medicaid) of the Social Security Act to mandate coverage of prostate cancer screening tests under State Medicaid plans.
United States · United States Congress · 26 November 1991
Medicare Prostate Screening Act of 1991 - Amends title XVIII (Medicare) of the Social Security Act to provide coverage of prostate cancer screening tests under the Medicare program.
United States · United States Congress · 26 November 1991
Save, America Passbook Savings Act of 1991 - Amends the Internal Revenue Code to exclude from gross income interest earned ($5,000 individual, $10,000 joint return) on certain passbook savings accounts in federally insured institutions.
United States · United States Congress · 26 November 1991
Equal Remedies Act of 1991 - Amends Federal law relating to damages in cases of intentional employment discrimination to remove provisions limiting the dollar amount of damages awarded for pecuniary and nonpecuniary losses and punitive damages.
United States · United States Congress · 26 November 1991
Expresses the sense of the Congress that the changes made to the Federal single family housing mortgage insurance program should be reexamined to determine their effects upon housing affordability, the Mutual Mortgage Insurance Fund, and the Federal Housing Administration loan portfolio.
United States · United States Congress · 22 November 1991
Commends: (1) the people of Guam for their patriotism, bravery, loyalty to the United States, and many sacrifices during World War II, particularly during the invasion and occupation of the Guam territory; (2) the members of the Navy Insular Force and U.S. Navy and Marine Corps for the efforts and sacrifices they made in defense of the U.S.; (3) the Hawaiians for their sacrifices and contributions to the U.S. war effort during the attack on Pearl Harbor on December 7, 1941; and (4) the Hawaii Territorial Guard members, Varsity Victory Volunteers, the civilian workers at the Pearl Harbor Naval Ship Yard and other Hawaiian military installations, 100th Infantry Battalion, Military Intelligence Service, and 442nd Regimental Combat Team for their sacrifices and contributions to the U.S. war effort during such attack.
United States · United States Congress · 22 November 1991
Urges the President to renew the voluntary restraint agreements with Taiwan and Japan for an additional five years in order to protect national security and ensure U.S. industrial competitiveness.
United States · United States Congress · 21 November 1991
Calls upon the President, as part of the Uruguay Round General Agreement on Tariffs and Trade (GATT) talks, to initiate negotiations to make GATT compatible with the Marine Mammal Protection Act and other U.S. health, safety, labor, and environmental laws, including laws to protect the environment outside of the United States. Declares that the Congress will not approve legislation to implement any trade agreement (including the Uruguay Round of the GATT and the U.S.-Mexico Free Trade Agreement) that jeopardizes such laws, including the Federal Food, Drug, and Cosmetic Act and the Clean Air Act.
United States · United States Congress · 18 November 1991
Expresses the sense of the House of Representatives that: (1) there is a need for the development of a comprehensive, coordinated strategy to encourage investment in human and material resources, to harness our inventive genius to the marketplace, to secure the education and training of a competitive citizenry and workforce, and to stimulate cooperative efforts between the private and public sectors at all levels of business, education, and government; and (2) such a strategy will help the United States achieve its goal of being the strongest Nation on Earth economically and militarily, so that it remains the greatest Nation in support of human dignity, freedom, and democratic ideals.
United States · United States Congress · 14 November 1991
Breast Implant Surgery Informed Consent Act - Mandates that any State receiving funds under titles V (Maternal and Child Health Services Block Grant) or XIX (Medicaid) of the Social Security Act or title XIX (Block Grants) of the Public Health Service Act require by law that any physician or surgeon inform each patient for whom the physician or surgeon intends to perform breast implant surgery of the risks associated with and the potential complications arising from the surgery.
United States · United States Congress · 13 November 1991
Repeals specified provisions of the Legislative Branch Appropriations Act, 1970 that require the transfer of net profits from the House Beauty Shop revolving fund to the Treasury.
United States · United States Congress · 13 November 1991
Amends Federal law to change the composition of the Capitol Police Board. Directs the Speaker of the House of Representatives and the President pro tempore of the Senate to alternate, by session of Congress, as chairman of the Board.
United States · United States Congress · 12 November 1991
House of Representatives Campaign Spending Limit and Election Reform Act of 1991 - Title I: Expenditure Limitations, Contribution Limitations, Matching Funds, and Reduced Third-Class Mail Rate for Eligible House of Representatives Candidates - Amends the Federal Election Campaign Act of 1971 to set forth limitations regarding House of Representatives election expenditures, contributions, and matching funds. Limits aggregate contributions received and expenditures made by an eligible House of Representatives candidate in an election cycle to $600,000, with specified additional limitations in general, special, and runoff elections. Establishes the Make Democracy Work Fund (the Fund) for payment of funds and initial expenditures incurred by the Federal Election Commission (FEC) in the administration of this Act. Outlines FEC examination, audit, and repayment procedures to determine candidate compliance with this Act. Subjects FEC actions to judicial review. Directs the FEC to report to the House of Representatives regarding: (1) candidate expenditures made and balances remaining in the Fund after each election; and (2) a detailed explanation and justification of rules, regulations, and forms it has issued under this Act. Precludes a House of Representatives candidate from receiving funds from the Make Democracy Work Fund without prior certification that any television commercial was prepared or distributed by the candidate in a manner that readily permits closed captioning of the commercial's oral content by way of specified broadcast technology. Amends Federal Postal Service law to provide reduced third-class mailing rates to eligible House of Representatives candidates during a general election period. Title II: Limitations on Political Committee and Large Donor Contributions That May Be Accepted By House of Representatives Candidates; Miscellaneous Provisions Relating To Contributions Under The Federal Election Campaign Act of 1971 - Sets forth limitations on political committee and large donor contributions (and contributions by dependents not of voting age) that may be accepted by House of Representatives candidates. Mandates that contributions to candidates from State and local political party committees be aggregated. Increases the amount that multicandidate political committees may contribute to national political party committees. Deems corporate or labor union expenditures for candidate appearances, debates, or voter guides to be contributions if the corporate or labor organization expressly advocates the election or defeat of a candidate or favors one candidate over another. Title III: Requirement of Budget Neutrality - Provides that the net costs of providing certain benefits under this Act must be fully offset by specified measures that either raise revenues or reduce spending by a specified deadline (thus achieving budget neutrality). Title IV: Independent Expenditures - Modifies definitions relating to independent expenditures. Sets forth reporting requirements for certain independent expenditures. Title V: Bundling and Soft Money - Prohibits any person from acting as conduit or intermediary for any contribution to any candidate, except in specified circumstances. States that such persons are likewise prohibited from conducting or participating in joint fundraising activities with or on behalf of any candidate. Sets forth limitations upon the combined political activities of political committees of political parties. Prohibits incumbents and candidates for Federal office from soliciting contributions to certain organizations substantially engaged in voter registration or get-out-the-vote campaigns. Mandates that political committees established and maintained by a national political party shall report all receipts and disbursements during the reporting period, whether or not in connection with an election for Federal office. Title VI: Prohibitions Relating to Political Committees and Foreign Nationals - Prohibits a candidate for Federal office from establishing, maintaining, or controlling any political committee other than a principal campaign committee, or certain authorized committees (thereby prohibiting the use of leadership committees). Allows such leadership committees to continue making contributions until one year after January 1, 1993, after which time all funds must be disbursed in one or more specified manners. Prohibits an unauthorized political committee from using the name of any candidate in any fundraising activity on its behalf in a context which suggests that the committee is the candidate's authorized committee. Prohibits a foreign national from controlling, influencing, or participating in election-related activities, including making contributions or expenditures relating to any political election or the administration of a political committee. Title VII: Campaign Surplus - Mandates that the funds exceeding $600,000 of incumbents who are House of Representatives candidates be deposited in a separate account subject to the Federal Election Campaign Act of 1971. Title VIII: Campaign Advertising - Prescribes guidelines for campaign advertising related to: (1) printed communication; and (2) broadcast or cablecast communication. Amends the Communications Act of 1934 to entitle House of Representatives candidates to the lowest unit rate charged by a licensee for the same amount of time (currently, the same class and amount of time for the same period on the same date, during the 30 (currently 45) days prior to the primary election and the 45 (currently 60) days prior to the general election). Prohibits the licensee from pre-empting such a candidate's use of the station except in an emergency. Title IX: Contribution Solicitation - Proscribes the solicitation of contributions by false representation by any person as a candidate or as a representative of a candidate or of a political party or committee. Title X: Reporting Requirements - Requires certain reports to identify any person (other than a committee) who contributes more than $50 (currently, more than $200). Directs the FEC to: (1) require with respect to specified reports that operating expenditures be reported on an election cycle basis, by category, as specified by the FEC; and (2) maintain computerized indices of contributions of $50.00 or more. Title XI: Effective Date - Sets forth the effective date of this Act.
United States · United States Congress · 12 November 1991
Justice for Wards Cove Workers Act - Amends the Civil Rights Act of 1991 to remove a provision excluding from application of the Act any disparate impact case filed before March 1, 1975, and decided after October 30, 1983. (Wards Cove Packing Co. Inc. v. Atonio, 1989, held that, in cases brought under Title VII of the Civil Rights Act, the burden is on the plaintiff to prove an employer had no business necessity for a practice with discriminatory effects.)
United States · United States Congress · 12 November 1991
Congratulates the people of Lithuania for their courage and perseverance in using peaceful means to regain their independence as they celebrate their independence day on February 16, 1992. Pledges support for the people of Lithuania.
United States · United States Congress · 5 November 1991
Designates December 4, 1991, as Federal Civilian Employee Remembrance Day to recognize contributions provided by Federal civilian employees during the attack on Pearl Harbor and during World War II.
United States · United States Congress · 4 November 1991
Directs the Administrator of General Services (Administrator), under specified conditions, to convey specified lands in the District of Columbia to the Columbia Hospital for Women. Requires that such lands be used for medical purposes, unless use for such other purpose is approved by the Administrator or by Act of Congress. Reverts such property to the United States if the Hospital has not begun construction of the National Women's Health Resource Center within a four-year period beginning on the date of conveyance of such property. Requires the Administrator to repay the Hospital any amounts paid by it for the property. Retains for the United States the right to use the building and parking lot on such lands until the Hospital provides one-year notice of its need for such facilities. Directs the Hospital to establish at least three satellite health centers to provide health and counseling services for teenagers, pregnant women, and mothers and children, or to enter into agreements with the District of Columbia Commission of Public Health and the District of Columbia State Health Planning and Development Agency to provide (to the greatest extent possible) the same services at the Hospital, if the Hospital is not operating such satellite centers after five-years of the enactment of this Act.
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 · 28 October 1991
Amends the Internal Revenue Code to require the Secretary of the Treasury to take into account the amounts estimated to be transferred to the Presidential Election Campaign Fund (Fund) during the fiscal year before the one in which the presidential election involved occurs before determining that the Fund is insufficiently funded to satisfy the full entitlements of eligible candidates (thus triggering pro rata reductions in payments to them). Directs the Secretary to base deposits into the Presidential Primary Matching Payment Account on estimated income to such Fund.
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 · 24 October 1991
Nuclear Testing Moratorium Act - Prohibits the Secretary of Energy from conducting any explosive nuclear weapons test during the one-year period following the enactment of this Act unless the President certifies to the Congress that the Soviet Union has conducted such a test during such period.
United States · United States Congress · 22 October 1991
Federal Employee Fairness Act of 1991 - Amends title VII (Equal Employment Opportunities) of the Civil Rights Act of 1964 to provide for coverage and administrative determination by the Equal Employment Opportunity Commission (EEOC) of Federal employee discrimination claims under title VII. Requires Federal agencies to make voluntary counseling and a voluntary alternative dispute process available to Federal employees to resolve complaints. Prohibits such agencies from: (1) requiring Federal employees to participate in such counseling or dispute process; or (2) discouraging them from filing title VII discrimination complaints. Entitles the Federal employee, if a settlement agreement has not been reached with the respondent, to either: (1) file with the EEOC a request for determination of the title VII claim by an EEOC administrative judge or, under certain conditions, by the Merit Systems Protection Board (MSPB), or under certain administrative and judicial procedures under Federal law relating to Federal employees; or (2) commence a civil action in an appropriate U.S. district court for de novo review of such title VII claim. Amends the Age Discrimination in Employment Act (ADEA) with respect to nondiscrimination on account of age in Federal Government employment and EEOC enforcement of the prohibition. Allows aggrieved individuals to either: (1) file a complaint with the Commission in accordance with, and in the same manner as claims under, title VII of the Civil Rights Act of 1964; or (2) commence a civil action, within a specified period, in an appropriate U.S. district court for de novo review of the violation. Requires the EEOC to: (1) notify promptly all persons named in the notice as prospective defendants in such action; and (2) take any appropriate action to eliminate any unlawful practice. Allows individuals with a complaint pending before the EEOC during a specified period the opportunity to commence a civil action within a specified period. Amends Federal law relating to Federal employees with respect to grievance procedures and actions involving discrimination. Allows a Federal employee to commence, within 120 days after a final decision in a grievance procedure, a civil action in an appropriate U.S. district court for de novo review of a complaint of discrimination prohibited by any law administered by the EEOC. Allows a Federal employee or applicant for Federal employment to file a complaint with the EEOC in accordance with title VII of the Civil Rights Act of 1964 and select specified administrative and judicial procedures under title VII or other Federal law relating to Federal employees for grievance procedures or actions involving discrimination. Directs the agency (including the EEOC and the MSPB) that carries out such selected procedures to apply the appropriate substantive law. Allows a Federal employee who elected specified procedures, if the EEOC dismisses the claim under title VII, to raise the action within a certain time period under other specified procedures relating to Federal employees, except that no allegation of a kind involving specified Federal laws against discrimination cited in the dismissed complaint may be thus raised. Entitles a Federal employee to file within a specified period a civil action in the appropriate U.S. district court for de novo review of the action raised under specified procedures if there is no judicially reviewable action at the end of a specified period. Directs the EEOC, within one year after enactment of this Act, to issue rules to: (1) assist Federal Government entities to comply with this Act; and (2) establish a uniform written notice and requirements applicable to collecting and preserving documents and information.
United States · United States Congress · 21 October 1991
Medicaid Moratorium Amendments of 1991 - Amends the Technical and Miscellaneous Revenues Act of 1988 to: (1) delay until September 30, 1992, the issuance of regulations changing the treatment under the Medicaid program (title XIX of the Social Security Act) of voluntary contributions and provider-specific taxes; and (2) maintain current regulations that allow intergovernmental transfers as a source of a State's expenditures for which Federal matching funds are available under the Medicaid program. Directs the Secretary of Health and Human Services to submit to specified congressional committees a report on: (1) regulations to limit the use of voluntary contributions and provider-specific taxes to obtain Federal financial participation; (2) specific types of voluntary contributions and provider-specific taxes that may be used as sources of State expenditures for which Federal financial participation is available; and (3) any legislation that the Secretary believes is appropriate. Sets forth budget compliance provisions.
United States · United States Congress · 9 October 1991
USHealth Program Act of 1991 - Title I: Provision And Expansion Of Hospital, Medical, And Preventive Services To Cover All Americans Either Through A USHealth Program Or Qualified Employer Health Plans - Subtitle A: Coverage of Elderly, Disabled, Retired, and Other Non-Employed Individuals Through a USHealth Program - Part 1: Eligibility - Amends title XVIII (Medicare) of the Social Security Act to establish the USHealth Program (Program) for the provision of hospital as well as long-term care and certain preventive benefits to U.S. citizens and permanent U.S. residents. Provides for incorporating into the Program for hospital care: (1) aliens who are employed with a foreign government or an international organization and reside in the United States; and (2) foreign visitors. Provides for low-income assistance under the Program. Repeals provisions of various other benefit programs rendered superfluous by the comprehensive nature of the Program. Makes conforming amendments to the Railroad Retirement Act of 1974. Provides transitional Medicaid (title XIX of the Social Security Act) coverage of pregnant women and infants up to 185 percent of the Federal poverty level. Increases to 100 percent the Federal medical assistance percentage for additional populations covered. Part 2: Benefits - Revises the scope of benefits under Medicare part A (Hospital Insurance). Lists under such part Program benefits which comprise: (1) inpatient hospital services; (2) medical and other health services; (3) comprehensive outpatient rehabilitation facility services and home intravenous drug therapy services; (4) alcohol and drug abuse rehabilitation services; (5) outpatient mental health services; and (6) home health services. Changes payment provisions. Expands covered medical and other health services under Medicare to include the following preventive services as Program benefits: (1) prenatal care; (2) well-child care; (3) screening mammographies; (4) screening pap smears; (5) family planning services and supplies furnished to individuals of child-bearing age who desire such services and supplies; (6) colorectal cancer screening services; (7) counseling to modify risk factors for heart disease, cancer, and stroke, including dietary measures, weight reduction, smoking restriction, and physical conditioning; and (8) such other health services as the USHealth Board finds are cost-effective in the prevention of disease or illness. Directs the USHealth Board to establish: (1) frequency schedules for the provision of certain preventive services listed above; and (2) standards for entities furnishing preventive service under Medicare who otherwise are not qualified to provide other services under Medicare. Includes prescription drugs within such expanded coverage as Program benefits. Sets forth certification standards for comprehensive outpatient rehabilitation facility services, outpatient physical therapy services, outpatient speech pathology services, and home intravenous drug therapy services. Eliminates all mandatory benefits under the Medicaid program. Part 3: Payments For Services - Sets forth payment rules for inpatient hospital services, medical and other health services generally, prescription drugs, and home intravenous drug therapy services, which include no co-payments for inpatient hospital services. Directs the USHealth Board to: (1) establish a program to assure appropriate prescribing and dispensing practices; (2) prepare and update annually a guide for physicians concerning wholesale prices of commonly prescribed drugs; (3) establish a fee schedule for home intravenous drug therapy services; and (4) adjust Medicare payment rates for inpatient hospital services and physicians' services to reflect changes in the population served and other special circumstances. Requires the Prospective Payment Assessment Commission to conduct a study concerning appropriate adjustments in payments for inpatient hospital services to account for reduced hospital costs resulting from Medicare payment of prescription drugs and home intravenous drug therapy services. Provides protection against out-of-pocket expenses which exceed specified individual and family catastrophic limits. Prohibits service providers from imposing charges when a catastrophic limit has been reached. Details provisions with respect to the treatment of health maintenance organizations (HMOs). Repeals Medicare payment rules for outpatient mental health services. Subtitle B: Coverage of Employed Individuals Through Qualified Employer Health Plans - Part 1: General Provisions - Amends the Social Security Act to add a new title XXI (Access to Health Insurance For Health Services Through Employment) under which employers are required to enroll their employees and dependents in a qualified employer health plan or in the Program. Sets forth rules for the enrollment of full- and part-time, seasonal, and temporary employees, including rules applicable in cases of families with more than one worker and where both employers offer enrollment under a qualified employer health plan. Phases in implementation of enrollment requirements according to a schedule based on the size of the employer. Sets forth enforcement provisions. Outlines requirements for qualified employer health plan premiums and cost-sharing, including limitations on the amount that may be charged for premiums. Gives qualified employer health plans the option of electing Program rules governing payments for services. Sets forth the requirements for standards to certify a health plan provided by an employer or sold to an individual as a qualified health plan, including: (1) requirements that plan benefits must at least mirror the Medicare part A health services provided under the Program; (2) requirements respecting limits on pre-existing condition exclusions and coverage standards for such required plan benefits; and (3) disclosure and other requirements to protect consumers. Prohibits certain State benefit and coverage rules under a qualified health plan. Amends the Internal Revenue Code to allow a full deduction for health insurance costs of the self-employed and to make such deduction permanent. Part 2: Insurance Reform - Subpart A: General Reforms - Amends the Public Health Service Act to add a new title XXVII (Group Health Insurance Standards) under which insured and self-insured employment-related health plans must be ascertained as meeting certain standards established below in order to be, respectively, issued or offered. Provides sanctions for plans that fail to meet such standards, including possible loss of their qualified status. Requires the USHealth Board to request the National Association of Insurance Commissioners (NAIC) to develop specific standards to implement the requirements in the remaining paragraphs below which such plans must be ascertained as meeting. Provides that if NAIC fails to develop such standards or if the Board finds that such standards do not implement such requirements, the Board shall develop such standards. Requires that such plans may not discriminate on the basis of health status for certain services. Requires that pre-existing condition exclusions under such plans be treated in the same manner as is mandated under the Social Security Act for qualified health plans. Requires any carrier which offers such a plan to register with the applicable State regulatory authority. Requires that such carriers offer the same plans to all employers within their individual service areas. Details separate requirements with respect to HMOs. Specifies that a carrier may not offer or issue to an employer such a plan with a term of less than 12 months. Requires guaranteed renewability with some exceptions. Lists notice and other requirements applicable to renewals, including the requirement that the period of renewal for each employer plan be for a period of not less than 12 months. Provides an exception to the requirements in this paragraph for self-insured carriers and self-insured employment-related health plans. States that such requirements do apply to reinsurance carriers and employment-related reinsurance plans offered to such carriers or underwriting such self-insured plans. Requires that the premiums for all employer plans of the same entity shall be: (1) established based on a single cohesive rating system which is applied consistently for all employer groups and is designed not to treat groups, after a certain period, differently based on health or risk status; and (2) actuarially certified each year. Requires employer health plan premiums to be community-rated for a given geographical area. Disallows adjustments to premium rates based on age and gender of covered individuals. Requires a Program reimbursement election before employer health plan premium rates may be adjusted otherwise. Requires employer health plans to permit enrollment of individuals based on specified beneficiary classes. Provides an exception to the requirements in this paragraph for self-insured carriers and self-insured employment-related health plans. States that such requirements do apply to reinsurance carriers and employment-related reinsurance plans offered to such carriers or underwriting such self-insured plans. Prescribes a basic benefit package for employer health plans, with exceptions for employment-related reinsurance plans, self-insured plans, and HMO plans. Sets forth miscellaneous disclosure and recordkeeping requirements for employer health plans. Subpart B: Encouraging Establishment of Managed Care - Adds a new part 3 (Favorable Treatment of Network Plans and Utilization Review Programs) to new title XXVII of the Public Health Service Act added above to provide for favorable treatment of network plans and utilization review programs. Subpart C: Repeal of COBRA Continuation Requirements - Repeals COBRA continuation requirements under the Public Health Service Act, the Internal Revenue Code, and the Employee Retirement Income Security Act of 1974. Title II: Provision of Long-Term Home and Community-Based Care, Nursing Home Care, And Other Benefits For All Americans Through the USHealth Program - Adds a new part B (Long-Term Care Protection And Certain Preventive Benefits) to Medicare under which U.S. citizens and permanent U.S. residents are eligible for long-term care, without regard to age or disability status, and certain preventive benefits. Sets forth provisions respecting long-term care protection under new part B. Details eligibility criteria for long-term care which include requirements that only those individuals applying for benefits who have been determined by a Screening Agency to be limited in daily living activities or so cognitively impaired as to require ongoing supervision will be eligible for: (1) home and community-based services; (2) respite care; and (3) nursing facility services. Provides that the duration of such services shall be unlimited as long as the Case Management Agency determines, through its periodic review of a patient, that the patient continues to require such services. Requires that the determination of the need of an individual for such services shall be made by the Case Management Agency. Places limitations on coverage for respite care. Directs the USHealth Board to contract with States or other entities to act as Long-Term Care Screening Agencies for the State. Makes such agency responsible for assessing the eligibility of individuals for such services. Directs the USHealth Board to contract with a State or private nonprofit organization to establish and administer a Long-Term Care Case Management Agency for each designated area of a State. Requires such agency to: (1) provide case management services for eligible individuals directly or through contracts with home care or home health agencies; (2) develop a care plan for each individual determined to be eligible by a Screening Agency or approve such a plan which has been developed by a qualified service provider; (3) maintain a registry of qualified providers of home and community-based care and nursing facilities in the State; and (4) assist individuals in choosing qualified providers to carry out the care plan and in locating alternative providers if the individual becomes dissatisfied with the provider initially chosen. Requires a State, in addition to the USHealth Board, to monitor the performance of all designated Case Management Agencies and assure the fiscal stability of such agencies. Requires services provided to eligible individuals pursuant to a plan of care to be provided by qualified service providers. Lists service providers qualified to provide home and community-based services. Sets forth payment rules for home and community-based services and nursing facility services. Sets forth requirements for the certification of providers of such long-term care services. Establishes the Home and Community-Based Care Advisory Council to: (1) assist the USHealth Board in assuring the prompt and efficient implementation of long-term care protection under new part B; (2) regularly review the implementation of such protection; and (3) recommend to the Board and to the Congress any necessary modifications to such protection with respect to home and community-based services. Sets forth home- and community-based provider quality assurance requirements and case management agency quality assurance requirements. Directs the USHealth Board to develop and implement a standard and extended survey of home care agencies certified to receive payments for such long-term care services provided under new part B. Sets forth provisions respecting certain preventive benefits under new part B. Entitles U.S. citizens and permanent U.S. residents to the following preventive benefits: (1) routine physical checkups; (2) routine eye care (including the dispensing of corrective lenses); (3) dental care; and (4) hearing care. Specifies the specific items and services which comprise each such benefit. Sets forth special rules for children. Directs the USHealth Board to provide for a program for the certification of the safety and efficacy of hearing aids for which payment may be made under new part B. Sets forth payment rules, including rules prohibiting the application of deductibles or co-payments to payments for such preventive benefits. Directs the USHealth Board to make grants to: (1) educational institutions for programs to train individuals in the provision of home- and community-based care and nursing facility services; (2) State approved programs to develop and conduct programs to train individuals in the provision of home health aide services; and (3) accredited university schools of nursing to develop model consumer training programs to provide information and training about the delivery of home care services for caregivers as well as general information about the home- and community-based care service system. Authorizes appropriations for such grants. Directs the Board to assist public or private nonprofit entities in meeting the costs of planning, developing, and operating centers for long-term care planning and technical assistance. Authorizes appropriations. Directs the USHealth Board to conduct long-term home care demonstration projects for seriously mentally ill individuals and family caregivers. Authorizes appropriations. Title III: Low-Income Assistance - Adds a new part C (Assistance For Low-Income Individuals) to Medicare under which low-income U.S. citizens and permanent U.S. residents who are enrolled under part A or under a qualified employer health plan or are entitled to benefits under part B may apply for assistance to limit or eliminate their financial obligations for premiums, deductibles, and co-payments. Title IV: USHealth Program Administration - Subtitle A: USHealth Administration - Adds a new part D (USHealth Administration) to Medicare to establish, as an independent agency in the executive branch of the Government, a USHealth Administration, to be governed by a USHealth Board, to administer the USHealth Program created under this Act. Abolishes the Health Care Financing Administration. Subtitle B: Miscellaneous - Repeals provisions regarding the use of public agencies or private organizations to facilitate payment to providers of services. Permits States to be carriers for administration of part A benefits. Makes miscellaneous conforming changes in carrier provisions. Adds additional administrative provisions to part A relating to prescription drugs. Directs the Director of the Congressional Office of Technology Assessment to provide for the appointment of a Prescription Drug Payment Review Commission to report annually to the Congress on methods of determining payment for prescription drugs. Authorizes appropriations. Requires the Secretary of Health and Human Services to conduct various studies with respect to prescription drugs, including a study on the possible inclusion of experimental drugs under the Program, and to report to the Congress on the results of each such study. Requires General Accounting Office studies on wholesale prescription drug prices and the costs to pharmacies of doing business. Directs the USHealth Board to develop a standard prescription drug claims form. Subjects home intravenous drug therapy services to review by peer review organizations. Revises administrative provisions under Medicare regarding home intravenous drug therapy services. Makes miscellaneous and technical changes with respect to HMO coverage and payment. Sets forth special rules for frail elderly demonstration projects and similar projects. Title V: Quality Assurance And Cost Containment - Subtitle A: Quality Assurance - Amends part B (Peer Review) of title XI of the Social Security Act to require contracts with peer review organizations to provide that: (1) major organizational efforts be devoted to quality assurance activities; and (2) quality assurance activities be conducted with respect to all the different types of health and long-term care covered by Medicare or through a private payor. Revises the definition of the term "peer review organization" to require such an entity to include representatives of providers of services for which quality assurance activities are conducted. Provides funding for increased quality assurance activities. Requires each utilization and quality control peer review organization to establish and staff a quality assurance board that will monitor the quality of care provided under Medicare in the area served by the organization. Amends the Medicare program to: (1) prohibit payments to health care providers which are not licensed and certified by the State; (2) direct the USHealth Board to promulgate a consumers' bill of rights which shall recognize specified rights as rights of consumers which may be asserted by the consumer or his or her representative or guardian; (3) revise the hospital discharge planning process to require a discharge planning process which meets guidelines and standards to be established by the USHealth Board that guard against early inappropriate hospital discharges and ensure a timely and smooth transition to the most appropriate type of and setting for post-hospital care; and (4) require HMOs to make outpatient mental health services available to their clients and ensure that quality assurance activities include such services. Amends the Peer Review program to require peer review organizations to monitor hospitals' compliance with discharge planning process requirements. Subtitle B: Cost-Containment - Sets forth a formula to determine the overall annual health care amount allowed to be spent under the Program. Directs the USHealth Board to conduct negotiations each year with representatives of the classes of health care providers in order to allocate overall spending among the different classes of providers. Requires a report to the Congress on negotiation results along with a specification of the amount to be allocated to each class of provider. Requires the Board to adjust each year the payment rates by each class of provider. Title VI: Financing - Amends the Medicare program to: (1) set forth rules for determining the premiums to be charged individuals and employers for enrollment under part A; (2) specify the early year premiums for aged and disabled part A enrollees and set forth rules for determining the premiums for later years; and (3) revise procedures for collecting part B premiums to provide for the collection of delinquent premiums. Amends the Internal Revenue Code to: (1) eliminate the limit on wages and self-employment income subject to social security and railroad retirement taxes; and (2) increase the health insurance tax rate. Requires State maintenance of effort payments. Redesignates the Federal Hospital Insurance Trust Fund as the USHealth Program Trust Fund. Provides for off-budget treatment of the Fund. Extends the borrowing authority of the Fund. Dedicates additional specified revenues to the support of the Program. Repeals the Federal Supplementary Medical Insurance Trust Fund and transfers the funds in, and obligations of, such Fund to the USHealth Program Trust Fund. Repeals the separate authorization of appropriations to cover Government contributions and provide a contingency reserve applicable to the former Federal Supplementary Medical Insurance Trust Fund. Title VII: Rural And Central City Demonstration Projects And Expansion Of Primary Care And Public Health Delivery Capacity - Directs the Administrator of the Health Care Financing Administration to provide for additional research and demonstration projects into how Medicare could be changed to better cover care for beneficiaries residing in rural areas and in central city areas of large cities. Requires an annual report to the Congress on the progress of such projects. Extends the authorizations for the following programs or services under the Public Health Service Act through the year 2000: (1) immunization programs; (2) tuberculosis prevention and control programs; (3) lead poisoning prevention programs; (4) programs (and projects) for the prevention and control of sexually transmitted diseases; (5) migrant and community health center services; (6) homeless programs; (7) public housing programs; (8) family planning services; and (9) early intervention services for individuals with HIV disease. Directs the USHealth Board to make grants to public and nonprofit private entities for projects to plan and develop primary care centers and public health clinics which will serve medically underserved populations. Directs the USHealth Board, every five years, beginning with 1994, to submit to the Congress a report on the impact of this Act in meeting the following Goals for the Nation stated in "Health People, 2000": (1) to increase the span of healthy life for Americans; (2) to reduce health disparities among Americans; and (3) to achieve access to preventive services for all Americans. Requires each report to include such recommendations with respect to changes in the benefits and payment policies under this Act as will best promote achievement of national health promotion and disease prevention goals and objectives.
United States · United States Congress · 8 October 1991
Economic Equity Act - Title I: Employment Opportunities - Subtitle A: Nontraditional Employment for Women Act - Nontraditional Employment for Women Act - Amends the Job Training Partnership Act to modify requirements regarding women in nontraditional employment (defined as occupations or fields where women comprise less than 25 percent of the individuals) relating to: (1) job training plans and coordination and special services plans; (2) the duties of the State job training coordinating council; and (3) the use of certain funds. Requires States to develop demonstration programs to train and place women in nontraditional employment. Subtitle B: Worker Retraining Act of 1991 - Worker Retraining Act of 1991 - Mandates grants to not more than ten States to plan, establish, and operate worker retraining initiatives to allow employed low-income individuals to advance from low skill to higher skill positions. Authorizes appropriations. Subtitle C: Women in Apprenticeship Occupations and Nontraditional Occupations Act - Women in Apprenticeship Occupations and Nontraditional Occupations Act - Requires the Department of Labor to promote an outreach program to employers to inform employers of the availability of technical assistance in preparing the work place to employ women in apprenticeable occupations and other nontraditional occupations. Mandates a report to the Congress on the participation of women in apprenticeable and other nontraditional occupations. Subtitle D: Glass Ceiling Act of 1991 - Glass Ceiling Act of 1991 - Establishes a Glass Ceiling Commission to study and report to the President and appropriate committees of the Congress concerning: (1) eliminating artificial barriers to the advancement of women and minorities; and (2) increasing the opportunities and developmental experiences of women and minorities to foster advancement to management and decision making positions in business. Establishes the National Award for Diversity and Excellence in American Executive Management. Allows a recipient business to publicize the receipt of the award and use the award in its advertising, if the business agrees to help other U.S. businesses improve with respect to the promotion of opportunities and developmental experiences of women and minorities to foster the advancement of women and minorities to management and decision making positions. Authorizes appropriations. Terminates the Commission and the authority to make awards four years after enactment of this Act. Subtitle E: Women and Minorities in Science and Mathematics Act of 1991 - Women and Minorities in Science and Mathematics Act of 1991 - Amends the Higher Education Act of 1965 with regard to women and minorities who are underrepresented in science and mathematics to mandate grants and contracts for education programs. Modifies existing provisions regarding: (1) off-campus programs; (2) adult and continuing education staff development; (3) research and research application in adult and continuing education; (4) the "talent search" and "upward bound" programs; (5) midcareer teacher retraining; (6) school, college, and university partnerships; (7) professional development resource centers; (8) congressional teacher scholarships; (9) model and cooperative education; (10) graduate education programs; (11) Harris fellowships; (12) graduate assistance in areas of national need; (13) the Minority Science Improvement Program; and (14) science and engineering access programs. Subtitle F: Commission on the Advancement of Women in the Science and Engineering Work Forces Act - Commission on the Advancement of Women in the Science and Engineering Work Forces Act - Establishes the Commission on the Advancement of Women in the Science and Engineering Work Forces. Title II: Women in Business - Subtitle A: Act for Microenterprise - Act for Microenterprise - Amends the Social Security Act to exclude business assets from consideration in determining: (1) eligibility for aid and services to needy families with children (AFDC); and (2) income and resources in connection with provisions relating to supplemental security income (SSI). Excludes income from a business with five or fewer employees, during the first year of the business, from consideration in determining the amount of aid under AFDC and SSI. Amends the Internal Revenue Code (IRC) to require approval of any State law making unemployment compensation payable to individuals starting microenterprises. Requires State law to entitle an individual performing services in a microenterprise to receive regular or extended unemployment compensation. Amends the Housing and Community Development Act of 1974 to allow assistance under certain provisions of the Act to be used for: (1) loans to commercial enterprises with five or fewer employees, one or more of whom own the enterprise; and (2) counseling, technical assistance, educational programs, planning, and training to facilitate such commercial enterprises. Amends the Small Business Act to set forth Congressional findings regarding microenterprises and implementation of loan programs under specified provisions of the Small Business Act and the Small Business Investment Act of 1958. Amends the Home Owners' Loan Act to add references to microenterprise loans to provisions defining "qualified thrift investments." Requires each Federal banking agency to establish a division to be known as the Microenterprise Technical and Operations Office to offer technical assistance, training, outreach, and other support. Subtitle B: Microlend for the Future Act - Microlend for the Future Act - Authorizes the Administrator of the Small Business Administration to make loans and grants to community based organizations for the startup and expansion of microenterprises, with the organizations using the loans to make loans and the grants to provide technical assistance to microenterprises. Authorizes appropriations. Subtitle C: Women's Business Procurement Assistance Act of 1991 - Women's Business Procurement Assistance Act of 1991 - Amends the Small Business Act to add references to small businesses owned and controlled by women to provisions concerning: (1) Government-wide goals for participation of small businesses in procurement; (2) U.S. policy on small business participation in Federal procurement and on timely payment by prime contractors to small business subcontractors; and (3) a clause required to be included in Federal agency contracts. Requires that each Federal agency having procurement powers: (1) designate a specialist responsible for programs to assist small businesses owned and controlled by women; and (2) engage in affirmative efforts to identify and solicit offers from such businesses. Establishes in the Small Business Administration the Office of Women's Business Ownership. Subtitle D: Equal Surety Bond Opportunity Act - Equal Surety Bond Opportunity Act - Prohibits discrimination by a surety in any aspect of a surety bond transaction: (1) on the basis of race, color, religion, national origin, sex, marital status, or age; (2) because the applicant has exercised any right under this title; or (3) because the applicant previously obtained a bond through certain means. Specifies activities not constituting discrimination. Provides for civil and equitable relief and prohibits a company from being approved as a surety by the Secretary of the Treasury unless the company is in full compliance with the requirements of this subtitle. Amends Federal Law to require surety companies to be in compliance with this subtitle. Subtitle E: Small Business Access to Surety Bonding Survey Act of 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. Title III: Economic Justice - Subtitle A: Pay Equity Technical Assistance Act - Pay Equity Technical Assistance Act - Directs the Secretary of Labor to carry out a continuing program regarding reducing or eliminating, conducting research on, and providing technical assistance concerning wage disparities based on sex, race, or national origin. Subtitle B: Legislative Pay Equity Study - Declares that it is congressional policy that persons employed in the legislative branch shall receive equal pay for comparable work. Establishes the Commission on Employment Discrimination in the Legislative Branch. Subtitle C: Part-Time and Temporary Workers Protection Act - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to set forth special participation, vesting, and accrual rules applicable to part-time and temporary employees. Allows limited reductions in employer-provided group health plan premiums for part-time employees. Modifies, for provisions relating to protection of employee benefit rights, the definition of "employee" to include persons who have performed at least 500 hours of service per year. Subtitle D: Child Support Enforcement Improvements Act of 1991 - Child Support Enforcement Improvements Act of 1991 - Shields a depository institution from liability under Federal or State law for disclosing any financial record of an individual to a State child support enforcement agency attempting to establish, modify, or enforce a child support obligation. Prohibits the recipient enforcement agency from improperly disclosing the information and provides for civil damages. Amends the Fair Credit Reporting Act to allow a consumer reporting agency to furnish a consumer report to such an enforcement agency that is making such an attempt. Amends the Social Security Act to require that a State plan for child and spousal support include certain procedures relating to the provision by an absent parent of medical insurance coverage for one or more children of a custodial parent. Increases the incentive payment to States for successful enforcement of court orders for the coverage. Modifies requirements concerning: (1) regulation of the interception of refunds from the internal revenue service; and (2) employer withholding of support payments. Provides for a national network to build on the statewide child support enforcement systems States are developing. Subtitle E: Dependent Care Tax Credit Refundability - Amends the IRC to allow as a limited refundable credit a portion of: (1) expenses for household services and for the care of a qualifying individual; and (2) respite care expenses. Subtitle F: Pell Grant Eligibility Expansion Act - Amends the Higher Education Act of 1965 to remove provisions prohibiting, in certain circumstances, basic educational opportunity grants (BEOGs) to less than half-time students. Subtitle G: Federal Council on Women Act - Federal Council on Women Act - Establishes in the legislative branch the Federal Council on Women to make recommendations on a wide range of issues and concerns relating to women. Title IV: Retirement Equity - Subtitle A: Pension Reform Act of 1991 - Pension Reform Act of 1991 - Amends the Tax Reform Act of 1986 to modify requirements relating to the effective date of the application of nondiscrimination rules to integrated plans. Amends the IRC to repeal provisions relating to nondiscrimination requirements and permitted disparity with regard to contributions to pension plans, including simplified pension plans. Modifies minimum coverage requirements for qualified pension, profit-sharing, and stock bonus plans with regard to whether an employer operates separate lines or a single line of business. Amends the IRC and ERISA to modify minimum vesting standards to remove provisions relating to multiemployer plans. Requires the Comptroller General to report to specified congressional committees on alternative: (1) methods of requiring employee pension benefit plans to provide cost-of-living and other adjustments to benefits; and (2) pension portability mechanisms for preserving and enhancing the real value of deferred vested pension benefits. Allows a domestic relations court order entered after enactment of this Act and amending an order originally entered before 1985 to be considered a qualified domestic relations order for purposes of certain provisions of the Retirement Equity Act of 1984. Subtitle B: Spousal Pension Equity Act - Spousal Pension Equity Act - Amends provisions of the IRC relating to limitations on the amount of annual compensation taken into account to prohibit aggregation of spousal incomes when both spouses are licensed to perform services in the same professional field and perform the services for the employer. Subtitle C: Social Security Care Provider Act of 1991 - Social Security Care Provider Act of 1991 - Amends title II (Old Age, Survivors, and Disability Insurance) (OASDI) of the Social Security Act to change the formula for determining the number of an individual's benefit computation years. Subtitle D: Social Security Modernization Act of 1991 - Social Security Modernization Act of 1991 - Amends OASDI to require, provided this method increases benefits, that the combined earnings of an individual and his or her spouse, during their marriage, be divided equally for determining OASDI benefits. Terminates the amendment made by this subtitle after the year 2015. Mandates studies every five years by the appropriate congressional committees to determine the effect of the termination on beneficiaries. Subtitle E: Former Military Spouses - Amends the National Defense Authorization Act for Fiscal Year 1991 to apply amendments relating to retired pay to any divorces, dissolutions of marriage, annulments, and legal separations (currently, to any such events that occur more than 90 days after enactment of the Act). Subtitle F: Federal Employees Former Spouses - Amends the Civil Service Retirement Spouse Equity Act of 1984 to modify requirements for entitlement of a former spouse of a Federal employee or Member of Congress to a survivor annuity. Allows any former spouse who becomes eligible, because of this subtitle, for a survivor annuity, to enroll in a health benefits plan under specified provisions of Federal law.
United States · United States Congress · 8 October 1991
Telecommunications Act of 1991 - Title I: Infrastructure Development - Amends the Communications Act of 1934 to provide for the establishment of a Federal-State Joint Board to impose and enforce network quality standards upon common carriers (CC) to ensure the continued maintenance and evolution of CC facilities and services. Directs the Board to initiate a rulemaking proceeding to establish standards, to be enforced by the Federal Communications Commission (FCC) and the State commissions as to matters within their respective jurisdictions, for measuring CC network quality. Requires each CC to submit to the Board a quarterly data report regarding compliance with the prescribed standards. Authorizes the Board to require periodic independent audits of CC compliance with such standards. Directs the FCC to establish enforcement penalties and procedures, including expedited customer complaint mechanisms, to ensure CC compliance with such standards. Requires each local exchange carrier (LEC) to provide interconnection, on a reasonable and nondiscriminatory basis, to CCs and other providers of telecommunications and information services who request it, and to provide the interconnecting party with physical colocation, unless it demonstrates by clear and convincing evidence that physical colocation is not technically practicable, in which case virtual colocation is required. Specifies that a rural exchange carrier (REC) shall not be required to provide interconnection to another LEC. Directs the FCC to: (1) adopt and make effective rules to enforce the obligations imposed by such Act; and (2) initiate a rulemaking to require that the interconnection offered by an LEC pursuant to such Act provide for the portability of telephone numbers. Requires the FCC to revise its order entitled "Filing and Review of Open Network Architecture Plans" to require that: (1) the plans for compliance with such order offer unbundled features and functions; (2) such features and functions are made available on a reasonably uniform basis by all of the CCs subject to such order, and are accessible throughout the service territory of each such carrier; (3) such plans include a schedule for timely offering of new features and functions; and (4) CCs subject to such order not unreasonably discriminate between affiliated and unaffiliated providers of information services in offering tariffed and non-tariffed features, functions, and capabilities. Directs the FCC, at least once every three years, to: (1) conduct a proceeding in which interested parties shall have an opportunity to comment on whether the order, as further revised, and the plans filed pursuant to it, have opened the networks of the carriers subject to such order to reasonable and non-discriminatory access by providers of telecommunications and information services; and (2) revise such order as necessary or appropriate and require the CCs subject to the order to file new plans consistent with such revisions, which shall also be subject to public comment and FCC review prior to their becoming effective. Restricts the release of personally identifiable customer information obtained or collected by an LEC in the course of providing telephone exchange information. Requires: (1) an LEC to prepare and file tariffs in accordance with such Act with respect to the interconnection and network access services required under such Act; (2) the costs that an LEC incurs in providing such services to be borne solely by the users of the features and functions comprising such services; and (3) the FCC to review such tariffs to ensure that the charges for such services are cost-based and the terms and conditions contained in such tariffs do not bundle together any separable elements, features, or functions. Requires: (1) an LEC to submit supporting information with its tariffs for interconnection and network access services that is sufficient to enable the FCC and the public to determine the relationship between the proposed changes and the costs of providing such services; and (2) the submission of such information to be pursuant to rules adopted by the FCC to ensure that similarly situated carriers provide such information in a uniform fashion. Authorizes an LEC to include in its tariffs for interconnection services an element intended to recover the amount necessary to preclude any substantial increases in the rates for telephone exchange service (service) that would otherwise result from the offering of interconnection services, subject to specified requirements. Directs the FCC to adopt and make effective rules governing the calculating of such element. Specifies that any amounts recovered by the LEC through the imposition of this additional element shall be used to defray the costs of providing service. Specifies that the resale of service in conjunction with the furnishing of an interstate telecommunications or any information service shall not be prohibited or subject to unreasonable conditions by the FCC, any State, or any LEC. Requires the FCC to: (1) adopt and make effective rules for the conduct of coordinated network planning by CCs; and (2) initiate an inquiry to examine the effects of competition in the provision of telephone exchange access and service on the availability and rates for service furnished by RECs. Directs the FCC to provide for expedited: (1) review of complaints alleging violations of service, quality, network access, and interconnection rules; and (2) licensing of new technologies or services related to the furnishing of telecommunications or information services determined to be in the public interest. Title II: Provisions Affecting Divested Operating Companies - Authorizes a divested operating company or affiliate (DOC) to provide information services, subject to specified requirements. Bars a DOC from offering electronic publishing services in any State in which it provides service until the FCC, after notice and opportunity for public comment, determines that: (1) at least 50 percent of all businesses and residences within the areas in each State in which such DOC provides service have access to transmission and switching facilities (other than those owned or controlled by a DOC) that are comparable to those offered by the DOC for the delivery of electronic publishing services; (2) at least ten percent of all businesses and residences within the areas in each State in which such DOC provides service subscribe to services delivered over such alternative facilities; and (3) the DOC seeking to provide such services has demonstrated that there is no substantial possibility that the DOC could use its position as an LEC to impede competition in the provision of electronic publishing services or impose additional costs upon service subscribers. Permits a DOC to petition the FCC for a waiver of restrictions on electronic publishing imposed under such Act. Requires such petition to be granted if the DOC can demonstrate by clear and convincing evidence that: (1) electronic publishing service would not exist unless offered by such DOC; and (2) the provision of such DOC would not impose additional costs upon service subscribers. Sets forth additional requirements. Permits a DOC to provide information services after October 1, 1991, only through a subsidiary that is separated from the service operations of the divested company, with exceptions. Provides for a minimum number of outside directors. Specifies that any transaction between a DOC and any other affiliate of such DOC (including the subsidiary): (1) shall not be based upon any preference or discrimination arising out of the affiliation, or have the effect of permitting any violation of the requirements of such Act; and (2) shall be carried out in the same manner as such company or affiliate conducts such business with unaffiliated persons, shall be pursuant to contract or tariff reported to the FCC and made available for public inspection, and shall be fully auditable and reflect all costs associated with the conduct of such business. Bars such subsidiary from: (1) entering into any joint venture or partnership with the DOC; (2) having employees or a financial structure in common with the DOC, except as provided in such Act; (3) owning any property in common with a DOC; or (4) establishing any other subsidiary or affiliate except after notice to the FCC in such form and containing such information as the FCC may require. Requires such subsidiary to: (1) carry out directly its own marketing, sales, accounting, hiring and training of personnel, purchasing, and maintenance; and (2) maintain books, records, and accounts, prepare its own financial statements, and prepare and file with the FCC the annual and periodic reports required of publicly traded companies by the Securities and Exchange Commission. Sets forth additional provisions with respect to: (1) advertising; (2) securities information; (3) outside ownership; (4) transmission capacity; (5) preservation of separate subsidiary requirements for grandfathered functions; (6) provision of services and information to others on the same terms and conditions as provided to the subsidiary; and (7) a cost allocation system requirement to prohibit any cost of providing information services from being subsidized by revenue from service or access services. Requires the FCC to establish cost assignment and allocation regulations, under which joint and common costs shall be allocated to unregulated services under a formula that ensures that the rates for service are no greater than they would have been in the absence of such investment, or based upon the highest forecast unregulated usage of the investment over the life of the investment, whichever method results in the lesser allocation of such costs to service. Directs the FCC, by regulation, to ensure that the economic risks associated with the provision of information services by DOCs are not borne by service customers in the event of a business loss or failure. Prohibits: (1) investments or other expenditures assigned to information services from being reassigned to service or access service; and (2) any DOC affiliate which is providing information services and is required to be, or is, structurally separate from an affiliate engaged in the provision of service from obtaining credit under any arrangement that would permit a creditor, upon default, to have recourse to the assets of the DOC, or would induce a creditor to rely on the tangible or intangible assets of the DOC in extending credit. Requires the FCC to prescribe regulations governing the accounting for the transfer of assets between a DOC and its affiliates which protect the interests of service ratepayers and meet specified requirements. Establishes an annual auditing requirement for each DOC that engages in, or has a financial or management interest in an entity that provides, information services. Sets forth provisions with respect to the conduct of the audit, submission and certification of audit results, and access to documents. Requires the FCC and a State commission, within their respective jurisdictions, to require a DOC to assess any affiliate providing information services a charge for the reasonable value of any intangible assets used in the provision of such services and to credit the amount of such charge to the provision of service. Bars a DOC from providing electronic publishing services, other than those it provided on or before October 1, 1991, in any State in which such DOC provides service, unless and until all entry barriers to the competitive provision of telecommunications services imposed by each State or State commission in which such DOC service have been removed with respect to such DOC. Requires any DOC that offers a gateway service to make such service available concurrently to all of its subscribers at the same rates, terms, and conditions. Sets forth enforcement provisions with respect to persons injured by a violation of requirements under such Act. Directs the FCC to take such actions as necessary to: (1) prevent anticompetitive practices between a DOC and any affiliate of the DOC; (2) protect ratepayers of DOCs from subsidizing the provision of information services by such DOCs; and (3) prevent any DOC from imposing any unjust or unreasonable rates or charges for any CC services provided in connection with the provision of information services. Authorizes appropriations. Title III: Miscellaneous Provisions - Authorizes a State to regulate the rates, terms, or conditions for the offering of information services, subject to specified requirements. Bars a State from imposing regulations upon an LEC with respect to the intrastate provision of information services by such carrier or affiliate if such regulations: (1) are necessary and appropriate to separate the provision of information services from the provision of service by such carrier or affiliate; (2) are intended to protect the privacy rights of service customers; (3) do not affect the rates, terms, or conditions for the provision of such information services or the types of such services offered by such carrier or affiliate; and (4) are not inconsistent with the purposes, or do not significantly impede the enforcement, of this Act or any regulation or order prescribed by the FCC pursuant to this Act. Specifies that: (1) nothing in this Act shall be construed to limit State authority to take actions, consistent with this Act, to ensure the availability of service at reasonable rates in areas served by RECs, to relieve a DOC of any obligations, limitations, or responsibilities imposed by any other provision of such Act, or to create any antitrust immunity to any civil or criminal action under Federal or State antitrust law, or alter or restrict the applicability of any Federal or State law to the actions of a DOC; and (2) a DOC shall remain fully subject to the order entered on August 24, 1982, in United States v. Western Electric Company .
![Official portrait of Rep. Oakar, Mary Rose [D-OH-20]](https://www.congress.gov/img/member/o000001_200.jpg)