United States · United States Congress · 2 October 1991
Combined Sewer Overflow Control Act - Amends the Federal Water Pollution Control Act to make combined sewer overflow (CSO) (defined as the discharge of untreated sanitary wastes and stormwater from combined stormwater and sanitary sewers) unlawful, except in accordance with the requirements of this Act. Requires any person owning or operating a combined stormwater and sanitary sewer from which there is CSO to notify the Administrator of the Environmental Protection Agency or the State of the CSO. Directs the Administrator to issue any such person a permit authorizing such CSO which: (1) prohibits dry water overflow; (2) requires the permittee to implement technically sound operation and maintenance practices for its sewer system designed to minimize CSO and to maximize the use of its facilities to minimize CSO; and (3) implements the study and plan required by this Act to the extent such study and plan has not been previously implemented. Provides that permits authorizing CSO issued prior to the enactment of this Act shall remain in effect until reissued or modified in accordance with this Act. Requires: (1) any such person to file with the Administrator a complete (phase II) permit application not later than 12 months after the effective date of the regulations required by this Act or two years after the effective date of this Act, whichever occurs last (deadline); and (2) the Administrator, within 12 months after the receipt of such application, to issue a permit to the applicant authorizing the CSO. Mandates that: (1) each such person complete a study and evaluation of its combined sewer system and CSO and prepare a CSO control plan by the deadline; and (2) the Administrator, within two years, establish regulations setting forth the phase II permit requirements for CSO. Sets forth additional requirements with respect to: (1) regulation contents; (2) technology-based controls; and (3) water quality-based controls. Directs the Administrator to: (1) establish, within six months, a technological clearinghouse disseminating information on controlling CSO available to States and local governments; and (2) report to the Congress, within two years, with a list of CSO outfalls, the nature and location of such outfalls, and the estimated Federal share of such costs. Requires that, whenever a State reviews water quality standards, it revises and adopts standards for those waters receiving storm sewer discharges and CSO overflow during wet weather conditions. Authorizes appropriations. Directs the Administrator to: (1) fund that portion of the cost of CSO controls beyond the financial capability of local governments upon the request of the Governor of the State in which the local government is located, subject to specified requirements; (2) set regulatory guidelines to be used by individual local governments with respect to CSO control costs; and (3) establish priorities for individual CSO control projects to be funded.
United States · United States Congress · 1 October 1991
Urges the President to call upon the President of the Union of Soviet Socialist Republics to begin negotiations with leaders of Lithuania, Latvia, and Estonia for the prompt withdrawal of Soviet troops from the Baltic States.
United States · United States Congress · 26 September 1991
Satellite Viewers' Rights Act of 1991 - Amends the Communications Act of 1934 to repeal provisions requiring the Federal Communications Commission to initiate an inquiry concerning the need for a universal encryption standard that permits decryption of satellite cable programming intended for private viewing. Requires that any person who encrypts satellite delivered programming make such programming available for private viewing by home satellite antenna users and, when making such programming available through any other person for distribution through any medium, establish: (1) reasonable and non-discriminatory financial, character, technical, and service criteria and requirements under which non-cable distributors qualify to distribute such programming for private viewing by home satellite antenna users; and (2) price, terms, and conditions for the wholesale distribution of such programming which do not discriminate between the distribution of such programming to distributors for cable subscribers and distributors to home satellite antenna users, nor among different distributors to home satellite antenna users, with exceptions. Specifies that, where a person who encrypts satellite delivered programming: (1) has established a separate subsidiary for distribution to satellite antenna users, such person shall not be required to establish or license any entity on the same terms and conditions as such subsidiary (but permits an aggrieved party, for purposes of any claim of discrimination under this provision, to compare the prices, terms, and conditions established by the person who encrypts as evidence of discrimination); and (2) authorizes or licenses a distributor for a secondary satellite retransmission of such programming, such person shall establish criteria (consistent with requirements under this Act) to qualify to distribute such programming through such retransmission and establish nondiscriminatory price, terms, and conditions for such distribution. Specifies that nothing in this Act shall require any person who encrypts satellite delivered programming to: (1) authorize or license any distributor for a secondary satellite retransmission; and (2) make such programming available in any geographic area beyond which such programming has been authorized or licensed for distribution. Authorizes: (1) persons aggrieved by violations of this Act to bring a civil action; and (2) the court to grant specified relief.
United States · United States Congress · 24 September 1991
Fair Competition in Broadcasting Act of 1991 - Amends the Communications Act of 1934 to prohibit, one year after the enactment of the Local Broadcast Service Protection Act of 1991, any cable system (system) or other multichannel video programming distributor (MVPD) from retransmitting the signal of a commercial broadcasting station, or any part thereof, without the express authority of the originating station, with exceptions. Makes such prohibition inapplicable to the retransmission of the signal of a broadcasting station to a home satellite antenna by a cable operator (operator) or other MVPD of the signal of a superstation if the originating station was a superstation on May 1, 1991, and the system or other MVPD does not obtain the signal directly from the originating station. Directs the Federal Communications Commission (FCC) to establish regulations to govern the exercise by television (TV) stations of the right to grant retransmission authority and the right to signal carriage under such Act. Specifies that: (1) such regulations shall require that TV stations make an election between such rights; (2) if an originating TV station elects to exercise its right to grant retransmission authority, such Act shall not require the carriage of the signal of such station by such system; (3) such election shall not interfere with or supersede the rights of any station electing to assert the right of signal carriage; and (4) such provisions shall not be construed as affecting program licensing agreements between broadcasters and program suppliers. Requires each system operator with: (1) 12 or fewer usable activated channels to carry the signals of at least three local commercial TV stations, with exceptions where there are 300 or fewer subscribers; and (2) more than 12 such channels to carry the signals of local commercial TV stations up to one third of the aggregate number of usable activated channels of such system. Grants the operator discretion in selecting which signals to carry on its system whenever the number of local commercial TV stations exceeds the maximum number of signals a system is required to carry under such provision, with exceptions. Requires an operator to carry: (1) in its entirety, on the system of that operator, the primary video and accompanying audio transmission of each of the local commercial TV stations carried on the system and, to the extent technically feasible, program-related material carried in the vertical blanking interval or on subcarriers; and (2) the entirety of the program schedule of any TV station carried on the system unless carriage of specific programming is prohibited, and other programming authorized to be substituted, under Federal regulations. Requires that: (1) the signals of local commercial TV stations that an operator carriers be carried without material degradation; (2) the FCC adopt carriage standards to ensure that, to the extent technically feasible, the quality of signal processing and carriage provided by a system for the carriage of local commercial TV stations will be no less than that provided for carriage of any other type of signal; and (3) the FCC, at such time as it prescribes modifications of the standards for TV broadcast signals, initiate a proceeding to establish any changes in the signal carriage requirements of cable TV systems necessary to ensure cable carriage of such broadcast signals of local commercial TV stations which have been changed to conform with such modified standards. Specifies that an operator shall not be required to carry the signal of any local commercial TV station that substantially duplicates the signal of another local commercial TV station which is carried on its system, or to carry the signals of more than one local commercial TV station affiliated with a particular broadcast network. Sets forth provisions with respect to: (1) channel positioning; (2) signal availability; (3) identification of signals carried; and (4) notification of a local commercial TV station prior to deleting carriage or repositioning the station. Bars an operator from accepting or requesting compensation for carriage of local commercial TV stations or for channel positioning rights, with exceptions. Establishes procedures for complaints by broadcast stations against operators. Directs the FCC to: (1) afford the operator an opportunity to respond to the allegations; and (2) make a determination and take appropriate action with respect to the complaint. States that no operator shall be required to provide or make available, or provide information to subscribers about, any input selector switch or comparable device. Directs the FCC to issue regulations implementing the requirements established by this Act. Specifies that nothing in this Act shall require (or prohibit) an operator to (or from) carrying on any tier the signal of any commercial TV station or video programming service that is predominantly utilized for the transmission of sales presentations or program length commercials. Requires an operator with: (1) 12 or fewer usable activated channels to carry the signal of at least one qualified local noncommercial educational TV station; and (2) 13 to 36 such channels to carry the signal of at least one such station (but does not require carriage of the signals of more than three such stations). Sets forth additional requirements where a system operates beyond the presence of any qualified local noncommercial educational TV station. Requires all operators to continue to provide carriage to all qualified local noncommercial educational TV stations whose signals were carried on their systems as of March 29, 1990, subject to waiver under specified circumstances. Specifies that: (1) an operator required to add the signals of qualified local noncommercial educational TV stations to a system may do so by placing such additional stations on public, educational, or governmental channels not in use for their designated purposes; (2) an operator of a system with a capacity of more than 36 usable activated channels which is required to carry the signals of three qualified local noncommercial educational TV stations shall not be required to carry the signals of additional such stations the programming of which substantially duplicates the programming broadcast by another qualified local noncommercial educational TV station requesting carriage; and (3) a qualified local noncommercial educational TV station whose signal is carried by an operator shall not assert any network nonduplication rights it may have under specified Federal regulations to require the deletion of programs aired on other qualified local noncommercial educational TV stations whose signals are carried by such operator. Requires an operator to: (1) retransmit in its entirety the primary video and accompanying audio transmission of each qualified local noncommercial educational TV station whose signal is carried on the system and, to the extent technically feasible, program-related material carried in the vertical blanking interval, or on subcarriers, that may be necessary for receipt of programming by handicapped persons or for educational or language purposes; and (2) provide each qualified local noncommercial educational TV station whose signal is carried with bank-width and technical capacity equivalent to that provided to commercial TV broadcast stations carried on the system, and carry the signal of each qualified local noncommercial educational TV station without material degradation. Sets forth additional provisions with respect to: (1) notification of changes in carriage; (2) signal quality; (3) channel positioning; (4) availability of signals; (5) payment for carriage (which is generally prohibited); (6) complaint procedures and remedies; and (7) signal identification.
United States · United States Congress · 24 September 1991
Medicare EKG Payment Restoration Act of 1991 - Amends part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act to: (1) reestablish separate payment for the interpretation of electrocardiograms (EKGs) that are ordered or performed during an office visit or consultation with a physician; and (2) require the Secretary of Health and Human Services to establish separate fee schedule amounts for EKG interpretations and to adjust the relative values established for office visits to or consultations with a physician to reflect the establishment of such separate fee schedule amounts. Directs the Secretary to: (1) establish practice guidelines for the use of EKGs for dissemination along with other educational information relating to the use of EKGs to physicians; (2) develop a profile of the use of EKGs by physicians; and (3) conduct a study and report to the Congress on the utilization and costs of EKGs.
United States · United States Congress · 24 September 1991
Expresses the sense of the Congress that it is inappropriate for the Federal Government to take actions that have the effect of preempting the tax decisions of State governments. Protests the decision of the Secretary of Health and Human Services to prohibit Federal payments under the Medicaid program (title XIX of the Social Security Act) relating to State Medicaid expenditures that are made from revenues derived from provider-specific taxes. Urges the Secretary to drop the proposed rule implementing his decision.
United States · United States Congress · 17 September 1991
Federal Fire Safety Act of 1991 - Amends the Federal Fire Prevention and Control Act of 1974 to prohibit the use of Federal funds to: (1) construct, purchase, or lease a newly constructed Federal office building, other than housing, having more than 25 full-time Federal employees nor to renovate one with five or more stories unless the entire building includes automatic sprinkler systems or an equivalent level of safety, with specified exceptions; and (2) increase the number of employees in such building by more than 100 employees over that as of enactment of this Act without such system or level of safety. Prohibits the use of such funds after the enactment of this Act: (1) to construct, purchase, lease, rebuild, or operate Federal Government housing for Federal employees and their dependents; (2) multifamily housing for Federal employees subsidized by the Federal Government; and (3) rental assistance housing, without automatic sprinkler systems and smoke detectors (in some cases smoke detectors alone). Directs the: (1) Administrator of the National Fire Prevention and Control Administration (Administrator) to promulgate regulations implementing this Act; and (2) head of any Federal agency that owns, leases, or operates a federally-funded building or housing unit, to invite the local agency or voluntary organization with fire protection responsibility in the jurisdiction of such building or housing unit to prepare, and biennially review, a prefire plan for it.
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 · 16 September 1991
National Commission on Intergovernmental Mandate Reform Act - Establishes the National Commission on Intergovernmental Mandate Reform to: (1) document all federally mandated programs; (2) identify such programs that result in no net cost or minimum net cost to the Federal Government and that may be partially or totally eliminated with a resulting cost savings to State and local governments and no financial loss to the Federal Government; (3) submit to the President and the Congress recommendations specifying the federally mandated programs to be totally or partially eliminated along with the criteria for making such a determination and recommendations specifying the methods by which such programs can be reformed in order to relieve the financial burdens on State and local governments, and Federal, State, and local taxpayers; and (4) review other matters relating to the reform of federally mandated programs that the Commission considers appropriate.
United States · United States Congress · 12 September 1991
Directs the Secretary of Veterans Affairs to designate the Assistant Secretary in the Department of Veterans Affairs (VA) whose functions include equal opportunity functions as the Chief Minority Affairs Officer. Outlines the duties of the Chief Minority Affairs Officer, including the following: (1) investigating and examining VA activities affecting minority group members who are veterans or who receive benefits from the VA; (2) assessing the needs of minority veterans within the VA; (3) advising the Secretary regarding the effect on minority veterans of policies, regulations, and programs of the VA and of methods to ensure that minority veterans are afforded an opportunity to participate fully in the activities and benefits of the VA; and (4) carrying out any other additional functions as the Secretary may prescribe. Requires the Secretary, no less than biennially, to report to the Congress a detailed description of: (1) any activities and policies of the VA relating to minority group members who are veterans or who receive benefits from the VA; and (2) the duties of the Chief Minority Affairs Officer.
United States · United States Congress · 12 September 1991
Extends nondiscriminatory treatment (most-favored-nation treatment) to the products of Estonia, Latvia, and Lithuania. Amends the Harmonized Tariff Schedule of the United States to remove their products from the column two duty rate.
United States · United States Congress · 11 September 1991
Area Health Education Centers Reauthorization Act of 1991 - Amends the Public Health Service Act to specify a term of six years for agreements establishing area health education centers (AHECs). Modifies the purposes of AHECs, including serving high-impact areas and States as well as border areas close to Mexico. Mandates, if available in the area, participation of a school of public health. Authorizes agreements for the planning, development, and operation of State-supported AHECs. Authorizes appropriations.
United States · United States Congress · 2 August 1991
Extends the presumption of service-connection, for purposes of eligibility for veterans' benefits and medical care, in the case of exposure to ionizing radiation, to include reserve members exposed to such radiation during active and inactive duty training. Expands the list of diseases presumed to be service-connected in the case of exposure to ionizing radiation to include cancer of the salivary tract and cancer of the urinary tract. Terminates the current presumptive period (the maximum period allowed before manifestation of the illness or disease occurs in order to be presumed to be service-connected and, therefore, covered as a veterans' benefit) of 40 years after participation in the radiation-related activity (30 years in the case of leukemia). Amends the Veterans' Dioxin and Radiation Exposure Compensation Standards Act to direct the Secretary of Veterans Affairs to establish guidelines and standards for the resolution of claims for benefits where a claim is based on a veteran's exposure to ionizing radiation. Directs the Secretary, in consultation with the Secretary of Defense, to identify not less than three activities in which individuals serving on active duty, or active or inactive duty training, have participated and which likely would have exposed such individuals to levels of ionizing radiation above background levels. Requires the Secretary to identify at least three additional activities no later than the beginning of FY 1993 through 1995. Requires the Secretary, immediately after identifying such an activity, to direct the Veterans' Advisory Committee on Environmental Hazards to evaluate and make a finding as to whether participation in such activity resulted in potentially harmful exposure to ionizing radiation. Requires reports from the Committee and the Secretary concerning such activities. Directs the Secretary to list each ionizing radiation exposure identified, unless the Secretary determines that the activity did not result in an opportunity for potentially harmful exposure to ionizing radiation.
United States · United States Congress · 2 August 1991
Amends the Federal Aviation Act of 1958 to direct the Administrator of the Federal Aviation Administration to publish and update clearly defined arrival and departure routes leading to and from airports located within and in close proximity to terminal control areas and airport radar service areas for the optional use of pilots operating under visual flight rules.
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
National Energy Efficient Lighting Education Act of 1991 - Directs the Secretary of Energy (the Secretary), within 12 months after enactment of this Act, to make grants to nonprofit institutions and universities (or a consortium of such entities) to establish one regional energy efficient lighting education and demonstration center (centers) in each of the ten regions served by a Department of Energy regional support office. Sets forth such centers' responsibilities, including functions relating to training of lighting professionals, information dissemination, and assistance for lighting engineering and technical programs and curricula. Sets forth requirements for grant applications, selection criteria, and matching funds. Directs the Secretary to establish a task force to: (1) oversee research and training carried out by grant recipients; (2) disseminate such research results; (3) review such programs; and (4) make recommendations for possible future programs. Directs the Secretary to report annually to the Congress on the activities of such centers. Authorizes appropriations for grants for such centers. Authorizes the Secretary to make matching grants to States to encourage State energy offices to supplement the activities of such centers in providing educational workshops to train local building owners, developers, and facility energy and financial managers regarding energy efficient lighting options. Requires such workshops to be conducted in cooperation with the center for the region in which the State is located and with technical assistance and educational material from such center. Gives preference for such grants to States in which a center has not been established. Sets limits on the amount of such a grant to any State. Directs the Secretary to report annually to the Congress on such educational workshops supported by State energy offices. Authorizes appropriations for such grants to States.
United States · United States Congress · 2 August 1991
Expresses the sense of the House of Representatives that it should be U.S. policy to maintain all sanctions and embargoes against Iraq until all Kuwaiti prisoners are released to the proper Kuwaiti authorities and an account is rendered for Kuwaiti deaths under Iraqi detention.
United States · United States Congress · 1 August 1991
Veterans Dignity in Health Care Act of 1991 - Grants veterans who are patients or residents in Department of Veterans Affairs (VA) medical centers, nursing homes, and domiciliaries the right to purchase and use tobacco products. Directs the Secretary of Veterans Affairs to ensure that: (1) each VA facility that maintains a commissary or canteen makes tobacco products available through, and provides patients or residents access to, the commissary or canteen; and (2) each VA facility maintains and provides patients or residents access to an indoor patient smoking area.
United States · United States Congress · 1 August 1991
Police Corps and Law Enforcement Training and Education Act - Establishes within the Department of Justice (DOJ) an Office of the Police Corps and Law Enforcement Education to be headed by a Director. Requires a State that desires to participate in the Police Corps program to designate a lead agency and submit a State plan containing assurances with respect to: (1) lead agency cooperation with other State and local agencies; (2) the State advertising of the assistance available; (3) State screening and selection of law enforcement personnel for participation in the program; and (4) compliance with other specified requirements. Authorizes the Director to award college scholarships (including direct payments to institutions and reimbursement of educational costs) to participants who agree to work for four years in a State or local police force after completion of a baccalaureate program and police corps training, subject to specified conditions. Sets forth provisions with respect to: (1) scholarship assistance for dependent children of law enforcement officers killed in the line of duty; (2) the selection of participants; (3) minority recruitment; and (4) leaves of absence. Requires the Director to establish programs to provide basic law enforcement training to State Police Corps program participants. Authorizes such programs to be carried out: (1) at up to three training centers established and administered by the Director; or (2) by contracting with existing State training facilities. Requires participants to attend two eight-week training sessions at such training centers and to meet certain performance standards in order to remain in the Police Corps program. Requires the Director to pay participants a weekly stipend during training. Provides for the swearing in of participants as members of the police force to which they are assigned after completing Federal training and meeting the requirements of that police force. Authorizes the Director, upon a showing of good cause, to permit a participant to complete the service obligation in an equivalent alternative law enforcement service, if the police force of which the participant is a member subjects the participant to discipline which would preclude completion of four years of service on that force. Requires a State, in order to participate in the Police Corps program, to submit a plan for implementing such program to the Director for approval. Requires such plan to: (1) include assurances that participants will receive effective training and leadership; (2) provide that program participants shall be assigned to community and preventive patrol in geographic areas with the greatest need for additional law enforcement personnel; and (3) prohibit participant assignment to any local police force whose size has declined by a specified portion or which has members who have been laid off but not retired. Requires the Director to report annually on the Police Corps program to the Attorney General, the President, and specified congressional officials. Authorizes appropriations.
United States · United States Congress · 1 August 1991
Insurance Fraud Prevention Act of 1991 - Amends the Federal criminal code to establish penalties for persons engaged in the business of insurance whose activities affect commerce, who: (1) knowingly make a materially false statement or report or willfully overvalue land, property, or security in connection with reports or documents presented to an insurance regulatory official or agency, or to any agent or examiner (official) appointed to examine the affairs of such person for the purpose of influencing in any way the actions of such official; (2) embezzle or willfully misappropriate funds or property while acting as an officer, director, agent, or employee (officer) of such person; (3) knowingly make a false entry of material fact in any book, report, or statement of such person with intent to deceive any person about the financial condition or solvency of such business, or to deceive any officer of such person or any insurance regulatory official; and (4) by threats or force, corruptly influences, obstructs, or endeavers corruptly to influence or obstruct the proper administration of the law under which a proceeding (involving the business of insurance whose activities affect interstate commerce) is pending before an insurance regulatory official to examine the affairs of such person. Authorizes the Attorney General to seek civil penalties and injunctions for violations of this Act. Sets penalties for obstructing criminal investigations with respect to the prosecution of cases of insurance fraud.
United States · United States Congress · 1 August 1991
Military Fish and Wildlife Refuge Act of 1991 - Mandates: (1) notice to the Secretary of the Interior of any formal proposal to close a military installation; (2) transfer to the Department of the Interior, without compensation, of any of that real property appropriate for inclusion in the National Wildlife Refuge System; (3) inclusion of the property in the System; and (4) reversion of the property to the Department of Defense, if needed for national security.
United States · United States Congress · 31 July 1991
Amends the Communications Act of 1934 to prohibit a cable operator from charging a subscriber for any individually-priced channel of video programming or for any pay-per-view video programming that the subscriber has not affirmatively requested.
United States · United States Congress · 31 July 1991
Amends the National Park Foundation Act to authorize the National Park Foundation to: (1) design and license an Official Sponsor of America's National Parks symbol and symbols for Official Sponsor of various individual national park units; and (2) establish an annual license fee for the use of such symbol by any private corporation. Limits the number of corporations licensed to manufacture or use the symbol. Permits moneys received by the Foundation under this Act to be expended only for resource management and improvement of services and facilities within the national park system. Provides for civil penalties for unauthorized uses of the symbol. Designates the 25th day of August of each year as National Park Day.
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 · 30 July 1991
Cites conditions under which the Secretary of Energy must disregard costs related to the decommissioning of nuclear facilities, or nuclear waste disposal, when evaluating contract bids to perform nuclear hot cell services.
United States · United States Congress · 30 July 1991
Access to Obstetrical Care Act of 1991 - Requires the Secretary of Health and Human Services to provide for demonstration projects to reduce infant mortality by improving access in underserved areas to obstetric services for eligible pregnant women under title XIX (Medicaid) of the Social Security Act. Amends the Public Health Service Act to: (1) deem any officer, employee, or contractor of an entity receiving Federal funds, under provisions relating to migrant and community health centers and health services for the homeless, and who is a licensed health care practitioner to be an employee of the Public Health Service; and (2) subrogate to the United States any medical malpractice claim of such employee. Requires such entities to take certain actions regarding malpractice. Directs the Secretary of Health and Human Services to: (1) develop and make available to the public each year a compendium of State initiatives to address the obstetric access crisis; and (2) provide funding for a study, and report to the Congress on, obstetrical malpractice claims payment by Medicaid and private insurance companies.
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 · 29 July 1991
Recognizes and grants a Federal charter to the Military Order of the World Wars, a nonprofit corporation organized under the laws of the District of Columbia.
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 · 25 July 1991
Tire Recycling and Recovery Act of 1991 - Amends the Solid Waste Disposal Act to require States to submit scrap tire management plans to the Administrator of the Environmental Protection Agency. Sets forth plan approval procedures. Requires the Administrator to: (1) convene a forum of Federal, State, and local authorities and experts in the field of scrap tire management to discuss the requirements of this Act; (2) distribute guidelines and a model plan to States; (3) review approved plans and audit plans periodically; and (4) promulgate plans for States that fail to do so. Sets forth plan requirements and declares that plans must: (1) address the reduction and elimination of existing scrap tire piles that contain more than 3,000 scrap tires; (2) address current and future disposal, recycling, recovery, and reuse of scrap tires; and (3) provide for the issuance of permits to owners or operators of scrap tire collection sites and others who handle scrap tires. Authorizes the Administrator to provide financial assistance to States for purposes of conducting surveys of scrap tire piles and for developing and implementing tire plans. Grants a preference for assistance to applicants who have shown progress in eliminating such piles. Sets forth assistance application procedures. Permits States to apply for assistance in conjunction with neighboring States. Prohibits: (1) the disposal of scrap tires in a landfill, monocell, or monofill; (2) the operation of collection sites, except in compliance with specified regulations; (3) the storage of more than 3,000 scrap tires for more than 60 days at collection sites, unless necessary for further reuse, recovery, or recycling; (4) the commingling of new scrap tires with existing scrap tire piles; (5) the transfer of control over scrap tires for transportation to a collection site to a transporter without a permit; and (6) the operation and maintenance of a pile or collection site, or the delivery or receipt of scrap tires for storage or disposal at a collection site, except in compliance with a permit. Exempts specified persons from such prohibitions if no threat of an adverse effect on human health or the environment will result from the exemption. Authorizes the Administrator to impose alternative requirements as a condition for an exemption. Authorizes civil penalties or civil actions for violations of this Act. Prescribes criminal penalties for knowing violations. Directs the Administrator to prepare guidelines for the Federal procurement of items that make use of rubber from scrap or used tires. Requires the Administrator, together with the heads of appropriate Federal agencies, to: (1) determine the extent of scrap tire piles on Federal property; and (2) implement a plan for, and report to the Congress on, the abatement of such piles. Repeals a provision concerning grants for discarded tire disposal.
United States · United States Congress · 25 July 1991
Resolution Trust Corporation Public Audit Act - Makes funds provided to cover losses incurred by the Resolution Trust Corporation (RTC) as conservator or receiver unavailable until completion of the General Accounting Office audit of the RTC's 1990 operations.
United States · United States Congress · 24 July 1991
Amends the National Trails System Act to designate the American Discovery Trail extending from Pt. Reyes, California, through Nevada, Utah, Colorado, Kansas, Missouri, Illinois, Indiana, Ohio, West Virginia, the District of Columbia, and Maryland to Cape Henlopen State Park, Delaware, for study for potential addition to the National Trails System.
United States · United States Congress · 24 July 1991
Toxic Cleanup Equity and Acceleration Act of 1991 - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to absolve municipalities or other persons from liability to any person other than the United States for claims of contribution or other response costs or damages related to the generation or transportation, or arrangement for the transportation, treatment, or disposal of municipal solid waste or sewage sludge unless there is a basis for liability under provisions governing owners or operators. Prohibits the President from initiating or maintaining an action against any person (other than owners or operators) in the absence of exceptional circumstances. Provides that exceptional circumstances exist where the President obtains evidence that: (1) the release of hazardous substances on which liability is based is not that ordinarily found in municipal solid waste or sewage sludge and the hazardous substances were derived from a commercial, institutional, or industrial process or activity; (2) the total contribution to the site of hazardous substances from such activities is insignificant in terms of volume and toxicity when compared to the volume and toxicity of the municipal solid waste and sewage sludge; or (3) absent the contribution of such substances, the contribution of hazardous substances from the municipal solid waste and sewage sludge would be a significant cause of the release that will result in the response action. Authorizes the President, when the release involves trash from commercial, institutional, or industrial sources, to require persons handling such materials to provide evidence that the general composition and toxicity of the trash are similar to those of waste generated by households. Authorizes a municipality, whenever an administrative or judicial action is brought against the municipality for acts or omissions concerning the handling of municipal solid waste or sewage sludge, to request the President to settle the municipality's potential liability for response costs or damages to natural resources. Prohibits an action from being commenced or pursued during the period the President is considering the settlement request. Limits permissible reasons to fail to reach a settlement to one or more of the following: (1) the settlement offer from the municipality does not meet the cost allocation criteria; (2) the municipality refuses to agree to settlement terms required in consent decrees; or (3) insufficient information exists to permit a cost allocation. Provides that if the President completes a settlement with a party other than the municipality requesting a settlement, such settlement creates a rebuttable presumption that the President cannot invoke insufficient information as a reason for failing to settle with the municipality concerning matters addressed in the other party's settlement. Provides that settlements shall: (1) require the municipality to pay for costs based on the quantity of hazardous constituents in municipal solid waste and sewage sludge, subject to a certain condition; (2) limit a municipality's payments if such payments would force a municipality to dissolve, declare bankruptcy, or default on debt obligations; and (3) be reached even in the event that a municipality may be liable for response costs or damages in other actions. Requires the President to provide a covenant not to sue with respect to the facility concerned to any municipality which has entered into a settlement. Directs the President to prepare a nonbinding preliminary allocation of responsibility (based on the quantity of hazardous constituents in municipal solid waste and sewage sludge) upon the request of a municipality. Applies this Act to all administrative or judicial actions commenced before this Act's effective date, unless a final court judgement has been rendered or a court-approved settlement agreement has been reached.
United States · United States Congress · 22 July 1991
Petroleum Marketing Competition Enhancement Act - Amends the Petroleum Marketing Practices Act to prohibit a refiner from: (1) selling motor fuel to a customer for resale (customer) at a price higher than the refiner's adjusted retail price for the same or a similar grade or quality of motor fuel sold from a direct operated outlet in the same geographic area (sale of fuel at higher prices); and (2) entering into a scheme or agreement to set, change, or maintain maximum retail prices of motor fuel, except with respect to a refiner's retail sales at its direct operated outlets. Requires that: (1) in comparing a refiner's adjusted retail price to a refiner's price to other customers, adjustments be made to account for differences in freight, taxes, and inspection fees, whether or not the items are separately listed as part of the price; and (2) if a refiner includes consumer credit as part of its price, an adjustment for the cost of such credit be made in comparing the prices. Sets forth enforcement provisions, including: (1) proceedings by the Attorney General (establishes fines ranging from $5,000 to $25,000 for each violation, and authorizes civil actions and equitable relief); (2) private civil actions, including class actions, (and establishes a right to jury trial); and (3) proceedings by State attorneys general. Allows a person bringing an action to enforce provisions concerning the sale of fuel at higher prices to establish a prima facie case by showing that the refiner has sold motor fuel to a customer at a price that is higher than: (1) 94 percent of its consumer retail price per gallon (or, in the event of a sale to a branded wholesaler, 90 percent); or (2) the refiner's consumer retail price per gallon less the most recently available average retail operating expenses per gallon (and, in the event of a sale by a refiner to a branded wholesaler, also less the most recently available average wholesale operating expenses per gallon for the State in which the consumer retail price was charged). Specifies that: (1) in the event that the relevant State has not conducted an annual survey (pursuant to this Act) to determine the average retail or average wholesale operating expenses, the average operating expenses for the retail and wholesale petroleum industry, as determined by the Secretary of Energy, shall be used; and (2) such prima facie case may be overcome by a preponderance of evidence that the refiner's actual retail and average wholesale operating expenses, if applicable, are less than the evidence presented by the plaintiff to establish such prima facie case. Directs the Secretary to conduct an annual survey to determine the average retail and average wholesale operating expenses per gallon for the petroleum industry. Permits a State or State agency to authorize an annual State survey to reflect local conditions with respect to motor fuels sold to the public in that State. Directs that any such survey regarding: (1) retail operating expenses and actual wholesale operating expenses be based upon all direct and indirect expenses attributable to the sale of a gallon of motor fuel to the public by direct and nondirect operated outlets; and (2) wholesale operating expenses be based on all direct and indirect expenses attributable to the wholesale sale of a gallon of motor fuel by a refiner or a branded wholesaler to a branded dealer.
United States · United States Congress · 18 July 1991
Rural Crime and Drug Control Act of 1991 - Title I: Fighting Drug Trafficking in Rural Areas - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize appropriations, and increase the base allocation, for rural drug enforcement assistance. Directs the Attorney General to establish a Rural Drug Enforcement Task Force in each of the Federal judicial districts which encompass significant rural lands. Specifies the membership of such task forces. Directs the Attorney General to cross-designate up to 100 Federal officers with jurisdiction to enforce Controlled Substances Act (CSA) provisions on non-Federal lands to the extent necessary to effect the purposes of this title. Requires the Director of the Federal Law Enforcement Training Center to develop a specialized course of instruction devoted to training law enforcement officers from rural agencies in the investigation of drug trafficking and related crimes. Authorizes appropriations. Title II: Federal Law Enforcement Agencies - Authorizes appropriations for the Drug Enforcement Administration (DEA) to hire, equip, and train not less than 350 agents and necessary support personnel to expand DEA investigations and operations against drug trafficking organizations in rural areas. Title III: Increasing Penalties for Certain Drug Trafficking Offenses - Ice Enforcement Act of 1991 - Amends the CSA to increase penalties for specified offenses involving crystalline methamphetamine. Title IV: Rural Drug Treatment - Amends the Public Health Service Act (PHSA) to require the Secretary of Health and Human Services to establish a program to provide grants to hospitals, community health centers, and other appropriate entities that serve nonmetropolitan areas to assist in developing and implementing projects that provide, or expand the availability of, substance abuse treatment services. Authorizes appropriations. Title V: Rural Drug Prevention - Directs the Secretary to make grants to public and nonprofit private entities that serve nonmetropolitan areas to assist such entities in developing and implementing projects that provide, or expand the availability of, substance abuse prevention services. Authorizes appropriations. Requires the alcohol and drug abuse information clearinghouse required to be established under the PHSA to: (1) gather information pertaining to rural drug abuse treatment and education projects funded by the Administrator of the Alcohol, Drug Abuse, and Mental Health Administration and other such projects operating throughout the United States; and (2) disseminate information to rural hospitals, community health centers, community mental health centers, treatment facilities, community organizations. and other interested individuals. Title VI: Rural Land Recovery Act - Specifies that each of the Rural Drug Enforcement Task Forces shall include one Director of Rural Land Recovery. Directs State and Federal prosecutors, when bringing charges against the operators of such laboratories, to include, in addition to drug-related charges, counts involving infringements of applicable environmental protection laws, including illegal disposal of hazardous waste and knowing endangerment of the environment. Authorizes such prosecutors and private citizens to bring suit against the operators of such laboratories for environmental and health-related damages caused by the operators in their manufacture of illicit substances.
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 · 15 July 1991
National Plastics Recycling Research and Development Act of 1991 - Requires the Administrator of the Environmental Protection Agency to: (1) establish three National Plastics Recycling Research and Development Centers at institutions of higher education; and (2) make grants to such Centers in the amount of 50 percent of the funds required to conduct assigned activities. Authorizes appropriations. Directs the Secretary of Commerce, acting through the Director of the National Institute of Standards and Technology, to establish the National Clearinghouse on Plastics Recycling, to be located at one of the Centers. Authorizes appropriations.
United States · United States Congress · 11 July 1991
Community Right-To-Know More Act of 1991 - Amends the Solid Waste Disposal Act to revise congressional findings, objectives, and national policy provisions. Title I: Expansion of Toxics Release Inventory - Requires owners or operators of facilities subject to toxic chemical release requirements under the Emergency Planning and Community Right-To-Know Act of 1986 that meet threshold requirements under this Act to include supplemental information comparable to that required in toxic chemical release forms for transfers or releases of chemicals that are: (1) priority pollutants relating to steam electric power point source pollutants under the Federal Water Pollution Control Act; (2) specified hazardous wastes listed under the Solid Waste Disposal Act; (3) specified chemicals listed under the Clean Air Act; (4) pesticides with respect to which the registration has been denied, cancelled, or is under suspension or pesticides undergoing administrative review or that are classified for restricted use; (5) chemicals listed under the Safe Drinking Water Act for which maximum contaminant levels have been proposed; (6) chemicals identified as carcinogens by the Carcinogen Assessment Group of the Environmental Protection Agency (EPA), the International Agency for Research on Cancer, or the National Toxicology Program; (7) extremely hazardous substances listed pursuant to the Emergency Planning and Community Right-To-Know Act of 1986; (8) chemicals listed in 90 California Regulatory Notice Register 990 as reproductive toxins; or (9) listed under the Emergency Planning and Community Right-To-Know Act of 1986 that are not used at a level that meets threshold requirements for reporting but are released to the environment or transferred to an offsite waste management facility in amounts meeting the threshold under this Act. Provides that a facility meets the threshold requirements with respect to a chemical listed under this Act if the facility: (1) uses the chemical at a level that meets the threshold requirement for reporting under the Emergency Planning and Community Right-To-Know Act of 1986; or (2) releases to the environment or transfers to an offsite waste management facility a chemical in an amount greater than or equal to 100 pounds annually in the case of metals or metal compounds or 2,000 pounds annually for any other chemical. Authorizes the EPA Administrator to establish lower thresholds for any chemical, user segment, or facility. Permits authorized States to establish lower thresholds for facilities in their jurisdictions. Authorizes the Administrator to delete a carcinogen or reproductive toxin from the list under this Act if it is not otherwise listed under this Act or the Emergency Planning and Community Right-To-Know Act of 1986. Applies toxic chemical release reporting requirements to facilities employing at least ten full-time employees that are not currently subject to such requirements, but meet threshold reporting requirements under this Act or the Emergency Planning and Community Right-To-Know Act of 1986. Title II: Toxics Use Reduction - Requires owners or operators of covered facilities to submit: (1) annual toxics use reduction reports for each covered chemical for which such facilities are required to file toxic chemical release forms or supplemental information pursuant to title I; and (2) annual plans for reducing the use of covered chemicals. Sets forth report and plan requirements and submission deadlines. Authorizes the Administrator to modify such plans. Requires the Administrator to establish an advisory board to determine a professional code of practice for toxics use reduction materials accounting and planning. Directs owners or operators of facilities in violation of standards, permit conditions, or regulations pertaining to the management or release of covered chemicals, upon the request of 50 citizens or employees, to establish a workplace toxic use reduction committee to provide ongoing dialogue and appraisal of the progress toward pollution prevention. Requires the committee to meet at least quarterly to review a facility's progress on toxics use reduction. Directs the Administrator to implement a strategy to promote toxics use reduction. Requires the Administrator, Federal agencies, and States or political subdivisions, in issuing or approving regulatory action under specified environmental, consumer protection, occupational health and safety, and energy Acts, to make toxics use reduction an integral part of the planning, decisionmaking, and rulemaking process. Authorizes the Administrator to require owners or operators of facilities to provide records and information and grants the Administrator access to records, products, or raw materials. Requires the Administrator to establish a technical assistance and research program to promote and study toxics use reduction. Directs the Administrator to analyze information on production units reported by facilities for purposes of classifying such units into groups that use similar production processes and covered chemicals. Authorizes the Administrator to classify such units into groups on the basis of industrial categories according to Standard Industrial Classification codes. Requires the Administrator to: (1) classify ten groups, to be referred to as user segments; (2) evaluate the reduction in the use and generation of covered chemicals by each production unit in each user segment; and (3) prepare and make available to the public an annual percentile ranking of each unit according to use and generation as byproduct. Authorizes the Administrator to promulgate regulations to establish minimum toxics use reduction performance requirements for production units in user segments. Sets forth regulation requirements. Applies provisions of the Emergency Planning and Community Right-To-Know Act of 1986 concerning trade secrets, the provision of information to health professionals, and public availability of information to toxics information under this Act. Waives Federal facility compliance with toxics use reduction and reporting requirements upon the request of the Secretary of Defense and the President's determination that such waiver is in the interest of national security. Directs the Administrator to study and report to the appropriate congressional committees on methods of encouraging the reporting of toxics information through the use of computer telecommunication and other means. Requires the Director of the Office of Technology Assessment to study and report to the Administrator and the Congress on the provision to the public of toxic release inventory information and related information required to be submitted to the Administrator. Prescribes civil and administrative penalties for violations of toxics use reduction and reporting requirements. Sets forth provisions concering civil actions with respect to such violations. Requires the Administrator to establish a grant program to assist States and local governments in establishing innovative toxics use reduction programs. Directs States to make 75 percent of a grant available to local governments for carrying out toxics use reduction. Bases the awarding of grants on the extent to which chemical substances are manufactured, processed, used, and disposed of in a State, the extent of exposure to such substances in a State, and the population density of a State. Authorizes appropriations for such grants and for toxics use reduction under this Act. Requires the Administrator to: (1) implement a procurement policy that reduces, avoids, or eliminates the acquisition of agency procurement items made with or containing covered chemicals and hazardous secondary materials; and (2) make recommendations to the Congress for a national toxics use reduction procurement policy covering all procuring agencies, Federal facilities, and government contractors. Amends the Pollution Prevention Act of 1990 to increase the amounts authorized to be appropriated for functions under such Act and to increase and extend the authorization of appropriations for technical assistance grants to States. Title III: Waste Stream Reporting - Amends the Solid Waste Disposal Act to revise recordkeeping and reporting requirements for hazardous waste generators. Directs hazardous waste generators to report annually to the Administrator and authorized State agencies on the quantity of hazardous waste generated from each catastrophic event, remedial action, or one-time event not associated with production processes. Sets forth reporting requirements for generators of solid waste in amounts in excess of 11,000 pounds a month and for facilities managing solid and certain special wastes generated by fossil fuels combustion, mining, and activities involving cement kilns. Reqiures the Administrator to: (1) maintain publicly accessible databases for hazardous, solid, and special waste stream data reported under this Act; (2) make the data accessible on a cost reimbursable basis; and (3) report to the Congress on links between EPA databases and changes that would facilitate links between all major EPA operations.
United States · United States Congress · 27 June 1991
Electricity Policy Act of 1991 - Exempts independent power producers from the provisions of the Public Utility Holding Company Act of 1935. Amends the Federal Power Act to authorize the Federal Energy Regulatory Commission to order transmission services under specified circumstances.
United States · United States Congress · 27 June 1991
Directs the Secretary of Veterans Affairs to conduct ten demonstration projects to examine the feasibility of broader use of arrangements for the sharing of health-care resources with other Federal health-care providers. Requires the Secretary to enter into agreements for such demonstration projects with the Secretaries of Defense and Health and Human Services with respect to facilities, providers, and beneficiaries of health care. Requires each demonstration project to be carried out through a sharing agreement between the Secretary and one of the other named Secretaries with respect to care and services provided by a particular Department of Veterans Affairs medical facility. Requires medical centers selected for the demonstration projects to be located in rural and urban areas in different regions of the country. Provides for the reciprocal provision of health-care services by medical centers participating in the project, as well as for reciprocal reimbursement for services provided. Directs the Secretary to evaluate the demonstration projects on an ongoing basis and to submit two annual reports on such evaluation to the Congress. Authorizes appropriations.
United States · United States Congress · 27 June 1991
Amends the Internal Revenue Code to provide for the nonrecognition of gain on property held for at least ten years which is involuntarily converted as the result of the exercise of eminent domain, without regard to whether the replacement property is similar or of like kind.
![Official portrait of Rep. Payne, Lewis F., Jr. [D-VA-5]](https://www.congress.gov/img/member/p000152_200.jpg)