United States · United States Congress · 24 September 1991
Children and Pregnant Women Health Insurance Act of 1991 - Title I: Requiring Employers To Provide Health Insurance Coverage For Pregnant Women And Children - Amends the Social Security Act to: (1) add a new title XXI under which employers are required to either enroll their employees and family members in a qualified employer health plan or provide information to the State in which such individuals reside for enrollment instead in the new universal State health insurance plan (the State plan) created below. Amends the Internal Revenue Code to: (1) impose a premium tax on employers who fail to enroll their employees and family members in a qualified employer health plan and on such employers' employees, with employers paying as their portion of such tax 3.2 percent of each individual employee's wages and employees paying as their portion one percent of their wages for coverage provided under the State plan; (2) impose an excise tax (set at $100 per day) on those employers who fail to provide to the applicable State the information for enrollment under the State plan; and (3) set forth special rules and exceptions applicable in the imposition of such premium and excise taxes. Sets forth, under new title XXI of the Social Security Act, the 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 and tax payments beginning on January 1, 1993 for employers with more than 100 employees. Requires that as of January 1, 1996 all employers must provide coverage or pay the premium tax for coverage under the State plan. Allows the qualified employer health plan under which the employer must provide coverage to be either a private health plan or a self-insured plan, dependent upon the employer's size. Outlines requirements for qualified employer health plan premiums and cost-sharing, including limitations on the amount that may be charged for premiums. Sets forth in the next two paragraphs below the requirements for which the Secretary must develop standards to certify a health plan as a qualified employer health plan. Requires the Secretary to: (1) establish procedures for the periodic review and recertification of plans as qualified employer health plans; and (2) terminate the certification of any such plan that no longer meets such requirements. Requires employers to provide their employees and family members with a health benefit package that at least mirrors the services mandated under the State plan. Outlines plan requirements respecting: (1) treatment of employee families; (2) period of coverage; (3) health plan cards; (4) limits on pre-existing condition exclusions and coverage standards for required health services; (5) limits on cost-sharing; (6) payment rates; (7) coordination and portability of health insurance coverage; (8) notification of premium subsidies for low-income individuals and other disclosures for consumers; (9) expense accounting; (10) grievance procedures; (11) certain physician incentive plans; (12) enrollee financial protection; and (13) use of uniform claims forms. Prohibits certain State benefit and coverage rules under a qualified employer health plan. Sets forth the definitions of terms used in this title. Makes the provisions of this title inapplicable to an employee who is not a resident of one of the 50 States or the District of Columbia. Title II: Provision of Health Insurance For Pregnant Women And Children Through State Children And Pregnant Women Health Plans - Amends the Social Security Act to add a new title XXII under which each State is required to establish and maintain a health insurance plan (the State plan) under which pregnant women and children and other individuals lawfully residing in the State who have not already been enrolled as a result of their connection to the work force or are not already covered under a qualified employer or Federal health plan are eligible to enroll for the health and other services outlined below. Requires each State to also establish and maintain a program under which low-income individuals enrolled in any of the health plans mentioned above will be eligible to apply for assistance to limit or eliminate their financial obligations for premiums, deductibles, and co-payments, depending upon the type of plan in which such individuals are enrolled. Provides that if a State fails to establish and maintain the plan mandated above under new title XXII, the Secretary of Health and Human Services shall establish and maintain one for it and the State shall be liable to the Secretary for a specified portion of the amount the Secretary determines the State would have been required to expend to establish and maintain such a health insurance plan. Sets forth provisions detailing the application process for enrollment under the State plan. Requires the State plan to provide for a coverage period that mirrors the coverage period specified for qualified employer health plans. Requires individuals who are eligible to enroll in the State plan but have not applied for enrollment by January 1, 1996 to be automatically enrolled on a retroactive basis and subjected to a penalty of twice any premiums otherwise due. Requires the State plan to provide for payments for the following services: (1) specified preventive care services, including routine immunizations and prenatal care, for children and pregnant women, furnished in accordance with applicable periodicity schedules to be established by the Secretary and without application of deductibles or co-payments; (2) specified major medical services, subject to such deductibles and co-payments as the State may impose in accordance with specified limitations; (3) specified extended medical services, including mental health services, provided only in accordance with a plan of care and subject to such deductibles and co-payments as the State may impose in accordance with specified limitations; (4) outreach services to link low-income enrolled individuals with such required health services without application of deductibles or copayments; and (5) at the option of the State, social services without application of deductibles or co-payments. Directs the Secretary to establish standards with respect to such required health services for application under new titles XXI and XXII of the Social Security Act. Prohibits a State from imposing any limitation on the amount, duration, or scope for such required health services. Allows individuals covered under the State plan to choose any qualified plan provider or practitioner to obtain such required health services. Incorporates the use of Medicare (title XVIII of the Social Security Act) payment rates for reimbursing providers for required health services and requires the Secretary to adjust such rates to take into account differences in the Medicare population and the population receiving benefits under State or qualified employer plans. Provides that in the case of required health services for which payment may not be made under Medicare, the Secretary shall establish payment rules similar to those used under Medicare for application under State plans. Requires each State to establish adequate payment rates with respect to outreach and social services. Sets the maximum annual deductible and co-payment amount for major medical services and extended medical services. Sets an overall annual limit on cost-sharing for such medical services. Applies new title XXI qualified employer health plan requirements relating to the treatment of family members, coverage period, health plan cards, and coordination and portability of health care coverage to State plans in the same manner as they apply to qualified employer plans. Sets forth provisions for: (1) determining the amount of premiums to be charged individuals not connected to the work force and individuals who are employed on a part-time, seasonal, or temporary basis; and (2) collecting current and delinquent premium payments. Creates in the Treasury the Federal Children and Pregnant Women Health Insurance Trust Fund (the Fund) to receive the funds generated from the premium and excise taxes imposed above as well as from other specified revenues dedicated to the support of the State plan. Outlines provisions regarding Fund transfer payments in the case of multiple employers. Requires each State plan to provide for submission of claims based on uniform forms developed by the Secretary. Requires that payments from the Fund to reimburse States for health and other service and administrative expenditures be made in accordance with rules similar to those used for reimbursement under Medicaid (title XIX of the Social Security Act). Details the assistance mentioned above to be provided to low-income individuals and the application process to obtain such assistance. Sets forth administrative provisions applicable to the State plan, including provisions authorizing States, subject to the approval of the Secretary, to conduct demonstration projects to: (1) improve the delivery and quality of health care services under new title XXII; and (2) increase the efficiency and effectiveness of the methods for paying for such services. Sets forth the definitions of terms used in this title. Makes the provisions of this title inapplicable to an individual who is not a resident of one of the 50 States or the District of Columbia. Amends the Medicaid program to provide for coordination between State plans and Medicaid plans. Title III: Health Insurance Reform For Small Employers - Amends the Social Security Act and the Internal Revenue Code to, respectively: (1) add a new title XXIII under which health insurance plans provided by small employers (small employer plans) must be ascertained as meeting the standards established below in order to be issued, avoid loss of their qualified status under new title XXI, and escape disqualification from State plan administration under new title XXII; and (2) impose an excise tax (set at 50 percent of all gross health plan premiums received during the taxable year) on the issuer of a small employer plan which fails to meet such standard, with specified exceptions. Directs the Secretary to request the National Association of Insurance Commissioners (NAIC) to: (1) develop specific standards to implement the requirements set forth in the next paragraph below which small employer plans must be certified by the Secretary as meeting if the State has not established a regulatory program for applying such standards to such plans (program); and (2) report to the Secretary on such development. Provides that if NAIC fails to develop and report on such standards or the Secretary finds that such standards do not implement such requirements, the Secretary must develop such standards. Specifies additional program elements. Subjects programs to periodic review by the Secretary for determining their compliance with such elements and in applying such NAIC standards. Requires periodic program audits by the General Accounting Office. Requires any carrier which offers a small employer plan to register with the applicable State regulatory authority. Requires that such carriers offer the same plans to all small employers within their individual service areas. Details separate requirements with respect to the treatment of health maintenance organizations. Prohibits a carrier from offering to, or issuing with respect to, a small employer a small employer plan with a term of less than 12 months. Requires that small employer plans be guaranteed renewable, with specified exceptions. Details notice and other requirements applicable to renewals, including the requirement that the period of renewal for each small employer plan shall be for a period of not less than 12 months. Declares that no small employer plans may discriminate on the basis of health status, claims experience, receipt of health care, medical history, or lack of evidence of insurability of an individual. Requires that the premiums for all small employer plans of the same entity 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 differently based on health or risk status; and (2) actuarially certified each year. Requires small employer plan premiums within a block of business to be community-rated for a given geographical area. Sets limits on premium reference rate variation among blocks of business, with specified exceptions. Allows a small employer plan carrier, for purposes of establishing premiums for small employer plans with similar coverage, to establish blocks of business only on the basis of specified criteria. States that no small employer plan may be issued unless it: (1) provides for a minimum benefit package that mirrors the health services required under new title XXII; (2) prohibits cost-sharing with respect to such benefits in excess of allowable limits; and (3) includes such additional items and services as the carrier can demonstrate will facilitate appropriate hospital discharges or avoid unnecessary hospitalization. Sets forth miscellaneous disclosure and recordkeeping requirements for small employer health plans. Makes this title inapplicable outside the 50 States or the District of Columbia. Sets forth the definitions of terms used in this title.
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
State Solid Waste Management Act - Amends the Solid Waste Disposal Act to authorize each State to enact and enforce laws: (1) regulating the treatment, disposal, and other disposition of solid waste within such State, including imposing fees; and (2) banning the importation of solid waste beginning five years after enactment of this Act if the State has an approved solid waste management plan. Authorizes two or more States to negotiate an agreement or compact, not in conflict with a Federal law or treaty, to provide for the treatment, disposal, or other disposition of solid waste (but no such agreement or compact shall take effect until approved by the Congress). Exempts specified waste from such regulation. Requires State solid waste management plans to require that the State: (1) identify the amount of solid wastes by waste type that are reasonably expected to be generated within the State or accepted from another State during the 20-year period following enactment of this Act; (2) identify the amount of solid waste to be reduced during such 20-year period through source reduction, recycling, and resource recovery; and (3) establish a process to assure the availability of solid waste treatment storage and disposal facilities permitted under such Act. Requires a State, when identifying the amount of solid waste management capacity necessary for the solid waste identified, to take into account solid waste management compacts in effect on the date of the enactment of this Act within the State and one or more States. Requires that a State solid waste management plan: (1) include procedures for the development of new and expanded solid waste management facilities, including the establishment of a process for the siting, and a schedule for the approval and construction, of such facilities; (2) describe solid waste management practices and programs, based on the State's environmental and economic conditions, to promote source reduction and recycling; (3) set forth specified recycling goals; (4) identify existing State and regional markets for recyclable materials and actions that the State will take to promote and develop recycling markets; (5) provide for a program requiring all solid waste management facilities to register with the State and that only registered facilities may manage solid waste identified in the plan; (6) identify and coordinate the responsibilities of State, local, and regional authorities; (7) provide for technical and financial assistance to local communities to meet plan requirements; and (8) specify the conditions under which the State will authorize a person to accept solid waste from other States, for purposes of solid waste management other than transportation, and ensure that such waste is managed in accordance with the plan and that acceptance of such waste will not impede the ability of the State of final destination to manage solid waste generated within its borders. Sets forth additional plan requirements, unless the State demonstrates that their inclusion is impracticable, including: (1) a policy requiring the State and its political subdivisions to procure products made with recyclable materials; and (2) a program to encourage composting. Sets forth plan submission and approval procedures. Authorizes the Administrator of the Environmental Protection Agency to develop a plan for any State that fails to do so. Requires the Administrator to provide financial assistance to States for solid waste management, source reduction, or recycling activities. Authorizes the Administrator to award matching grants for creating and supporting innovative techniques for the recycling of solid waste. Prohibits the receipt of more than one grant and places a ceiling on the amount for a single recipient. Authorizes appropriations.
United States · United States Congress · 24 September 1991
Congressional Pay For Performance Act - Provides that if the Congress has not passed all general appropriation bills before the beginning of a fiscal year, then the permanent appropriation for the compensation of Members of Congress shall not be effective for such fiscal year. Prohibits the House of Representatives or the Senate from considering the legislative branch appropriation bill for any fiscal year until other general appropriation bills for such fiscal year have been presented to the President.
United States · United States Congress · 24 September 1991
Expresses the sense of the House of Representatives that the President should: (1) communicate to the leaders of the Chinese Government the concern of the United States for the welfare of Wang Juntao and Chen Ziming (founders of the Beijing Social and Economic Science Research Institute); and (2) call for the immediate release of such individuals from prison to permit them to receive proper medical treatment.
United States · United States Congress · 17 September 1991
Glass Ceiling Act of 1991 - Establishes the Glass Ceiling Commission to conduct a study and prepare recommendations concerning: (1) eliminating artificial barriers to the advancement of women and minorities; and (2) increasing opportunities and developmental experiences of women and minorities to foster advancement of women and minorities to management and decisionmaking positions in business. Establishes the National Award for Diversity and Excellence in American Executive Management. Allows a recipient business to 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 regarding management and decisionmaking positions. Authorizes appropriations. Terminates the Commission and the authority to make awards four years after enactment of this Act.
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 · 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
United States Flag Cruise Ship Competitiveness Act of 1991 - Amends Federal law (commonly referred to as the Johnson Act) relating to transportation of gambling devices to exclude from the definition of interstate commerce, transportation from a State to the same State through a place outside that State when such commerce may only be conducted through points not in that State. Repeals all of a specified Federal law (commonly referred to as the Gambling Ship Act) except provisions relating to the transmission of wagering information. Makes unlawful certain actions in connection with a vessel which has any gaming establishment aboard unless in compliance with certain regulations, including registration with the Attorney General and licensing by a State. Provides for certification by the Attorney General of State procedures.
United States · United States Congress · 2 August 1991
Amends title XVIII (Medicare) of the Social Security Act to eliminate the annual cap on the amount of payment for outpatient physical therapy and occupational therapy services under part B (Supplementary Medical Insurance).
United States · United States Congress · 2 August 1991
Denies Environmental Protection Agency (EPA) benefits for ten years to any person: (1) convicted of violating a Federal environmental law; or (2) found to have held a beneficial business interest in a business concern required to be listed on a disclosure statement under this Act and convicted of violating a Federal environmental law. Prohibits the EPA Administrator from denying benefits to any person who demonstrates that he has been rehabilitated. Requires the following persons to file disclosure statements with the Administrator: (1) Federal environmental permit applicants; (2) applicants for EPA loans, grants, or other benefits; or (3) persons submitting contract bids or competitive proposals to EPA. Provides for enforcement of this Act through EPA examination of disclosure statements and access to business sites and records. Grants persons declared to be ineligible for EPA benefits the opportunity for a hearing. Provides for public access to disclosure statements and business records, with the exception of confidential information.
United States · United States Congress · 2 August 1991
Pollution Prevention, Community Recycling, and Incinerator Control Act - Amends the Solid Waste Disposal Act to prohibit the issuance of permits for construction or expansion to municipal solid waste incinerators. Prohibits Federal agencies, State or local governments, or other waste management jurisdictions from issuing permits to such incinerators after December 31, 1999, unless the applicant demonstrates and the State finds that: (1) an annual waste composition analysis of the solid waste generated within the area to be served by the facility is conducted by the applicant and by entities from which the facility accepts waste; (2) such entities divert specified percentages of glass, paper, metals, plastics, and yard and food waste to waste management methods other than incineration; (3) the facility will not interfere with diversion rates; (4) it is not feasible to manage the remaining solid waste through source reduction, reuse, or recycling; (5) the facility will not adversely affect the environment or human health and is not situated in a nonattainment area identified under the Clean Air Act; (6) the facility will not harm the local economy; (7) the full cost of the facility over its entire life will be less costly than reducing, recycling, or composting waste; (8) the waste management jurisdiction conducts a public participation process (including a technical assistance grant to local community groups concerned about the project); (9) the proposed construction or expansion is approved by the unit of local government in whose boundaries the facility would be sited; (10) firms operating the facility are in compliance with environmental and public health statutes, have paid outstanding fines for violations of such statutes, and make disclosure statements available; and (11) an approved environmental impact statement is completed. Directs the Administrator of the Environmental Protection Agency to: (1) promulgate standards for waste composition analyses; and (2) review diversion rates triennially and require higher rates, if feasible. Treats ash from municipal solid waste incinerators as a hazardous waste under the Solid Waste Disposal Act. Requires such ash to be managed in a monofill containing only such ash and designed to: (1) prevent the migration of constituents during the operation of the facility; and (2) prevent the infiltration of precipitation during any closure or postclosure monitoring period. Provides for compliance with such requirement by existing incinerators within three years of the enactment of this Act. Prohibits the use of such ash for any purpose. Prohibits the incineration of household hazardous waste, batteries, chlorinated plastics, consumer electronics, and yard waste in such incinerators. Prohibits the issuance of permits or prior approval for the construction or expansion of hazardous waste incinerators unless: (1) waste composition analyses are conducted by the applicant and generators of waste to be incinerated at the facility; (2) specified toxics use reduction requirements have been met and the facility will not interfere with the implementation of such requirements; (3) the facility will not adversely affect the environment or human health; (4) the facility will not harm the local economy; (5) there is no safer disposal or treatment technology available for any of the wastes; (6) the waste management jurisdiction conducts a public participation process (including a technical assistance grant to local community groups concerned about the project); (7) the proposed construction or expansion is approved by the unit of local government in whose boundaries the facility would be sited; (8) firms operating the facility are in compliance with environmental and public health statutes, have paid outstanding fines for violations of such statutes, and make disclosure statements available; and (9) an approved environmental impact statement is completed. Requires hazardous waste generators, as part of the permit process, to report annually on the use, and reduction of the use, of toxic or hazardous substances at their facilities. Directs permit applicants to demonstrate that the State in which the incinerator is located, and each State in which generators of hazardous waste to be incinerated at the facility are located, are implementing toxics use reduction programs. Applies this Act's requirements to any facility that burns hazardous waste.
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
Uniform Business Tax Act of 1991 - Amends the Internal Revenue Code to impose a uniform nine percent tax on the taxable value of property and services produced and sold in the United States by a taxable business. Provides that the taxable value shall be equal to the net business receipts of the business. Declares that the minimum tax shall not be less than the sum of employer payroll taxes. Allows as a credit against the uniform business tax for any taxable year of an amount equal to the minimum uniform business tax credit for such year. (Provides a formula for determining such minimum tax credit.) Defines net business receipts as the excess of business receipts over business expenses. Defines business receipts as the aggregate amount received in connection with a business from: (1) the sale or rental of property located in the United States; (2) the performance of services in the United States; or (3) the sale or use of intangibles (such as copyrights, patents, franchise rights, and know-how) in the United States. Excludes receipts from exports and certain other receipts. Defines business expenses as any amount paid by the taxpayer with respect to a business of the taxpayer for the purchase or use of property or for the purchase of services. Specifies expenses that are not included as business expenses. Sets forth special rules for determining business receipts and expenses with respect to: (1) sales of property; (2) services performed both inside and outside the United States; (3) exchanges treated as sales; (4) intermediation services in the case of insurance activities; and (5) sale or lease payments received in more than one taxable period. Provides special rules for possessions corporations in determining net business receipts. Provides that the uniform business tax will not be imposed on tax-exempt organizations. Defines a taxable business as: (1) any C corporation (any corporation other than a small business corporation); and (2) any other taxpayer with business receipts in excess of $50,000. Sets forth administrative provisions concerning the time for filing returns and consolidated returns of an affiliated group of corporations. Allows a tax credit against the net uniform business tax paid or incurred by an eligible taxpayer (any person liable for such tax). Imposes a tax on importers of nine percent of the customs value of all imported property for consumption, use, or warehousing, except for items entered into the United States duty-free. Repeals the: (1) corporate income tax; and (2) corporate minimum tax. Makes the employment tax on wages and the employer railroad retirement tax on compensation inapplicable to employers subject to the uniform business tax.
United States · United States Congress · 1 August 1991
Amends the Internal Revenue Code to increase the exclusion from gross income for combat pay of commissioned officers (from $500 to $2,000 monthly). Requires the transfer from the Defense Cooperation Account to the general fund of the Treasury such amounts as determined necessary to offset the revenue loss caused by this amendment during the period of the Persian Gulf conflict.
United States · United States Congress · 1 August 1991
Military Retirement Equity Act of 1991 - Permits retired members of the armed forces to be paid retirement pay concurrently with compensation for any service-connected disability if the person's entitlement to such retirement pay is based solely on: (1) age; (2) length of service; or (3) both. Reduces the amount of retirement pay, in the case of individuals receiving both types of pay, by a specified percentage of the disability compensation which decreases as the disability rating increases. Prohibits any reduction in the retirement pay of a disabled person when the disability rating is total. Expresses the sense of the Congress that, once the Federal budget deficit has been reduced, the Congress should reexamine and eliminate any offset of retired pay by a veteran's disability compensation.
United States · United States Congress · 1 August 1991
Partnerships for Wildlife Act - Directs the Secretary of the Interior to establish the Wildlife Conservation and Appreciation Fund to provide financial assistance to designated State agencies in carrying out fish and wildlife conservation and appreciation projects which meet certain eligibility standards. Places limits on such Federal assistance. Prohibits designated State agencies from being eligible to receive matching funds from the Fund if such agency diverts revenue from activities it regulates for any purpose other than the management and conservation of fish and wildlife. Prohibits Fund amounts from being provided to assist a State in carrying out such a project unless the amount appropriated to the Fund has been matched wholly by a contribution made to the Fund by the National Fish and Wildlife Foundation or other private entities or persons. Authorizes appropriations.
United States · United States Congress · 31 July 1991
Amends title XVIII (Medicare) of the Social Security Act to limit Medicare coverage of chiropractic services to certain spinal manipulations and physical examinations and X-rays furnished to an individual to determine if spinal manipulations are appropriate therapy, conducted by State-licensed chiropractors who are legally authorized by the State to provide such services.
United States · United States Congress · 31 July 1991
Marine Mammal Public Display Reform Act of 1991 - Amends the Marine Mammal Protection Act of 1972 to prohibit issuance of a permit for the taking of any marine mammal in the waters of a State for public display if: (1) issuance of the permit would be inconsistent with State law; and (2) the Governor of such State submits to the Secretary of the department in which the National Oceanic and Atmospheric Administration is operating and the Secretary of the Interior notice of disapproval of the issuance of such permit.
United States · United States Congress · 31 July 1991
Tax Fairness and Accountability Act of 1991 - Amends the Congressional Budget Act of 1974 to require any legislation that increases the tax rate, the tax base, or the amount of income subject to tax, or decreases a deduction, exclusion, or credit to be approved in the House of Representatives and the Senate by an affirmative vote of three-fifths of its Members.
United States · United States Congress · 31 July 1991
All-Americans Savings and Investment Incentive Act of 1991 - Amends the Internal Revenue Code to provide individuals a deduction for capital gains based on the period the asset is held (up to three years). Excludes collectibles from such assets. Makes such deduction an item of tax preferences. Excludes from gross income interest received during a taxable year up to $350 ($700 in the case of a joint return). Provides a phaseout of such exclusion for incomes over $50,000. Makes such exclusion applicable to distributions from regulated investment companies and real estate investment trusts. Makes certain nonresident aliens ineligible for such exclusion.
United States · United States Congress · 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 · 29 July 1991
Amends the Defense Base Closure and Realignment Act of 1990 to require the Secretary of Defense and the Defense Base Closure and Realignment Commission, with respect to recommendations made for closure and realignment of military installations in 1993 and 1995, to include recommendations for the termination and reduction of military operations at installations outside the United States.
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
Establishes the Scrap Tire Trust Fund in the Treasury. Provides that the Fund shall consist of a Scrap Tire Reduction Account and a Scrap Tire Recycling Account. Appropriates amounts equivalent to fees collected under this Act to the Accounts. Makes amounts in the Accounts available for: (1) financial assistance to States for conducting surveys of scrap tire piles, developing State tire management plans, reducing and eliminating scrap tire piles, and carrying out parts of such plans relating to tire disposal; and (2) administration of such assistance. Imposes fees on new tires sold by manufacturers or importers from January 1, 1993, through December 31, 2004. Provides for the deposit of such fees into the General Fund of the Treasury.
United States · United States Congress · 23 July 1991
Expresses the sense of the House of Representatives that the people of the United States should recognize: (1) the tenth anniversary of "An Artistic Discovery" (the Congressional High School Art Competition); and (2) its success in encouraging the creative endeavors of our Nation's young artists and forging strong working relationships among the Congress, businesses, and the arts community towards the ultimate goal of providing opportunities for high school students to express their artistic talents.
United States · United States Congress · 22 July 1991
Petroleum Marketing Competition Enhancement Act - Amends the Petroleum Marketing Practices Act to prohibit a refiner from: (1) selling motor fuel to a customer for resale (customer) at a price higher than the refiner's adjusted retail price for the same or a similar grade or quality of motor fuel sold from a direct operated outlet in the same geographic area (sale of fuel at higher prices); and (2) entering into a scheme or agreement to set, change, or maintain maximum retail prices of motor fuel, except with respect to a refiner's retail sales at its direct operated outlets. Requires that: (1) in comparing a refiner's adjusted retail price to a refiner's price to other customers, adjustments be made to account for differences in freight, taxes, and inspection fees, whether or not the items are separately listed as part of the price; and (2) if a refiner includes consumer credit as part of its price, an adjustment for the cost of such credit be made in comparing the prices. Sets forth enforcement provisions, including: (1) proceedings by the Attorney General (establishes fines ranging from $5,000 to $25,000 for each violation, and authorizes civil actions and equitable relief); (2) private civil actions, including class actions, (and establishes a right to jury trial); and (3) proceedings by State attorneys general. Allows a person bringing an action to enforce provisions concerning the sale of fuel at higher prices to establish a prima facie case by showing that the refiner has sold motor fuel to a customer at a price that is higher than: (1) 94 percent of its consumer retail price per gallon (or, in the event of a sale to a branded wholesaler, 90 percent); or (2) the refiner's consumer retail price per gallon less the most recently available average retail operating expenses per gallon (and, in the event of a sale by a refiner to a branded wholesaler, also less the most recently available average wholesale operating expenses per gallon for the State in which the consumer retail price was charged). Specifies that: (1) in the event that the relevant State has not conducted an annual survey (pursuant to this Act) to determine the average retail or average wholesale operating expenses, the average operating expenses for the retail and wholesale petroleum industry, as determined by the Secretary of Energy, shall be used; and (2) such prima facie case may be overcome by a preponderance of evidence that the refiner's actual retail and average wholesale operating expenses, if applicable, are less than the evidence presented by the plaintiff to establish such prima facie case. Directs the Secretary to conduct an annual survey to determine the average retail and average wholesale operating expenses per gallon for the petroleum industry. Permits a State or State agency to authorize an annual State survey to reflect local conditions with respect to motor fuels sold to the public in that State. Directs that any such survey regarding: (1) retail operating expenses and actual wholesale operating expenses be based upon all direct and indirect expenses attributable to the sale of a gallon of motor fuel to the public by direct and nondirect operated outlets; and (2) wholesale operating expenses be based on all direct and indirect expenses attributable to the wholesale sale of a gallon of motor fuel by a refiner or a branded wholesaler to a branded dealer.
United States · United States Congress · 18 July 1991
Provides that, for purposes of a reduction in force affecting Federal civilian employees, a military retiree shall not be denied military preference on account of having performed 20 or more years of active service in the armed forces.
United States · United States Congress · 17 July 1991
Technical Education and Training Act of 1991 - Requires the Director of the National Science Foundation (NSF) to carry out an advanced technical education and training program under which accredited associate-degree-granting colleges, using matching non-Federal funds, provide training in technical competencies in strategic fields, with emphasis on collaborative programs with local employers and on attracting nontraditional students seeking to upgrade skills, recent high school graduates, and high school dropouts. Sets forth program elements, including: (1) model instructional programs in state-of-the-art competencies in advanced-technology occupations; (2) faculty development in laser technology, robotics, fiber optics, electronics, and other advanced technologies; and (3) private sector participation and provision of work experience opportunities. Requires the Director to: (1) award competitive grants to associate-degree-granting colleges; and (2) establish an inventory of advanced technical education and training programs. Requires the appointment of a National Advisory Council on Advanced Technical Education and Training to ensure the program is consistent with the needs of industries and provide other advice and evaluations. Requires an annual report from the Council to the NSF and the Congress. Requires the program to give emphasis to training to accommodate working people, parents, and the handicapped. Requires the designation of ten centers of excellence among associate-degree-granting colleges to serve as national and regional clearinghouses for educational institutions striving to upgrade their technical education programs and mathematics and science courses. Requires the Director to make: (1) no fewer than 20 grants annually to associate-degree-granting colleges to develop partnerships in mathematics and science education with secondary schools in the community; and (2) grants for partnerships with four-year academic institutions to enable students to achieve bachelor degrees in mathematics, science, engineering, or technology.
United States · United States Congress · 17 July 1991
California Desert Protection Act of 1991 - Title I: Wilderness Additions - Designates as additions to the National Wilderness Preservation System 77 wilderness areas within the California Desert Conservation Area (CDCA), the Yuma District, and the Bakerfield District of the Bureau of Land Management. Permits grazing in such areas. Prohibits the approval of any plan of operation prior to determining the validity of unpatented mining claims, mill sites, and tunnel sites affected by plans in such areas. States that non-designated areas within the CDCA have been adequately studied for inclusion in the System and releases them from otherwise applicable restrictions. Designates certain lands within the CDCA as the White Mountains Wilderness Study Area. Title II: Death Valley National Park - Establishes the Death Valley National Historic Park which subsumes the Death Valley National Monument. Withdraws the additional lands from further exploitation under the mining laws. Requires the Secretary of the Interior (the Secretary) to determine the validity of any unpatented mining claims, mill sites, and tunnel sites within such additional lands and whether the United States should acquire any mineral rights in such lands. Preserves grazing privileges on such lands for persons holding permits as of July 1, 1991. Terminates all grazing on July 1, 2016. Title III: Joshua Tree National Park - Establishes the Joshua Tree National Park which subsumes the Joshua Tree National Monument. Withdraws the additional lands from further exploitation under the mining laws. Requires the Secretary to determine the validity of any unpatented mining claims, mill sites, and tunnel sites within such additional lands and whether the United States should acquire any mineral rights in such lands. Continues the validity of certain rights-of-way of the Metropolitan Water District. Title IV: Mojave National Park - Establishes the Mojave National Monument which subsumes the East Mojave National Scenic Area. Withdraws Federal lands within the Monument from further exploitation under the mining laws. Requires the Secretary to determine the validity of any unpatented mining claims, mill sites, and tunnel sites within the Monument and whether the United States should acquire any mineral rights in such lands. Authorizes the Secretary to regulate mining in such Monument. Preserves grazing privileges on such lands for persons holding permits as of July 1, 1991. Terminates all grazing on July 1, 2016. Continues the validity of existing rights-of-way for specified activities. Directs the Secretary to submit a management plan for the Monument to the Senate Committee on Energy and Natural Resources and the House Committee on Interior and Insular Affairs. Designates the Granite Mountains Natural Reserve within the Monument. Authorizes the Secretary to construct a visitors' center and acquire lands. Title V: National Park Wilderness - Designates as wilderness the Death Valley National Park Wilderness, the Joshua Tree National Park Wilderness Additions, and the Mojave National Monument Wilderness. Title VI: Miscellaneous Provisions - Directs the Secretary to transfer Red Rock Canyon State Park Additions in the CDCA to California. Establishes the Desert Lily Sanctuary within the CDCA. Prohibits the Secretary and the Secretary of Agriculture from: (1) disposing of lands within the boundaries of any wilderness, park, or monument designated by this Act; (2) granting rights-of-way in lands within designated wilderness; and (3) making lands within such boundaries available for use by the Metropolitan Water District. Requires the Secretary to transfer certain Federal lands selected by the California State Lands Commission upon transfer to the United States of State school lands of equivalent value that are included in areas designated as wilderness and national parks under titles I through IV of this Act. Sets forth procedures for establishing fair market value. Creates the California Desert State Lands Credit Account in the event that the value of selected Federal lands is less than that of transferred State lands. Authorizes the Secretary to exchange Federal mineral interests in lands in California for private mineral interests in wilderness areas and national parks designated by this Act. Directs the Secretary to insure nonexclusive access to the wilderness areas, parks, and monument designated by this Act for traditional Indian cultural and religious purposes. Reserves Federal water rights for wilderness areas designated by this Act. Authorizes appropriations. Title VII: Definitions - Sets forth specified definitions.
United States · United States Congress · 16 July 1991
Workers' Political Rights Act of 1991 - Amends the Federal Election Campaign Act of 1971 to permit a labor organization to make political communications and establish and solicit contributions for a separate segregated political fund if it provides the employees it represents with written notification of specified information.
United States · United States Congress · 15 July 1991
Prohibits the Secretary of Veterans Affairs from making any payment for covered drugs and biologicals unless the price charged by the manufacturer is determined in accordance with an agreement between the Secretary and the manufacturer pursuant to the Social Security Act, under which the price charged cannot exceed the price charged as of September 1, 1990, increased by the sum of the covered drug updates. States that such pricing agreement shall apply to any drug or biological product procured by the Department of Veterans Affairs that is: (1) purchased under a depot contracting system; or (2) listed under the Federal Supply Schedule of the General Services Administration on or after January 1, 1990. Amends the Social Security Act to exclude the prices for prescription drugs procured by the Federal Government from the calculation of best price procurement for purposes of application of Medicaid rebate agreements. Directs the Secretary to conduct a study of, and report to the Senate and House Veterans' Affairs Commitees on, the costs and availability of drugs and biological products for programs of the Department as they relate to exemptions and limitations under this Act.
United States · United States Congress · 11 July 1991
National Wildlife Refuge System Act of 1991 - Amends the National Wildlife Refuge System Administration Act of 1966 to set forth new purposes for which the National Wildlife Refuge System shall be administered, including: (1) acquiring, restoring, maintaining, and managing of lands and water to conserve native fish, wildlife, and plants and their habitats with special attention focused on endangered species of fish, wildlife, and plants in refuges; and (2) helping to fulfill the international treaty obligations of the United States with respect to fish and wildlife and their habitats. Requires the Secretary of the Interior, acting through the Director of the U.S. Fish and Wildlife Service, to issue regulations governing the manner of finding whether an existing or proposed new use in a refuge is compatible or incompatible with the established purposes of such refuge. Directs the Secretary to prepare and revise at least once every ten years a comprehensive plan governing the administration of the National Wildlife Refuge System. Requires the Director to: (1) review, within two years of enactment of this Act, cooperative agreements and memoranda of understanding governing refuges not under the primary jurisdiction of the Service; and (2) negotiate modification of terms and conditions with the appropriate agencies, if needed, to achieve the purposes for which the refuges were established. Directs the Secretary to identify and discontinue incompatible uses of refuges that do not meet established refuge purposes. Requires annual reports to specified congressional committees, together with one special report, a year after enactment, on: (1) the usefulness of comprehensive planning for individual refuges; and (2) the role of the System in maintaining biological diversity in the United States.