United States · United States Congress · 24 March 1992
Health Benefits for Small Businesses and Their Employees Act of 1992 - Amends the Internal Revenue Code to treat partners and certain shareholders of subchapter S corporations (certain small businesses) so as to exclude from gross income contributions by the partnership or S corporation to an accident or health plan for such partners and shareholders and their employees.
United States · United States Congress · 18 March 1992
Nuclear Reactor Licensing Act of 1992 - Amends the Atomic Energy Act of 1954 to prescribe guidelines for: (1) issuance by the Nuclear Regulatory Commission of nuclear reactor combined construction and operating licenses; and (2) post-construction hearings on such licenses. Provides for judicial review of final Commission orders affecting such licenses.
United States · United States Congress · 12 March 1992
Rural Health Outreach Grants Amendments Act - Amends the Public Health Service Act to authorize grants to demonstrate new and innovative models of outreach and health care services delivery in rural areas that lack basic health services. Conditions grants on formation of consortia of at least three health care providers or at least three social service providers. Authorizes appropriations.
United States · United States Congress · 5 March 1992
Medicare Geographic Data Accuracy Act of 1992 - Amends title XVIII (Medicare) of the Social Security Act to require the Secretary of Health and Human Services to consult with State medical societies in revising the geographic adjustment factors used to determine reimbursements for physician services under part B (Supplementary Medical Insurance) of Medicare. Requires the Secretary to base geographic-cost-of-practice indices under Medicare upon the most recent available data.
United States · United States Congress · 3 March 1992
Provides eligibility for burial in national cemeteries for an individual who was entitled to retired pay as a member of the reserves (at least 20 years of service in the reserves) or would have been entitled to retired pay but for the fact that such person was under 60 years of age.
United States · United States Congress · 27 February 1992
Expands the eligibility for the veterans' readjustment appointment program (a program providing Federal employment opportunities for veterans) to include all Vietnam era veterans (currently includes Vietnam era veterans with service-connected disabilities or those having received campaign badges for active-duty service in a campaign or expedition). Expands the eligibility for the disabled veterans' outreach program to include disabled veterans of the Persian Gulf War.
United States · United States Congress · 27 February 1992
Expresses the sense of the House of Representatives that the President should: (1) terminate certain current Generalized System of Preferences (GSP) petitions from Central and Eastern European countries for products (Goya cheese, mushrooms, grape wine, and other products) considered and rejected in the 1990 GSP annual review as well as other specified products (nitrocellulose and sulfasalazine); and (2) reinstate his determination of May 3, 1991, to reject such petitions.
United States · United States Congress · 26 February 1992
Spending Priority Reform Act of 1992 - Expresses the sense of the Congress that any money returned to the Treasury as a result of this Act should be deposited in the General Fund to be applied against the Federal budget deficit. Title I: Agriculture Appropriations - Rescinds FY 1992 appropriations to the Department of Agriculture for certain special research grants which were not authorized, not awarded on a competitive basis, or not subjected to congressional hearings ("unauthorized"). Title II: Commerce, Justice, State and Related Agencies Appropriations - Subtitle A: Department of Justice - Rescinds FY 1992 appropriations to the Department of Justice for: (1) an unauthorized grant to the National College of District Attorneys for a move into a permanent facility with the latest technology; and (2) an unauthorized grant to SEARCH Group, Inc. for continued support to State and local criminal justice agencies to improve their use of computers and information technology. Subtitle B: Department of Commerce - Rescinds FY 1992 appropriations to the National Oceanic and Atmospheric Administration for unauthorized funding of: (1) construction, the National Ocean Service, the National Marine Fisheries Service, oceanic and atmospheric research, program support, and miscellaneous projects; (2) a specified fresh-water fish hatchery; (3) a project for fish oil research; and (4) special research grants for the International Trade Administration. Subtitle C: Related Agencies - Rescinds FY 1992 appropriations to the Small Business Administration for unauthorized grants for specified miscellaneous projects. Amends the Small Business Act to rescind appropriations and repeal the authorization for a tree planting program. Subtitle D: Department of State - Rescinds FY 1992 appropriations to the Department of State for an unauthorized grant for the North/South Center at the University of Miami, Miami, Florida. Title III: Department of Defense Appropriations - Rescinds FY 1992 appropriations made under the Department of Defense Appropriations Act, 1992, for certain unauthorized: (1) university grants; (2) miscellaneous projects; (3) certain Army operations and maintenance projects; (4) Navy operations and maintenance projects; and (5) Defense Agencies grants for World University and 1996 Summer Olympics games. Title IV: Energy and Water Appropriations - Rescinds unauthorized FY 1992 appropriations made under the Energy and Water Appropriations Act, 1992, for unauthorized funding of: (1) a Corps of Engineers project in West Virginia; (2) a Shoshone Irrigation project in Wyoming; (3) certain energy supply, research, and development activities; (4) a specified solar and renewable energy project in Hawaii; (5) certain biological and environmental research projects; (6) a certain research and technical analysis project for the University of Connecticut; and (7) a grant to complete the Center of Advanced Electronics Technology at Spartes State Technical College in Eufala, Alabama. Title V: Interior and Related Agencies Appropriations - Rescinds FY 1992 appropriations made under the Department of the Interior and Related Agencies Appropriations Act, 1992, for unauthorized funding of: (1) certain National Park System projects; (2) certain construction projects involving anadromous fish; and (3) certain National Forest System projects. Title VI: Transportation Appropriations - Rescinds FY 1992 appropriations to the Department of Transportation for unauthorized funding of: (1) certain motor carrier safety grants; (2) certain Federal Highway Administration demonstration projects; (3) certain highway feasibility studies; and (4) certain feasibility, design, environmental, and engineering projects. Title VII: Treasury, Postal Service and General Government - Rescinds FY 1992 appropriations to the General Services Administration for certain unauthorized grants for projects funded through the Federal Buildings Fund for the construction of a Federal courthouse in Brooklyn, New York. Title VIII: Veterans Affairs, Housing and Urban Development, and Independent Agencies Appropriations - Subtitle A: Department of Veterans Affairs - Rescinds FY 1992 appropriations to the Department of Veterans Affairs for certain unauthorized construction projects. Subtitle B: Department of Housing and Urban Development - Rescinds FY 1992 appropriations to the Department of Housing and Urban Development for unauthorized funding of: (1) certain housing projects and assistance programs; and (2) certain policy development and research grants. Subtitle C: Independent Agencies - Rescinds 1992 appropriations to: (1) the Environmental Protection Agency for certain unauthorized construction grants and specified other projects; (2) the Federal Emergency Management Agency for certain unauthorized emergency management planning and assistance projects; and (3) the National Aeronautics and Space Administration for certain unauthorized research and development projects and construction projects. Title IX: Blue Smoke and Mirrors - Expresses the sense of the Congress that, with regard to the appropriations process, "forward funding" tactics should no longer be utilized and Congress should operate within the funding limits prescribed for each fiscal year.
United States · United States Congress · 24 February 1992
Provides an extension, at the election of the qualified taxpayer, of the time for payment of income tax on the nonexcluded portion of the combat pay of members of the armed forces serving in the Persian Gulf conflict.
United States · United States Congress · 19 February 1992
Veterans' Compensation Rate Amendments of 1992 - Increases the rates of: (1) veterans' disability compensation; (2) additional compensation for veterans' dependents; (3) the clothing allowance for certain disabled veterans; (4) dependency and indemnity compensation for surviving spouses and children; and (5) supplemental dependency and indemnity compensation for disabled adult children. Authorizes the Secretary of Veterans Affairs to adjust administratively the rates of disability compensation payable to persons who are not in receipt of compensation for service-connected disability or death.
United States · United States Congress · 19 February 1992
Expresses the sense of the Congress that the President should build upon the success of the Cartagena Summit and use the upcoming San Antonio Summit to: (1) reaffirm the mutual commitment of the participating countries to halting the international cocaine trade; (2) continue assisting the Andean Strategy nations in their efforts to curtail cocaine production; (3) encourage cooperation among the participating countries in dismantling drug trafficking cartels and arresting and incarcerating major traffickers; (4) strengthen the legitimate economies of the Andean Strategy nations through trade incentives and other assistance; and (5) motivate the participating countries to reduce consumption of illicit drugs within their borders.
United States · United States Congress · 5 February 1992
Oil and Gas Exploration Incentive Act - Amends the Internal Revenue Code to remove percentage depletion and intangible drilling costs from computation of the alternative minimum tax. Makes permanent the credit for producing fuel from a nonconventional source. Allows such credit to offset the alternative minimum tax. Limits such credit to the production of a specified amount of gas or oil from any one well or in any one facility.
United States · United States Congress · 5 February 1992
Secured Credit Availability Amendments of 1992 - Amends Federal bankruptcy law to preclude a debtor from avoiding a lien on certain property that would otherwise be exempt if: (1) the lien is a nonpossessory, nonpurchase-money security interest in specified trade-related property; and (2) State law prohibits the debtor from avoiding a lien on such otherwise exempt property.
United States · United States Congress · 26 November 1991
Directs the Secretary of Health and Human Services and the Secretary of Agriculture to jointly report to the President and the Congress on the differences in program rules under the food stamp program, Aid to Families with Dependent Children program (part A of title IV of the Social Security Act), and Medicaid program (title XIX of the Social Security Act) and how such rules could be made uniform. Requires coordination of such report with the report of the Advisory Committee on Welfare Simplification and Coordination.
United States · United States Congress · 26 November 1991
Constitutional Amendment - Requires the Congress and the President, prior to each fiscal year, to agree on an estimate of total receipts (except those derived from borrowing) for that fiscal year by enactment of a joint single subject resolution. Prohibits outlays for that year (except those for repayment of debt principal) from exceeding this amount unless the Congress, by a three-fifths rollcall vote of each House, authorizes a specific excess of outlays over receipts. Requires a three-fifths rollcall vote of each House to increase the public debt. Directs the President to submit a balanced budget to the Congress. Requires the amount by which outlays exceed receipts to be eliminated or reduced by equal amounts of outlay reductions and revenue increases, to be approved by a majority of each House by rollcall vote. Requires any elimination by unequal amounts of outlay reductions and revenue increases to be approved by three-fifths rollcall vote of each House. Requires amounts by which receipts exceed outlays to be used for reducing the public debt. Prohibits total receipts for any fiscal year from increasing by a rate greater than the rate of increase in the gross national product in the second prior fiscal year, unless approved by a three-fifths rollcall of each House. Waives these provisions when a declaration of war is in effect. Makes this Act effective beginning with FY 1997 or with the second fiscal year beginning after its ratification.
United States · United States Congress · 26 November 1991
Amends rule X of the Rules of the House of Representatives to require: (1) the Speaker of the House to nominate a Member of a standing committee for election by the majority party caucus to be chairman of such committee; and (2) the minority leader to nominate a Member of a standing committee for election by the minority party caucus as the ranking minority member of such committee. Requires the chairman or ranking minority member to be elected by the House from nominations submitted by the majority or minority party caucus if no nominee is elected according to such procedure. Prohibits a Member from serving as chairman or ranking minority member of a standing committee for more than four Congresses in any period of six successive Congresses, with specified exceptions.
United States · United States Congress · 21 November 1991
Taxpayer Bill of Rights Act of 1991 - Title I: Additional Safeguards to Protect Taxpayers' Rights - Subtitle A: Taxpayers' Advocate - Amends the Internal Revenue Code to establish in the Internal Revenue Service (IRS) the Office of Taxpayers' Advocate, headed by the Taxpayers' Advocate, appointed by the President, by and with the advice and consent of the Senate. Requires the Office to: (1) assist taxpayers in resolving problems with the IRS; (2) identify areas in which taxpayers have problems in dealings with the IRS; (3) propose changes in the administrative practices of the IRS to mitigate such problems; and (4) identify potential legislative changes which may be appropriate to mitigate such problems. Requires the Taxpayers' Advocate to annually report to specified congressional committees on Office activities. Requires the Commissioner of Internal Revenue to establish procedures requiring a formal response to all recommendations submitted to the Commissioner by the Taxpayers' Advocate. Authorizes the terms of a Taxpayer Assistance Order to require the Secretary of the Treasury to take certain actions (currently, only to cease or refrain from taking such actions). Subtitle B: Modifications to Installment Agreement Provisions - Requires prior notification to taxpayers under an installment agreement to pay tax liability before altering, modifying, or terminating such an agreement. Provides for administrative review of denials of requests for installment agreements. Suspends the failure to pay penalty during any period an installment agreement is in effect. Subtitle C: Interest - Extends from ten days to 21 days the period for which interest will not be imposed after notice and demand for payment, if such payment is less than $100,000. Provides for the abatement of interest in the case of an assessment due to the error or delay of an IRS managerial act. Increases the interest rate for overpayment of tax from two percent to three percent (making such rate equal to the interest rate for underpayment of tax). Waives interest on all overpayments refunded within 45 days after a return is filed. Subtitle D: Joint Returns - Requires separate deficiency notices in the case of a joint income tax return if the most recent data available to the IRS shows that such spouses did not file a joint return with each other. Allows the disclosure of collection activities to an individual requesting such information in the case of a joint return where such individual is no longer married to or resides in the same household as the other joint filer. Removes limitations on filing a joint return after filing separate returns. Subtitle E: Collection Activities - Authorizes the Secretary, if it is determined to be in the best interest of the taxpayer and the United States, to: (1) withdraw a notice of a lien; (2) return property that has been levied upon; and (3) offer compromises in civil or criminal cases. Requires the Secretary, at the request of the taxpayer, to make reasonable efforts to notify credit reporting agencies and financial institutions of such withdrawal notice. Subtitle E (sic): Erroneous and Fraudulent Information Returns - Requires payee statements to provide the phone number of the person providing payment. Establishes civil damages for the fraudulent filing of information returns. Requires the Secretary to take reasonable steps to corroborate the accuracy of an information return when making a determination of a deficiency by a third party, when such return is disputed by the taxpayer. Subtitle F: Modifications to Penalty for Failure to Collect and Pay Over Tax - Declares that a person shall not be liable for any penalty for failure to collect and pay over tax if such person: (1) is not a significant owner, or highly compensated employee of the trade or business; (2) notifies the Secretary within ten days after such failure; and (3) such notification was before any notice by the Secretary with respect to such failure. Requires the Secretary to disclose certain information where more than one person is liable for a penalty. Subtitle G: Awarding of Costs and Certain Fees - Repeals the "substantially justified" test for determining whether a taxpayer may recover costs and fees incurred as part of an administrative or court proceeding. Provides for the awarding of reasonable litigation or administrative costs to a prevailing party who represents himself in an administrative or court proceeding. Makes IRS employees personally liable in certain cases. Provides that any failure to agree to an extension of time for the assessment of any tax shall not be taken into account in determining whether a prevailing party has exhausted all administrative remedies. Subtitle H: Other Provisions - Revises provisions on the required content of tax due, deficiency, and other notices. Provides for the treatment of returns prepared for or executed by the Secretary for purposes of certain tax penalties. Provides protection for taxpayers who rely on certain guidance published by the IRS. Title II: Form Modifications, Studies - Subtitle A: Form Modifications - Directs the Secretary to: (1) ensure that taxpayers are aware of permission to pay tax in installments, extensions of time for payment of tax, and compromises of tax liability; (2) improve procedures for taxpayers to notify the Secretary of changes in names and addresses; (3) include in a specified publication a section on the rights and responsibilities of divorced individuals; (4) ensure that employees are aware of their responsibilities under the Federal tax system and that the public is aware of penalties for failure to collect and pay over tax; and (5) notify taxpayers any payments that cannot be associated with any outstanding tax liability. Subtitle B: Studies - Requires the Secretary to report to the tax-writing committees on: (1) a pilot program for appeals of certain enforcement actions (including lien, levy, and seizure actions; (2) a study on ways to assist the elderly, physically impaired, foreign-language speaking, and other taxpayers with special needs to comply with IRS laws; (3) the scope and content of the IRS taxpayer-rights education program for its officers and employees; and (4) cases involving complaints about misconduct of IRS employees and the disposition of such complaints. Requires the Comptroller General to report to the tax-writing committees on: (1) a study of notices of deficiency; (2) the accuracy and clarity of 25 of the most commonly used IRS forms, notices, and publications; and (3) a study of IRS employee-suggestion programs.
United States · United States Congress · 21 November 1991
Federal-State Pesticide Regulation Partnership Act of 1991 - Amends the Federal Insecticide, Fungicide, and Rodenticide Act to remove the authority of political subdivisions to inspect records of persons selling or delivering pesticides for purposes of enforcing such Act. Prohibits local governments from imposing or continuing any requirement regarding pesticides or devices.
United States · United States Congress · 19 November 1991
Second National Blue Ribbon Commission to Eliminate Waste in Government Act - Establishes the Second National Blue Ribbon Commission to Eliminate Waste in Government to: (1) conduct a private sector survey on management and cost control in the Federal Government; (2) review executive agency operations and existing General Accounting Office, Congressional Budget Office, Inspector General Reports, and other existing governmental and nongovernmental recommendations for reducing waste; and (3) submit to the President and the Congress a list of those recommendations with estimated savings that the Commission determines are most significant and recommendations for improving the budget process, management, and reducing waste and costs in the Government. Requires the Commission to identify, address, and to report to the President and the Congress on: (1) opportunities for increased efficiency and reduced costs in the Government that can be realized by executive action or legislation; (2) areas in the Government where managerial accountability can be enhanced and administrative control can be improved; (3) specific Federal programs that have accomplished their objectives and ought to be terminated; (4) specific Federal program services that could be provided at a lower cost by the private sector; (5) specific reforms of the budget process that would yield savings, increase accountability and efficiency, and enhance public confidence in the budget process; (6) specific areas in the Government where further study can be justified by potential savings; and (7) specific recommendations for legislative and administrative actions. Requires the Commission to be funded, staffed, and equipped, to the extent practicable and permitted by law, by the private sector without cost to the Government.
United States · United States Congress · 14 November 1991
Requires that of the amounts appropriated for FY 1992 for travel expenses for officers and employees of the Federal Government, not more than 75 percent be obligated or spent for such expenses and 25 percent be returned to the Treasury to reduce the Federal budget deficit.
United States · United States Congress · 5 November 1991
Designates December 4, 1991, as Federal Civilian Employee Remembrance Day to recognize contributions provided by Federal civilian employees during the attack on Pearl Harbor and during World War II.
United States · United States Congress · 31 October 1991
Makes the first Tuesday after the first Monday in November in each even numbered year a legal public holiday known as Democracy Day (exept for purposes of statutes relating to pay and leave of Federal employees).
United States · United States Congress · 29 October 1991
1996 Atlanta Centennial Olympic Games Commemorative Coin Act - Provides for the minting and sale of commemorative gold and silver coins to support the 1996 Atlanta Centennial Olympic Games and the programs of the United States Olympic Committee.
United States · United States Congress · 24 October 1991
Authorizes the Air Force Association to establish a memorial on Federal land in the District of Columbia or its environs to honor the men and women who have served in the U.S. Air Force.
United States · United States Congress · 21 October 1991
Federally Supported Health Centers Assistance Act of 1991 - Amends the Public Health Service Act to include entities receiving Federal funds under provisions relating to migrant health centers, community health centers, or health services for the homeless, and officers, employees, or contractors of such entities who are licensed health care practitioners, in the coverage of provisions regulating civil actions for injury resulting from medical or related functions against commissioned officers or employees of the Public Health Service. Subrogates to the United States any insurance claim such an entity or person has. Prohibits grants under provisions relating to migrant or community health centers or health services for the homeless unless the applicant has: (1) implemented policies and procedures to assure against malpractice; (2) reviewed the professional credentials, claims history, and other information regarding its licensed health care practitioners; and (3) no history of claims against it under such provisions relating to officers and employees of the Public Health Service, or has cooperated with the Attorney General in defending against such claims and has taken corrective action. Empowers the Attorney General, if certain conditions are met, to determine that an individual practitioner shall not be deemed a Public Health Service employee for purposes of these provisions. Prohibits hospitals from denying admitting privileges to an otherwise qualified health care provider who is an officer, employee, or contractor of such an entity.
United States · United States Congress · 16 October 1991
Foreign Aid Reporting Reform Act of 1991 - Directs the President, in conjunction with the submission of annual requests for enactment of authorizations and appropriations for foreign assistance programs, to submit to the Congress a single report containing: (1) an integrated justification for all foreign assistance programs proposed for the coming fiscal year; and (2) an assessment of when the objectives of those programs will be achieved so that the assistance can be terminated. Requires the President to include in such report general information regarding the foreign assistance program, as well as information concerning specific assistance recipients and centrally-funded programs. Directs congressional committees reporting legislation authorizing the enactment of or providing new budget authority for foreign assistance programs to include in reports accompanying such legislation an explanation for any change proposed in: (1) the total amount of new budget authority authorized or provided for any program as compared to the amount proposed by the President; or (2) the amount of assistance for any specific recipient or for any centrally-funded program as compared to the amount proposed by the President.
United States · United States Congress · 8 October 1991
Medical Care Injury Compensation Reform Act of 1991 - Title I: Grants to States for Alternative Dispute Resolution Systems - Directs the Secretary of Health and Human Services to make grants to States for the implementation and evaluation of alternative dispute resolution (ADR) systems. Sets forth eligibility requirements for States seeking such grants. Directs the Secretary to award not less than ten such grants each fiscal year, with exceptions. Requires the Secretary to: (1) designate each State receiving such a grant as a model ADR State (making such State eligible for a two-year extension); and (2) disseminate information on the ADR systems implemented by such States to other States, health care professionals and providers, and other interested parties. Directs the Secretary to: (1) develop and promulgate standards and regulations necessary to carry out the grant program, including qualification standards that States must meet to receive grants and regulations establishing State data gathering requirements; (2) take into account, in developing qualification standards, specified factors such as the effectiveness of such systems in supporting access to health care, encouraging improvements in the quality of care, resolving claims promptly, and providing predictable outcomes; (3) provide States with technical assistance; and (4) report to the Congress, within four years of the first grant, describing and evaluating the ADR systems implemented. Title II: Uniform Standards for Malpractice Claims - Specifies that, with respect to any health care liability action brought in a Federal or State court and any medical malpractice claim or medical product liability claim subject to an ADR system: (1) no person may be required to pay more than $100,000 in a single payment in damages (whether for economic or non-economic losses) for expenses to be incurred in the future, but shall be permitted to make periodic payments (as determined by the court); (2) the total amount of damages that may be awarded to an individual and the family members of such individual for non-economic losses may not exceed $250,000; (3) the total amount of damages received by an individual shall be reduced by any other payment that has been or will be made to the individual to compensate such individual for the injury that was the subject of the action or claim; (4) a claimant's attorney's fees may not exceed 25 percent of the first $150,000 of any award or settlement, or 15 percent of any additional amounts, paid to the claimant; (5) the total amount of punitive damages that may be assessed may not exceed twice the total amount of the damages awarded to compensate the claimant for losses resulting from the injury; and (6) the liability of each defendant for non-economic losses shall be several only and not joint, and each defendant shall be liable only for the amount of non-economic losses allocated to the defendant in direct proportion to the defendant's percentage of responsibility. Establishes a two-year statute of limitations for medical malpractice and product liability claims, beginning on the earlier of the date on which the injury that is the subject of the action was discovered or the date it should reasonably have been discovered. Specifies that, in the case of a medical malpractice or product liability claim relating to services provided during labor or the delivery of a baby, if the claimant was not previously treated for the pregnancy by the defendant health care professional or provider a court may not find that the defendant committed malpractice and assess damages against the defendant unless the malpractice is proven by clear and convincing evidence. Bars a defendant from being found to have committed malpractice unless the defendant's conduct at the time of providing the health care services was not reasonable, except where the claimant asserts that the defendant is liable under a strict liability theory. Bars the award of punitive damages with respect to any medical product liability claim alleged against a medical product producer if the drug or device that is the subject of the claim: (1) was subject to approval or premarket approval under the Federal Food, Drug, and Cosmetic Act by the Food and Drug Administration (FDA) with respect to the safety or performance of the drug or device or the adequacy of the packaging or labeling; (2) was approved by FDA; or (3) is generally recognized as safe and effective pursuant to conditions established by FDA and applicable regulations. Makes an exception in the case of withheld information, misrepresentation, or illegal payment to an FDA official for purposes of securing approval of the drug or device. Provides for a separate proceeding to determine punitive damages. Sets forth provisions with respect to: (1) the admissibility of evidence; and (2) criteria for determining the amount of punitive damages. Provides that the U.S. district courts shall not have jurisdiction over health care liability actions based on Federal questions or based on specified provisions concerning commerce and antitrust regulations. Specifies that this title preempts State law only to the extent that State law: (1) permits the recovery by a claimant or the assessent against a defendant of a greater amount of damages; (2) permits the awarding of a greater amount of attorneys' fees; (3) establishes a longer period during which medical malpractice or product liability claims may be initiated; or (4) establishes a less strict standard of proof for determining whether a defendant has committed malpractice. Title III: Encouraging Establishment of Community and Migrant Health Center Risk Retention Group - Amends the Public Health Service Act to direct the Secretary to encourage the establishment of a nationwide risk retention group (RRG) for community and migrant health centers receiving assistance under such Act. Defines an RRG for purposes of this title as an entity defined in the Liability Risk Retention Act of 1986 that: (1) provides professional liability insurance and other types of profitable insurance approved for issuance by the Secretary to community and migrant health centers; (2) provides insurance that applies to all claims filed against a community or migrant health center after the entity initiates insurance coverage and to claims arising from acts that occurred prior to the initiation of coverage if the claims are not covered by other insurance; and (3) meets such other requirements as the Secretary may establish.
United States · United States Congress · 3 October 1991
Amends the Solid Waste Disposal Act to exempt from solid waste management regulations, including requirements that landfills have clay or plastic liners, any landfill located in: (1) a municipality with a population of 5,000 or less; or (2) a county with a population of 10,000 or less, or fewer than 20 persons per square mile, and not within a metropolitan area.
United States · United States Congress · 2 October 1991
Expresses the sense of the Congress that the Federal Government and all employers in the United States should: (1) support parent-teacher conferences; and (2) undertake measures to encourage working parents to use paid leave for the purposes of attending parent-teacher conferences.
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 · 1 October 1991
Expresses the sense of the House of Representatives that: (1) the Congress and the President should reexamine and reduce the defense budget based on changing national security needs in the post-Cold War era; and (2) savings should be used to reduce the Federal budget deficit.
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 · 17 September 1991
Designates 1992 as the Year of the Gulf of Mexico. Directs all Federal and State agencies which have responsibility for matters affecting the Gulf to work to increase public awareness regarding the immeasurable value of this resource and current conditions which threaten its aesthetic and economic value.
United States · United States Congress · 16 September 1991
1992 White House Commemorative Coin Act - Directs the Secretary of the Treasury to issue one dollar silver coins emblematic of the White House. Mandates that the total surcharges received from the sale of such coins shall be promptly paid to the White House Endowment Fund to assist its efforts to raise an endowment as a permanent source of support for the White House Collection of fine art and historic furnishings, and for the maintenance of the historic public rooms of the White House.
United States · United States Congress · 12 September 1991
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 · 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
Amends the Higher Education Act of 1965 (HEA) to revise requirements for the Robert T. Stafford Student Loan Program. Revises requirements for guaranty agreements for reimbursing losses. Requires a guaranty agency that receives reimbursement payment from the Secretary of Education (the Secretary) to: (1) assign, within 30 days of payment receipt, to the Secretary the promissory note for the loan on which such payment has been made. Makes such agency liable to the United States for collection costs if the Secretary succeeds in collecting any payment on such note from the borrower. Requires that any funds thus collected be deposited in the student loan insurance fund. Requires a guaranty agency which has made payment on a default claim to file for such reimbursement by the later of: (1) the 45th day after making such payment; or (2) the 270th day after the loan became delinquent with respect to any installment. Prohibits the Secretary from making any such reimbursement to a guaranty agency when a default claim is based on inability to locate the borrower, unless the guaranty agency demonstrates, in the filing for reimbursement, that diligent attempts have been made to locate the borrower through all skip-tracing techniques, including skip-tracing assistance from the Internal Revenue Service, credit bureaus, and State motor vehicle departments. Repeals specified provisions relating to the Secretary's equitable share of payments made by the borrower. Revises requirements for disbursement of student loans. Prohibits an eligible lender from selling a promissory note for any loan made, insured, or guaranteed under the Stafford Program until all proceeds of such loan have been disbursed. Requires the seller and purchaser of any such loan to notify the borrower at the time of its sale as to the sale and its effects on the borrower. Repeals specified provisions which: (1) limit imposition of civil penalties on lenders or guaranty agencies for specified violations, failures, or misrepresentations; (2) allow them to correct such violations to avoid liability for such penalties prior to an enforcement action; and (3) deem as a single violation subject to a single penalty a number of such violations which arise from a specific practice. Revises the definition of due diligence to cover the making (as well as the servicing and collection) of loans insured under the Stafford Program. Revises provisions for the Student Loan Marketing Association (Sallie Mae). Authorizes the Secretary of the Treasury to make necessary rules and regulations to ensure that the purposes for which Sallie Mae was established are accomplished. Authorizes the Secretary of Education and the Secretary of the Treasury to: (1) examine and audit Sallie Mae's books and financial transactions; and (2) require Sallie Mae to report on its activities. Requires Sallie Mae to provide for the conduct an annual independent compliance audit (in addition to financial audit requirements) by an independent certified public accountant in accordance with Federal standards, to determine its compliance with HEA. Grants such auditor and the Inspector General access to all items necessary for such audit. Establishes Stafford Program requirements for State approval of proprietary trade schools. Requires such approval to consist of a qualitative review and assessment of the school's facilities and activities, including on-site inspection. Requires that such State higher education agency approval extend for a period of not more than three years. Sets forth proprietary school application approval requirements, State approval criteria, and revocation procedures. Requires separate certification, approval, and accreditation to be obtained if a proprietary trade school or branch changes ownership resulting in a change of control, or if the school opens a new branch. Revises general provisions for program participation agreements, for all HEA student assistance programs, to remove requirements that certain hearings be on the record. Revises HEA to require each loan servicing agency and entity acting as a secondary market to provide for the conduct of annual independent compliance and financial audits. Requires reports to the Secretary on any financial interest held in any other entity participating in any student assistance program by officers, directors, employees, and consultants of specified entities engaged in making decisions or providing advice on administration of any such program or funds or the eligibility of any entity or individual to participate. Amends the Department of Education Organization Act to establish: (1) the position of Assistant Secretary for Student Financial Assistance; and (2) the Office of Student Financial Assistance Oversight and Enforcement, to be administered by that Assistant Secretary. Authorizes the Commissioner of the Social Security Administration, or a designee, to assist the Secretary in determining if Stafford Program student loan borrowers are using true and correct social security numbers when applying for such loans. Requires Federal and State financial regulatory agencies to provide the Secretary with information pertaining to an institution participating in any HEA student financial assistance program, upon a request pursuant to the Secretary's request pursuant to the Secretary's oversight responsibilities. Requires the Inspector General to review and report to the Congress on the role of guaranty agencies within the Stafford Program, examining their operations and relationship with State governments.Requires such report to consider and make recommendations on specified topics, including increasing agency oversight of proprietary trade schools, increasing disincentives for high default rate portfolios, and consolidation or elimination of the agencies role. Directs the Secretary to report to the Congress: (1) on the advisability of statutory protection for officials of accrediting agencies involved in the performance of legitimate Stafford Program activities; and (2) on the feasibility of setting limits on the type of proprietary trade school education that Federal funds should subsidize. Directs the President, with the Secretary's assistance, to report to the Congress on how to: (1) develop greater support and respect for skills training; (2) determine what skills the United States needs; (3) promote the most effective balance between skills training and academic forms of postsecondary education; and (4) develop the most useful balance between Federal loans and grants in the provision of skills training.
United States · United States Congress · 2 August 1991
Food Quality Protection Act of 1991 - Title I: Cancellation and Suspension - Amends provisions of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) relating to cancellation and changes in classification or other terms or conditions of registration with respect to the authority of the Administrator of the Environmental Protection Agency. Requires that a rulemaking under such provisions be based on a validated test or other significant evidence raising prudent concerns of unreasonable adverse effects to man or to the environment. Sets forth procedural requirements for such a rulemaking. Provides for amendment of a rule and for judicial review. Allows the Administrator, in the case of a suspension, to waive certain requirements. Allows the Administrator to elect to proceed with a special review proceeding or a public interim administrative review proceeding, if published before a specified date, under the law in effect before enactment of this Act. Requires the Administrator to reassess each tolerance and exemption from the requirement for a tolerance at certain times in connection with reregistration of pesticides. Establishes the Science Review Board to assist the Scientific Advisory Panel in reviews conducted by the Panel. Revises procedures applicable after denial of an application for registration. Allows the Administrator to deny an application for registration because it does not comply with the requirements of a rule issued under provisions of this Act. Repeals provisions regulating the authority of the Administrator to initiate a public interim administrative review process. Declares a decision made after a hearing in certain circumstances during phase three of reregistration to be final. Amends provisions regulating: (1) review by district courts of suspension of registrations; and (2) public hearings. Title II: Data Collection - Directs the Secretary of Agriculture to collect pesticide use data of Statewide or regional significance for all the major crops and crops of dietary significance. Mandates research, development, and dissemination of integrated pest management techniques and other pest control methods that enable producers to reduce or eliminate application of pesticides which pose a greater than negligible dietary risk to humans. Title III: Amendments to the Federal Food, Drug, and Cosmetic Act - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to define, subject to exception, "pesticide chemical" as it is defined in the FIFRA. Adds to the list of prohibited acts under the FDCA violation of provisions relating to confidentiality of data, as amended by this Act. Deems a food adulterated if it bears or contains: (1) a pesticide chemical residue that is unsafe; or (2) a new animal drug, or conversion product thereof, that is unsafe. Sets forth requirements relating to tolerances and exemptions from the requirement of a tolerance for pesticide chemical residues in food, including residues of degradation products. Prohibits establishment of a tolerance higher than a level the Administrator of the Environmental Protection Agency determines is adequate to protect the public health. Sets forth the factors the Administrator must consider. Allows a greater than negligible dietary risk if: (1) use protects from greater adverse health effects to humans or the environment; (2) use avoids greater risks from another pesticide; or (3) the unavailability of the pesticide would reduce the availability of an adequate, wholesome, and economical domestic supply of the food, and the adverse effects from the reduction would outweigh the risk posed by the residue. Allows the Administrator to issue an exemption from the requirement for a tolerance only if the Administrator determines that a tolerance is not needed to protect the public health, in view of the levels of dietary exposure that could reasonably be expected to occur. Sets forth the factors the Administrator must consider. Sets forth procedures and requirements in connection with: (1) petitions for tolerances or exemptions; (2) certain actions authorized on the Administrator's own initiative; (3) the required submission of additional data to support the continuation of a tolerance or exemption; and (4) confidentiality of data submitted to the Administrator. Provides for continuation of previously issued regulations. Sets forth transitional provisions. Prohibits a final rule that revokes, modifies, or suspends a tolerance or exemption until the Administrator has taken any necessary action under the FIFRA with respect to the registration of the pesticide involved. Requires the Administrator, if the Administrator takes certain actions with respect to the registration of a pesticide, to revoke any tolerance or exemption that allows the presence of the chemical or chemical residue. Requires the suspension of any tolerance or exemption upon the suspension of the use of an associated registered pesticide. Provides for: (1) tolerances for unavoidable residues in the case of a residue of a canceled or suspended pesticide chemical that will unavoidably persist in the environment and thereby be present in or on a food; and (2) residues resulting from an application which was lawful at the time of the application. Directs the Administrator to require the payment of fees sufficient for the Administrator's functions under these provisions. Prohibits, subject to exception, a State from establishing or enforcing any limit on a qualifying pesticide chemical residue in or on any food which is not identical to Federal requirements. Prohibits a State from enforcing a residue limit which was lawful at the time of application. Authorizes appropriations for increased monitoring by the Secretary of Health and Human Services of pesticide residues in imported and domestic food.
United States · United States Congress · 2 August 1991
Middle Income Educational Opportunity Act of 1991 - Amends the Higher Education Act of 1965 (HEA) to establish a Federal Direct Loans program consolidating current student loan programs. (Eliminates the current part D, Income Contingent Direct Loans Demonstration Project.) Directs the Secretary of Education (the Secretary) to carry out a direct loan program (the program) for qualified students at institutions of higher education during the period beginning on July 1, 1994. Directs the Secretary to make program payments for any fiscal year to: (1) each institution of higher education having a program agreement; and (2) the designated lending agent if such an institution designates one. Requires such payments to be made on the basis of the estimated needs of the institution's students, considering their demand and eligibility for subsidized and unsubsidized direct loans under the program. Sets forth program payment rules, in general and for initial payments. Declares that an institution with an approved application and agreement with the Secretary shall be deemed to have a contractual obligation (entitlement) from the United States for making the program payments specified in that application. Sets forth requirements for such applications of and agreements with institutions of higher education. Provides for allowing institutions to designate lending agents to receive advances of program payments. Sets forth types of entities eligible to be designated lending agents. Entitles an institution to a payment for each fiscal year during which it makes student loans under such an agreement in lieu of reimbursement for its expenses in administering its student loan program during such year. Sets forth formulas for determining such payments. Requires each institution to use such payments first to carry out specified HEA provisions relating to administrative expenses and then for such additional administrative costs as that institution determines necessary. Deems an institution with such program agreement to have a contractual right to such payments. Provides for student eligibility for, and the amount of, subsidized and unsubsidized loans under the program. Limits program eligibility, among other criteria, to qualified students carrying at least one-half the normal academic workload and maintaining good standing. Allows subsidized loans under the program to be made only to students who meet the basic requirements but also demonstrate financial need for such a loan. Makes qualified graduate and professional students and qualified undergraduate independent students eligible to borrow unsubsidized loans under the program in specified amounts. Makes qualified undergraduate dependent students eligible for unsubsidized loans under the program, if the financial aid administrator determines after review that exceptional circumstances will likely preclude the student's parents from borrowing under the program. Prohibits students from being eligible to borrow unsubsidized loans under the program until they have obtained a high school diploma or equivalent. Declares that, if an institution's cohort default rate is 30 percent or more for the most recent fiscal year for which data is available, no undergraduate student at that institution may borrow unsubsidized loans under the program. Directs the Secretary to afford any such institution an opportunity to present evidence contesting the accuracy of the calculation of such rate. Makes parents of qualified dependent students eligible to borrow unsubsidized loans under the program in any amount, subject to specified restrictions based on cost of attendance and amount of other unsubsidized loans and student aid. Provides for determining subsidized loan amounts, based on cost of attendance, other types of student aid received, and expected family (or independent student self-help) contribution. Sets annual and aggregate limits for subsidized loans to first-year, undergraduate, and graduate or professional students. Provides for determining unsubsidized loans to students or parents, based on cost of attendance and other types of student aid. Sets forth annual and aggregate limits for unsubsidized loans for first-year, undergraduate, and graduate or professional students. Sets forth terms of loans under the program. Provides for deferments of repayment during specified periods of education or service. Allows borrowers to accelerate without penalty repayment of the whole or any part of the loan. Sets forth additional and separate terms for subsidized loans and for unsubsidized loans under the program. Sets forth requirements for multiple disbursement of student loans. Sets forth loan repayment rules, including minimum repayment amounts. Requires if a borrower so requests, that repayment be made in accordance with a graduated or income contingent schedule established by the Secretary. Allows the Secretary and the borrower to agree to increase the specified repayment period, but prohibits it from extending beyond 20 years. Directs the Secretary to notify the student borrower, at the beginning of the repayment period, of the availability of the flexible repayment program. Provides for interest rates on unsubsidized loans (the bonds equivalent rate of 52-week Treasury bills, plus three and one-quarter percent) and subsidized loans (eight percent). Directs the Secretary to report such interest rates to the Congress for any fiscal year in which they are not sufficient to recover specified costs to the Government. Sets forth requirements for consolidation loans. Directs the Secretary to enter into agreements to provide loans to consolidate eligible student loans whose outstanding indebtedness is at least $5,000. Sets forth terms and conditions of consolidation loans, including annual interest rates of at least eight percent. Directs the Secretary to establish repayment terms, including graduated and income contingent repayment schedules. Provides for administration of the program. Requires the Secretary to establish: (1) a central data system to maintain records on all loans made under the program; and (2) default prevention programs. Provides for funding of the program through the sale of Government obligations. Sets forth the duties of the Secretary and the Secretary of the Treasury with respect to such sale and funding. Sets forth various amendments to phase out the Stafford Student Loan Program by June 30, 1994. Sets forth adjustments in loan limits prior to termination for the following components of the Stafford program: (1) the federally-insured student loan (FISL) program; (2) the guaranteed student loan (GSL) program; (3) the supplemental loans for students (SLS) program; and (4) loans to parents (PLUS) program. Revises the administrative cost allowance for guaranty agencies under the Stafford program. Provides for expanded uses of Perkins direct student loans repayments. Allows the institution to transfer any part or all of the collections of principal and interest on student loans made from deposited funds in its Perkins student loan fund to an endowment fund: (1) invested and operated in accordance with regulations prescribed by the Secretary; and (2) all of the income from which is expended to make additional funds available to its students under the Pell grants, supplemental educational opportunity grants, and work-study student and programs. Authorizes appropriations.
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.
![Official portrait of Rep. Stenholm, Charles W. [D-TX-17]](https://www.congress.gov/img/member/s000851_200.jpg)