United States · United States Congress · 2 August 1991
Negotiated Rates Equity Act of 1991 - Amends Federal transportation law to direct the Interstate Commerce Commission (ICC), in determining the reasonableness of a tariff rate for transportation or service previously rendered by a motor common carrier (except household goods carriers), where the motor carrier is claiming a tariff rate hgher than the rate originally offered, billed, and collected, to find the claimed rate unreasonable to the extent that it exceeds the rate charged by and paid to the same motor carrier or other motor carriers for like transportation or service. Directs ICC, if the motor carrier seeks to collect less than $10,000, to find that the claimed rate is per se unreasonable to the extent that it exceeds by more than 20 percent the rate originally offered, billed, and collected. Requires ICC to establish simplified procedures for determining rate reasonableness under such circumstances. Shortens the statute of limitations for the filing of claims: (1) by a motor common carrier for recovery of transportation or service charges; and (2) by a person to recover overcharges by a motor carrier. Decreases the limitation period for both kinds of claims from 36 months to: (1) 24 months for claim accruals during the year following enactment of this Act; and (2) 18 months for claim accruals on or after one year following enactment. Permits motor carriers and shippers to resolve by mutual consent, subject to ICC review and approval, any overcharge and undercharge claims resulting from billing errors or incorrect tariff provisions arising from the inadvertent failure to properly and timely file and maintain agreed upon rates, rules, or classifications.
United States · United States Congress · 2 August 1991
Judicial Survivors' Annuities Improvements Act of 1991 - Amends the Federal judicial code to authorize judicial officials of the United States (officials) to elect to contribute one percent of their salary and 3.5 percent of their retirement salary (under current law, five percent of their salary) to the Judicial Survivors' Annuities Fund. Requires an official who is not entitled to receive an immediate retirement salary upon leaving office but who is eligible to receive a deferred retirement salary at a later date to file, within 90 days before leaving office, a written notification of intent to remain within the purview of provisions with respect to the Fund (which shall constitute consent to contribute the 3.5 percent of deferred retirement salary) or be deemed to have revoked the election to participate under such provisions. Provides for the refund of deposits into the Fund for officials who leave office and are ineligible to receive a retirement salary, or who leave office and are entitled to a deferred retirement salary but fail to make an election. Counts as creditable service those years during which an official had deductions withheld from his or her retirement salary. Revises the formula with respect to the computation of the annuity to take into account the number of years during which the official had deductions withheld from his or her retirement salary. Authorizes an official who ceases to be married after making the election, to revoke such election in writing by notifying the Director of the Administrative Office of the U.S. Courts. Provides a credit for prior contributions made to the Fund by officials at the higher rate. Puts officials, including judges of the U.S. Claims Court, the District Courts of Guam, the Northern Mariana Islands, or the Virgin Islands, and bankruptcy judges and magistrate judges on a par with any other "justice or judge of the United States" (those covered under current law) with respect to eligibility for Government life insurance, termination of insurance, and conversion rights. Makes any member of a family who is a survivor of a justice or judge of the United States, a judge of the U.S. Claims Court, the District of Guam, the Northern Mariana Islands, or the Virgin Islands, a bankruptcy judge, or a full-time magistrate judge, eligible for Government health insurance.
United States · United States Congress · 2 August 1991
Ninth Circuit Court of Appeals Reorganization Act of 1991 - Divides the current U.S. Court of Appeals for the Ninth Circuit into the following two circuits: (1) the Ninth Circuit, composed of the States of Arizona, California, Hawaii, and Nevada and Guam and the Northern Mariana Islands, consisting of 19 judges, and holding regular sessions in San Francisco and Los Angeles; and (2) the Twelfth Circuit, composed of the States of Alaska, Idaho, Montana, Oregon, and Washington, consisting of nine judges, and holding regular sessions in Portland and Seattle.
United States · United States Congress · 2 August 1991
James Madison - Bill of Rights Commemorative Coin Act - Directs the Secretary of the Treasury to issue: (1) five-dollar and half-dollar coins emblematic of the Bill of Rights; and (2) one-dollar silver coins emblematic of James Madison. Sets forth guidelines for their sale and issuance, and for financial assurances. Mandates that the surcharges received by the Secretary be transmitted to the James Madison Memorial Fellowship Trust Fund. Authorizes audits by the Comptroller General. Provides a general waiver of procurement regulations when implementing this Act. Requires the Secretary to submit monthly financial status reports to certain congressional committees.
United States · United States Congress · 2 August 1991
Veterans Dignity in Health Care Act of 1991 - Directs the Secretary of Veterans Affairs to ensure that any veteran who is furnished hospital, nursing home, or domiciliary care in a Department of Veterans Affairs (Department) facility shall be entitled to purchase and consume tobacco products there. Requires the Department to maintain, and veterans being treated to have access to: (1) a commissary or canteen for the purchase of such products; and (2) a suitable indoor area for consumption of the products.
United States · United States Congress · 1 August 1991
Audio Home Recording Act of 1991 - Amends Federal copyright law to: (1) set forth definitions relating to digital audio recording devices and media; and (2) prohibit certain copyright infringement actions based on the manufacture, importation, or distribution of a digital or analog audio recording device or medium, or the use of such device or medium for making phonorecords, except when done for commercial advantage. Sets forth a mandatory recordation and filing procedure for the importation, manufacture, or distribution in the United States of digital audio recording devices or media. Requires importers and manufacturers to file quarterly and annual statements of account with the Register of Copyrights (the Register). Mandates Register verification of such statements. Sets forth verification guidelines. States that verification audit costs shall be borne by interested copyright parties. Sets forth confidentiality guidelines with respect to such mandatory statements of accounts. Prescribes royalty payment guidelines for digital audio recording devices and media imported, manufactured, or distributed in the United States. Requires that royalty payments be deposited into the Treasury. Identifies interested copyright parties entitled to royalty payments. Prescribes royalty payment allocation and distribution procedures. Permits alternative royalty collection and distribution arrangements to be negotiated among interested copyright and manufacturing parties. Maintains the Copyright Tribunal jurisdiction over such negotiated arrangements insofar as nonparticipant interests are affected. Prohibits: (1) the importation, manufacture, and distribution of any digital audio recording device or audio interface device that does not conform to certain standards and specifications to implement the Serial Copy Management System; and (2) the circumvention of such System. Directs the Secretary of Commerce to publish in the Federal Register a certain Technical Reference Document which sets forth the standards and specifications pertinent to the Serial Copy Management System. Authorizes the Secretary to implement such System according to the prescribed guidelines. Sets forth civil remedies for violations of this Act, including impoundment, remedial modification and destruction of non-complying devices, and binding arbitration.
United States · United States Congress · 1 August 1991
Expresses the sense of the Senate that in light of the current economic conditions the Federal excise taxes on gasoline and diesel fuel shall not be increased.
United States · United States Congress · 31 July 1991
Northern Cheyenne Indian Reserved Water Rights Settlement Act of 1991 - Ratifies the Water Rights Compact entered into on June 11, 1991, by the Northern Cheyenne Tribe (Tribe) and Montana. Directs the Secretary of the Interior (Secretary) to administer and enforce the Tribal water right until adoption and approval of a Tribal water code. Requires the Secretary, through the Bureau of Indian Affairs, to assist the Tribe under existing authority in developing specified acreage in the Tongue River basin and in the Rosebud Creek basin for agricultural purposes. Authorizes the Tribe or its authorized representatives, under specified conditions and subject to the Secretary's approval, to enter into a service contract, lease, exchange, or other agreement providing for the delivery, use, or transfer of the water right confirmed to it in the Compact. Directs the Secretary to identify and develop features of the Tongue River Dam Project in Montana to provide for the enhancement of fish and wildlife habitats. Authorizes appropriations for such enhancement. Directs the Secretary to establish a Tribal Development Fund for the Northern Cheyenne Tribe to be used for: (1) land and natural resources administration, planning, and development within the Reservation; (2) land acquisition; and (3) a loan to Montana for the Tongue River Dam Project costs. Authorizes appropriations. Authorizes the Secretary to provide certain funds to Montana for the modification of the Tongue River Dam. Specifies contributions to be made to such project by the Tribe (as an interest-free loan to Montana) and by the State. Authorizes appropriations for: (1) the modification of the Tongue River Dam; (2) its annual operation, maintenance, and replacement costs; and (3) all environmental compliance associated with the Compact. States that it is the intent of the Congress that nothing in this Act shall: (1) alter the trust responsibility of the United States to the Tribe; or (2) prohibit it from seeking additional authorization or appropriation of funds for Tribal programs and purposes. Directs the Secretary to allocate, subject to any prior reserved water rights, specified acre-feet per year of stored water in Big Horn Reservoir, Yellowtail Unit, Lower Bighorn Division, Pick-Sloan Missouri Basin Program, Montana, for use or disposition by the Tribe. Declares that the Tribe shall not be required to make payments to the United States for the portion of the tribal water right stored in Yellowtail Reservoir unless it uses or sells the water. Specifies the schedule of such payments. Directs the Tribe to set rates for its use or sale of stored water, and to retain all revenues from such use or sale. Retains in the United States the right to use any and all water stored in the Big Horn Reservoir for hydropower generation. Requires the Secretary to enter into an agreement with the Tribe providing for: (1) the Tribe's use or sale of water stored in the Big Horn Reservoir, under specified conditions; and (2) the collection and disposition of revenues in connection with water stored in it that is made available to the Tribe. Directs the Secretary to enter into a cooperative agreement with Montana for planning, design, and construction of the Tongue River Dam Project. Retains ownership of such dam in Montana. Expresses the intent of the Congress that nothing in this Act shall subject to the Reclamation Reform Act of 1982 any holders of State water contracts from the Tongue River Reservoir who do not have a contract for Federal reclamation storage. Directs the Bureau of Land Management to transfer specified Federal lands in Montana to the Bureau of Indian Affairs in trust for the Northern Cheyenne Tribe. States that this transfer shall not be construed as creating a Federal reserve water right. Directs the Secretary, acting through the Bureau of Indian Affairs, to pay to Montana, annually and on a nonreimbursable basis, an amount to cover the proportionate share of the annual operation, maintenance, and replacement costs for the Tongue River Reservoir Dam. Declares that the United States waives its immunity from suit to the extent necessary to permit, with specified exceptions: (1) the resolution by the Northern Cheyenne-Montana Compact Board of matters arising within its jurisdiction; and (2) the appeal or judicial enforcement of Compact Board decisions as provided in the Compact. Provides that nothing in this Act shall be construed to alter or amend any provision of the Yellowstone River Compact.
United States · United States Congress · 31 July 1991
Amends the Internal Revenue Code to provide a tax deduction for business equipment or other depreciable property donated to charitable organizations solely for the training of individuals who are disabled or needy.
United States · United States Congress · 31 July 1991
Establishes a Joint Committee on the Organization of the Congress to: (1) make a full and complete study of the organization and operation of the Congress; and (2) recommend improvements in such organization and operation with a view toward strengthening its effectiveness, simplifying its operations, improving its relationships with other branches of the Government, and improving the orderly consideration of legislation. Requires a report to the Senate and the House of Representatives not later than the adjournment sine die of the 102d Congress.
United States · United States Congress · 29 July 1991
900 Services Consumer Protection Act of 1991 - Requires the Federal Communications Commission (FCC) and the Federal Trade Commission (FTC) to initiate coordinated rulemaking proceedings to establish a consistent system for oversight and regulation of pay-per-call services in order to provide for the protection of consumers in accordance with this Act. Requires that the rules or regulations issued by the FTC require that a pay-per-call service: (1) describe the service and all charges in an introductory disclosure message; (2) enable the caller to hang up before the end of the introductory message without incurring any charge; (3) give repeat callers notice of any rate increases during the introductory message; (4) not be aimed at children under 12, unless it is an educational service; and (5) prohibit the use of a toll-free number under which a caller would be automatically connected to an access number for a pay-per-call service. Requires that the rules or regulations issued by the FCC include the following requirements for common carriers: (1) a common carrier which contracts with a provider of a pay-per-call service must make available on request a list of access numbers for each pay-per-call service it carries, a description of each service, a statement of charges, and other applicable information the FCC considers necessary; (2) a common carrier shall not disconnect a subscriber's local or long distance service because of nonpayment for any pay-per-call service; (3) a common carrier that provides local exchange service shall offer subscribers the option of blocking access to pay-per-call services; and (4) a common carrier that engages in billing and collection of charges for pay-per-call services shall offer subscribers the option of canceling charges for pay-per-call service in instances of unauthorized use or misunderstanding of such charges at the time of use, annually send to subscribers a specified disclosure statement, clearly separate pay-per-call services in any billing, have the right to recover the carrier's compliance costs, and stop the assessment of time-based charges upon disconnection by the caller. Requires the rules issued by the FTC to: (1) require any provider of a pay-per-call service to include in any advertisement specified information concerning charges; (2) require that whenever the number to be called is shown on television and print media advertisements the charges will be displayed clearly and conspicuously for the same duration that the number is displayed; (3) prohibit any pay-per-call service to emit tones during an advertisement that can automatically dial an access number; (4) require any telephone message soliciting calls to a pay-per-call service to clearly specify the charges; and (5) prohibit any person from advertising a toll-free telephone number from which a caller can or will be automatically connected to an access number for a pay-per-call number. Requires the FCC to consider adopting certain rules, including that a pay-per-call service: (1) automatically disconnect a caller after one full cycle of program; and (2) include a beep tone or other clear signal marking the passage of time. Specifies that nothing in this Act shall affect provisions of the Communications Act of 1934 concerning obscene or harassing phone calls. Sets forth provisions providing for enforcement of this Act, including: (1) criminal penalties and forfeiture penalties of the Communications Act of 1934; (2) penalties under the Federal Trade Commission Act; and (3) enforcement by States. Directs the FTC to conduct a study of and report to the Congress concerning the acquisition and use by pay-per-call providers of callers' telephone numbers.
United States · United States Congress · 26 July 1991
Rail Safety Improvement Initiatives Act of 1991 - Amends the Federal Railroad Safety Act of 1970 (the Act) to authorize appropriations for FY 1992 through 1994 for railroad research and development (except magnetic levitation) and general safety operations. Authorizes the Secretary of Transportation (Secretary) to request and use non-Federal funds for expenses incurred in training safety employees of public and private industry, and State and local authorities, except rail safety inspectors. Declares that civil penalties with respect to the failure to comply with railroad safety rules, regulations, orders, and standards shall, to the same extent as they do to railroads, apply to: (1) any owner, manufacturer, lessor, or lessee of railroad equipment, track, or facilities; or (2) any independent contractor providing goods or services to a railroad. Amends Federal law to provide criminal penalties for the murder or attempted murder or manslaughter of any Federal Railroad Administration employee assigned to perform investigative, inspection, or law enforcement functions. Requires the Secretary to report to the Congress on efforts to improve the safety of locomotive cabs. Directs the Secretary to ensure that the Secretary of Labor is apprised of the extent to which the Secretary has exercised jurisdiction to prescribe or enforce regulations or orders affecting occupational safety or health or any other Federal railroad safety laws. Requires the National Transportation Safety Board to have immediate access to event recorders and the first opportunity to read event recorder data and related materials following any reportable railroad accident. Requires the Secretary to submit to specified congressional committees a report on voice communications and advanced train control systems. Amends the Rail Safety Improvement Act of 1988 to require the Northeast Corridor Safety Committee to meet at least once every two years to consider safety matters on the main line of the Northeast Corridor. Amends the Federal Railroad Safety Act of 1970 to subject any final agency action taken under any Federal railroad safety laws to judicial review. Requires the Secretary to review the Department of Transportation's rules with respect to railroad power brakes and to revise such rules based on safety data presented during such review. Amends the Department of Transportation Act to authorize appropriations for the local rail freight assistance program.
United States · United States Congress · 26 July 1991
Medicare Enrollment Improvement and Protection Act of 1991 - Title I: Improving Enrollment - Amends title XVIII (Medicare) of the Social Security Act to require the Secretary of Health and Human Services' annual notice to Medicare beneficiaries to inform certain low-income Medicare beneficiaries of the requirements to qualify for Medicaid (title XIX of the Social Security Act) payment of their premiums, deductibles, and copayments under Medicare and how to apply for such benefit. Requires the notice described above to be prepared in a manner suitable for posting and distributed to physicians, hospital offices, and other medical facilities. Requires the Secretary to establish a toll-free telephone number for information about such benefit. Amends the Medicaid program to require the Secretary to develop a simplified form for applying for such benefit for processing at social security offices. Amends the Medicare program to provide for mandating direct enrollment of part A (Hospital Insurance) eligibles. Directs the Secretary to make grants to State agencies and approved organizations for the provision of outreach assistance to older individuals who may be eligible for such benefit. Authorizes appropriations to fund such grant program. Title II: Retroactivity - Amends the Medicaid program to permit retroactive payments of medical costs incurred by certain low-income Medicare beneficiaries in or after the third month before the month in which such an individual applied to have Medicaid cover such costs. Title III: Refunds - Allows those individuals whose incomes would have qualified them for Medicaid payment of Medicare costs, but who were not eligible for such benefit because they did not apply, to apply to have such costs refunded. Title IV: Report - Directs the Secretary to submit reports to the Congress on Department activities to ensure enrollment and full implementation of the program under the Social Security Act for Medicaid payment of Medicare costs and the effectiveness of each such activity, along with any recommendations for appropriate legislation.
United States · United States Congress · 24 July 1991
Constitutional Amendment - Requires the Congress, prior to each fiscal year, to adopt a statement in which total Federal outlays (except those for repayment of debt principal) do not exceed total receipts (except those derived from borrowing), unless a three-fifths vote of both Houses authorizes a specific excess. Limits the rate of increase in receipts in the statement to that of the increase in national income in the previous calendar year, unless law is enacted solely to approve specific additional receipts by a three-fifths majority vote of both Houses. Directs the President to submit a balanced budget. Authorizes waiver of these provisions in time of war. Sets a permanent limit on the amount of Federal public debt, prohibiting any increase unless legislation enacted by a three-fifths majority of both Houses becomes law.
United States · United States Congress · 22 July 1991
Amends the Internal Revenue Code to allow farmers' cooperatives to elect to treat as ordinary income or loss certain capital gains and losses from the disposition of assets used in conducting business with or for patrons.
United States · United States Congress · 19 July 1991
Public Telecommunications Act of 1991 - Amends the Communications Act of 1934 to authorize appropriations for the public telecommunications facilities program for FY 1992 through 1994 and for the Corporation for Public Broadcasting (CPB) for FY 1994 through 1996. Reduces from ten to nine the number of Corporation board members, lengthens the term of each member from five to six years, and staggers the terms of the members.
United States · United States Congress · 18 July 1991
Reclamation Reform Act of 1991 - Amends the Reclamation Reform Act of 1982 to revise and add certain definitions, including definitions of "landholding," "custom farmer," "active farmer," and "operation" as they apply under such Act. Makes changes to provisions concerning: (1) water service contracts; (2) pricing; (3) certification as a condition to the receipt of irrigation waters; (4) the application of ownership and pricing limitations to trusts; (5) landholdings of religious and charitable organizations; and (6) enforcement of payment for delivery of irrigation to landholders. Directs the Secretaries of the Interior and Agriculture to negotiate and execute a memorandum of understanding to permit the Secretary of the Interior access to, and use of, information collected and maintained by the Department of Agriculture which would aid enforcement of the ownership and pricing limitations of Federal reclamation law, including the Reclamation Reform Act of 1982.
United States · United States Congress · 16 July 1991
Amends the Public Health Service Act to allow grants and contracts relating to health care for rural areas to be used for model programs to: (1) conduct interdisciplinary research; and (2) deliver health care promotion and disease prevention services to individuals residing in rural areas. Adds to the list of eligible applicants nonprofit public organizations and schools of, or programs in, physical therapy. Declares that the Pacific Basin is included in the definition of "rural area." Authorizes appropriations.
United States · United States Congress · 11 July 1991
Congressional Budget Office Neutrality Act of 1991 - Amends the Congressional Budget Act to provide that appointment of the Director of the Congressional Budget Office be made after consideration of recommendations of the chairmen and ranking minority members of the House and Senate Budget Committees. (Current law specifies only the recommendations of such Committees). Requires the Director to carry out duties in an objective and nonpartisan manner. Prohibits the Office from altering information compiled at the request of a Member or Committee of the Congress, unless such Member or Committee agrees to the change. Requires the Director to notify the House Committee on Standards of Official Conduct or the Senate Select Committee on Ethics of any attempt by any Member or congressional employee to unduly influence the Office with respect to the contents of its response to any request for information or any report. Requires cost analysis estimates of congressional legislation to include direct and indirect costs. Establishes a Congressional Budget Office Board to: (1) provide general oversight of Office operations; (2) approve in advance the undertaking of any studies and reports in addition to those required by law; and (3) provide general guidance to the Director in the formulation and implementation of procedures and policies. Directs the Office to establish an Economic Advisory Council to: (1) review and make recommendations to the Board on Office activities; (2) evaluate the quality and objectivity of Office research and reports; and (3) undertake additional tasks as the Board may direct. Subjects the appointment of the Director to approval by concurrent resolution of the Senate and House of Representatives.
United States · United States Congress · 11 July 1991
Comprehensive Wetlands Conservation and Management Act of 1991 - Amends the Federal Water Pollution Control Act to revise provisions concerning permits for dredged or fill material. Prohibits, unless such activity is undertaken pursuant to a permit issued by the Secretary of the Army: (1) the discharge of dredged or fill material into U.S. waters; or (2) the draining, channelization, or excavation of wetlands. Authorizes the Secretary to issue permits for such activities. Sets forth permit application procedures. Requires the Secretary, upon receiving applications, to: (1) classify as Type A wetlands wetlands that are of critical significance to the long-term conservation of the ecosystem of which they are a part and which meet specified requirements; (2) classify as Type B wetlands wetlands that provide habitat for a significant population of avian, aquatic, or wetland dependent wildlife or provide other significant wetlands functions; and (3) classify as Type C wetlands wetlands that serve marginal functions but exist in such abundance that regulation of activities is not necessary to conserve wetlands values and functions, or are prior converted cropland, fastlands, or wetlands within intensely developed areas that do not serve significant wetlands functions. Directs the Secretary to notify a permit applicant of the classification. Permits owners of interests in Type A wetlands to seek compensation for the fair market value of such lands. Provides that title for such lands shall pass to the United States upon acceptance of an offer for compensation. Deems such takings to be takings of surface interests in lands only or water rights allocated under State law unless the Secretary determines that the exploration for, or development of, oil and gas or mineral interests is not compatible with conservation of the surface interests in lands that have been classified as Type A wetlands. Authorizes the Secretary to classify such interests as Type A wetlands and to notify the owner that he may receive compensation. Sets forth provisions concerning court jurisdiction and remedies for taking of interests. Requires the Secretary to deny a permit authorizing activities in Type A wetlands unless: (1) such activities can be undertaken with minimal alteration or surface disturbance; (2) there are overriding public interest concerns that require use of the lands for purposes other than conservation; or (3) the proposed use of the land will result in overall environmental benefits. Authorizes the Secretary to issue a permit for activities in Type B wetlands subject to conditions that ensure that the watershed or aquatic ecosystem of which such wetlands are a part does not suffer loss or degradation of wetlands values or functions. Imposes requirements for mitigation when such activities result in the permanent loss or degradation of Type B wetlands where such loss or degradation is not a temporary or incidental impact. Directs the Secretary to establish a mitigation banking program in each State to ensure compensation for loss and degradation of wetlands. Requires the primary objective of such programs to be to provide for the restoration, enhancement, or creation of ecologically significant wetlands on an ecosystem basis. Sets forth requirements of such programs. Permits activities in Type C wetlands to be undertaken without specified authorization. Authorizes the Secretary to issue general permits on a State, regional, or nationwide basis for activities in wetlands if such activities are similar in nature and will not result in the significant loss of ecologically significant wetlands values and functions. Exempts specified activities from this Act's requirements. Permits States or political subdivisions to submit land management plans for identified wetlands for the Secretary's approval. Authorizes and directs the Secretary to establish standards that govern the delineation of lands as wetlands. Prohibits more than 20 percent of any county, parish, or borough from being classified as Type A wetlands. Requires the Director of the U.S. Fish and Wildlife Service to undertake a project to identify and classify U.S. wetlands. Provides for public participation in such project and makes information concerning identification and classification available to the public. Authorizes the Secretary to commence civil actions for permit violations. Prescribes civil penalties for such violations. Authorizes States to administer permit programs for activities covered by this Act, subject to the Secretary's approval.
United States · United States Congress · 11 July 1991
World Cup USA 1994 Commemorative Coin Act - Directs the Secretary of the Treasury to issue a specified number of five-dollar gold coins, one-dollar silver coins, and half-dollar clad coins in commemoration of the 1994 World Cup and the unique appeal of soccer. Sets forth certain features of such coins and provides for their design, issuance, and sale. Requires that all sales include a surcharge of $35 per coin for the five-dollar coins, $7 per coin for the one-dollar coins, and $1 per coin for the half-dollar coins. Requires that all surcharges be paid to the Organizing Committee to organize and stage the 1994 World Cup. Requires that ten percent of such funds shall be made available through the U.S. Soccer Federation Foundation, Inc., for distribution to institutions for scholastic scholarships to qualified students.
United States · United States Congress · 28 June 1991
Limited Partnership Rollup Reform Act of 1991 - Amends the Securities and Exchange Act of 1934 to revise proxy solicitation rules with respect to partnership rollup transactions (in which general partners combine several limited partnerships into one unit that trades on a stock exchange). Requires any proxy rules prescribed by the Securities Exchange Commission (SEC) to: (1) permit dissenting shareholders in a proposed rollup to contact other limited partners before the transaction date without first having to file a written proxy statement with the SEC; (2) prohibit any general partner from paying directly or indirectly any person providing solicitation services (a broker-dealer) on the basis of whether the solicitations either approve or disapprove the proposed transaction, or the compensation is contingent on the transaction's approval or completion; (3) require the issuer to provide to a shareholder (limited partner) a list of all limited and general partners involved in the proposed rollup; (4) require the rollup prospectus to be clear, concise, and understandable and summarize all effects of the proposed transaction, conflicts of interest, changes in voting rights and ownership interests, dissenters' rights, and other pertinent information; (5) provide that the soliciting material describe in reasonable detail any opinion, appraisal, or report that is prepared by a person, unaffiliated with the general partner or sponsor and received by the entity subject to the transaction or its affiliates and that is related to the proposed transition; (6) require that each prospectus be accompanied by an independent opinion on the rollup's fairness; and (7) give each shareholder at least 60 days to review the prospectus; and (8) contain such other provisions as the SEC determines necessary. Requires the rules of a national securities association to prevent association members from participating in any rollup transaction unless it protects the rights of dissenting limited partners, including: (1) the right to an appraisal and compensation, or to retain a security under the same terms as the original issue; (2) the right not to have dissenters' voting power unfairly reduced or abridged; (3) the right not to bear the costs of a rejected rollup; and (4) restrictions on the conversion of management profit-sharing interests and incentive fees into asset-based management fees. Requires a national securities exchange to prohibit the listing of any security resulting from a rollup transaction unless it provided for such dissenters' rights. Requires SEC rules to prohibit any national market system from trading any security resulting from a rollup transaction unless it provided for such dissenters' rights.
United States · United States Congress · 28 June 1991
Small Business Economic Opportunity Enhancement Act of 1991 - Amends the Small Business Act to establish a five-year microloan demonstration program to: (1) make direct loans to intermediaries (such as community development corporations) for short-term loans to eligible small businesses; and (2) make grants to intermediaries for marketing, management, and technical assistance to small business borrowers.
United States · United States Congress · 27 June 1991
Chemical Control and Environmental Responsibility Act of 1991 - Amends the Comprehensive Drug Abuse Prevention and Control Act of 1970 (Comprehensive Act) to: (1) replace references to "listed precursor chemicals" with "list I chemicals" and "listed essential chemicals" with "list II chemicals"; and (2) revise the definition of "regulated person" to include individuals who act as brokers or traders for international transactions involving a listed chemical, tableting machine, or encapsulating machine. Redefines "regulated transaction" to: (1) include international transactions which do not involve the importation or exportation of a listed chemical into or out of the United States if a broker or trader located in the United States participates in the transaction; (2) include, in the case of a listed chemical that is contained in a drug that may be marketed or distributed lawfully in the United States under the Federal Food, Drug, and Cosmetic Act, transactions involving ephedrine or any other listed chemical which the Attorney General may designate as not subject to exemption after finding that such action would prevent diversion and the total quantity of such chemical included in the transaction equals or exceeds the threshold established for that chemical by the Attorney General; and (3) exclude any transaction in a chemical mixture (current law) which the Attorney General has designated as exempt based on a finding that the mixture is formulated in such a way that it cannot be easily used in the illicit production of a controlled substance and that the listed chemical or chemicals contained in the mixture cannot be readily recovered. Requires every person who manufactures or distributes, or who proposes to engage in the manufacture or distribution of, a list I chemical to obtain annually a registration issued by the Attorney General. Authorizes and directs the Attorney General to register an applicant to distribute a list I chemical unless he determines that the issuance of such registration is inconsistent with the public interest, taking into consideration the following factors: (1) maintenance of effective controls against diversion of listed chemicals into other than legitimate channels; (2) compliance with applicable Federal, State, and local law; (3) prior conviction record of the applicant under Federal or State laws relating to controlled substances or chemicals; (4) past experience in the manufacture and distribution of chemicals; and (5) such other factors as may be relevant to and consistent with the public health and safety. Makes provisions with respect to the denial, revocation, and suspension of registration relating to the manufacture, distribution, or dispensation of controlled substances explicitly applicable to list I chemicals. Directs the Attorney General to register an applicant to import or export a list I chemical unless he determines that the issuance of such registration is inconsistent with the public interest. Makes it unlawful for a regulated person to distribute, import, or export a list I chemical without the registration required under the Comprehensive Act. Requires each regulated person who manufactures a listed chemical to report annually to the Attorney General information concerning listed chemicals manufactured by such regulated person. Makes any person located in the United States who is a broker or trader for an international transaction in a listed chemical which is a regulated transaction solely because of that person's involvement as a broker or trader, with respect to that transaction, subject to all of the notification, reporting, record-keeping, and other requirements placed upon exporters of listed chemicals by the Comprehensive Act. Authorizes the Attorney General to: (1) require that the 15-day advance notice requirement with respect to the importation and exportation of listed chemicals apply to all exports of specific listed chemicals to specified nations, regardless of the status of certain customers in such country as "regular customers," if such action is necessary to support effective diversion control programs or is required by treaty or other international agreement to which the United States is a party; and (2) waive the 15-day advance notice requirement for exports of specific listed chemicals to specified countries, and for the importation of specific listed chemicals, if such advance notice is not required for effective chemical control, subject to specified requirements. Establishes penalties for: (1) exporting, or serving as a broker or trader for an international transaction involving, a listed chemical knowing or having reasonable cause to believe that the chemical will be used to manufacture a controlled substance in violation of the laws of the country to which the chemical is exported; and (2) importing or exporting a listed chemical with intent to evade reporting or record-keeping requirements under the Comprehensive Act by falsely representing to the Attorney General that the importation or exportation qualifies for a waiver of the advance notice requirement by misrepresenting either the actual country of final destination of the listed chemical, the actual listed chemical being imported or exported, or both. Amends list I to add benzaldehyde and nitroethane, and delete D-lysergic acid, N-ethylephedrine, and N-ethylpseudoephedrine. Eliminates "regular supplier" status and creates "regular importer" status. Modifies the definition of "controlled premises" to include places where listed chemicals or records relating to the manufacture, distribution, or disposition of listed chemicals are maintained. Makes it a felony for a person who possesses a listed chemical with intent that it be used in the illegal manufacture of a controlled substance to manage the listed chemical or waste from the manufacture of a controlled substance other than as required under the Solid Waste Disposal Act. Specifies that, in addition to a penalty that may be imposed for the illegal manufacture, possession, or distribution of a listed chemical or toxic residue of a clandestine laboratory, a person who violates such prohibition shall be assessed costs of the initial cleanup and disposal of the listed chemical and contaminated property and the cost of restoring property damaged by exposure to such chemical. Expresses the sense of the Congress that guidelines issued by the U.S. Sentencing Commission should recommend that the term of imprisonment for such a violation be not less than five (or in the case of a willful violation, not less than ten) years. Authorizes: (1) the court to order that all or a portion of the earnings from work performed by a defendant in prison be withheld for payment of such costs; and (2) the Attorney General to direct that assets forfeited in connection with a prosecution under this Act be shared with State agencies that participated in the seizure or cleanup of the contaminated site. Specifies that a discharge in bankruptcy does not discharge an individual debtor from any debt for costs assessed with respect to the management of listed chemicals under the Comprehensive Act. Provides for access by the Attorney General to information in the National Practitioner Data Bank.
United States · United States Congress · 27 June 1991
Directs the Secretary of the Treasury to pay a specified sum to a named individual in full and complete satisfaction of all costs arising out of the legal defense and mental pain and suffering incurred from legal action initiated by a federally-funded advocacy group.
United States · United States Congress · 27 June 1991
General Accounting Office Reform Act of 1991 - Title I: Special Inspector General for the General Accounting Office - Establishes the Office of Special Inspector General for the General Accounting Office to be headed by the Special Inspector General. Requires the Special Inspector General to conduct a study and an audit of the operations of the General Accounting Office (GAO), which includes the drawing of samples of GAO studies and subjecting them to independent, outside review of accuracy, fairness, and professionalism. Requires appropriate reports to the Congress and the President on the results of such study and audit, including a review of whether GAO should be limited to strictly accounting and auditing functions. Authorizes appropriations. Title II: General Accounting Office Reform - Limits GAO use of funds for consulting services for FY 1992 to 75 percent of the amount spent for such services in FY 1991. Requires annual Comptroller General reports to the Congress on GAO's internal control structure. Prohibits GAO studies, investigations, or audits which have not been requested by the Congress or a Federal agency or are not required by statute. Requires reimbursement for GAO assignments and details to congressional committees and offices and to Federal agencies. Requires appropriate House and Senate leadership notification in cases of the former. Requires annual GAO reports on its employees detailed to executive agencies or the Congress for submission to the House and Senate leadership. Provides for congressional committee and Congressional Research Service and other congressional agency review and comment with respect to GAO draft reports. Prohibits GAO personnel from performing official duties in a combat zone. Requires GAO reports to the Congress and the President on studies or audits of Federal agencies to note the subject agency's lack of review or comment on such report. Requires the President to designate an Inspector General to conduct a financial audit and internal controls examination of GAO each Congress for submission to the President and the Congress. Requires the Congress to review the Special Inspector General's final report under title I and take appropriate actions.
United States · United States Congress · 27 June 1991
Designates September 20, 1991, as National POW/MIA Recognition Day. Authorizes the POW/MIA flag to be flown on a flagstaff of the White House, the Departments of State, Defense, and Veterans Affairs, the Selective Service Commission, each national cemetery, and the National Vietnam Veterans Memorial on such day. Provides that the flag may be flown on a flagstaff of each national cemetery and the National Vietnam Veterans Memorial on May 30, 1991 (Memorial Day), and on September 2, 1991 (Labor Day). States that it is the sense of the Congress that the POW/MIA flag be displayed under this Act as an expression and symbol of the concern and commitment of the people and the U.S. Government to resolving the uncertainty relating to members of the U.S. armed forces who are missing in action or whose locations are unknown as result of United States foreign wars (including those members who may still be prisoners of war).
United States · United States Congress · 26 June 1991
Amends the Internal Revenue Code with respect to the corporate income tax exclusion of contributions to the capital of the taxpayer. Includes as a qualifying contribution any amount of money or property received by a regulated public utility (a utility required to provide electric energy, gas, water, or sewage disposal services) that: (1) is a contribution in aid of construction (as defined by regulations to be promulgated by the Secretary of the Treasury); (2) meets certain expenditure requirements; and (3) is not included in the taxpayer's rate base. Excludes amounts paid as customer connection fees.
United States · United States Congress · 25 June 1991
Requires the Secretary of the Interior to make available Pick-Sloan Missouri River Basin Program project pumping power at the firm power rate to the Haidle and Hammond irrigation projects in Prairie and Rosebud Counties, Montana.
United States · United States Congress · 25 June 1991
Employee Benefits Simplification and Expansion Act of 1991 - Title I: Nondiscrimination Provisions - Amends the Internal Revenue Code with respect to employee benefit plans. Redefines the term "highly compensated employee" for pension, profit sharing, and stock bonus plans, etc., purposes. Makes such employee one who is a five-percent owner or who has compensation from the employer in excess of $50,000. Provides a special rule where no employees are treated as highly compensated. Provides that the cost of living adjustment with respect to any calendar year is based on the increase in the applicable index as of the close of the calendar quarter ending September 30 of the preceding calendar year. Requires the rounding of such amounts to the nearest $1,000, except that elective deferrals and elective contributions to simplified employee pensions are to be rounded to the nearest $100. Allows an employer to determine an employee's compensation solely by reference to such employee's base pay. Provides that the minimum participation rule applies only to defined benefit pension plans. Requires such plans to benefit not less than 25 employees, or the greater of 40 percent of all employees or two employees (or if there is only one employee, such employee). Sets forth alternative methods of meeting nondiscrimination requirements for cash or deferred arrangements, including specified contribution and notice requirements. Sets forth alternative methods of satisfying the nondiscrimination test for matching contributions. Revises the method for distributing excess contributions to highly compensated employees. Title II: Distributions - Allows distributions from qualified pension plans to be rolled over tax-free to an individual retirement account or another qualified plan or annuity. Eliminates five-year forward averaging for lump-sum distributions from qualified plans. Requires certain tax-free distributions to be made in the form of a direct trustee-to-trustee transfer to an eligible individual retirement plan. Sets forth administrative requirements in making such distributions. Requires distributions to be made from qualified plans by April 1 of the calendar year following the later of: (1) the calendar year in which the employee attains age 70; or (2) the calendar year in which the employee retires. (Present law requires such distributions no later than April 1 of the calendar year following the calendar year in which the employee attains age 70 1/2.) Title III: Miscellaneous Provisions - Revises the definition of a leased employee to include one whose services are performed under the control of a service recipient, instead of one whose services are historically performed by employees. Replaces the 59 1/2- and 70 1/2-year age requirement with 59- and 70-year age requirements for specified pension plans. Eliminates the special aggregation rules that apply to plans maintained by owner-employees that do not apply to other qualified plans. Makes the 150 percent current liability limitation on the deduction allowed for employer contributions to qualified pension plans inapplicable to multi-employer plans. Repeals the present law annual valuation requirement for such plans and applies the prior law requirement that valuations be performed at least every three years. Sets forth affiliation requirements for employers jointly maintaining a voluntary employees' beneficiary association. Provides that compensation, in the case of a governmental plan, includes any amount which is contributed by the employer pursuant to a salary reduction agreement and which is not includible in the gross income of an employee under cafeteria plans, cash or deferred arrangements, tax-exempt organization or public school annuities, State or local government plans, or deferred compensation plans of State and local governments and tax-exempt organizations. Makes the following limitations inapplicable to plans maintained by State and local governments and certain tax-exempt organizations: (1) excess benefit limitations; (2) compensation limitation on benefits; and (3) limitations on disability and survivor benefits. Allows government plan employers to revoke the grandfather election on the limitation to equal accrued benefits. Modifies provisions relating to simplified employee pensions. Increases the number of allowable participants for salary reduction arrangements from 25 to 100. Allows participation after one year of service (currently, three years of service is required). Repeals the requirement that at least 50 percent of eligible employees participate in a salary reduction arrangement. Eliminates certain requirements regarding contributions on behalf of disabled employees. Allows rural cooperative plans which include cash or deferred arrangements to make distributions to participants after attainment of age 59. Includes reports of pension and annuity payments in information returns and payee statements. Eliminates reports of designated distributions from the scope of the $25 per day penalty. Provides a $10 reporting threshold for designated distributions. Makes tax-exempt organizations eligible for cash or deferred arrangement pension plans.
United States · United States Congress · 25 June 1991
Community Stability Act of 1991 - Declares that it is the policy of the Congress with respect to management and use of national forests and public lands of the United States not to: (1) create instability in the resource-dependent communities associated with each particular national forest or unit of public land; (2) create access barriers to any area of the national forests or public lands for persons who are disabled or limited in personal mobility because of age; or (3) create disadvantages to minority groups through reductions of employment, housing, or career opportunities. Requires the Secretary of Agriculture and the Secretary of the Interior to include in their statutory planning for each national forest and unit of public land certain additional requirements implementing the policy of this Act.
United States · United States Congress · 25 June 1991
Amateur Radio Spectrum Protection Act of 1991 - Amends the Communications Act of 1934 to prohibit the Federal Communications Commission (FCC) from diminishing existing allocations of spectrum (available radio frequencies) to the amateur radio service after January 1, 1991. Requires the FCC to provide replacement spectrum to the service for any frequency reallocation after such date.
United States · United States Congress · 20 June 1991
Provides, in applying certain Treasury regulations for taxable years after December 31, 1991, for determining the value of a flight by an individual who is not flying primarily for an employer's business on the basis of the percentage of seats occupied by individuals (other than crew) whose flights are primarily for the employer's business rather than the percentage of seating capacity.
United States · United States Congress · 19 June 1991
Federal Used Property for Humanitarian Relief Act of 1991 - Amends the Federal Property and Administrative Services Act of 1949 to authorize the Administrator of the General Services Administration to make available to foreign governments or international relief agencies for humanitarian relief purposes nonlethal surplus personal property not needed for State disaster relief or by the American Red Cross or by States or territories for educational or public health purposes. Requires transfer of such property to the Secretary of State for distribution. Makes the Secretary responsible for the reacquisition of such property from the donee government or agency upon determining that its need for such property ceases to exist. Requires the Secretary to retransfer such property to the Administrator for further disposition. Authorizes executive agencies having any such property in a foreign country that has not been returned to the United States to make such a transfer. Repeals provisions authorizing the Secretary of Defense to make available for humanitarian relief purposes any nonlethal excess supplies of the Department of Defense.
United States · United States Congress · 19 June 1991
Medicare Physician Regulatory Relief Amendments of 1991 - Amends title XVIII (Medicare) of the Social Security Act to: (1) prohibit the denial of physician claims because of patient failure to complete Medicare secondary payer questionnaires; (2) prohibit carriers from using extrapolation to recover the amounts they reimbursed physicians for claims for which Medicare disallows payment if the physician requests that each such claim be individually identified; (3) prohibit the imposition of specified user fees on physicians; (4) require consideration of physician comments in annual carrier performance reviews; (5) allow individuals (including physicians) to file administrative appeals when they have suffered damages as a result of the failure of a carrier to carry out Medicare policies; and (6) require review of medical necessity denials by physicians in the same medical specialty as the physician providing the service. Amends the Medicare and Medicaid (title XIX of the Social Security Act) programs to permit the reimbursement of a patient's regular physician for services provided by another physician who covers for the regular physician under contractual arrangements. Amends title XI of the Social Security Act to repeal the peer review requirement for certain surgical procedures.
United States · United States Congress · 14 June 1991
Omnibus Adoption Act of 1991 - Title I: National Advisory Council on Adoption - Establishes the National Advisory Council on Adoption (the Council), to be appointed by the Secretary of Health and Human Services (HHS). Terminates such Council after four years. Title II: Adoption Data Collection System - Directs the Secretary of HHS to: (1) report to the Congress, within 30 days, on the status of the implementation of the adoption data collection system required under specified provisions of the Social Security Act, including specific assurances relating to such system; (2) report monthly to the Congress on the progress made in implementing such system; and (3) consult with the Council in developing regulations to carry out such reporting requirements and assurances. Title III: Adoption Education Programs - Amends the Higher Education Act of 1965 (HEA) to establish a program of fellowships for graduate study in social work, in innovative programs concerning the effects of adoption on the adopted children, their adoptive families, and their biological parents who make an adoption plan. Directs the Secretary of Education to award up to 50 such fellowships. Sets forth provisions for student selection procedures, stipends, payments to institutions, fellowship conditions, consultation with the Council, and an authorization of appropriations for FY 1992 through 1994. Directs the Secretary of Education, within one year after enactment of this Act, to make grants to States to carry out adoption education programs. Sets forth provisions for grants amounts, applications and agreements, program guidelines, consultation with the Council, and an authorization of appropriations for FY 1992 through 1994. Title IV: Adoption Benefits for Federal Employees and Military Personnel - Amends Federal law relating to Federal employees to allow their sick leave (including advance sick leave) to be used for purposes relating to the adoption of a child. Includes prenatal and maternal benefits (other than those relating to a surrogate parenting arrangement) for the biological mother of an adoptive child among the types of benefits which may be provided under Federal employee benefits plans. Directs the Office of Personnel Management (OPM) to establish minimum standards for this type of benefits, in accordance with specified guidelines. Amends Federal law relating to members of the uniformed services to require establishment of a program to reimburse them for expenses they incur for prenatal and maternal care provided to the biological mother of a child they legally adopt. Limits such reimbursement to care provided on or after the date on which the member notifies the appropriate administering Secretary. Prohibits such reimbursement for expenses incurred in carrying out a surrogate parenting arrangement. Includes prenatal care among types of authorized care for military dependents. Includes care for preexisting conditions among the types of authorized care for adopted children of uniformed service members. Defines adopted child, for purposes of Federal law relating to members of the uniformed services, as a child with respect to whom a written plan of adoption has been entered into pursuant to the laws of the State in which the child resides. Directs OPM and the Secretary of Defense to coordinate their development of regulations and guidelines to carry out their responsibilities under this title, and to consult with the Council in such development. Title V: Adoption Tax Credit - Amends the Internal Revenue Code (IRC) to establish a refundable tax credit for certain amounts of adoption expenses, for taxpayers at certain income levels. Title VI: Maternal Health Certificates Program - Directs the Secretary of HHS, within 180 days after enactment of this Act, to establish a program to provide maternal health certificates for eligible pregnant women to use to cover expenses incurred in receiving services at a maternal and housing services facility. Bases eligibility on an individual's having an annual individual income of not greater than 175 percent of the applicable official poverty line income. Determines such income without taking account of: (1) the income of any parent or guardian of the individual; or (2) the income of an estranged spouse who has been living apart from the woman for at least six months. Prohibits finding an individual ineligible for such program solely on the grounds that they do not receive aid under the State plan for aid for families with dependent children (AFDC) under the Social Security Act. Sets limits on the amount of expenses which such program certificates may cover. Directs the Secretary of HHS to consult with the Council in developing regulations for such program. Authorizes appropriations for FY 1992 through 1994 for such maternal health certificates program. Title VII: Rehabilitation Grants for Maternity Housing and Services Facilities - Directs the Secretary of Housing and Urban Development (HUD) to carry out a program to make grants to eligible nonprofit entities for rehabilitation of existing structures for use as facilities to provide housing and services to pregnant women. Sets forth provisions for such grant program authority, applications, limitations on numbers and amounts of grants, and reporting requirements. Directs the Secretary of HUD to consult with the Council in issuing such program regulations. Authorizes appropriations for such program for FY 1992 through 1994. Title VIII: Sense of Congress Regarding Changes in State Adoption Laws - Expresses the sense of the Congress that each State should adopt and enforce specified types of adoption laws, rules, or regulations, which include provisions for: (1) disclosure of all relevant information, including background information (except actual identification of the child or biological parents), to the prospective adoptive parent, with criminal penalties for unauthorized disclosure, (2) pre-placement investigations of the prospective adoptive parent; (3) disclosure to the court of all costs incurred by or on behalf of each party to the adoption; (4) guaranteed adequate legal representation for the biological mother; (5) filing of a petition for adoption with the appropriate court within one year after placement; and (6) coverage by the health plan of the adoptive parent of pregnancy and childbirth expenses (excluding surrogate parenting arrangements) for the child and the biological mother, or for any dependent child of the plan enrollee, and plan coverage of pre-existing conditions of adopted children.
United States · United States Congress · 13 June 1991
Recreational Hunting Safety and Preservation Act of 1991 - Makes it unlawful to intentionally obstruct a lawful hunt (as defined by this Act) within a national forest. Establishes: (1) civil penalties for such violations; (2) procedures for individual and government agent complaints; and (3) permitted uses of collected penalty money. Authorizes injunctive relief. Permits an affected individual or sportsman's organization to bring a civil action to recover actual and punitive damages and attorney's fees.
United States · United States Congress · 11 June 1991
Amends the Internal Revenue Code to provide for the treatment of rental and nonrental real estate activities under the limitations on losses from passive activities.
![Official portrait of Sen. Burns, Conrad R. [R-MT]](https://www.congress.gov/img/member/b001126_200.jpg)