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United States · Official source
2,623 records where Rep. Atkins, Chester G. [D-MA-5] is listed as a sponsor, author, or other actor. Search with topics and years
United States · United States Congress · 22 October 1991
Designates 1992 as the Year of Reconciliation Between American Indians and Non-Indians.
United States · United States Congress · 22 October 1991
Designates December 1991 as Bicentennial of the District of Columbia Month.
United States · United States Congress · 22 October 1991
Expresses the sense of the Congress that the President should: (1) condemn the use of force in Yugoslavia; (2) recognize the independence of the Republics of Croatia and Slovenia; and (3) work for the cessation of hostilities leading to a negotiated settlement and peace in the region.
United States · United States Congress · 17 October 1991
Directs the Administrator of the Environmental Protection Agency (EPA), acting through the Office of Research and Development, to enter into an arrangement with the National Academy of Sciences to conduct a study of the environmental research basis for wetlands delineation. Requires the Academy to report the findings of the study to the Congress, along with recommendations for legislative and administrative actions. Authorizes appropriations. Expresses the sense of the Congress that the EPA should not adopt proposed revisions to the Federal Manual for Delineating Wetlands until six months after the Academy submits such report.
United States · United States Congress · 17 October 1991
Designates January 4 through 10, 1992, as Braille Literacy Week.
United States · United States Congress · 17 October 1991
Expresses the sense of the Congress that: (1) the International Red Cross/Red Crescent Movement should include Magen David Adom (MDA) as a legitimate national society of the Movement; (2) the Star of David should be recognized as a legitimate symbol of humanitarian concern when utilized by MDA; and (3) all other national societies of the Movement should support full MDA membership.
United States · United States Congress · 16 October 1991
Super Savings Bond Act - Provides for the issuance of 12-year super savings bonds, through payroll deduction or regular monthly purchase plans, to increase national savings and reduce the Federal debt owed to foreign creditors.
United States · United States Congress · 16 October 1991
Designates March 1992 as Irish-American Heritage Month.
United States · United States Congress · 11 October 1991
Declares that Members of Congress are no longer exempted from Federal laws, including the: (1) Americans with Disabilities Act; (2) title VII of the 1964 Civil Rights Act; (3) Equal Opportunity Act; (4) Occupational Safety and Health Act; (5) Fair Labor Standards Act; and (6) Freedom of Information Act. Makes it illegal to furnish any Member of the Congress, at the expenses of the Federal Government, free or at reduced costs: (1) medicine; (2) hospital care; (3) ambulance services; (4) meals; (5) flowers or plants; (6) pictures or picture frames; (7) haircuts; or (8) other items, services, or privileges, except official office expenses such as supplies and stationery.
United States · United States Congress · 8 October 1991
Economic Equity Act - Title I: Employment Opportunities - Subtitle A: Nontraditional Employment for Women Act - Nontraditional Employment for Women Act - Amends the Job Training Partnership Act to modify requirements regarding women in nontraditional employment (defined as occupations or fields where women comprise less than 25 percent of the individuals) relating to: (1) job training plans and coordination and special services plans; (2) the duties of the State job training coordinating council; and (3) the use of certain funds. Requires States to develop demonstration programs to train and place women in nontraditional employment. Subtitle B: Worker Retraining Act of 1991 - Worker Retraining Act of 1991 - Mandates grants to not more than ten States to plan, establish, and operate worker retraining initiatives to allow employed low-income individuals to advance from low skill to higher skill positions. Authorizes appropriations. Subtitle C: Women in Apprenticeship Occupations and Nontraditional Occupations Act - Women in Apprenticeship Occupations and Nontraditional Occupations Act - Requires the Department of Labor to promote an outreach program to employers to inform employers of the availability of technical assistance in preparing the work place to employ women in apprenticeable occupations and other nontraditional occupations. Mandates a report to the Congress on the participation of women in apprenticeable and other nontraditional occupations. Subtitle D: Glass Ceiling Act of 1991 - Glass Ceiling Act of 1991 - Establishes a Glass Ceiling Commission to study and report to the President and appropriate committees of the Congress concerning: (1) eliminating artificial barriers to the advancement of women and minorities; and (2) increasing the opportunities and developmental experiences of women and minorities to foster advancement to management and decision making positions in business. Establishes the National Award for Diversity and Excellence in American Executive Management. Allows a recipient business to publicize the receipt of the award and use the award in its advertising, if the business agrees to help other U.S. businesses improve with respect to the promotion of opportunities and developmental experiences of women and minorities to foster the advancement of women and minorities to management and decision making positions. Authorizes appropriations. Terminates the Commission and the authority to make awards four years after enactment of this Act. Subtitle E: Women and Minorities in Science and Mathematics Act of 1991 - Women and Minorities in Science and Mathematics Act of 1991 - Amends the Higher Education Act of 1965 with regard to women and minorities who are underrepresented in science and mathematics to mandate grants and contracts for education programs. Modifies existing provisions regarding: (1) off-campus programs; (2) adult and continuing education staff development; (3) research and research application in adult and continuing education; (4) the "talent search" and "upward bound" programs; (5) midcareer teacher retraining; (6) school, college, and university partnerships; (7) professional development resource centers; (8) congressional teacher scholarships; (9) model and cooperative education; (10) graduate education programs; (11) Harris fellowships; (12) graduate assistance in areas of national need; (13) the Minority Science Improvement Program; and (14) science and engineering access programs. Subtitle F: Commission on the Advancement of Women in the Science and Engineering Work Forces Act - Commission on the Advancement of Women in the Science and Engineering Work Forces Act - Establishes the Commission on the Advancement of Women in the Science and Engineering Work Forces. Title II: Women in Business - Subtitle A: Act for Microenterprise - Act for Microenterprise - Amends the Social Security Act to exclude business assets from consideration in determining: (1) eligibility for aid and services to needy families with children (AFDC); and (2) income and resources in connection with provisions relating to supplemental security income (SSI). Excludes income from a business with five or fewer employees, during the first year of the business, from consideration in determining the amount of aid under AFDC and SSI. Amends the Internal Revenue Code (IRC) to require approval of any State law making unemployment compensation payable to individuals starting microenterprises. Requires State law to entitle an individual performing services in a microenterprise to receive regular or extended unemployment compensation. Amends the Housing and Community Development Act of 1974 to allow assistance under certain provisions of the Act to be used for: (1) loans to commercial enterprises with five or fewer employees, one or more of whom own the enterprise; and (2) counseling, technical assistance, educational programs, planning, and training to facilitate such commercial enterprises. Amends the Small Business Act to set forth Congressional findings regarding microenterprises and implementation of loan programs under specified provisions of the Small Business Act and the Small Business Investment Act of 1958. Amends the Home Owners' Loan Act to add references to microenterprise loans to provisions defining "qualified thrift investments." Requires each Federal banking agency to establish a division to be known as the Microenterprise Technical and Operations Office to offer technical assistance, training, outreach, and other support. Subtitle B: Microlend for the Future Act - Microlend for the Future Act - Authorizes the Administrator of the Small Business Administration to make loans and grants to community based organizations for the startup and expansion of microenterprises, with the organizations using the loans to make loans and the grants to provide technical assistance to microenterprises. Authorizes appropriations. Subtitle C: Women's Business Procurement Assistance Act of 1991 - Women's Business Procurement Assistance Act of 1991 - Amends the Small Business Act to add references to small businesses owned and controlled by women to provisions concerning: (1) Government-wide goals for participation of small businesses in procurement; (2) U.S. policy on small business participation in Federal procurement and on timely payment by prime contractors to small business subcontractors; and (3) a clause required to be included in Federal agency contracts. Requires that each Federal agency having procurement powers: (1) designate a specialist responsible for programs to assist small businesses owned and controlled by women; and (2) engage in affirmative efforts to identify and solicit offers from such businesses. Establishes in the Small Business Administration the Office of Women's Business Ownership. Subtitle D: Equal Surety Bond Opportunity Act - Equal Surety Bond Opportunity Act - Prohibits discrimination by a surety in any aspect of a surety bond transaction: (1) on the basis of race, color, religion, national origin, sex, marital status, or age; (2) because the applicant has exercised any right under this title; or (3) because the applicant previously obtained a bond through certain means. Specifies activities not constituting discrimination. Provides for civil and equitable relief and prohibits a company from being approved as a surety by the Secretary of the Treasury unless the company is in full compliance with the requirements of this subtitle. Amends Federal Law to require surety companies to be in compliance with this subtitle. Subtitle E: Small Business Access to Surety Bonding Survey Act of 1991 - Small Business Access to Surety Bonding Survey Act of 1991 - Requires the Comptroller General to conduct a survey and report to specified congressional committees on the experiences of businesses, especially small businesses, in obtaining surety bonds from corporate surety firms. Title III: Economic Justice - Subtitle A: Pay Equity Technical Assistance Act - Pay Equity Technical Assistance Act - Directs the Secretary of Labor to carry out a continuing program regarding reducing or eliminating, conducting research on, and providing technical assistance concerning wage disparities based on sex, race, or national origin. Subtitle B: Legislative Pay Equity Study - Declares that it is congressional policy that persons employed in the legislative branch shall receive equal pay for comparable work. Establishes the Commission on Employment Discrimination in the Legislative Branch. Subtitle C: Part-Time and Temporary Workers Protection Act - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to set forth special participation, vesting, and accrual rules applicable to part-time and temporary employees. Allows limited reductions in employer-provided group health plan premiums for part-time employees. Modifies, for provisions relating to protection of employee benefit rights, the definition of "employee" to include persons who have performed at least 500 hours of service per year. Subtitle D: Child Support Enforcement Improvements Act of 1991 - Child Support Enforcement Improvements Act of 1991 - Shields a depository institution from liability under Federal or State law for disclosing any financial record of an individual to a State child support enforcement agency attempting to establish, modify, or enforce a child support obligation. Prohibits the recipient enforcement agency from improperly disclosing the information and provides for civil damages. Amends the Fair Credit Reporting Act to allow a consumer reporting agency to furnish a consumer report to such an enforcement agency that is making such an attempt. Amends the Social Security Act to require that a State plan for child and spousal support include certain procedures relating to the provision by an absent parent of medical insurance coverage for one or more children of a custodial parent. Increases the incentive payment to States for successful enforcement of court orders for the coverage. Modifies requirements concerning: (1) regulation of the interception of refunds from the internal revenue service; and (2) employer withholding of support payments. Provides for a national network to build on the statewide child support enforcement systems States are developing. Subtitle E: Dependent Care Tax Credit Refundability - Amends the IRC to allow as a limited refundable credit a portion of: (1) expenses for household services and for the care of a qualifying individual; and (2) respite care expenses. Subtitle F: Pell Grant Eligibility Expansion Act - Amends the Higher Education Act of 1965 to remove provisions prohibiting, in certain circumstances, basic educational opportunity grants (BEOGs) to less than half-time students. Subtitle G: Federal Council on Women Act - Federal Council on Women Act - Establishes in the legislative branch the Federal Council on Women to make recommendations on a wide range of issues and concerns relating to women. Title IV: Retirement Equity - Subtitle A: Pension Reform Act of 1991 - Pension Reform Act of 1991 - Amends the Tax Reform Act of 1986 to modify requirements relating to the effective date of the application of nondiscrimination rules to integrated plans. Amends the IRC to repeal provisions relating to nondiscrimination requirements and permitted disparity with regard to contributions to pension plans, including simplified pension plans. Modifies minimum coverage requirements for qualified pension, profit-sharing, and stock bonus plans with regard to whether an employer operates separate lines or a single line of business. Amends the IRC and ERISA to modify minimum vesting standards to remove provisions relating to multiemployer plans. Requires the Comptroller General to report to specified congressional committees on alternative: (1) methods of requiring employee pension benefit plans to provide cost-of-living and other adjustments to benefits; and (2) pension portability mechanisms for preserving and enhancing the real value of deferred vested pension benefits. Allows a domestic relations court order entered after enactment of this Act and amending an order originally entered before 1985 to be considered a qualified domestic relations order for purposes of certain provisions of the Retirement Equity Act of 1984. Subtitle B: Spousal Pension Equity Act - Spousal Pension Equity Act - Amends provisions of the IRC relating to limitations on the amount of annual compensation taken into account to prohibit aggregation of spousal incomes when both spouses are licensed to perform services in the same professional field and perform the services for the employer. Subtitle C: Social Security Care Provider Act of 1991 - Social Security Care Provider Act of 1991 - Amends title II (Old Age, Survivors, and Disability Insurance) (OASDI) of the Social Security Act to change the formula for determining the number of an individual's benefit computation years. Subtitle D: Social Security Modernization Act of 1991 - Social Security Modernization Act of 1991 - Amends OASDI to require, provided this method increases benefits, that the combined earnings of an individual and his or her spouse, during their marriage, be divided equally for determining OASDI benefits. Terminates the amendment made by this subtitle after the year 2015. Mandates studies every five years by the appropriate congressional committees to determine the effect of the termination on beneficiaries. Subtitle E: Former Military Spouses - Amends the National Defense Authorization Act for Fiscal Year 1991 to apply amendments relating to retired pay to any divorces, dissolutions of marriage, annulments, and legal separations (currently, to any such events that occur more than 90 days after enactment of the Act). Subtitle F: Federal Employees Former Spouses - Amends the Civil Service Retirement Spouse Equity Act of 1984 to modify requirements for entitlement of a former spouse of a Federal employee or Member of Congress to a survivor annuity. Allows any former spouse who becomes eligible, because of this subtitle, for a survivor annuity, to enroll in a health benefits plan under specified provisions of Federal law.
United States · United States Congress · 7 October 1991
Amends the Railroad Unemployment Insurance Act to provide temporary extended railroad unemployment insurance benefits or to railroad employees who have less than ten years of service, for periods of high national unemployment of six percent or greater. Provides for such extended benefits for up to 13 weeks, through July 4, 1992. Sets forth transition and reachback provisions.
United States · United States Congress · 3 October 1991
Solid Waste Metals Reduction Act - Prohibits the intentional introduction of lead, cadmium, mercury, or hexavalent chromium into a package or packaging component during manufacturing or distribution. Sets forth the maximum allowable concentration level of the sum of such elements in packaging. Makes such regulations inapplicable (for a specified period) for packaging: (1) that was manufactured prior to this Act's effective date; (2) to which lead, cadmium, mercury, or hexavalent chromium have been added to comply with Federal health or safety requirements or, because it is essential for the protection, safe handling, or function of the contents of the package, provided that the manufacturer, supplier, or distributor petitions the Environmental Protection Agency (EPA) for the exemption; or (3) that would not exceed the maximum concentration levels set forth in this Act but for the addition of post-consumer materials. Provides for the renewal of exemptions if the Administrator determines that a renewal is warranted. Requires packaging manufacturers or suppliers to furnish certificates of compliance (with respect to this Act's requirements) to distributors. Makes certificates of compliance, upon request, available to EPA and the public. Authorizes the assessment of civil penalties for violations of this Act.
United States · United States Congress · 3 October 1991
Fair Trade in Financial Services Act of 1991 - Amends the International Banking Act of 1978, the Securities Exchange Act of 1934, and the Investment Advisers Act of 1940 to direct the Secretary of the Treasury to: (1) submit biennial status reports to the Congress regarding foreign treatment of certain U.S. business interests; and (2) initiate negotiations with foreign countries to ensure that they offer U.S. banking and bank holding companies, securities brokers and dealers, and investment advisers the same competitive opportunities as are available to their foreign counterparts. Authorizes the Secretary to publish in the Federal Register a determination that a foreign country does not accord national treatment to such U.S. business interests. Authorizes a Federal banking agency, or the Securities and Exchange Commission (SEC), after notice of such determination, to include such determination as a basis for denial of certain foreign trade applications (to conduct banking, securities, or investment advice activities in the United States) from such foreign country in reports required under the Omnibus Trade and Competitiveness Act of 1988. Directs the Secretary to review such determinations annually and rescind determinations, if appropriate. Amends the International Banking Act of 1978 to preclude banking interests of such countries from commencing or conducting business in this country as of the date of the Secretary's determination unless prior approval has been obtained from a Federal banking agency (including, under certain circumstances, a State banking agency). Outlines the factors to be considered by the Secretary and the banking and securities regulatory agencies in their exercise of discretion with respect to existing foreign operations in the United States. Amends the Securities Exchange Act of 1934 and the Investment Advisers Act of 1940 to provide that, subsequent to the Secretary's determination in the Federal Register that a foreign country does not accord national treatment to U.S. securities or investment adviser interests, a person from such foreign country may not acquire control of a registered broker, dealer, or investment adviser unless the SEC has been duly notified and has not prohibited such acquisition. Amends the Omnibus Trade and Competitiveness Act of 1988 to direct the Secretary of the Treasury, together with other appropriate agencies and representatives, to conduct an investigation to determine: (1) the extent of interdependence of U.S. financial services sectors and foreign countries whose financial services institutions provide financial services in the United States, or whose persons have substantial ownership interests in U.S. financial institutions; and (2) the economic, strategic, and other consequences of that interdependence for the United States. Directs the Secretary to report the results of this investigation within two years to the President, the Congress, and other specified commissions, departments, and agencies as deemed appropriate by the Secretary.
United States · United States Congress · 3 October 1991
Designates March 12, 1992, as Girl Scouts of the United States of America 80th Anniversary Day.
United States · United States Congress · 3 October 1991
Designates 1992 as The Year of the American Indian.
United States · United States Congress · 2 October 1991
Women in Apprenticeship Occupations and Nontraditional Occupations Act - Directs the Department of Labor (the Department) to promote an outreach program to inform employers and labor unions of the availability of technical assistance for preparing the workplace to employ women in apprenticeable occupations and other nontraditional occupations. Requires the Department to: (1) promote such program to employers through, but not limited to, the private industry councils in each service delivery area; (2) provide outreach to labor unions through, but not limited to, the building trade councils, joint apprenticeable occupations councils, and individual unions; and (3) give priority to employers in areas that have nontraditional employment and training programs specifically targeted to women. Sets forth various activities which such technical assistance provided by community-based organizations to employers and labor unions. Directs the Department to select a total of 50 employers or labor unions to receive such technical assistance. Requires each eligible community-based organization desiring to receive a competitive grant to provide such technical assistance to employers and labor unions to submit an application to the Department. Requires the Department to give priority to applications to community-based organizations that demonstrate specified types of experience and that have tradeswomen or women in nontraditional occupations as active members. Sets forth application requirements, including specified descriptions, assurances, and commitments. Directs the Department to serve as a liaison among employers, labor, and community organizations. Directs the Department to: (1) conduct a study of the participation of women in apprenticeable occupations and nontraditional occupations, examining specified topics; and (2) report to the Congress within two years on such study, with recommendations. Authorizes appropriations.
United States · United States Congress · 2 October 1991
Commission on the Advancement of Women in the Science and Engineering Work Forces Act - Establishes the Commission on the Advancement of Women in the Science and Engineering Work Forces. Excludes the Commission from application of provisions of the Federal Advisory Committee Act relating to the termination of advisory committees.
United States · United States Congress · 2 October 1991
Qualified Medicare Beneficiary Enrollment Improvement and Protection Act of 1991 - Amends title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services to include in the annual mailing to Medicare beneficiaries: (1) a clear and simple explanation of the availability of and the requirements to qualify for Medicaid (title XIX of the Social Security Act) payment of their premiums, deductibles, and copayments under Medicare; (2) the toll-free telephone number to be established by the Secretary for information on such assistance; and (3) an initial application for such assistance. Directs the Secretary to develop a poster containing the information listed above and distribute it to service providers in order to publicize the availability of such assistance. Amends the Medicaid program to direct the Secretary to: (1) establish a process for using local Social Security Administration offices for the distribution and receipt of applications for such assistance; (2) transmit such applications to the appropriate State agency; (3) develop a form to be available at such offices which individuals may use to request additional information on or an application for such assistance; and (4) distribute such form to entities receiving grants for programs to provide services to older individuals. Requires States to provide for a process for receiving, distributing, and processing applications for such assistance and for responding to requests for information on or applications for such assistance. Allows individuals who qualified during a certain period for Medicaid payment of Medicare costs to temporarily apply for retroactive payment of any medical costs incurred but not paid under a State plan required to provide for making Medicaid payment of Medicare costs available to Medicare beneficiaries. Allows States, in determining the income level for individuals who seek to qualify for Medicaid payment of Medicare costs, to exclude expenses for medical care incurred by the individual that are not reimbursed under a public program of the State or political subdivision thereof, a health plan, or Medicare. Directs the Secretary to establish a grant program to provide outreach services to enable individuals who are entitled to receive Medicaid payment of Medicare costs to receive such assistance. Authorizes appropriations.
United States · United States Congress · 2 October 1991
Designates the week of October 19 through 27, 1991, as National Red Ribbon Week for a Drug Free America.
United States · United States Congress · 1 October 1991
Breast Cancer Screening Safety Act of 1991 - Amends the Public Health Service Act to require certification in order for a facility to perform or interpret mammograms, inspect equipment, perform needle localizations or other procedures using mammography equipment, or conduct quality assurances oversight related to mammography. Authorizes the Secretary of Health and Human Services to issue and renew certificates for up to two years. Allows the Secretary to approve a private nonprofit organization to be an accreditation body which meets certain requirements, including inspecting facilities. Directs the Secretary to: (1) establish standards for facilities to assure the safety and accuracy of mammography; (2) specify organizations eligible to certify individuals to perform radiological procedures; (3) specify boards eligible to certify individuals to interpret screening mammograms; (4) establish standards regarding the qualifications for individuals to interpret screening mammograms; and (5) specify boards eligible to certify individuals to inspect screening mammography equipment and oversee quality assurance practices. Directs the Secretary to conduct annual announced and unannounced inspections of certified facilities. Provides for: (1) intermediate sanctions for certain violations; (2) suspension, revocation, and limitation of certificates; and (3) injunctions. Requires fees for certificate issuance and renewal, and for inspections, sufficient to cover costs. Requires annual publication of a list of facilities convicted of fraud and abuse, false billings, or kickbacks, facilities that have had certificates revoked, suspended, or limited, and facilities that have been the subject of a sanction or other similar matters. Allows the Secretary to exempt facilities in a State with more stringent requirements from compliance with this Act. Directs the Secretary to: (1) make grants for research on new methods of establishing a Mammography Registry; and (2) based on the research, establish the Registry. Amends title XVIII (Medicare) of the Social Security Act to require that screening mammographies paid for under Medicare be performed by a facility: (1) certified under this Act; and (2) in compliance with specified provisions of this Act.
United States · United States Congress · 1 October 1991
Amends part A (Aid to Families with Dependent Children) (AFDC) of title IV of the Social Security Act to: (1) increase the exclusion limit on the net worth of a microenterprise for purposes of AFDC eligibility; (2) require that caseworkers advise AFDC recipients of the option to begin a microenterprise; (3) add definitions of "microenterprise" and "net profits" to the list of definitions under such part; (4) include microenterprise training and activities in the JOBS program; and (5) mandate adjustment of performance standards for microenterprises to take account of time required for their establishment. Requires a Health and Human Services study to identify administrative barriers to development of microenterprises among interested AFDC recipients.
United States · United States Congress · 26 September 1991
Amends the United States Housing Act of 1937 to permit a public housing agency (including Indian housing) to limit assisted housing occupancy to only elderly, disabled, or handicapped families.
United States · United States Congress · 25 September 1991
Authorizes claims for damages against the United States for personal injury or death of a member of the armed forces serving on active duty or on full-time National Guard duty. Provides that the personal injury or death must have arisen out of noncombatant medical or dental care furnished in a fixed medical facility operated by the United States. Offsets the amount of Government benefits for members of the armed forces or veterans for personal injury or death by the amount of any awards or judgments from such claims.
United States · United States Congress · 25 September 1991
Small Business Recovery Act of 1991 - Authorizes the Small Business Administration (SBA) to enter into agreements to participate, on a guaranteed basis, in the purchase of eligible securities issued pursuant to this Act by certain financial institutions. Sets forth participation criteria. Establishes the Regional Small Business Recovery Panel to evaluate: (1) applications submitted pursuant to this Act; (2) the type of proposed debt or equity security; and (3) claims for repurchase of approved securities by the SBA. Requires the SBA to submit a progress report to the Congress. Establishes the Regional Small Business Recovery Fund.
United States · United States Congress · 25 September 1991
Designates the week of August 10 through August 16, 1992, as National Parents of Murdered Children Week.
United States · United States Congress · 24 September 1991
Public Health Clinic Prudent Pharmaceutical Purchasing Act - Amends title III (General Powers and Duties) of the Public Health Service Act to provide for rebates from drug manufacturers to entities receiving financial assistance under the Act in an amount equal to the rebate amount under provisions of title XIX (Medicaid) of the Social Security Act relating to payment for covered outpatient drugs. Defines "drug" to include a drug as defined under the Social Security Act and any over-the-counter drug or birth control device. Prohibits reducing grants to the entities as a result of the rebates. Prohibits the entities from reselling a drug for which it has received a rebate.
United States · United States Congress · 24 September 1991
Medicare EKG Payment Restoration Act of 1991 - Amends part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act to: (1) reestablish separate payment for the interpretation of electrocardiograms (EKGs) that are ordered or performed during an office visit or consultation with a physician; and (2) require the Secretary of Health and Human Services to establish separate fee schedule amounts for EKG interpretations and to adjust the relative values established for office visits to or consultations with a physician to reflect the establishment of such separate fee schedule amounts. Directs the Secretary to: (1) establish practice guidelines for the use of EKGs for dissemination along with other educational information relating to the use of EKGs to physicians; (2) develop a profile of the use of EKGs by physicians; and (3) conduct a study and report to the Congress on the utilization and costs of EKGs.
United States · United States Congress · 24 September 1991
Expresses the sense of the Congress that it is inappropriate for the Federal Government to take actions that have the effect of preempting the tax decisions of State governments. Protests the decision of the Secretary of Health and Human Services to prohibit Federal payments under the Medicaid program (title XIX of the Social Security Act) relating to State Medicaid expenditures that are made from revenues derived from provider-specific taxes. Urges the Secretary to drop the proposed rule implementing his decision.
United States · United States Congress · 17 September 1991
Expresses the sense of the Congress that: (1) the Secretary of the Army should investigate whether James L. Cadigan should be awarded the Medal of Honor for heroism in combat during World War II; and (2) if the Secretary recommends making such award, the Congress should consider appropriate legislation.
United States · United States Congress · 12 September 1991
Amends the Internal Revenue Code to treat as amounts realized on the sale of a residence any amounts paid by the Secretary of Defense which represent the reduction in value of the residence on account of a military base closing.
United States · United States Congress · 12 September 1991
Designates October 30, 1991, as Refugee Day.
United States · United States Congress · 2 August 1991
National Air and Space Museum Expansion Site Selection Act of 1991 - Establishes the National Air and Space Museum Expansion Site Advisory Panel to conduct a national competition for the evaluation of possible expansion sites for the National Air and Space Museum. Authorizes appropriations. Directs the Board of Regents of the Smithsonian Institution to select the site after considering the recommendation of the Panel. Terminates the Panel 30 days after such selection. Requires the General Accounting Office to review and evaluate the selection by the Board of Regents and report to the Congress.
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
Intermodal Carriers Competitiveness Act of 1991 - Prohibits a State, political subdivision, or interstate agency of two or more States from adopting or enforcing any law, rule, regulation, or standard relating to interstate or intrastate rates, routes, services, or terms of service of any national intermodal carrier with respect to the provision of surface transportation of property in the State.
United States · United States Congress · 2 August 1991
National Energy Efficient Lighting Education Act of 1991 - Directs the Secretary of Energy (the Secretary), within 12 months after enactment of this Act, to make grants to nonprofit institutions and universities (or a consortium of such entities) to establish one regional energy efficient lighting education and demonstration center (centers) in each of the ten regions served by a Department of Energy regional support office. Sets forth such centers' responsibilities, including functions relating to training of lighting professionals, information dissemination, and assistance for lighting engineering and technical programs and curricula. Sets forth requirements for grant applications, selection criteria, and matching funds. Directs the Secretary to establish a task force to: (1) oversee research and training carried out by grant recipients; (2) disseminate such research results; (3) review such programs; and (4) make recommendations for possible future programs. Directs the Secretary to report annually to the Congress on the activities of such centers. Authorizes appropriations for grants for such centers. Authorizes the Secretary to make matching grants to States to encourage State energy offices to supplement the activities of such centers in providing educational workshops to train local building owners, developers, and facility energy and financial managers regarding energy efficient lighting options. Requires such workshops to be conducted in cooperation with the center for the region in which the State is located and with technical assistance and educational material from such center. Gives preference for such grants to States in which a center has not been established. Sets limits on the amount of such a grant to any State. Directs the Secretary to report annually to the Congress on such educational workshops supported by State energy offices. Authorizes appropriations for such grants to States.
United States · United States Congress · 2 August 1991
Pollution Prevention, Community Recycling, and Incinerator Control Act - Amends the Solid Waste Disposal Act to prohibit the issuance of permits for construction or expansion to municipal solid waste incinerators. Prohibits Federal agencies, State or local governments, or other waste management jurisdictions from issuing permits to such incinerators after December 31, 1999, unless the applicant demonstrates and the State finds that: (1) an annual waste composition analysis of the solid waste generated within the area to be served by the facility is conducted by the applicant and by entities from which the facility accepts waste; (2) such entities divert specified percentages of glass, paper, metals, plastics, and yard and food waste to waste management methods other than incineration; (3) the facility will not interfere with diversion rates; (4) it is not feasible to manage the remaining solid waste through source reduction, reuse, or recycling; (5) the facility will not adversely affect the environment or human health and is not situated in a nonattainment area identified under the Clean Air Act; (6) the facility will not harm the local economy; (7) the full cost of the facility over its entire life will be less costly than reducing, recycling, or composting waste; (8) the waste management jurisdiction conducts a public participation process (including a technical assistance grant to local community groups concerned about the project); (9) the proposed construction or expansion is approved by the unit of local government in whose boundaries the facility would be sited; (10) firms operating the facility are in compliance with environmental and public health statutes, have paid outstanding fines for violations of such statutes, and make disclosure statements available; and (11) an approved environmental impact statement is completed. Directs the Administrator of the Environmental Protection Agency to: (1) promulgate standards for waste composition analyses; and (2) review diversion rates triennially and require higher rates, if feasible. Treats ash from municipal solid waste incinerators as a hazardous waste under the Solid Waste Disposal Act. Requires such ash to be managed in a monofill containing only such ash and designed to: (1) prevent the migration of constituents during the operation of the facility; and (2) prevent the infiltration of precipitation during any closure or postclosure monitoring period. Provides for compliance with such requirement by existing incinerators within three years of the enactment of this Act. Prohibits the use of such ash for any purpose. Prohibits the incineration of household hazardous waste, batteries, chlorinated plastics, consumer electronics, and yard waste in such incinerators. Prohibits the issuance of permits or prior approval for the construction or expansion of hazardous waste incinerators unless: (1) waste composition analyses are conducted by the applicant and generators of waste to be incinerated at the facility; (2) specified toxics use reduction requirements have been met and the facility will not interfere with the implementation of such requirements; (3) the facility will not adversely affect the environment or human health; (4) the facility will not harm the local economy; (5) there is no safer disposal or treatment technology available for any of the wastes; (6) the waste management jurisdiction conducts a public participation process (including a technical assistance grant to local community groups concerned about the project); (7) the proposed construction or expansion is approved by the unit of local government in whose boundaries the facility would be sited; (8) firms operating the facility are in compliance with environmental and public health statutes, have paid outstanding fines for violations of such statutes, and make disclosure statements available; and (9) an approved environmental impact statement is completed. Requires hazardous waste generators, as part of the permit process, to report annually on the use, and reduction of the use, of toxic or hazardous substances at their facilities. Directs permit applicants to demonstrate that the State in which the incinerator is located, and each State in which generators of hazardous waste to be incinerated at the facility are located, are implementing toxics use reduction programs. Applies this Act's requirements to any facility that burns hazardous waste.
United States · United States Congress · 2 August 1991
Amends the Federal Aviation Act of 1958 to make it unlawful to smoke on any flight of an aircraft of the United States. Imposes a civil penalty on any passenger who tampers with any smoke detector located in any lavatory aboard such an aircraft.
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 · 2 August 1991
Amends rule X of the Rules of the House of Representatives to prohibit a Member of the House from serving on any particular committee for more than 12 years. Disregards service performed on such committee for less than a full session of Congress and service performed prior to the beginning of the 103d Congress.
United States · United States Congress · 1 August 1991
Comprehensive Occupational Safety and Health Reform Act - Amends the Occupational Safety and Health Act of 1970 (OSHA) with respect to occupational safety and health programs, committees, employee representatives, coverage, standards, enforcement, antidiscrimination, training and education, hazard and illness evaluation, State plans, and victims' rights. Title I: Safety and Health Programs - Amends OSHA to establish requirements for each employer to set up and carry out a written occupational safety and health program that includes methods and procedures for: (1) identifying, evaluating, and documenting hazards; (2) correcting them; (3) investigating work-related illnesses, injuries, and deaths; (4) providing occupational safety and health services, including emergency response and first aid procedures; (5) employee participation in implementing such program, including, where applicable, a safety and health committee; (6) responding to such committee's recommendations; (7) providing safety and health training and education to employees and committee members; (8) designating an employer representative qualified to and responsible for identifying hazards and initiating corrective action; and (9) at a worksite where employees of two or more employers work, protecting employees from hazards under the other employers' control. Authorizes the Secretary of Labor (the Secretary) to modify the application of such requirements to classes of employers where, in light of the risks faced by the employer's employees, such a modification would not reduce their safety and health protection. Directs the Secretary to issue final regulations on the required employer occupational safety and health programs, covering employee training and education as well, including annual refresher courses. Title II: Safety and Health Committees and Employee Safety and Health Representatives - Amends OSHA to require each employer of 11 or more employees to provide for: (1) safety and health committees; and (2) employee safety and health representatives. Requires, in general, such employers to establish such a committee at each worksite, but authorizes the Secretary to modify application of this requirement to: (1) an employer whose employees do not primarily report to or work at a fixed location; (2) covered employers at worksites where less than 11 of their employees are employed; and (3) worksites where employees of more than one employer are employed. Requires committee membership to consist of elected or appointed employee representatives and up to an equal number of employer representatives. Requires the committee to be cochaired by an employer representative and an employee representative. Grants each committee the reasonable right to: (1) review occupational safety and health related employer programs, incidents of death, injury, or illness, complaints of hazards, the employer's work injury and illness records (other than personally identifiable medical information), and other related reports and documents; (2) conduct worksite inspections (and related employee interviews) at least once every three months and in response to complaints; (3) conduct meetings at least once every three months; (4) observe the measurement of employee exposure to toxic materials and harmful physical agents; (5) establish procedures for exercising committee rights; (6) make advisory recommendations for improvements and corrections; and (7) accompany the Secretary's representative during certain physical inspections of the worksite. Requires the employer to permit committee members to take such time from work as is reasonably necessary to exercise committee rights, without any loss of pay or benefits for such time. Directs the Secretary to issue final regulations for the establishment and functioning of such committees. Sets forth procedures for selection of employee representatives by and from nonmanagerial employees. Directs the Secretary to issue regulations on safety and health representatives, including specified numbers and selection procedures. Title III: Coverage - Revises the OSHA definition of employer to include the Federal Government (except certain congressional employees) and State and local governments, thus extending OSHA coverage to public employees. (Includes under such OSHA coverage the executive and judicial branches and the following agencies of the legislative branch: the Botanic Garden, the General Accounting Office, the Government Printing Office, the Library of Congress, the Office of Technology Assessment, the Congressional Budget Office, and the Copyright Royalty Tribunal.) Authorizes the Secretary to cede OSHA jurisdiction to a Federal agency with respect to specified standards or regulations affecting occupational safety and health of some or all employees within that agency's regulatory jurisdiction, if the agency has promulgated and is enforcing standards and regulations so that its employees are being protected at least as effectively as they would be by the Secretary. Declares that nothing in OSHA shall apply to working conditions covered by the Federal Mine Safety and Health Act of 1977. Applies OSHA to employment performed in the Federal nuclear facilities under the control or jurisdiction of the Department of Energy. Extends an employer's duties under OSHA to all employees working at the place of employment (even if they are not the employer's employees). Title IV: Occupational Safety and Health Standards - Revises provisions for OSHA standards. Requires specified timeframes for setting such standards after the Secretary has received: (1) a recommendation of an advisory committee, the Secretary of Health and Human Services (HHS), or the Administrator of the Environmental Protection Agency; or (2) a petition from an interested person setting forth with reasonable particularity the facts claimed to establish that a standard should be promulgated, modified, or revoked. Directs the Secretary, within 90 days after such receipt, to publish a response stating whether the Secretary intends to publish a proposed rule with respect to such standard, or if not, the reasons for the decision not to publish such a rule. Directs the Secretary, if such rule is intended to be published, to do so within 12 months after the receipt of the recommendation or petition. Directs the Secretary to: (1) afford interested persons a period of at least 30 days to submit written data or comments after publication of a proposed rule promulgating, modifying, or revoking an OSHA standard; and (2) issue a final rule within 180 days after the public comment period (or within 180 days after a required public hearing on objections to such rule). Allows any adversely affected person to petition for judicial review, in the U.S. court of appeals for the appropriate circuit, of the Secretary's refusal or failure to issue such rules or standards. Requires that such a petition to appeal the Secretary's determination not to propose a rule with respect to a standard be filed within 60 days after publication of such determination. Requires set-aside of the Secretary's determination if it is found to be arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law. Allows a petition to appeal the Secretary's failure to publish a proposed rule within the required 12-month time frame to be filed at any time after such time period has elapsed. Directs the reviewing court to compel the Secretary to take any such action that is found to have been unlawfully withheld or unreasonably delayed. Provides that the withholding or delaying of action shall not be justified by the Secretary's desire to consult with, or receive approval from any other Federal agency or executive official, except where this is required by applicable law and pursued in timely fashion. Revises the definition of "occupational safety and health standard" to mean a standard which addresses a significant risk to the safety or health of employees by requiring conditions, or the adoption or use of one or more practices, means, methods, operations, or processes that most adequately assure, to the extent feasible, safe and healthful employment and places of employment. Requires each OSHA standard also to prescribe requirements for recording or reporting a work-related illness determined as a result of a medical examination or test conducted under the standard. Directs the Secretary to place in the public record all written comments and communications and a summary of all verbal communications with parties outside the Department of Labor (DOL) (including communications with executive branch officials) regarding promulgation, modification, or revocation of an OSHA standard. Directs the Secretary, in cooperation with the Secretary of HHS and in addition to other OSHA standards, to modify and establish exposure limits for toxic materials and harmful physical agents on a regular basis in a specified manner. Directs the Secretary of HHS, acting through the National Institute for Occupational Safety and Health (NIOSH), to: (1) regularly evaluate available scientific evidence, data, and information to determine if such exposure limits should be modified or be established to protect exposed employees from material impairment of health or functional capacity; and (2) at least every three years, on the basis of such evaluation, develop and transmit to the Secretary recommendations identifying materials and agents for which exposure limits should be modified or established to protect employees from such impairment. Directs the Secretary: (1) within 30 days of receipt of such recommendations, to publish them and provide a 30-day public comment period; (2) within six months of their receipt evaluate them and the public comments and publish a proposed rule for the exposure limits of each material and agent for which the Secretary of HHS has made a recommendation (explaining why any proposed limit is not the same as a recommended limit); (3) within one year of publication of the proposed limits, issue a final standard (explaining why any final limit is not the same as the recommended limit); and (4) establish or modify such limits whenever warranted, in addition to a periodic review. Directs the Secretary, within two years after the effective date of this Act, to promulgate final standards on exposure monitoring and medical surveillance programs, including specified requirements. Directs the Secretary to issue a final standard on ergonomic hazards to protect employees from work-related musculoskeletal disorders, including specified requirements. Sets forth timetables for the Secretary to issue various OSHA final standards. Title V: Enforcement - Revises OSHA enforcement provisions. Provides that time spent by an employee in accompanying the Secretary's representative on an OSHA inspection shall be deemed to be hours worked, with no loss of pay, benefits, or seniority. Requires the Secretary to notify employees or their representative within 30 days after receipt of their request for inspection that there are no reasonable grounds to believe a violation or danger exists. Directs the Secretary also to make a special inspection after determining that there are reasonable grounds to believe that an imminent danger or serious violation exists in a place of employment, upon notification from any other source (as well as upon notification by an employee or employee representative as in current law). Directs the Secretary to establish and carry out a special emphasis inspection program for conducting inspections of industries or operations where existing hazards or newly recognized or new hazards introduced into work sites warrant more intensive than normal inspections. Requires annual designation of the industries and operations for such program and the number of inspections planned and number of enforcement personnel required. Requires that special emphasis inspections be in addition to other programmed and complaint inspections conducted under OSHA before the effective date of this Act. Requires a report on such program in the Secretary's annual OSHA report to the Congress. Requires the Secretary to investigate any work-related death or serious incident (i.e. one resulting in hospitalization of two or more employees). Requires the employer to: (1) notify the Secretary of any death or serious incident occurring in a place of employment covered by OSHA; and (2) prevent the destruction or alteration of evidence that would assist in investigating such death or incident. Requires OSHA citations to state if the Secretary or the Secretary's representative believes that an alleged violation is serious and presents such a substantial risk to the safety or health of employees that initiation of review proceedings should not suspend the running of the period for correction of the violation. Revises the correction period to make it begin to run from the date of receipt of the citation, with specified exceptions. Requires employers to verify the abatement of a serious, willful, or repeated violation in writing to the Secretary within 30 days after the correction period has expired. Requires employers, within ten days after verification of abatement, to prominently post notice of such abatement at or near each place the violation occurred and to make a copy of the verification available to employers and employee representatives. Directs the Secretary to issue regulations implementing such abatement verification and notice requirements. Grants employees the right to contest: (1) citations' designations of the character of the violation or of the OSHA provision, standard, rule, regulation, or order violated (in addition to contesting the abatement period, as in current law); and (2) proposed penalties as inadequate. Grants employee representatives the right to participate in other proceedings (as well as hearings) conducted under specified OSHA enforcement procedures. Requires, if the Secretary intends to withdraw or modify a citation as a result of any agreement with the employer, the Commission's rules of procedure to provide for prompt notice to affected employees or their representatives. Grants employees or their representative, regardless of whether they have previously elected to participate in the proceedings, the right to file a notice alleging that the proposed agreement fails to effectuate the purposes of OSHA within 15 days after receipt of notice of the agreement. Directs the Secretary to consider the matter and, upon determination to proceed with the agreement, respond with particularity to the objections. Grants employees or their representative, within 15 days after the Secretary's response, the right to a hearing upon request to the Commission. Provides that if the Commission determines the proposed agreement fails to effectuate the purposes of OSHA, the proposed agreement shall not be entered as a Commission order and the citation shall not be withdrawn or modified in accordance with the proposed agreement. Revises OSHA provisions for restraining imminent dangers. Directs the Secretary to inform the employer and the affected employees and request that a condition or practice that poses an imminent danger be corrected immediately or that employees be immediately removed from exposure to such danger. Requires such actions if the Secretary determines, on the basis of an inspection or investigation, that a condition or practice in the place of employment is such that an imminent danger to safety or health exists which could reasonably be expected to cause death, serious physical harm, or permanent impairment of health or functional capacity of employees if not corrected immediately. Directs the Secretary to determine whether to post a notice in the workplace if the employer refuses to comply with the Secretary's request. Requires that such notice identify the source of the imminent danger. Grants employees the right to refuse to perform a duty that has been identified as the source of an imminent danger by such a notice, and prohibits discrimination against them for such refusal. Subjects an employer to a civil penalty of from $10,000 to $50,000 for each day during which an employee continues to be exposed if the employer does not immediately correct the hazard referred to in the posted notice or remove all employees from exposure to it, unless the Commission determines that the condition or practice is not covered by such imminent danger provisions. Revises OSHA criminal penalties to increase the maximum amount of fines and the length of prison terms for specified violations, including those for a willful violation causing death, an improper advance notice of an inspection, or a false statement. Establishes criminal penalties for a willful violation that causes serious bodily injury. Prohibits a penalty or fine which is imposed on a director, officer, or agent of an employer from being paid out of the employer's assets on behalf of that individual. Provides that nothing in OSHA shall preclude State and local law enforcement agencies from conducting criminal prosecutions in accordance with State or local laws. Title VI: Protection of Employees from Discrimination - Revises OSHA antidiscrimination provisions to extend coverage to an employee's: (1) reporting any injury, illness, or unsafe condition to the employer, employer's agent, safety and health committee, or employee safety and health representative; and (2) refusing to perform duties when reasonably apprehensive that doing so would result in serious injury to himself/herself or other employees, after having sought and been unable to obtain from the employer corrections of the circumstances causing such refusal. Revises procedures for consideration of complaints of discrimination. Increases the period for filing such complaints from 30 to 180 days after the alleged discrimination. Requires the Secretary, within 60 days after receipt of the complaint, to investigate and notify the complainant and the alleged violator of the findings. Requires such findings to be accompanied by a preliminary order providing relief, if the Secretary has concluded that there is reasonable cause to believe a violation has occurred. Allows the alleged violator or the complainant to file, within 30 days, objections to the findings and/or the preliminary order, and to request a hearing on the record. Provides that such filing of objections shall not operate to stay any reinstatement remedy in the preliminary order. Requires such hearings to be conducted expeditiously. Deems the preliminary order a final order not subject to judicial review if a hearing is not timely requested. Directs the Secretary to issue a final order within 120 days after the conclusion of such hearing. Allows such proceedings to be terminated at any time in the interim on the basis of a settlement agreement by the Secretary, the complainant, and the alleged violator. Requires the Secretary, upon determination that a violation of antidiscrimination provisions has occurred, to order: (1) correction of the violation; (2) reinstatement to the former position with all compensation (including back pay), terms, conditions, and privileges of such employment; and (3) compensatory damages. Authorizes the Secretary, upon request of the complainant, to assess against the person against whom such order is issued all costs and expenses (including attorney's fees) incurred by the complainant in connection with bringing the complaint. Allows adversely affected or aggrieved persons to petition within 60 days to obtain review of such orders in the U.S. Court of Appeals for the appropriate circuit. Directs the Secretary to file a civil action in the appropriate U.S. district court to enforce such orders against persons who fail to comply. Authorizes such court to grant appropriate relief. Provides that the legal burdens of proof that prevail under the Whistleblower Protection Act of 1989 shall govern adjudication of protected activities under OSHA antidiscrimination provisions. Title VII: OSHA and NIOSH Training and Education - Revises OSHA provisions for training and education. Includes education programs for employees and members of safety and health committees, as appropriate, among those programs which the Secretary of HHS is to conduct through NIOSH. Requires the Secretary (of Labor) to develop training materials, model curricula, and programs to assist employers in: (1) providing the training and education required under the new provisions for employer occupational safety and health programs; and (2) complying with OSHA standards. Title VIII: Recordkeeping and Reporting - Revises OSHA provisions relating to statistics to require the Secretary to collect information and conduct analyses that identify: (1) industries, employers, processes, operations, and occupations that have a high rate of injury or illness; (2) factors that cause or contribute to injuries and illnesses; and (3) workers' compensation costs associated with the injuries and illnesses. Requires such data to be publicly available in a form suitable for further statistical analysis, and to be used in setting safety and health standards, targeting inspections of individual establishments, and evaluating standard setting and enforcement programs. Directs the Secretary to require each employer covered by OSHA to report: (1) each work-related death of an employee immediately upon knowledge; and (2) each serious incident resulting in hospitalization of two or more employees within 24 hours of the incident. Revises OSHA requirements for employer records and reports to include (in addition to work-related deaths, injuries, and illnesses) suspected work-related illnesses, including a work-related illness reported by an employee or an employee's physician, unless the employer makes a reasonable determination that the illness is not work-related. Provides that all such employer records and reports shall be made available to the Secretary, the Secretary of HHS, employees, and employee representatives. Title IX: NIOSH - Revises OSHA provisions relating to duties of the Secretary of HHS acting through NIOSH. Includes under hazard evaluation reports an evaluation of whether any hazardous condition or harmful physical agent found in the place of employment poses a risk to exposed employees. Directs the Secretary of HHS, if a final determination of hazard is not made within six months of a request, to provide to the employer and employees an interim report on the known or suspected hazards, a recommendation for control, and an estimate of the time in which a final determination will be made. Directs the Secretary of HHS to identify major factors contributing to occupational injuries and deaths through accident investigations and epidemiological research. Directs the Secretary of HHS to carry out a program to identify and notify employees at increased risk of occupational illnesses, injuries, and deaths, including public information and education programs, and recommendations for appropriate medical surveillance. Requires notification, if they are found to be at increased risk, of subjects of studies funded or conducted by the Secretary of HHS under such program. Specifies that the authority of the Secretary of HHS, and of NIOSH, to inspect records extends to the Secretary's designees and contractors. Directs the Secretary of HHS, through NIOSH (and in cooperation with other HHS agencies and the Secretary of Labor), to establish a national surveillance program to identify cases of occupational illnesses, deaths, and serious injuries. Requires coordination with State health agencies and Federal and State workers' compensation agencies under such program. Directs the Secretary of HHS to collect data each year on the number and characteristics of all occupational deaths and selected occupational illnesses and injuries. Requires, in making such selections, consideration of known frequency and severity of the disorder and of the size of the population at risk. Directs the Secretary of HHS to report on and analyze the occupational deaths, illnesses, and injuries collected under such program, and transmit such information to the Secretary of Labor, State health agencies, employers, employees, and other interested parties. Authorizes the Secretary of HHS to require an employer, through a physician or health professional employed by or under contract to the employer, to report information on occupational deaths, illnesses, and injuries. Establishes NIOSH as a separate agency within the U.S. Public Health Service in the Department of HHS. Title X: State Plans - Revises OSHA requirements for State plans to provide for: (1) development of safety and health programs and safety and health committees and training programs that are at least as effective as those under the new OSHA requirements; and (2) reporting requirements, protection of employee rights, and access to information that are at least as effective as those under OSHA or other Federal laws governing access to information related to OSHA. Requires a State to enforce a Federal OSHA standard until a State standard at least as effective is in effect, if a State fails to adopt or promulgate such a standard within six months after the Federal standard is promulgated. Requires the Secretary (of Labor) to: (1) promptly investigate complaints against a State plan if there are reasonable grounds to believe a deficiency exists; (2) investigate complaints alleging a deficiency in a State enforcement action within 30 days of receipt; and (3) within 30 days of completion of the investigation, transmit findings and recommendations for correction to the State and complainant (or notify the complainant if there are no reasonable grounds to believe a deficiency exists). Requires a State to respond as to what action it has taken on the Secretary's findings and recommendations within 30 days of their receipt. Directs the Secretary to issue a citation with reasonable promptness if, after receipt of the State's response, the Secretary believes a serious violation of OSHA exists for which the State has failed to issue a citation. Requires the Secretary, upon determination that there are reasonable grounds to conclude there is a failure to comply substantially with any provision or assurance of the State plan, to: (1) notify the State and allow six months for correction of deficiencies; (2) institute proceedings for withdrawal of approval of the State plan, if the State has not corrected the deficiencies within six months (unless there are exceptional circumstances); and (3) during the pendency of such proceedings, exercise concurrent jurisdiction with the State over the safety and health issues that are subject to the State plan. Requires States which are operating State safety and health plans to modify them to conform to this Act. Title XI: Victim's Rights - Sets forth provisions for victims' rights under OSHA. Defines a victim as: (1) an employee who has sustained a work-related injury or illness which is the subject of an OSHA inspection or investigation; or (2) the family member of an employee who either is killed or cannot reasonably exercise victim's rights as a result of such an injury or illness. Grants victims the right, on request, to: (1) meet with the Secretary or a representative respecting the inspection or investigation before the Secretary's decision to issue a citation or to take no action; (2) receive a free copy of any citation or report issued as a result of the inspection or investigation; (3) be informed of any notice of contest filed; (4) be provided an explanation of the rights of employees and employee representatives to participate in OSHA enforcement proceedings; and (5) be provided an opportunity to appear and make a statement before the parties conducting any settlement negotiations, before the Secretary agrees to withdraw or modify the citation. Provides that a victim shall have the same rights as an employee under OSHA enforcement procedures. Entitles a victim, if such victims' rights are violated, to declaratory relief, injunctive relief, recovery of costs of securing specified documents, and reasonable attorney's fees and costs. Directs the Secretary to take reasonable actions to inform victims of these rights. Title XII: Worker's Compensation Study - Establishes the Federal Worker's Compensation Commission. Directs the Commission to study worker's compensation laws and system with respect to: (1) the recommendations of the National Commission on State Workmen's Compensation Laws; (2) the feasibility of using workers' compensation data to target loss prevention activities on high risk occupations; (3) the laws' adequacy in providing for needs of injured workers, occupational illnesses and diseases, quality control and medical and rehabilitation costs with cost control, and time for recuperation and counseling before return to full-time work; (4) the administrative system's adequacy and the appropriateness of such laws as the exclusive remedy; (5) the relationship between workers' compensation, safety and health programs, and insurance rates and services; (6) the feasibility and appropriateness of transferring the branch of the Department of Labor involved in workers' compensation studies from the Employment Standards Administration to the Occupational Safety and Health Administration; and (7) the feasibility of preempting State workers' compensation laws with a national program. Requires such Commission to report the results of such study to the President and the Congress. Title XIII: Effective Date - Sets forth the effective date of this Act.
United States · United States Congress · 1 August 1991
Military Retirement Equity Act of 1991 - Permits retired members of the armed forces to be paid retirement pay concurrently with compensation for any service-connected disability if the person's entitlement to such retirement pay is based solely on: (1) age; (2) length of service; or (3) both. Reduces the amount of retirement pay, in the case of individuals receiving both types of pay, by a specified percentage of the disability compensation which decreases as the disability rating increases. Prohibits any reduction in the retirement pay of a disabled person when the disability rating is total. Expresses the sense of the Congress that, once the Federal budget deficit has been reduced, the Congress should reexamine and eliminate any offset of retired pay by a veteran's disability compensation.
United States · United States Congress · 31 July 1991
Amends the McCarran-Ferguson Act and the Employee Retirement Income Security Act of 1974 to require that the Medicaid program be treated as payer of last resort by private insurers and employee welfare benefit plans.
United States · United States Congress · 31 July 1991
Amends the Federal Aviation Act of 1958 to require air carriers that have acquired a certificate transferring air route authority from another air carrier to hire from such air carrier, in order of seniority, no less than the number of employees required to operate such route. Affords such hired employees seniority integration protections provided in Tiger International Seaboard Acquisition Case, CAB Docket 33712. Provides for the enforcement of such seniority protections by U.S. district courts. Amends the Airline Deregulation Act of 1978 to declare that air carrier employees who are furloughed or terminated by an air carrier (other than for cause) prior to the last day of the 17-year (currently, ten-year) period beginning upon enactment of such Act shall have first right of hire, regardless of age in his or her occupational speciality by any other air carrier that is hiring additional employees.
United States · United States Congress · 31 July 1991
Establishes a Joint Committee on the Organization of the Congress to: (1) make a full and complete study of the organization and operation of the Congress; and (2) recommend improvements in such organization and operation with a view toward strengthening its effectiveness, simplifying its operations, improving its relationships with other branches of the Government, and improving the orderly consideration of legislation. Requires a report to the Senate and the House of Representatives not later than the adjournment sine die of the 102d Congress.
United States · United States Congress · 30 July 1991
Assault Weapon Act of 1991 - Prohibits the importation or manufacture of: (1) a firearm having features designed to facilitate the attachment of a silencer, bayonet, grenade launcher, flash suppressor, or folding stock; (2) such features; (3) a shotgun with a fixed magazine which is capable of holding seven or more rounds of ammunition; or (4) a detachable magazine, feed strip, or similar device which has a capacity of, or can be readily converted to accept, ten or more rounds of ammunition or related parts. Provides for a fine of up to $10,000, imprisonment of not more than ten years, or both for violation of such prohibition. Provides for enhanced penalties for the possession or use of such a firearm weapon or related device in a crime of violence or drug trafficking crime.
United States · United States Congress · 29 July 1991
Medicare Physician Payment Reform Amendments of 1991 - Amends title XVIII (Medicare) of the Social Security Act to revise the transition rules for phasing in the resource-based relative value scale (RB RVS) method of payment for physician services to prohibit adjustments for asymmetry in the transition and for behavioral responses. Declares spending under this Act to be an emergency requirement under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) and exempt from sequestration.
United States · United States Congress · 29 July 1991
Amends the Defense Base Closure and Realignment Act of 1990 to require the Secretary of Defense and the Defense Base Closure and Realignment Commission, with respect to recommendations made for closure and realignment of military installations in 1993 and 1995, to include recommendations for the termination and reduction of military operations at installations outside the United States.
United States · United States Congress · 25 July 1991
Amends the Internal Revenue Code to allow an amortization deduction with respect to certain intangible property that is acquired and held by a taxpayer in connection with the conduct of a trade or business or an activity engaged in for the production of income. Provides for determining such deduction by amortizing the adjusted basis (for purposes of determining gain) of such intangible ratably over the 14-year period beginning with the month in which the intangible was acquired. Disallows any other depreciation or amortization deduction with respect to such intangible. Provides that amortization intangibles do not include intangibles that are created by the taxpayer or that arise solely by reason of entering into a renewal of a contract to which the taxpayer is a party. Describes an amortizable intangible as : (1) goodwill; (2) going concern value; (3) certain specified types of intangible property that generally relate to workforce, information base, know-how, customers, suppliers, or other similar items; (4) any license, permit, or other right granted by a governmental unit, agency, or instrumentality; (5) any covenant not to compete (or other arrangement to the extent that the arrangement has substantially the same effect as a convenant not to compete) entered into in connection with the direct or indirect acquisition of an interest in a trade or business or substantial portion thereof; and (6) any franchise, trademark, or trade name. Excludes from treatment as an amortizable intangible: (1) any property of a kind that is regularly traded on an established market; (2) a patent or copyright that is not acquired in a transaction (or a series of related transactions) involving the acquisition of a trade or business or a substantial portion thereof; (3) a franchise to engage in any professional sport, and any item acquired in connection with such franchise; (4) any license, permit, or other right of an indefinite duration that is granted by a governmental unit, agency, or instrumentality; and (5) certain contract rights, to the extent provided in regulations, if such rights have a fixed duration and are not renewable and are not acquired in a transaction involving the acquisition of assets constituting a trade or business or substantial portion thereof. Sets forth special rules governing the application of the amortization deduction. Continues the present-law treatment of certain contingent amounts that are paid or incurred on account of the transfer of a franchise, trademark, or trade name. Provides for the treatment of assumption reinsurance transactions of insurance companies.
United States · United States Congress · 25 July 1991
Fairness in Product Liability Act of 1991 - Governs any product liability action brought in either State or Federal court against a manufacturer or product seller on any theory for harm caused by a product, superseding State law in specified ways and degrees. Makes a product seller liable only if the seller: (1) failed to exercise reasonable care regarding the product, and the failure was the proximate cause of the harm; (2) made an express warranty, independent of any express warranty by the manufacturer, the product failed to conform to the warranty and the failure caused the harm; or (3) engaged in international wrongdoing which was a proximate cause of the harm. Makes a product seller liable as if the seller were the manufacturer if: (1) the manufacturer is not subject to service of process under State laws; or (2) a court determines the claimant would be unable to enforce a judgment against the manufacturer. Allows, in certain circumstances, a complete defense of alcohol or controlled substance use. Reduces damages by the percentage of harm attributable to misuse or alteration of a product by any person, subject to exception involving misuse or alteration by the claimant's employer or coemployees. Allows punitive damages against a manufacturer or seller for conscious, flagrant indifference to user safety. Prohibits, in certain circumstances, punitive damages regarding a drug or device, as defined in the Federal Food, Drug, and Cosmetic Act, unless packaging of a drug is substantially out of compliance with tamper-resistant packaging regulations. Declares manufacturer or seller liability to be several and not joint for noneconomic damages. Requires a product liability action to be brought within two years after the harm and its cause is, or with reasonable diligence should have been, discovered. Sets the time limit at 25 years for products which are capital goods. Requires offset of workers' compensation benefits. Sets forth rules regarding subrogation, contribution, indemnity, and liens. Provides for tort actions against employers. Prohibits U.S. district courts from having jurisdiction under specified provisions of Federal law over any civil action arising under this Act.
United States · United States Congress · 25 July 1991
Designates November 1991 as National Red Ribbon Month.