United States · United States Congress · 3 October 1991
Marine Mammal Health and Stranding Response Act - Amends the Marine Mammal Protection Act of 1972 to direct the Secretary of Commerce to establish the Marine Mammal Health and Stranding Response Program to examine marine mammal health and effectively coordinate responses to strandings and unusual mortality events. Requires the Secretary to establish: (1) as part of the Program, a stranding response program; and (2) an emergency response group (ERG) of marine science and conservation experts which the Secretary shall utilize to respond to marine emergencies or unusual mortality events (emergencies). Requires the ERG to: (1) assist the Secretary in determining when an emergency is occurring; (2) develop contingency plans for responding to such emergencies; (3) assist the Secretary in formulating a response plan for particular emergencies; and (4) identify individuals or organizations at a regional or local level who could, in times of such emergencies, assist the Secretary in implementing a coordinated and effective response. Directs the ERG to develop, and the Secretary to issue, contingency plans for responding to such emergencies. Establishes in the Treasury the Marine Mammal Emergency Response Contingency Fund. Authorizes the Secretary to accept, solicit, and use the services of volunteers, and accept and use gifts, devises, and bequests to carry out the stranding response and emergency response programs. Directs the Secretary to: (1) coordinate facilities for the storage, preparation, examination, and archiving of marine mammal tissues, to be known as the National Marine Mammal Tissue Bank; (2) establish criteria for access to such tissues; (3) issue guidance for marine mammal tissue collection, preparation, and archiving, tissue analysis, and quality assurance protocols to ensure uniformity in techniques and data reporting for such analysis; (4) monitor and determine the levels, and if possible the effects, of potentially harmful contaminants present in representative species and populations of marine mammals in U.S. coastal waters, using the most effective and advanced diagnostic technologies and tools practicable; and (5) develop and maintain a central data base for tracking and assessing data on marine mammals. Authorizes appropriations.
United States · United States Congress · 3 October 1991
Expanded East Coast Plan Rollback Act of 1991 - Directs the Administrator of the Federal Aviation Administration (Administrator) to modify the Expanded East Coast Plan by rerouting aircraft routes over the Atlantic Ocean and, when that is not practicable, rerouting such aircraft to air routes used before adoption of the Plan, as a means of reducing aviation noise in the States of New York and New Jersey. Requires the Administrator to issue a supplemental environmental impact statement to include the effects of such modifications. Requires the Administrator to report to the Congress a description of such modifications.
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
Amends the Internal Revenue Code to authorize an employee to enter into a new salary reduction agreement with an employer under an annuity plan purchased by a tax-exempt organization or public school due to the impairment or insolvency of the issuer of such plan.
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
Combined Sewer Overflow Control Act - Amends the Federal Water Pollution Control Act to make combined sewer overflow (CSO) (defined as the discharge of untreated sanitary wastes and stormwater from combined stormwater and sanitary sewers) unlawful, except in accordance with the requirements of this Act. Requires any person owning or operating a combined stormwater and sanitary sewer from which there is CSO to notify the Administrator of the Environmental Protection Agency or the State of the CSO. Directs the Administrator to issue any such person a permit authorizing such CSO which: (1) prohibits dry water overflow; (2) requires the permittee to implement technically sound operation and maintenance practices for its sewer system designed to minimize CSO and to maximize the use of its facilities to minimize CSO; and (3) implements the study and plan required by this Act to the extent such study and plan has not been previously implemented. Provides that permits authorizing CSO issued prior to the enactment of this Act shall remain in effect until reissued or modified in accordance with this Act. Requires: (1) any such person to file with the Administrator a complete (phase II) permit application not later than 12 months after the effective date of the regulations required by this Act or two years after the effective date of this Act, whichever occurs last (deadline); and (2) the Administrator, within 12 months after the receipt of such application, to issue a permit to the applicant authorizing the CSO. Mandates that: (1) each such person complete a study and evaluation of its combined sewer system and CSO and prepare a CSO control plan by the deadline; and (2) the Administrator, within two years, establish regulations setting forth the phase II permit requirements for CSO. Sets forth additional requirements with respect to: (1) regulation contents; (2) technology-based controls; and (3) water quality-based controls. Directs the Administrator to: (1) establish, within six months, a technological clearinghouse disseminating information on controlling CSO available to States and local governments; and (2) report to the Congress, within two years, with a list of CSO outfalls, the nature and location of such outfalls, and the estimated Federal share of such costs. Requires that, whenever a State reviews water quality standards, it revises and adopts standards for those waters receiving storm sewer discharges and CSO overflow during wet weather conditions. Authorizes appropriations. Directs the Administrator to: (1) fund that portion of the cost of CSO controls beyond the financial capability of local governments upon the request of the Governor of the State in which the local government is located, subject to specified requirements; (2) set regulatory guidelines to be used by individual local governments with respect to CSO control costs; and (3) establish priorities for individual CSO control projects to be funded.
United States · United States Congress · 1 October 1991
Expresses the sense of the Congress that the President should: (1) recognize Ukraine's independence and take steps toward the establishment of full diplomatic relations with Ukraine should the December 1, 1991, referendum confirm the Ukrainian parliament's independence declaration; and (2) use U.S. assistance, trade, and other programs to support the Government of Ukraine and encourage the further development of democracy and a free-market.
United States · United States Congress · 26 September 1991
Clean Water Enforcement and Compliance Improvement Amendments Act of 1991 - Amends the Federal Water Pollution Control Act to require any person subject to the requirements of such Act (currently, owners or operators of point sources) to maintain records, make reports, and allow access to information to the Environmental Protection Agency (EPA) with respect to carrying out such Act. Provides for the issuance of compliance orders, the bringing of civil actions, and the imposition of civil, criminal, or administrative penalties for violations of requirements of pretreatment programs. Repeals a provision that treats a single operational upset that leads to simultaneous violations of more than one pollution parameter as a single violation. Authorizes courts to order civil penalties to be used for mitigation projects. Raises the ceiling on the amount of administrative penalties allowed to be assessed for violations. Removes provisions that permit State enforcement actions to serve as a bar to Federal enforcement actions. States that civil penalties must be in an amount that is no less than the amount of the economic benefit or savings resulting from the violation plus interest accruing from the date of violation. Sets forth minimum civil penalties for discharges of pollutants (including hazardous pollutants) from point sources exceeding effluent limitations and from persons determined to be significant noncompliers. Requires the EPA Administrator to: (1) conduct inspections of facilities operated by significant noncompliers at which violations occurred; and (2) report annually to the Congress and to State Governors on persons classified as significant noncompliers. Prohibits the amount of civil penalties for discharges from sources exceeding effluent limitations from being compromised. Adds to the list of requirements for State pollutant discharge permit programs that such programs ensure that: (1) permits for discharges from major industrial or municipal facilities contain annual State inspection requirements; (2) permits for discharges from publicly owned treatment works require significant industrial users of the treatment works to submit monthly discharge monitoring reports as a condition to using the treatment works; (3) significant industrial users or other sources designated by the Administrator that introduce pollutants into such treatment works operate in accordance with a permit issued by the treatment works or the State; and (4) the State will grant publicly owned treatment works the authority and responsibility to conduct inspections and to assess and collect civil and administrative penalties. Sets forth inspection and discharge reporting requirements. Authorizes the Administrator to renew expired State discharge permits under certain conditions. Makes the issuance of permits modifying certain effluent limitations for toxic pollutants subject to certain public hearing requirements. Makes persons who fail to comply with orders concerning public endangerment from discharges subject to civil penalties. Authorizes citizen suits for past violations of effluent standards or limitations. Establishes the Clean Water Trust Fund. Requires the Administrator to use Fund moneys to carry out inspections and enforcement activities.
United States · United States Congress · 26 September 1991
Hazardous Materials Listing Act - Amends transportation law to provide for the designation of materials that may pose an unreasonable risk to the environment when transported as hazardous materials. Amends the Federal Railroad Safety Act of 1970 to include in emergency powers the authority to abate situations which involve a hazard of substantial harm to the environment. Requires the Secretary of Transportation, in the administration of the Hazardous Materials Transportation Act, to consult on a regular basis with the Administrator of the Environmental Protection Agency to ensure that the designation of hazardous materials includes all hazardous materials that may be accidentally discharged into the air, water, or soil by any carrier.
United States · United States Congress · 26 September 1991
Amends the Hazardous Materials Transportation Act to require the Secretary of Transportation to also designate as hazardous materials under such Act any material designated by the Coast Guard as a hazardous material when shipped by water.
United States · United States Congress · 26 September 1991
Calls on the President to: (1) decry the violence in Yugoslavia and affirm U.S. policy for a peaceful resolution through democratic negotiations and adherence to a ceasefire; (2) assert that no border changes that have occurred through force and without benefit of negotiation, and no groups occupying territory obtained through violent means, shall be recognized; (3) affirm his commitment to maintaining the international embargo on arms to all combatants in the conflict; (4) instruct the U.S. representatives of each international financial institution to support U.S. goals in completing and maintaining a ceasefire; (5) request the United Nations (UN) Secretary General to assist the European Community (EC)-sponsored negotiations (or initiate negotiations should the EC negotiations fail), to dispatch a contingent to monitor and enforce any ceasefire, and to assist in the completion of a long-term settlement to the conflict; (6) raise in the UN General Assembly the assessment of multilateral economic sanctions against any party disrupting the ceasefire or refusing to take part in negotiations; and (7) insist that all parties to the conflict approve the presence of a peacekeeping force in Yugoslavia to monitor a negotiated ceasefire.
United States · United States Congress · 24 September 1991
Children and Pregnant Women Health Insurance Act of 1991 - Title I: Requiring Employers To Provide Health Insurance Coverage For Pregnant Women And Children - Amends the Social Security Act to: (1) add a new title XXI under which employers are required to either enroll their employees and family members in a qualified employer health plan or provide information to the State in which such individuals reside for enrollment instead in the new universal State health insurance plan (the State plan) created below. Amends the Internal Revenue Code to: (1) impose a premium tax on employers who fail to enroll their employees and family members in a qualified employer health plan and on such employers' employees, with employers paying as their portion of such tax 3.2 percent of each individual employee's wages and employees paying as their portion one percent of their wages for coverage provided under the State plan; (2) impose an excise tax (set at $100 per day) on those employers who fail to provide to the applicable State the information for enrollment under the State plan; and (3) set forth special rules and exceptions applicable in the imposition of such premium and excise taxes. Sets forth, under new title XXI of the Social Security Act, the rules for the enrollment of full- and part-time, seasonal, and temporary employees, including rules applicable in cases of families with more than one worker and where both employers offer enrollment under a qualified employer health plan. Phases in implementation of enrollment requirements and tax payments beginning on January 1, 1993 for employers with more than 100 employees. Requires that as of January 1, 1996 all employers must provide coverage or pay the premium tax for coverage under the State plan. Allows the qualified employer health plan under which the employer must provide coverage to be either a private health plan or a self-insured plan, dependent upon the employer's size. Outlines requirements for qualified employer health plan premiums and cost-sharing, including limitations on the amount that may be charged for premiums. Sets forth in the next two paragraphs below the requirements for which the Secretary must develop standards to certify a health plan as a qualified employer health plan. Requires the Secretary to: (1) establish procedures for the periodic review and recertification of plans as qualified employer health plans; and (2) terminate the certification of any such plan that no longer meets such requirements. Requires employers to provide their employees and family members with a health benefit package that at least mirrors the services mandated under the State plan. Outlines plan requirements respecting: (1) treatment of employee families; (2) period of coverage; (3) health plan cards; (4) limits on pre-existing condition exclusions and coverage standards for required health services; (5) limits on cost-sharing; (6) payment rates; (7) coordination and portability of health insurance coverage; (8) notification of premium subsidies for low-income individuals and other disclosures for consumers; (9) expense accounting; (10) grievance procedures; (11) certain physician incentive plans; (12) enrollee financial protection; and (13) use of uniform claims forms. Prohibits certain State benefit and coverage rules under a qualified employer health plan. Sets forth the definitions of terms used in this title. Makes the provisions of this title inapplicable to an employee who is not a resident of one of the 50 States or the District of Columbia. Title II: Provision of Health Insurance For Pregnant Women And Children Through State Children And Pregnant Women Health Plans - Amends the Social Security Act to add a new title XXII under which each State is required to establish and maintain a health insurance plan (the State plan) under which pregnant women and children and other individuals lawfully residing in the State who have not already been enrolled as a result of their connection to the work force or are not already covered under a qualified employer or Federal health plan are eligible to enroll for the health and other services outlined below. Requires each State to also establish and maintain a program under which low-income individuals enrolled in any of the health plans mentioned above will be eligible to apply for assistance to limit or eliminate their financial obligations for premiums, deductibles, and co-payments, depending upon the type of plan in which such individuals are enrolled. Provides that if a State fails to establish and maintain the plan mandated above under new title XXII, the Secretary of Health and Human Services shall establish and maintain one for it and the State shall be liable to the Secretary for a specified portion of the amount the Secretary determines the State would have been required to expend to establish and maintain such a health insurance plan. Sets forth provisions detailing the application process for enrollment under the State plan. Requires the State plan to provide for a coverage period that mirrors the coverage period specified for qualified employer health plans. Requires individuals who are eligible to enroll in the State plan but have not applied for enrollment by January 1, 1996 to be automatically enrolled on a retroactive basis and subjected to a penalty of twice any premiums otherwise due. Requires the State plan to provide for payments for the following services: (1) specified preventive care services, including routine immunizations and prenatal care, for children and pregnant women, furnished in accordance with applicable periodicity schedules to be established by the Secretary and without application of deductibles or co-payments; (2) specified major medical services, subject to such deductibles and co-payments as the State may impose in accordance with specified limitations; (3) specified extended medical services, including mental health services, provided only in accordance with a plan of care and subject to such deductibles and co-payments as the State may impose in accordance with specified limitations; (4) outreach services to link low-income enrolled individuals with such required health services without application of deductibles or copayments; and (5) at the option of the State, social services without application of deductibles or co-payments. Directs the Secretary to establish standards with respect to such required health services for application under new titles XXI and XXII of the Social Security Act. Prohibits a State from imposing any limitation on the amount, duration, or scope for such required health services. Allows individuals covered under the State plan to choose any qualified plan provider or practitioner to obtain such required health services. Incorporates the use of Medicare (title XVIII of the Social Security Act) payment rates for reimbursing providers for required health services and requires the Secretary to adjust such rates to take into account differences in the Medicare population and the population receiving benefits under State or qualified employer plans. Provides that in the case of required health services for which payment may not be made under Medicare, the Secretary shall establish payment rules similar to those used under Medicare for application under State plans. Requires each State to establish adequate payment rates with respect to outreach and social services. Sets the maximum annual deductible and co-payment amount for major medical services and extended medical services. Sets an overall annual limit on cost-sharing for such medical services. Applies new title XXI qualified employer health plan requirements relating to the treatment of family members, coverage period, health plan cards, and coordination and portability of health care coverage to State plans in the same manner as they apply to qualified employer plans. Sets forth provisions for: (1) determining the amount of premiums to be charged individuals not connected to the work force and individuals who are employed on a part-time, seasonal, or temporary basis; and (2) collecting current and delinquent premium payments. Creates in the Treasury the Federal Children and Pregnant Women Health Insurance Trust Fund (the Fund) to receive the funds generated from the premium and excise taxes imposed above as well as from other specified revenues dedicated to the support of the State plan. Outlines provisions regarding Fund transfer payments in the case of multiple employers. Requires each State plan to provide for submission of claims based on uniform forms developed by the Secretary. Requires that payments from the Fund to reimburse States for health and other service and administrative expenditures be made in accordance with rules similar to those used for reimbursement under Medicaid (title XIX of the Social Security Act). Details the assistance mentioned above to be provided to low-income individuals and the application process to obtain such assistance. Sets forth administrative provisions applicable to the State plan, including provisions authorizing States, subject to the approval of the Secretary, to conduct demonstration projects to: (1) improve the delivery and quality of health care services under new title XXII; and (2) increase the efficiency and effectiveness of the methods for paying for such services. Sets forth the definitions of terms used in this title. Makes the provisions of this title inapplicable to an individual who is not a resident of one of the 50 States or the District of Columbia. Amends the Medicaid program to provide for coordination between State plans and Medicaid plans. Title III: Health Insurance Reform For Small Employers - Amends the Social Security Act and the Internal Revenue Code to, respectively: (1) add a new title XXIII under which health insurance plans provided by small employers (small employer plans) must be ascertained as meeting the standards established below in order to be issued, avoid loss of their qualified status under new title XXI, and escape disqualification from State plan administration under new title XXII; and (2) impose an excise tax (set at 50 percent of all gross health plan premiums received during the taxable year) on the issuer of a small employer plan which fails to meet such standard, with specified exceptions. Directs the Secretary to request the National Association of Insurance Commissioners (NAIC) to: (1) develop specific standards to implement the requirements set forth in the next paragraph below which small employer plans must be certified by the Secretary as meeting if the State has not established a regulatory program for applying such standards to such plans (program); and (2) report to the Secretary on such development. Provides that if NAIC fails to develop and report on such standards or the Secretary finds that such standards do not implement such requirements, the Secretary must develop such standards. Specifies additional program elements. Subjects programs to periodic review by the Secretary for determining their compliance with such elements and in applying such NAIC standards. Requires periodic program audits by the General Accounting Office. Requires any carrier which offers a small employer plan to register with the applicable State regulatory authority. Requires that such carriers offer the same plans to all small employers within their individual service areas. Details separate requirements with respect to the treatment of health maintenance organizations. Prohibits a carrier from offering to, or issuing with respect to, a small employer a small employer plan with a term of less than 12 months. Requires that small employer plans be guaranteed renewable, with specified exceptions. Details notice and other requirements applicable to renewals, including the requirement that the period of renewal for each small employer plan shall be for a period of not less than 12 months. Declares that no small employer plans may discriminate on the basis of health status, claims experience, receipt of health care, medical history, or lack of evidence of insurability of an individual. Requires that the premiums for all small employer plans of the same entity be: (1) established based on a single cohesive rating system which is applied consistently for all employer groups and is designed not to treat groups differently based on health or risk status; and (2) actuarially certified each year. Requires small employer plan premiums within a block of business to be community-rated for a given geographical area. Sets limits on premium reference rate variation among blocks of business, with specified exceptions. Allows a small employer plan carrier, for purposes of establishing premiums for small employer plans with similar coverage, to establish blocks of business only on the basis of specified criteria. States that no small employer plan may be issued unless it: (1) provides for a minimum benefit package that mirrors the health services required under new title XXII; (2) prohibits cost-sharing with respect to such benefits in excess of allowable limits; and (3) includes such additional items and services as the carrier can demonstrate will facilitate appropriate hospital discharges or avoid unnecessary hospitalization. Sets forth miscellaneous disclosure and recordkeeping requirements for small employer health plans. Makes this title inapplicable outside the 50 States or the District of Columbia. Sets forth the definitions of terms used in this title.
United States · United States Congress · 24 September 1991
Medicare EKG Payment Restoration Act of 1991 - Amends part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act to: (1) reestablish separate payment for the interpretation of electrocardiograms (EKGs) that are ordered or performed during an office visit or consultation with a physician; and (2) require the Secretary of Health and Human Services to establish separate fee schedule amounts for EKG interpretations and to adjust the relative values established for office visits to or consultations with a physician to reflect the establishment of such separate fee schedule amounts. Directs the Secretary to: (1) establish practice guidelines for the use of EKGs for dissemination along with other educational information relating to the use of EKGs to physicians; (2) develop a profile of the use of EKGs by physicians; and (3) conduct a study and report to the Congress on the utilization and costs of EKGs.
United States · United States Congress · 24 September 1991
Authorizes the Secretary of Defense to detail members of the armed forces to a State or local correctional agency for temporary duty as advisors and instructors at a correctional facility operated as a military-style boot camp if the Secretary determines that such personnel could contribute to the rehabilitative purposes of such facility. Credits such military personnel for all service performed during such detail. Amends the National Defense Authorization Act for Fiscal Years 1990 and 1991 and other Federal provisions relating to actions taken in conjunction with defense base closures and realignments to authorize the Secretary to transfer to the State or local government in which the military installation is located such appropriate property or facilities for conversion and use in conjunction with military-style boot camp operations at a correctional facility.
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 · 23 September 1991
Amends the Higher Education Act of 1965 (HEA) with respect to the National Student Loan Data System (NSLDS), and other information on student assistance programs. Directs the Secretary of Education (the Secretary) by July 1, 1993, to: (1) revise NSLDS codes identifying institutions and students to make them consistent with those in each Department of Education database containing information on participation in Federal student assistance programs; and (2) modify NSLDS design or operation to ensure that data on any institution is readily accessible and can be used in a form compatible with the Integrated Postsecondary Education Data System (IPEDS). Directs the Secretary to integrate the NSLDS with the Pell Grant applicant and recipient databases as of January 1, 1994, and any other databases containing information on participation in Federal student assistance programs. Revises student assistance program participation agreement provisions to require the institution of higher education to: (1) complete surveys conducted as part of IPEDS or any other designated Federal postsecondary institution data collection effort; and (2) collect, and report annually to the Secretary, information on students participating in supplemental opportunity educational grants and work-study programs consistent with data collected by the Secretary on Pell grant applicants and recipients. Provides that nothing in such Act shall preclude the Secretary from verifying all applications for aid through the use of any means available, including through the exchange of information with any other Federal agency.
United States · United States Congress · 19 September 1991
Automobile Recycling Study Act of 1991 - Directs the Administrator of the Environmental Protection Agency to: (1) study and report to the Congress on the potential for increased recycling of automobile components in the United States and the steps needed to increase such recycling; and (2) establish an advisory committee composed of representatives of the automobile manufacturing, recycling, automotive materials, and automotive dismantling industries, State and local governments, and nongovernmental organizations to advise the Administrator on issues pertaining to the report.
United States · United States Congress · 17 September 1991
Federal Fire Safety Act of 1991 - Amends the Federal Fire Prevention and Control Act of 1974 to prohibit the use of Federal funds to: (1) construct, purchase, or lease a newly constructed Federal office building, other than housing, having more than 25 full-time Federal employees nor to renovate one with five or more stories unless the entire building includes automatic sprinkler systems or an equivalent level of safety, with specified exceptions; and (2) increase the number of employees in such building by more than 100 employees over that as of enactment of this Act without such system or level of safety. Prohibits the use of such funds after the enactment of this Act: (1) to construct, purchase, lease, rebuild, or operate Federal Government housing for Federal employees and their dependents; (2) multifamily housing for Federal employees subsidized by the Federal Government; and (3) rental assistance housing, without automatic sprinkler systems and smoke detectors (in some cases smoke detectors alone). Directs the: (1) Administrator of the National Fire Prevention and Control Administration (Administrator) to promulgate regulations implementing this Act; and (2) head of any Federal agency that owns, leases, or operates a federally-funded building or housing unit, to invite the local agency or voluntary organization with fire protection responsibility in the jurisdiction of such building or housing unit to prepare, and biennially review, a prefire plan for it.
United States · United States Congress · 11 September 1991
Prohibits: (1) the sale of defense articles under the Arms Export Control Act to or for the Royal Ulster Constabulary, the Ulster Defense Regiment, the Royal Irish Regiment, and any other organization in which anyone who previously was a member of a paramilitary association is a member; and (2) the issuance of licenses for exporting such articles, and the export of crime control and detection equipment for use by such entities. Directs the Secretary of State to report to the House Committee on Foreign Affairs and the Senate Committee on Foreign Relations on cooperation between United Kingdom security forces and militias and paramilitary groups in Northern Ireland.
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
Radon Awareness and Disclosure Act of 1991 - Title I: Three-Year Extension of Indoor Radon Abatement Provisions of Toxic Substances Control Act - Amends the Toxic Substances Control Act to extend the authorization of appropriations for: (1) grants and technical assistance to States for radon programs; (2) an Environmental Protection Agency (EPA) publication entitled "A Citizen's Guide to Radon"; (3) model construction standards and techniques for controlling radon levels in new buildings; and (4) regional radon training centers. Title II: Radon Testing - Directs the EPA Administrator to establish a program that requires: (1) products offered for sale or devices used in connection with public services for radon measurement to meet minimum performance criteria; and (2) operators of devices or persons employing techniques used in connection with public services for radon measurement to meet a minimum level of proficiency. Requires a list of devices meeting such criteria and a summary of current radon measurement technology to be made available to the public. Prescribes civil penalties for violations of this title. Directs the Administrator to establish a fee schedule for persons manufacturing or operating such devices or employing such techniques. Provides for a waiver or reduction of fees for persons who agree to test for radon in public and nonprofit child care facilities, schools, hospitals, nursing homes, or other care facilities. Provides for the deposit of fees in a Radon Service Account. Requires the Administrator to: (1) implement an outreach program to provide information about radon to the medical community; (2) develop and distribute informational material concerning radon tailored to doctors in general practice and in specialties related to lung cancer; (3) evaluate current efforts to promote radon testing and ways to increase testing during real estate transactions; and (4) report to the Congress on alternative strategies for promoting such testing. Title III: Radon In Schools - Directs the Administrator, by September 30, 1992, to designate areas with radon levels exceeding the national average for radon as priority radon areas. Requires local educational agencies to test each school building under their authority for radon. Establishes a schedule for such testing. Makes test results available for public review. Requires individuals carrying out radon testing and testing and mitigation devices and methods to be approved pursuant to proficiency programs. Establishes within EPA a Radon Testing and Mitigation Assistance Program to provide assistance for testing and mitigation devices and methods. Requires State Governors to establish priority lists of assistance applicants, based on the nature and magnitude of potential exposure to radon. Authorizes the provision to approved applicants of loans of up to 100 percent, and grants of up to 50 percent, of the total cost of a testing program. Imposes civil penalties upon local educational agencies violating this title's requirements. Authorizes citizen complaints with respect to radon in school buildings. Authorizes appropriations. Title IV: President's Commission on Radon Awareness - Establishes the President's Commission on Radon Awareness to: (1) examine existing public awareness programs concerning radon; (2) act as a coordinating body for the donation of resources to assist in programs and strategies to raise awareness of the health threats of radon; (3) encourage media outlets to increase radon awareness; and (4) evaluate the effectiveness and assist in the update of such programs and strategies.
United States · United States Congress · 2 August 1991
Intermodal Carriers Competitiveness Act of 1991 - Prohibits a State, political subdivision, or interstate agency of two or more States from adopting or enforcing any law, rule, regulation, or standard relating to interstate or intrastate rates, routes, services, or terms of service of any national intermodal carrier with respect to the provision of surface transportation of property in the State.
United States · United States Congress · 2 August 1991
United States Flag Cruise Ship Competitiveness Act of 1991 - Amends Federal law (commonly referred to as the Johnson Act) relating to transportation of gambling devices to exclude from the definition of interstate commerce, transportation from a State to the same State through a place outside that State when such commerce may only be conducted through points not in that State. Repeals all of a specified Federal law (commonly referred to as the Gambling Ship Act) except provisions relating to the transmission of wagering information. Makes unlawful certain actions in connection with a vessel which has any gaming establishment aboard unless in compliance with certain regulations, including registration with the Attorney General and licensing by a State. Provides for certification by the Attorney General of State procedures.
United States · United States Congress · 2 August 1991
Denies Environmental Protection Agency (EPA) benefits for ten years to any person: (1) convicted of violating a Federal environmental law; or (2) found to have held a beneficial business interest in a business concern required to be listed on a disclosure statement under this Act and convicted of violating a Federal environmental law. Prohibits the EPA Administrator from denying benefits to any person who demonstrates that he has been rehabilitated. Requires the following persons to file disclosure statements with the Administrator: (1) Federal environmental permit applicants; (2) applicants for EPA loans, grants, or other benefits; or (3) persons submitting contract bids or competitive proposals to EPA. Provides for enforcement of this Act through EPA examination of disclosure statements and access to business sites and records. Grants persons declared to be ineligible for EPA benefits the opportunity for a hearing. Provides for public access to disclosure statements and business records, with the exception of confidential information.
United States · United States Congress · 2 August 1991
Pollution Prevention, Community Recycling, and Incinerator Control Act - Amends the Solid Waste Disposal Act to prohibit the issuance of permits for construction or expansion to municipal solid waste incinerators. Prohibits Federal agencies, State or local governments, or other waste management jurisdictions from issuing permits to such incinerators after December 31, 1999, unless the applicant demonstrates and the State finds that: (1) an annual waste composition analysis of the solid waste generated within the area to be served by the facility is conducted by the applicant and by entities from which the facility accepts waste; (2) such entities divert specified percentages of glass, paper, metals, plastics, and yard and food waste to waste management methods other than incineration; (3) the facility will not interfere with diversion rates; (4) it is not feasible to manage the remaining solid waste through source reduction, reuse, or recycling; (5) the facility will not adversely affect the environment or human health and is not situated in a nonattainment area identified under the Clean Air Act; (6) the facility will not harm the local economy; (7) the full cost of the facility over its entire life will be less costly than reducing, recycling, or composting waste; (8) the waste management jurisdiction conducts a public participation process (including a technical assistance grant to local community groups concerned about the project); (9) the proposed construction or expansion is approved by the unit of local government in whose boundaries the facility would be sited; (10) firms operating the facility are in compliance with environmental and public health statutes, have paid outstanding fines for violations of such statutes, and make disclosure statements available; and (11) an approved environmental impact statement is completed. Directs the Administrator of the Environmental Protection Agency to: (1) promulgate standards for waste composition analyses; and (2) review diversion rates triennially and require higher rates, if feasible. Treats ash from municipal solid waste incinerators as a hazardous waste under the Solid Waste Disposal Act. Requires such ash to be managed in a monofill containing only such ash and designed to: (1) prevent the migration of constituents during the operation of the facility; and (2) prevent the infiltration of precipitation during any closure or postclosure monitoring period. Provides for compliance with such requirement by existing incinerators within three years of the enactment of this Act. Prohibits the use of such ash for any purpose. Prohibits the incineration of household hazardous waste, batteries, chlorinated plastics, consumer electronics, and yard waste in such incinerators. Prohibits the issuance of permits or prior approval for the construction or expansion of hazardous waste incinerators unless: (1) waste composition analyses are conducted by the applicant and generators of waste to be incinerated at the facility; (2) specified toxics use reduction requirements have been met and the facility will not interfere with the implementation of such requirements; (3) the facility will not adversely affect the environment or human health; (4) the facility will not harm the local economy; (5) there is no safer disposal or treatment technology available for any of the wastes; (6) the waste management jurisdiction conducts a public participation process (including a technical assistance grant to local community groups concerned about the project); (7) the proposed construction or expansion is approved by the unit of local government in whose boundaries the facility would be sited; (8) firms operating the facility are in compliance with environmental and public health statutes, have paid outstanding fines for violations of such statutes, and make disclosure statements available; and (9) an approved environmental impact statement is completed. Requires hazardous waste generators, as part of the permit process, to report annually on the use, and reduction of the use, of toxic or hazardous substances at their facilities. Directs permit applicants to demonstrate that the State in which the incinerator is located, and each State in which generators of hazardous waste to be incinerated at the facility are located, are implementing toxics use reduction programs. Applies this Act's requirements to any facility that burns hazardous waste.
United States · United States Congress · 2 August 1991
Requires each person who receives contributions totaling $5,000 for the purpose of supporting or defeating the confirmation by the Senate of a nominee for the office of justice of the Supreme Court to file reports (in addition to any report required under the Federal Regulation of Lobbying Act (FRLA)) with the Clerk of the House of Representatives. Mandates that such reports: (1) be filed with respect to each incremental total of $5,000 of contributions received, and of expenditures made, by the person filing the report; (2) be filed not later than five days after the applicable incremental total is attained; and (3) contain the name, address, description of occupation or business, amount, and other identifying information relating to any contribution (or expenditure) of $100 or more received (or made) by such person. Directs the Clerk to apply the principles and procedures applicable to contributions and expenditures under the FRLA. Provides for fines, imprisonment of not more than five years, or both for violations of this Act.
United States · United States Congress · 2 August 1991
Semiconductor Investment Act of 1991 - Amends the Internal Revenue Code to classify the depreciable life for semiconductor manufacturing equipment as three-year property.
United States · United States Congress · 2 August 1991
Veterans' Hospice Services Act of 1991 - Directs the Secretary of Veterans Affairs to conduct a pilot program to: (1) assess the feasibility and desirability of furnishing hospice care to terminally ill veterans; and (2) determine the most efficient and effective means of furnishing such care. Directs the Secretary to designate 15 to 30 Department of Veterans Affairs medical facilities for such demonstration projects. Requires the Secretary to ensure that: (1) Department medical facilities conducting such projects include both urban and rural area facilities; (2) the full range of affilitation between medical facilities of the Department and medical schools is represented by the facilities selected to conduct such projects; and (3) such facilities vary in the number of beds they operate and maintain. Allows such hospice care to be accomplished by Department medical facilities and personnel by contract where inpatient services are provided by Department medical facilities, or by contract where inpatient services are provided by a non-Department medical facility. Allows such inpatient care to be provided at a facility not designated in the contract when the provision of such care at such other facility is necessary under the circumstances. Limits the amount paid for hospice care programs under this Act to the equivalent of hospice care payments under title XVIII (Medicare) of the Social Security Act. Allows the Secretary to pay in excess of such amounts for hospice care when the Secretary determines, on a case-by-case basis, that: (1) the furnishing of such care is necessary and appropriate; and (2) the amount paid under Medicare would not compensate the program for the cost of furnishing such care. Directs the Secretary, during the pilot program period, to designate not less than five Department medical facilities at which palliative care is being furnished to terminally ill veterans either by Department personnel and facilities providing such care or by Department personnel monitoring care provided by non-Department facilities. Directs the Secretary to ensure that terminally ill veterans who have been informed of their medical prognosis receive information relating to their eligibility for hospice care and services under Medicare. Directs the Secretary to submit annual reports to the Senate and House Veterans' Affairs Committees relating to the conduct of the pilot program and the furnishing of hospice care to terminally ill veterans under the demonstration projects. Requires the Secretary to also report to such committees an evaluation and assessment of the hospice care program, including information enabling the committees to fully evaluate the feasibility of furnishing palliative care to terminally ill veterans.
United States · United States Congress · 2 August 1991
Middle Income Educational Opportunity Act of 1991 - Amends the Higher Education Act of 1965 (HEA) to establish a Federal Direct Loans program consolidating current student loan programs. (Eliminates the current part D, Income Contingent Direct Loans Demonstration Project.) Directs the Secretary of Education (the Secretary) to carry out a direct loan program (the program) for qualified students at institutions of higher education during the period beginning on July 1, 1994. Directs the Secretary to make program payments for any fiscal year to: (1) each institution of higher education having a program agreement; and (2) the designated lending agent if such an institution designates one. Requires such payments to be made on the basis of the estimated needs of the institution's students, considering their demand and eligibility for subsidized and unsubsidized direct loans under the program. Sets forth program payment rules, in general and for initial payments. Declares that an institution with an approved application and agreement with the Secretary shall be deemed to have a contractual obligation (entitlement) from the United States for making the program payments specified in that application. Sets forth requirements for such applications of and agreements with institutions of higher education. Provides for allowing institutions to designate lending agents to receive advances of program payments. Sets forth types of entities eligible to be designated lending agents. Entitles an institution to a payment for each fiscal year during which it makes student loans under such an agreement in lieu of reimbursement for its expenses in administering its student loan program during such year. Sets forth formulas for determining such payments. Requires each institution to use such payments first to carry out specified HEA provisions relating to administrative expenses and then for such additional administrative costs as that institution determines necessary. Deems an institution with such program agreement to have a contractual right to such payments. Provides for student eligibility for, and the amount of, subsidized and unsubsidized loans under the program. Limits program eligibility, among other criteria, to qualified students carrying at least one-half the normal academic workload and maintaining good standing. Allows subsidized loans under the program to be made only to students who meet the basic requirements but also demonstrate financial need for such a loan. Makes qualified graduate and professional students and qualified undergraduate independent students eligible to borrow unsubsidized loans under the program in specified amounts. Makes qualified undergraduate dependent students eligible for unsubsidized loans under the program, if the financial aid administrator determines after review that exceptional circumstances will likely preclude the student's parents from borrowing under the program. Prohibits students from being eligible to borrow unsubsidized loans under the program until they have obtained a high school diploma or equivalent. Declares that, if an institution's cohort default rate is 30 percent or more for the most recent fiscal year for which data is available, no undergraduate student at that institution may borrow unsubsidized loans under the program. Directs the Secretary to afford any such institution an opportunity to present evidence contesting the accuracy of the calculation of such rate. Makes parents of qualified dependent students eligible to borrow unsubsidized loans under the program in any amount, subject to specified restrictions based on cost of attendance and amount of other unsubsidized loans and student aid. Provides for determining subsidized loan amounts, based on cost of attendance, other types of student aid received, and expected family (or independent student self-help) contribution. Sets annual and aggregate limits for subsidized loans to first-year, undergraduate, and graduate or professional students. Provides for determining unsubsidized loans to students or parents, based on cost of attendance and other types of student aid. Sets forth annual and aggregate limits for unsubsidized loans for first-year, undergraduate, and graduate or professional students. Sets forth terms of loans under the program. Provides for deferments of repayment during specified periods of education or service. Allows borrowers to accelerate without penalty repayment of the whole or any part of the loan. Sets forth additional and separate terms for subsidized loans and for unsubsidized loans under the program. Sets forth requirements for multiple disbursement of student loans. Sets forth loan repayment rules, including minimum repayment amounts. Requires if a borrower so requests, that repayment be made in accordance with a graduated or income contingent schedule established by the Secretary. Allows the Secretary and the borrower to agree to increase the specified repayment period, but prohibits it from extending beyond 20 years. Directs the Secretary to notify the student borrower, at the beginning of the repayment period, of the availability of the flexible repayment program. Provides for interest rates on unsubsidized loans (the bonds equivalent rate of 52-week Treasury bills, plus three and one-quarter percent) and subsidized loans (eight percent). Directs the Secretary to report such interest rates to the Congress for any fiscal year in which they are not sufficient to recover specified costs to the Government. Sets forth requirements for consolidation loans. Directs the Secretary to enter into agreements to provide loans to consolidate eligible student loans whose outstanding indebtedness is at least $5,000. Sets forth terms and conditions of consolidation loans, including annual interest rates of at least eight percent. Directs the Secretary to establish repayment terms, including graduated and income contingent repayment schedules. Provides for administration of the program. Requires the Secretary to establish: (1) a central data system to maintain records on all loans made under the program; and (2) default prevention programs. Provides for funding of the program through the sale of Government obligations. Sets forth the duties of the Secretary and the Secretary of the Treasury with respect to such sale and funding. Sets forth various amendments to phase out the Stafford Student Loan Program by June 30, 1994. Sets forth adjustments in loan limits prior to termination for the following components of the Stafford program: (1) the federally-insured student loan (FISL) program; (2) the guaranteed student loan (GSL) program; (3) the supplemental loans for students (SLS) program; and (4) loans to parents (PLUS) program. Revises the administrative cost allowance for guaranty agencies under the Stafford program. Provides for expanded uses of Perkins direct student loans repayments. Allows the institution to transfer any part or all of the collections of principal and interest on student loans made from deposited funds in its Perkins student loan fund to an endowment fund: (1) invested and operated in accordance with regulations prescribed by the Secretary; and (2) all of the income from which is expended to make additional funds available to its students under the Pell grants, supplemental educational opportunity grants, and work-study student and programs. Authorizes appropriations.
United States · United States Congress · 1 August 1991
Amends the Internal Revenue Code to increase the exclusion from gross income for combat pay of commissioned officers (from $500 to $2,000 monthly). Requires the transfer from the Defense Cooperation Account to the general fund of the Treasury such amounts as determined necessary to offset the revenue loss caused by this amendment during the period of the Persian Gulf conflict.
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 · 1 August 1991
Insurance Fraud Prevention Act of 1991 - Amends the Federal criminal code to establish penalties for persons engaged in the business of insurance whose activities affect commerce, who: (1) knowingly make a materially false statement or report or willfully overvalue land, property, or security in connection with reports or documents presented to an insurance regulatory official or agency, or to any agent or examiner (official) appointed to examine the affairs of such person for the purpose of influencing in any way the actions of such official; (2) embezzle or willfully misappropriate funds or property while acting as an officer, director, agent, or employee (officer) of such person; (3) knowingly make a false entry of material fact in any book, report, or statement of such person with intent to deceive any person about the financial condition or solvency of such business, or to deceive any officer of such person or any insurance regulatory official; and (4) by threats or force, corruptly influences, obstructs, or endeavers corruptly to influence or obstruct the proper administration of the law under which a proceeding (involving the business of insurance whose activities affect interstate commerce) is pending before an insurance regulatory official to examine the affairs of such person. Authorizes the Attorney General to seek civil penalties and injunctions for violations of this Act. Sets penalties for obstructing criminal investigations with respect to the prosecution of cases of insurance fraud.
United States · United States Congress · 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
Directs the Secretary of Education to conduct an ongoing comprehensive study of the TRIO programs under the Higher Education Act of 1965 (Special Programs for Students from Disadvantaged Backgrounds, including the Talent Search program, Upward Bound program, student support services program, Ronald E. McNair Post-Baccalaureate Achievement Program, and educational opportunity centers program). Requires biennial reports to the Congress on such study.
United States · United States Congress · 31 July 1991
Expresses the sense of the Congress that foreign language instruction should begin at the elementary school level. Offers certain statements of support and recommendations, including joining in calling for the establishment of a Blue Ribbon Commission to further such goal.
United States · United States Congress · 31 July 1991
Defense Coordinated Health Care Act of 1991 - Requires the medical health care system of the Departments of the Army, Navy, and Air Force to be administered solely by the Coordinated Health Care Agency (CHCA). Directs the Office of the Assistant Secretary of Defense of Health Affairs to organize the CHCA and requires the CHCA to be established by January 15, 1992. Requires the Assistant Secretary to develop and implement policy over: (1) all functions necessary to operation of the military health care system; (2) readiness of combat medical support in operating and field forces; (3) delivery of health care services in field facilities; (4) training and development of health services personnel; (5) service unique operational medical support; and (6) preparation for wartime medical mobilization (to be developed jointly by the three Surgeons General). Directs the Surgeons General to advise and provide technical information to assist the Assistant Secretary.
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.
![Official portrait of Rep. Dwyer, Bernard J. [D-NJ-6]](https://www.congress.gov/img/member/d000586_200.jpg)