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
Federal Employee Reservist Benefit Extension Act of 1991 - Entitles civilian employees of the Federal Government ordered to active duty as a member of a reserve component of the armed forces during the Persian Gulf Conflict to special pay equal to the amount by which their civilian pay exceeds their military pay. Provides that if a career Senior Executive Service appointee performs any military service for which such special pay is applicable, that period of military service shall be disregarded in determining: (1) the due date for meeting recertification requirements; (2) the period for meeting recertification after being conditionally certified; and (3) the period permitted for filing appeals of certification questions with the Merit Systems Protection Board. Permits such employees to elect to participate in, and to make retroactive contributions to, the Thrift Savings Plan. Outlines other rights and benefits, including continued eligibility for life insurance and health benefits.
United States · United States Congress · 2 August 1991
Trade Equity Act of 1991 - Amends the Harmonized Tariff Schedule of the United States to classify certain light trucks or light-duty trucks as motor vehicles for the transport of goods for purposes of tariff treatment under the Schedule.
United States · United States Congress · 2 August 1991
College Opportunity Act of 1991 - Title I: Institutional Aid - Amends the Higher Education Act of 1965 (HEA) with respect to institutional aid to historically black colleges and universities. Authorizes the use of grant funds to: (1) establish or enhance a program of teacher education designed to qualify students to teach in public elementary or secondary schools in the State; and (2) perform other proposed activities specifically approved by the Secretary of Education (the Secretary). Increases the minimum allotment to institutions. Revises a list of eligible professional or graduate institutions to eliminate the qualifier "independent" and to add: (1) during any fiscal year, either the Thurgood Marshall School of Law or the College of Pharmacy and Health Sciences (Graduate Program) (but not both), Texas Southern University; (2) North Carolina Central University School of Law; (3) Florida A & M College of Pharmacy and Pharmaceutical Sciences (Graduate Program); and (4) Xavier University of Louisiana School of Pharmacy (Graduate Program). Sets forth special rules relating to the funding of such new institutions and others already on the list. Requires that Morehouse School of Medicine (an institution already on the list) receive at least a special minimum amount during a certain period when funding of such institutions may be ratably reduced. Repeals specified provisions for a challenge grant program for certain types of institutions. Revises provisions for endowment challenge grants program to: (1) reduce from ten years to five years the period after a grant has ended during which an institution is ineligible to reapply; (2) increase the maximum amount of such a grant to an institution in fiscal years when the appropriation exceeds a specified amount; and (3) eliminate the maximum limitation in any fiscal year when the appropriation exceeds a higher specified amount. Extends the authorization of appropriations for programs covered by this title. Requires the Secretary to set aside certain funds for challege grants to historically black colleges and universities. Title II: Student Assistance - Part A: Pell Grants - Extends the Pell Grants program. Sets forth increasing maximum amounts for individual Pell Grants through academic year 1996-1997. Requires entitlement-based allocation of Pell Grant program reimbursements of institutional advances while eliminating adjustments for insufficient appropriations. Requires institutions of higher education which have Pell Grant agreements with the Secretary to: (1) award the full amount of the Pell Grants to which their eligible students are entitled; (2) credit such awards toward student expenses; and (3) submit vouchers for reimbursement. Directs the Secretary to reimburse each institution submitting a proper voucher for the full amount of Pell Grant awards credited to eligible students. Requires each institution desiring to provide Pell grants to eligible students to enter specified types of agreements with the Secretary. Deems an institution, which has entered such an agreement, awarded such grants, and credited such awards, to have a contractual right against the United States (entitlement) to receive such reimbursements. Considers such reimbursements to be payments made for acquisition of services by contract with the Department of Education. Requires the institution to pay any amount of the Pell Grant that exceeds tuition and fees owed by the student to students who do not reside in institutionally-owned or -operated housing. Treats such amounts paid as amounts credited, and allows such funds to be used by the student to cover room, board, transportation, child care, books, and other costs of attendance. Eliminates a percentage-of-cost-of-attendance limitation on the amount of a Pell Grant. Provides for phase-in of the entitlement to Pell Grants. Part B: Perkins Loans - Revises the Perkins Loan program. Provides that no funds are authorized to be appropriated under such program: (1) after FY 1991, of initial allocations to institutions of higher education; and (2) after FY 1991, of initial allocations to institutions of higher-education; and (3) after FY 1996, to enable students who received such loans for academic years ending prior to October 1, 1991, to complete courses of study. Authorizes appropriations for administrative expenses of such program. Extends specified program provisions relating to distribution of assets from student loan funds. Requires program agreements with institutions of higher education to distribution of assets from student loan funds. Requires program agreements with institutions of higher education to provide for: (1) maintenance of a student loan fund, without additional allocations of funds from the Secretary to institutions, and with necessary modifications; and (2) an institutional option, with the Secretary's approval, to establish an income contingent repayment schedule for not more than ten percent of the total amount of student loans made in each academic year based upon specified income contingent repayment schedule in effect on September 30, 1991. Repeals authority for the Income Contingent Direct Loan Demonstration Project. Authorizes the Secretary to promulgate necessary regulations. Part C: Need Analysis - Applies simplified needs analysis to students who: (1) are receiving cash payments under the aid to families with dependent children (AFDC) program of the Social Security Act; (2) are receiving food stamps under the Food Stamp Act of 1977; or (3) qualify for and reside in public housing. Directs the Secretary to provide a streamlined application form for second-year students reapplying for student assistance and for subsequent year students from families that qualify for simplified needs analysis. States that such form shall require such students to submit concise updated information, including the relevant tax return form for the year preceding that for which the determination is made. Part D: Administration - Authorizes the Secretary to waive a specified student eligibility verification requirement for any eligible institution which the Secretary determines has had no audit exceptions for the three prior award years. Requires the Secretary, in carrying out the Robert T. Stafford Loan Program, to assure that the suspension or termination of any eligible institution based on calculation of the institution's cohort or other default rate: (1) not be arbitrary; (2) include total volume of dollars on default represented by the cohort default rate; and (3) be supported by the most accurate calculation of such rate available. Title III: Educator Recruitment, Retention, and Development - Part A: Paul Douglas Teacher Scholarships - Extends the authorization of appropriatons for the Paul Douglas Teacher Scholarships program. Extends the period of such scholarship program and increases the total maximum number of individuals who may receive scholarships under it. Establishes a minority teaching incentive award of an additional $1,000 for each year of such a scholarship, which the State agency must agree to pay to any minority recipient who agrees to perform the required teaching under such scholarship program in an elementary or secondary school of a local educational agency with a significant number of minority students. Requires statewide panels to give priority when selecting new scholarship recipients to applicants who are members of groups underrepresented in the teaching profession, such as minorities and individuals with disabilities. Part B: Christa McAuliffe Fellowships - Extends the authorization of appropriations for the Christa McAuliffe Fellowship program for teachers. Part C: New Teacher Programs for the Improvement of the Education of Minorities - Provides for teacher recruitment for the improvement of the education of minorities. Authorizes the Secretary to make grants to institutions of higher education with schools or departments of education to pay the Federal share of programs to: (1) recruit, prepare, and train students to become elementary and secondary school teachers; and (2) place students as teachers in urban and rural local educational agencies having 50 percent minority student enrollment in their elementary and secondary schools. Requires special consideration to be given to historically black colleges and universities in making such grants. Sets forth requirements for grant uses, applications, and Federal share. Authorizes the Secretary to make grants to partnerships composed of institutions of higher education and local educational agencies for programs to identify and encourage minority students in the seventh through twelfth grades to aspire to and prepare for careers in elementary and secondary school teaching. Authorizes grants to consortia of institutions of higher education with special expertise which have entered a partnership agreement. Sets forth grant selection criteria, partnership agreement requirements, authorized uses of funds, and application requirements. Authorizes appropriations. Title IV: Additional Reauthorizations and Revisions Part A: Academic Libraries - Extends the authorization of appropriations for: (1) college library resources; (2) library training, research, and development; (3) strengthening of research library resources (but requiring that awards first be made to the libraries at North Carolina Central University and Clark Atlanta University); and (4) college library technology and cooperation grants. Part B: International Education - Authorizes the establishment of a program to significantly increase the numbers of African Americans and other minorities in the foreign service of the United States. Requires such academic and professional program to be established in the Institute for International Public Policy at Howard University (Washington, D.C.) (the Institute), created by this Act. Allows any institution of higher education that wishes to participate in any or all aspects of such program to enter into a Memorandum of Understanding with Howard University. Sets forth the components of the academic program of the Institute, including a junior year abroad, academic year and summer internships, a masters degree program, and Ralph Bunche International Fellowships for graduate study at Howard University or other institutions for students who agree to serve two years in the U.S. foreign service for each year of the fellowship. Requires appointment of a Board of Visitors for the Institute. Sets forth matching requirements and provisions for gifts and donations. Requires Howard University and any institutions of higher education in consortium with it to delegate to a nonprofit institution in the District of Columbia the administration of the Foreign Service Examination preparative and the International Careers Program, which may include the Junior Year Abroad and the Academic Year and Summer Internship programs. Authorizes appropriatons. Part C: Graduate Education - Revises the program for grants to institutions to encourage minorities to enter the higher education professorate (currently, grants to institutions to encourage minority participation in graduate education). Directs the Secretary to make grants to institutions of higher education (or to nonprofit organizations associated with such institutions with a demonstrated record of enhancing minority access to graduate education), in consortia with historically black colleges and universities and other institutions with significant enrollments of African Americans, Asian Americans, Hispanic Americans, and Native Americans. States that such grants shall enable such institutions to: (1) identify talented canidates for and recipients of baccalaureate degrees and faculty who wish to enter or continue in the higher education professorate; and (2) provide such students and faculty with stipends and fellowships to assist them in obtaining a doctoral degree and returning to an institution of higher education to teach. Designates such fellowships as the Augustus F. Hawkins Fellowships. Sets forth application and selection requirements. Requires each Hawkins Fellowship recipient to agree to teach at an institution of higher education for two years for every one year of fellowship assistance, or else repay the fellowship. Sets forth repayment procedures and exceptions.
United States · United States Congress · 2 August 1991
Pollution Prevention, Community Recycling, and Incinerator Control Act - Amends the Solid Waste Disposal Act to prohibit the issuance of permits for construction or expansion to municipal solid waste incinerators. Prohibits Federal agencies, State or local governments, or other waste management jurisdictions from issuing permits to such incinerators after December 31, 1999, unless the applicant demonstrates and the State finds that: (1) an annual waste composition analysis of the solid waste generated within the area to be served by the facility is conducted by the applicant and by entities from which the facility accepts waste; (2) such entities divert specified percentages of glass, paper, metals, plastics, and yard and food waste to waste management methods other than incineration; (3) the facility will not interfere with diversion rates; (4) it is not feasible to manage the remaining solid waste through source reduction, reuse, or recycling; (5) the facility will not adversely affect the environment or human health and is not situated in a nonattainment area identified under the Clean Air Act; (6) the facility will not harm the local economy; (7) the full cost of the facility over its entire life will be less costly than reducing, recycling, or composting waste; (8) the waste management jurisdiction conducts a public participation process (including a technical assistance grant to local community groups concerned about the project); (9) the proposed construction or expansion is approved by the unit of local government in whose boundaries the facility would be sited; (10) firms operating the facility are in compliance with environmental and public health statutes, have paid outstanding fines for violations of such statutes, and make disclosure statements available; and (11) an approved environmental impact statement is completed. Directs the Administrator of the Environmental Protection Agency to: (1) promulgate standards for waste composition analyses; and (2) review diversion rates triennially and require higher rates, if feasible. Treats ash from municipal solid waste incinerators as a hazardous waste under the Solid Waste Disposal Act. Requires such ash to be managed in a monofill containing only such ash and designed to: (1) prevent the migration of constituents during the operation of the facility; and (2) prevent the infiltration of precipitation during any closure or postclosure monitoring period. Provides for compliance with such requirement by existing incinerators within three years of the enactment of this Act. Prohibits the use of such ash for any purpose. Prohibits the incineration of household hazardous waste, batteries, chlorinated plastics, consumer electronics, and yard waste in such incinerators. Prohibits the issuance of permits or prior approval for the construction or expansion of hazardous waste incinerators unless: (1) waste composition analyses are conducted by the applicant and generators of waste to be incinerated at the facility; (2) specified toxics use reduction requirements have been met and the facility will not interfere with the implementation of such requirements; (3) the facility will not adversely affect the environment or human health; (4) the facility will not harm the local economy; (5) there is no safer disposal or treatment technology available for any of the wastes; (6) the waste management jurisdiction conducts a public participation process (including a technical assistance grant to local community groups concerned about the project); (7) the proposed construction or expansion is approved by the unit of local government in whose boundaries the facility would be sited; (8) firms operating the facility are in compliance with environmental and public health statutes, have paid outstanding fines for violations of such statutes, and make disclosure statements available; and (9) an approved environmental impact statement is completed. Requires hazardous waste generators, as part of the permit process, to report annually on the use, and reduction of the use, of toxic or hazardous substances at their facilities. Directs permit applicants to demonstrate that the State in which the incinerator is located, and each State in which generators of hazardous waste to be incinerated at the facility are located, are implementing toxics use reduction programs. Applies this Act's requirements to any facility that burns hazardous waste.
United States · United States Congress · 2 August 1991
Amends the Office of Federal Procurement Policy Act to direct the Administrator of General Services to prescribe regulations to ensure the participation of (except in specified circumstances) at least five historically Black colleges and universities and nonprofit organizations owned and controlled by Black Americans in research and development (R&D) activities conducted with Federal funds by executive agencies. Outlines the requirements to be imposed on executive agencies through such regulations, including the requirement that each such agency reserve a specified percent of its FY 1992 through 1995 appropriations for R&D activities to be conducted by the Black colleges it must designate under this Act as federally funded R&D centers. Increases such set-aside on a graduated basis for such fiscal years. Directs the Comptroller General to study and report to the Congress annually on the activities of executive agencies in carrying out this Act.
United States · United States Congress · 1 August 1991
Amends the Higher Education Act of 1965 to revise graduate program provisions to rename Grants to Institutions to Encourage Minority Participation in Graduate Education as Grants to Institutions to Strengthen and Diversity the Higher Education Professorate. Directs the Secretary of Education (the Secretary) to make grants to institutions of higher education to identify talented minority students and faculty members and to provide them with stipends and fellowships (Augustus F. Hawkins Fellowships) to assist them in obtaining a doctoral degree if they agree to teach at an institution of higher education for a specified period after receiving such degree. Requires such grants to be made to institutions of higher education, or to nonprofit organizations associated with institutions of higher education with a demonstrated record of enhancing minority access to graduate education. Requires such institutions to carry out the program in consortia with historically black colleges and universities and other institutions with significant enrollments of African Americans, Asian Americans, Hispanic Americans, and Native Americans. Sets forth grant application and selection requirements. Requires the Secretary to give priority to applications from institutions which provide a tuition waiver and a minimum $2,000 stipend to each Hawkins Fellowship recipient; but authorizes the Secretary to waive all or any portion of such requirement upon request of any historically Black college or university. Sets forth agreement requirements for fellowship recipients. Requires an agreement to teach for at least two years, within five years after completing the doctorate, at a public or private nonprofit institution of higher education (or, in the case of a for-profit institution, one that offers at least the Associate of Arts degree). Requires repayment if the teaching service requirement is not complied with. Provides for deferral of repayment during certain periods, and forgiveness in cases of permanent total disability.
United States · United States Congress · 1 August 1991
Comprehensive Occupational Safety and Health Reform Act - Amends the Occupational Safety and Health Act of 1970 (OSHA) with respect to occupational safety and health programs, committees, employee representatives, coverage, standards, enforcement, antidiscrimination, training and education, hazard and illness evaluation, State plans, and victims' rights. Title I: Safety and Health Programs - Amends OSHA to establish requirements for each employer to set up and carry out a written occupational safety and health program that includes methods and procedures for: (1) identifying, evaluating, and documenting hazards; (2) correcting them; (3) investigating work-related illnesses, injuries, and deaths; (4) providing occupational safety and health services, including emergency response and first aid procedures; (5) employee participation in implementing such program, including, where applicable, a safety and health committee; (6) responding to such committee's recommendations; (7) providing safety and health training and education to employees and committee members; (8) designating an employer representative qualified to and responsible for identifying hazards and initiating corrective action; and (9) at a worksite where employees of two or more employers work, protecting employees from hazards under the other employers' control. Authorizes the Secretary of Labor (the Secretary) to modify the application of such requirements to classes of employers where, in light of the risks faced by the employer's employees, such a modification would not reduce their safety and health protection. Directs the Secretary to issue final regulations on the required employer occupational safety and health programs, covering employee training and education as well, including annual refresher courses. Title II: Safety and Health Committees and Employee Safety and Health Representatives - Amends OSHA to require each employer of 11 or more employees to provide for: (1) safety and health committees; and (2) employee safety and health representatives. Requires, in general, such employers to establish such a committee at each worksite, but authorizes the Secretary to modify application of this requirement to: (1) an employer whose employees do not primarily report to or work at a fixed location; (2) covered employers at worksites where less than 11 of their employees are employed; and (3) worksites where employees of more than one employer are employed. Requires committee membership to consist of elected or appointed employee representatives and up to an equal number of employer representatives. Requires the committee to be cochaired by an employer representative and an employee representative. Grants each committee the reasonable right to: (1) review occupational safety and health related employer programs, incidents of death, injury, or illness, complaints of hazards, the employer's work injury and illness records (other than personally identifiable medical information), and other related reports and documents; (2) conduct worksite inspections (and related employee interviews) at least once every three months and in response to complaints; (3) conduct meetings at least once every three months; (4) observe the measurement of employee exposure to toxic materials and harmful physical agents; (5) establish procedures for exercising committee rights; (6) make advisory recommendations for improvements and corrections; and (7) accompany the Secretary's representative during certain physical inspections of the worksite. Requires the employer to permit committee members to take such time from work as is reasonably necessary to exercise committee rights, without any loss of pay or benefits for such time. Directs the Secretary to issue final regulations for the establishment and functioning of such committees. Sets forth procedures for selection of employee representatives by and from nonmanagerial employees. Directs the Secretary to issue regulations on safety and health representatives, including specified numbers and selection procedures. Title III: Coverage - Revises the OSHA definition of employer to include the Federal Government (except certain congressional employees) and State and local governments, thus extending OSHA coverage to public employees. (Includes under such OSHA coverage the executive and judicial branches and the following agencies of the legislative branch: the Botanic Garden, the General Accounting Office, the Government Printing Office, the Library of Congress, the Office of Technology Assessment, the Congressional Budget Office, and the Copyright Royalty Tribunal.) Authorizes the Secretary to cede OSHA jurisdiction to a Federal agency with respect to specified standards or regulations affecting occupational safety and health of some or all employees within that agency's regulatory jurisdiction, if the agency has promulgated and is enforcing standards and regulations so that its employees are being protected at least as effectively as they would be by the Secretary. Declares that nothing in OSHA shall apply to working conditions covered by the Federal Mine Safety and Health Act of 1977. Applies OSHA to employment performed in the Federal nuclear facilities under the control or jurisdiction of the Department of Energy. Extends an employer's duties under OSHA to all employees working at the place of employment (even if they are not the employer's employees). Title IV: Occupational Safety and Health Standards - Revises provisions for OSHA standards. Requires specified timeframes for setting such standards after the Secretary has received: (1) a recommendation of an advisory committee, the Secretary of Health and Human Services (HHS), or the Administrator of the Environmental Protection Agency; or (2) a petition from an interested person setting forth with reasonable particularity the facts claimed to establish that a standard should be promulgated, modified, or revoked. Directs the Secretary, within 90 days after such receipt, to publish a response stating whether the Secretary intends to publish a proposed rule with respect to such standard, or if not, the reasons for the decision not to publish such a rule. Directs the Secretary, if such rule is intended to be published, to do so within 12 months after the receipt of the recommendation or petition. Directs the Secretary to: (1) afford interested persons a period of at least 30 days to submit written data or comments after publication of a proposed rule promulgating, modifying, or revoking an OSHA standard; and (2) issue a final rule within 180 days after the public comment period (or within 180 days after a required public hearing on objections to such rule). Allows any adversely affected person to petition for judicial review, in the U.S. court of appeals for the appropriate circuit, of the Secretary's refusal or failure to issue such rules or standards. Requires that such a petition to appeal the Secretary's determination not to propose a rule with respect to a standard be filed within 60 days after publication of such determination. Requires set-aside of the Secretary's determination if it is found to be arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law. Allows a petition to appeal the Secretary's failure to publish a proposed rule within the required 12-month time frame to be filed at any time after such time period has elapsed. Directs the reviewing court to compel the Secretary to take any such action that is found to have been unlawfully withheld or unreasonably delayed. Provides that the withholding or delaying of action shall not be justified by the Secretary's desire to consult with, or receive approval from any other Federal agency or executive official, except where this is required by applicable law and pursued in timely fashion. Revises the definition of "occupational safety and health standard" to mean a standard which addresses a significant risk to the safety or health of employees by requiring conditions, or the adoption or use of one or more practices, means, methods, operations, or processes that most adequately assure, to the extent feasible, safe and healthful employment and places of employment. Requires each OSHA standard also to prescribe requirements for recording or reporting a work-related illness determined as a result of a medical examination or test conducted under the standard. Directs the Secretary to place in the public record all written comments and communications and a summary of all verbal communications with parties outside the Department of Labor (DOL) (including communications with executive branch officials) regarding promulgation, modification, or revocation of an OSHA standard. Directs the Secretary, in cooperation with the Secretary of HHS and in addition to other OSHA standards, to modify and establish exposure limits for toxic materials and harmful physical agents on a regular basis in a specified manner. Directs the Secretary of HHS, acting through the National Institute for Occupational Safety and Health (NIOSH), to: (1) regularly evaluate available scientific evidence, data, and information to determine if such exposure limits should be modified or be established to protect exposed employees from material impairment of health or functional capacity; and (2) at least every three years, on the basis of such evaluation, develop and transmit to the Secretary recommendations identifying materials and agents for which exposure limits should be modified or established to protect employees from such impairment. Directs the Secretary: (1) within 30 days of receipt of such recommendations, to publish them and provide a 30-day public comment period; (2) within six months of their receipt evaluate them and the public comments and publish a proposed rule for the exposure limits of each material and agent for which the Secretary of HHS has made a recommendation (explaining why any proposed limit is not the same as a recommended limit); (3) within one year of publication of the proposed limits, issue a final standard (explaining why any final limit is not the same as the recommended limit); and (4) establish or modify such limits whenever warranted, in addition to a periodic review. Directs the Secretary, within two years after the effective date of this Act, to promulgate final standards on exposure monitoring and medical surveillance programs, including specified requirements. Directs the Secretary to issue a final standard on ergonomic hazards to protect employees from work-related musculoskeletal disorders, including specified requirements. Sets forth timetables for the Secretary to issue various OSHA final standards. Title V: Enforcement - Revises OSHA enforcement provisions. Provides that time spent by an employee in accompanying the Secretary's representative on an OSHA inspection shall be deemed to be hours worked, with no loss of pay, benefits, or seniority. Requires the Secretary to notify employees or their representative within 30 days after receipt of their request for inspection that there are no reasonable grounds to believe a violation or danger exists. Directs the Secretary also to make a special inspection after determining that there are reasonable grounds to believe that an imminent danger or serious violation exists in a place of employment, upon notification from any other source (as well as upon notification by an employee or employee representative as in current law). Directs the Secretary to establish and carry out a special emphasis inspection program for conducting inspections of industries or operations where existing hazards or newly recognized or new hazards introduced into work sites warrant more intensive than normal inspections. Requires annual designation of the industries and operations for such program and the number of inspections planned and number of enforcement personnel required. Requires that special emphasis inspections be in addition to other programmed and complaint inspections conducted under OSHA before the effective date of this Act. Requires a report on such program in the Secretary's annual OSHA report to the Congress. Requires the Secretary to investigate any work-related death or serious incident (i.e. one resulting in hospitalization of two or more employees). Requires the employer to: (1) notify the Secretary of any death or serious incident occurring in a place of employment covered by OSHA; and (2) prevent the destruction or alteration of evidence that would assist in investigating such death or incident. Requires OSHA citations to state if the Secretary or the Secretary's representative believes that an alleged violation is serious and presents such a substantial risk to the safety or health of employees that initiation of review proceedings should not suspend the running of the period for correction of the violation. Revises the correction period to make it begin to run from the date of receipt of the citation, with specified exceptions. Requires employers to verify the abatement of a serious, willful, or repeated violation in writing to the Secretary within 30 days after the correction period has expired. Requires employers, within ten days after verification of abatement, to prominently post notice of such abatement at or near each place the violation occurred and to make a copy of the verification available to employers and employee representatives. Directs the Secretary to issue regulations implementing such abatement verification and notice requirements. Grants employees the right to contest: (1) citations' designations of the character of the violation or of the OSHA provision, standard, rule, regulation, or order violated (in addition to contesting the abatement period, as in current law); and (2) proposed penalties as inadequate. Grants employee representatives the right to participate in other proceedings (as well as hearings) conducted under specified OSHA enforcement procedures. Requires, if the Secretary intends to withdraw or modify a citation as a result of any agreement with the employer, the Commission's rules of procedure to provide for prompt notice to affected employees or their representatives. Grants employees or their representative, regardless of whether they have previously elected to participate in the proceedings, the right to file a notice alleging that the proposed agreement fails to effectuate the purposes of OSHA within 15 days after receipt of notice of the agreement. Directs the Secretary to consider the matter and, upon determination to proceed with the agreement, respond with particularity to the objections. Grants employees or their representative, within 15 days after the Secretary's response, the right to a hearing upon request to the Commission. Provides that if the Commission determines the proposed agreement fails to effectuate the purposes of OSHA, the proposed agreement shall not be entered as a Commission order and the citation shall not be withdrawn or modified in accordance with the proposed agreement. Revises OSHA provisions for restraining imminent dangers. Directs the Secretary to inform the employer and the affected employees and request that a condition or practice that poses an imminent danger be corrected immediately or that employees be immediately removed from exposure to such danger. Requires such actions if the Secretary determines, on the basis of an inspection or investigation, that a condition or practice in the place of employment is such that an imminent danger to safety or health exists which could reasonably be expected to cause death, serious physical harm, or permanent impairment of health or functional capacity of employees if not corrected immediately. Directs the Secretary to determine whether to post a notice in the workplace if the employer refuses to comply with the Secretary's request. Requires that such notice identify the source of the imminent danger. Grants employees the right to refuse to perform a duty that has been identified as the source of an imminent danger by such a notice, and prohibits discrimination against them for such refusal. Subjects an employer to a civil penalty of from $10,000 to $50,000 for each day during which an employee continues to be exposed if the employer does not immediately correct the hazard referred to in the posted notice or remove all employees from exposure to it, unless the Commission determines that the condition or practice is not covered by such imminent danger provisions. Revises OSHA criminal penalties to increase the maximum amount of fines and the length of prison terms for specified violations, including those for a willful violation causing death, an improper advance notice of an inspection, or a false statement. Establishes criminal penalties for a willful violation that causes serious bodily injury. Prohibits a penalty or fine which is imposed on a director, officer, or agent of an employer from being paid out of the employer's assets on behalf of that individual. Provides that nothing in OSHA shall preclude State and local law enforcement agencies from conducting criminal prosecutions in accordance with State or local laws. Title VI: Protection of Employees from Discrimination - Revises OSHA antidiscrimination provisions to extend coverage to an employee's: (1) reporting any injury, illness, or unsafe condition to the employer, employer's agent, safety and health committee, or employee safety and health representative; and (2) refusing to perform duties when reasonably apprehensive that doing so would result in serious injury to himself/herself or other employees, after having sought and been unable to obtain from the employer corrections of the circumstances causing such refusal. Revises procedures for consideration of complaints of discrimination. Increases the period for filing such complaints from 30 to 180 days after the alleged discrimination. Requires the Secretary, within 60 days after receipt of the complaint, to investigate and notify the complainant and the alleged violator of the findings. Requires such findings to be accompanied by a preliminary order providing relief, if the Secretary has concluded that there is reasonable cause to believe a violation has occurred. Allows the alleged violator or the complainant to file, within 30 days, objections to the findings and/or the preliminary order, and to request a hearing on the record. Provides that such filing of objections shall not operate to stay any reinstatement remedy in the preliminary order. Requires such hearings to be conducted expeditiously. Deems the preliminary order a final order not subject to judicial review if a hearing is not timely requested. Directs the Secretary to issue a final order within 120 days after the conclusion of such hearing. Allows such proceedings to be terminated at any time in the interim on the basis of a settlement agreement by the Secretary, the complainant, and the alleged violator. Requires the Secretary, upon determination that a violation of antidiscrimination provisions has occurred, to order: (1) correction of the violation; (2) reinstatement to the former position with all compensation (including back pay), terms, conditions, and privileges of such employment; and (3) compensatory damages. Authorizes the Secretary, upon request of the complainant, to assess against the person against whom such order is issued all costs and expenses (including attorney's fees) incurred by the complainant in connection with bringing the complaint. Allows adversely affected or aggrieved persons to petition within 60 days to obtain review of such orders in the U.S. Court of Appeals for the appropriate circuit. Directs the Secretary to file a civil action in the appropriate U.S. district court to enforce such orders against persons who fail to comply. Authorizes such court to grant appropriate relief. Provides that the legal burdens of proof that prevail under the Whistleblower Protection Act of 1989 shall govern adjudication of protected activities under OSHA antidiscrimination provisions. Title VII: OSHA and NIOSH Training and Education - Revises OSHA provisions for training and education. Includes education programs for employees and members of safety and health committees, as appropriate, among those programs which the Secretary of HHS is to conduct through NIOSH. Requires the Secretary (of Labor) to develop training materials, model curricula, and programs to assist employers in: (1) providing the training and education required under the new provisions for employer occupational safety and health programs; and (2) complying with OSHA standards. Title VIII: Recordkeeping and Reporting - Revises OSHA provisions relating to statistics to require the Secretary to collect information and conduct analyses that identify: (1) industries, employers, processes, operations, and occupations that have a high rate of injury or illness; (2) factors that cause or contribute to injuries and illnesses; and (3) workers' compensation costs associated with the injuries and illnesses. Requires such data to be publicly available in a form suitable for further statistical analysis, and to be used in setting safety and health standards, targeting inspections of individual establishments, and evaluating standard setting and enforcement programs. Directs the Secretary to require each employer covered by OSHA to report: (1) each work-related death of an employee immediately upon knowledge; and (2) each serious incident resulting in hospitalization of two or more employees within 24 hours of the incident. Revises OSHA requirements for employer records and reports to include (in addition to work-related deaths, injuries, and illnesses) suspected work-related illnesses, including a work-related illness reported by an employee or an employee's physician, unless the employer makes a reasonable determination that the illness is not work-related. Provides that all such employer records and reports shall be made available to the Secretary, the Secretary of HHS, employees, and employee representatives. Title IX: NIOSH - Revises OSHA provisions relating to duties of the Secretary of HHS acting through NIOSH. Includes under hazard evaluation reports an evaluation of whether any hazardous condition or harmful physical agent found in the place of employment poses a risk to exposed employees. Directs the Secretary of HHS, if a final determination of hazard is not made within six months of a request, to provide to the employer and employees an interim report on the known or suspected hazards, a recommendation for control, and an estimate of the time in which a final determination will be made. Directs the Secretary of HHS to identify major factors contributing to occupational injuries and deaths through accident investigations and epidemiological research. Directs the Secretary of HHS to carry out a program to identify and notify employees at increased risk of occupational illnesses, injuries, and deaths, including public information and education programs, and recommendations for appropriate medical surveillance. Requires notification, if they are found to be at increased risk, of subjects of studies funded or conducted by the Secretary of HHS under such program. Specifies that the authority of the Secretary of HHS, and of NIOSH, to inspect records extends to the Secretary's designees and contractors. Directs the Secretary of HHS, through NIOSH (and in cooperation with other HHS agencies and the Secretary of Labor), to establish a national surveillance program to identify cases of occupational illnesses, deaths, and serious injuries. Requires coordination with State health agencies and Federal and State workers' compensation agencies under such program. Directs the Secretary of HHS to collect data each year on the number and characteristics of all occupational deaths and selected occupational illnesses and injuries. Requires, in making such selections, consideration of known frequency and severity of the disorder and of the size of the population at risk. Directs the Secretary of HHS to report on and analyze the occupational deaths, illnesses, and injuries collected under such program, and transmit such information to the Secretary of Labor, State health agencies, employers, employees, and other interested parties. Authorizes the Secretary of HHS to require an employer, through a physician or health professional employed by or under contract to the employer, to report information on occupational deaths, illnesses, and injuries. Establishes NIOSH as a separate agency within the U.S. Public Health Service in the Department of HHS. Title X: State Plans - Revises OSHA requirements for State plans to provide for: (1) development of safety and health programs and safety and health committees and training programs that are at least as effective as those under the new OSHA requirements; and (2) reporting requirements, protection of employee rights, and access to information that are at least as effective as those under OSHA or other Federal laws governing access to information related to OSHA. Requires a State to enforce a Federal OSHA standard until a State standard at least as effective is in effect, if a State fails to adopt or promulgate such a standard within six months after the Federal standard is promulgated. Requires the Secretary (of Labor) to: (1) promptly investigate complaints against a State plan if there are reasonable grounds to believe a deficiency exists; (2) investigate complaints alleging a deficiency in a State enforcement action within 30 days of receipt; and (3) within 30 days of completion of the investigation, transmit findings and recommendations for correction to the State and complainant (or notify the complainant if there are no reasonable grounds to believe a deficiency exists). Requires a State to respond as to what action it has taken on the Secretary's findings and recommendations within 30 days of their receipt. Directs the Secretary to issue a citation with reasonable promptness if, after receipt of the State's response, the Secretary believes a serious violation of OSHA exists for which the State has failed to issue a citation. Requires the Secretary, upon determination that there are reasonable grounds to conclude there is a failure to comply substantially with any provision or assurance of the State plan, to: (1) notify the State and allow six months for correction of deficiencies; (2) institute proceedings for withdrawal of approval of the State plan, if the State has not corrected the deficiencies within six months (unless there are exceptional circumstances); and (3) during the pendency of such proceedings, exercise concurrent jurisdiction with the State over the safety and health issues that are subject to the State plan. Requires States which are operating State safety and health plans to modify them to conform to this Act. Title XI: Victim's Rights - Sets forth provisions for victims' rights under OSHA. Defines a victim as: (1) an employee who has sustained a work-related injury or illness which is the subject of an OSHA inspection or investigation; or (2) the family member of an employee who either is killed or cannot reasonably exercise victim's rights as a result of such an injury or illness. Grants victims the right, on request, to: (1) meet with the Secretary or a representative respecting the inspection or investigation before the Secretary's decision to issue a citation or to take no action; (2) receive a free copy of any citation or report issued as a result of the inspection or investigation; (3) be informed of any notice of contest filed; (4) be provided an explanation of the rights of employees and employee representatives to participate in OSHA enforcement proceedings; and (5) be provided an opportunity to appear and make a statement before the parties conducting any settlement negotiations, before the Secretary agrees to withdraw or modify the citation. Provides that a victim shall have the same rights as an employee under OSHA enforcement procedures. Entitles a victim, if such victims' rights are violated, to declaratory relief, injunctive relief, recovery of costs of securing specified documents, and reasonable attorney's fees and costs. Directs the Secretary to take reasonable actions to inform victims of these rights. Title XII: Worker's Compensation Study - Establishes the Federal Worker's Compensation Commission. Directs the Commission to study worker's compensation laws and system with respect to: (1) the recommendations of the National Commission on State Workmen's Compensation Laws; (2) the feasibility of using workers' compensation data to target loss prevention activities on high risk occupations; (3) the laws' adequacy in providing for needs of injured workers, occupational illnesses and diseases, quality control and medical and rehabilitation costs with cost control, and time for recuperation and counseling before return to full-time work; (4) the administrative system's adequacy and the appropriateness of such laws as the exclusive remedy; (5) the relationship between workers' compensation, safety and health programs, and insurance rates and services; (6) the feasibility and appropriateness of transferring the branch of the Department of Labor involved in workers' compensation studies from the Employment Standards Administration to the Occupational Safety and Health Administration; and (7) the feasibility of preempting State workers' compensation laws with a national program. Requires such Commission to report the results of such study to the President and the Congress. Title XIII: Effective Date - Sets forth the effective date of this Act.
United States · United States Congress · 1 August 1991
Military Retirement Equity Act of 1991 - Permits retired members of the armed forces to be paid retirement pay concurrently with compensation for any service-connected disability if the person's entitlement to such retirement pay is based solely on: (1) age; (2) length of service; or (3) both. Reduces the amount of retirement pay, in the case of individuals receiving both types of pay, by a specified percentage of the disability compensation which decreases as the disability rating increases. Prohibits any reduction in the retirement pay of a disabled person when the disability rating is total. Expresses the sense of the Congress that, once the Federal budget deficit has been reduced, the Congress should reexamine and eliminate any offset of retired pay by a veteran's disability compensation.
United States · United States Congress · 31 July 1991
Occupational Safety and Health Hazards Victims' Rights Act - Amends the Occupational Safety and Health Act of 1970 to set forth rights of victims (injured employees and their family members), including: (1) meetings, reports, and participation in proceedings and settlements; (2) access to information and documents; and (3) specified additional remedies. Directs the Secretary of Labor to notify victims of their rights under this Act.
United States · United States Congress · 30 July 1991
Directs the Federal Communications Commission (FCC) to require each of the regional holding companies formed as a consequence of the divestiture of the American Telephone and Telegraph Company of its local telephone companies to submit an annual plan for increasing procurement from business enterprises which are owned by minorities and women. Directs the FCC to establish regulations for: (1) implementing programs pursuant to this Act that will govern such companies and their affiliates; (2) verifying and determining the eligibility of business enterprises that are owned by minorities and women for procurement contracts; (3) requiring company outreach programs to inform and recruit such enterprises to apply for such contracts; and (4) enforcing this Act. Allows the FCC to waive the provisions set forth above if procurement from such enterprises results in undue hardship or unreasonable expense to a regional holding company. Provides sanctions for the: (1) false representation of a business as a business enterprise owned by minorities or women; and (2) false implementation by holding companies of the programs to be implemented pursuant to this Act. Prohibits discrimination against such qualified business enterprises in procuring contracts from telephone utilities. Allows such enterprises to bring civil actions in appropriate U.S. district courts against any regional holding company which is resisting full compliance with this Act.
United States · United States Congress · 30 July 1991
Hispanic Access to Higher Education Act of 1991 - Amends the Higher Education Act of 1965 (HEA) to establish an integrated early outreach program. Directs the Secretary of Education (the Secretary) to make grants and contracts to specified types of entities for providing various educational services to develop the academic skills and self-confidence of program participants necessary for success in higher education. Requires that: (1) at least two-thirds of program participants be low-income, racial or ethnic minorities underrepresented in higher education who are first-generation college students; and (2) the remaining one-third of such participants be either low-income individuals or first-generation college students. Requires participants to have completed three years of elementary education, and be between eight and 19 years of age (unless such limitations would defeat program purposes). Requires annual program reports to include data on student academic progress, appropriate income measures, gender, English proficiency, and the racial and ethnic background of program participants and service providers. Authorizes appropriations. Directs the Secretary to conduct a biennial survey, through the National Center for Educational Statistics, of factors associated with participation of low-income and minority students in various types of postsecondary education. Sets forth requirements for development of such survey and types of data to be included. Establishes a demonstration program of Stafford student loan forgiveness for any borrower employed as a full-time teacher: (1) in a school which qualifies under HEA for loan cancellation for Perkins student loan recipients who teach at such schools; and (2) of mathematics, science, foreign languages, special education, bilingual education, or any other field where the State educational agency determines there is a shortage of qualified teachers. Directs the Secretary to assume the obligation to repay the following percentages of Stafford loans incurred during the borrower's last two undergraduate years: (1) 15 percent for the first or second academic year in which the borrower is a full-time teacher; (2) 20 percent for the third or fourth such years of teaching; and (3) 30 percent for the fifth year. Sets forth a special rule authorizing such repayments with respect to Stafford loans for a maximum of two years in returning to an institution of higher education after graduation to obtain a teaching certificate. Authorizes the Secretary to make grants to State educational agencies (SEAs) to conduct Teacher Corps activities. Bases the amount of such grants on relative school-age population. Directs the Secretary to use funds for such program to: (1) disseminate information nationally about the availability of Teacher Corps scholarships to individuals leaving the armed services; and (2) conduct activities, with SEA cooperation, which foster communications and meetings, including training, of Teacher Corps members. Authorizes each SEA receiving such a grant to use such funds for: (1) grants to local educational agencies (LEAs) for induction and mentor programs; (2) in-service and mentoring program for Teacher Corps members at State and local levels; (3) technical assistance to LEAs for Teacher Corps and induction programs; (4) evaluation of Teacher Corps membership applications and awarding Teacher Corps scholarships; (5) Teacher Corps awards to individuals in training to become a school psychologist, school social worker, or a school counselor; (6) ensuring that members understand repayment obligations resulting from noncompliance with scholarship conditions; (7) assistance for employment placement of Teacher Corps members; and (8) collection of scholarship repayments. Requires SEAs to give priority in awarding grants to LEAs with the greatest proportion of disadvantaged students, including racial and ethnic minorities. Allows each SEA to choose to administer such program through a preexisting experienced panel. Authorizes LEAs receiving grants to use such funds for: (1) induction programs for new Teacher Corps members and other new teachers; and (2) ensuring that Teacher Corps members participate in an induction program for at least one year, including working with a mentor teacher designated by the LEA. Allows such induction programs to be developed in cooperation with institutions of higher education. Requires the SEA, in cooperation with the State higher education agency, to select Teacher Corps members. Requires the SEA-established criteria to include specified factors. Requires special consideration for individuals who intend to teach limited English-proficient students, preschool age children, or students with disabilities (or to provide related services to students with disabilities). Requires priority consideration for individuals from disadvantaged backgrounds, including racial and ethnic minorities and individuals with disabilities, who are underrepresented in the teaching profession or the curricular areas in which they are preparing to teach. Sets forth application requirements for Teacher Corps membership, SEAs, and LEAs. Provides for Teacher Corps scholarships. Limits individual eligibility to a maximum of three years of specified types of programs of study. Limits individual scholarship amount and duration. Requires that such scholarships be considered in determining eligibility for HEA student assistance. Requires that total assistance not exceed need. Provides for continued eligibility. Sets forth scholarship conditions, including agreement to work as a teacher, upon completion of education, for five years in a school which qualifies for Perkins student loan cancellation under HEA, or to repay all or part of the scholarship, plus interest, if scholarship conditions are not complied with. Requires SEAs receiving Teacher Corps assistance to: (1) publicize availability of and application procedures for Teacher Corps scholarships, particularly among specified types of students and individuals; and (2) recruit minority students to participate in the Teacher Corps program. Authorizes appropriations. Prohibits any such funds from being appropriated unless the amount appropriated to carry out the Paul Douglas Congressional Teacher Scholarships program under HEA equals or exceeds a specified amount. Amends HEA to establish the Teacher Opportunity Corps (TOC) program, to encourage institutions of higher education to offer educational programs and financial assistance to enable paraprofessionals working in shortage area schools serving disadvantaged students to become certified teachers. Directs the Secretary to allocate TOC program grant funds to States according to the same formula under which States receive funding for education of disadvantaged children. Requires TOC grant program agreements to include provisions for administration and recordkeeping by the State education or higher education agency. Authorizes the Secretary to make grants to States to support TOC programs at institutions of higher education. Sets forth State grant application requirements and general criteria for State grants, including: (1) involvement of institutions of higher education and shortage area schools or school districts; (2) full creditability to a baccalaureate program leading to teacher certification; (3) a program evaluation system; and (4) appropriate credit for paraprofessional classroom experience as practice or student teaching. Requires any paraprofessional who receives student financial assistance under the TOC program to agree to act as a paraprofessional in a shortage area school for at least one year for each year of such assistance, within ten years after completing the postsecondary education. Requires repayment of all or part of such assistance, plus interest and reasonable collection costs, if the recipient fails to comply with this service requirement, except in specified circumstances. Requires that such student financial assistance supplement, but not supplant, other Federal or State assistance for which the student would otherwise qualify. Requires TOC program grants to be for a term of at least five years, subject to availability of appropriations. Allows States to use TOC program funds for: (1) student financial assistance to paraprofessionals to pay part or all of the costs of attendance (including child care) in postsecondary education programs required for teacher certification; (2) supportive services for such paraprofessionals during participation in such programs; and (3) payment of wage costs of substitute paraprofessionals to afford employed paraprofessionals release-time to attend postsecondary classes required for teacher certification. Authorizes appropriations. Revises HEA with respect to Special Programs for Student from Disadvantaged Backgrounds to require the Secretary to consider the geographic location of first-time applicants for such funding to ensure that projects are evenly distributed geographically and are able to service the needs of large concentrations of disadvantaged students. Includes community-based organizations among the entities which may receive grants and contracts for such programs. Authorizes the Secretary to compile data on the students served by the projects assisted. Requires such data to include specified minimum components. Revises HEA special programs for students whose families are engaged in migrant and seasonal farmwork. Expands eligibility for the high school equivalency program and the college assistance migrant program to include certain persons who have participated in specified programs under the Elementary and Secondary Education Act of 1965 or the Job Training Partnership Act. Extends the grant period from three to five years. Extends the authorization of appropriations for the high school equivalency program and the college assistance migrant program. Authorizes the Secretary to carry out a National Mini-Corps Program to: (1) provide certain migrant college students with training to help them serve as student or teacher role models, links to the community, and tutors and teachers of migrant children; (2) designate college coordinators at participating institutions to train, supervise, and assign migrant students in cooperation with the operating State agency in which migrant children with special needs have been identified; (3) provide academic assistance, home visits, parental involvement, parent-student advisement services, and family advocacy; (4) provide that the instructional services for migrant children are to be coordinated with the overall educational goals of the operating State agency; and (5) provide that migrant students participating in such programs work from ten to 15 hours per week and receive stipends for such services. Authorizes appropriations.
United States · United States Congress · 29 July 1991
Medicare Physician Payment Reform Amendments of 1991 - Amends title XVIII (Medicare) of the Social Security Act to revise the transition rules for phasing in the resource-based relative value scale (RB RVS) method of payment for physician services to prohibit adjustments for asymmetry in the transition and for behavioral responses. Declares spending under this Act to be an emergency requirement under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) and exempt from sequestration.
United States · United States Congress · 26 July 1991
Calls on the Government of Vietnam to: (1) make public the names of all individuals who continue to be held in "reeducation" camps or prisons in connection with suspected opposition to the Government; (2) release immediately all remaining long-term detainees from such camps or prisons; (3) grant exit permission to all Vietnamese who qualify for resettlement in the United States through the U.S. Special Released Reeducation Center Detainees Resettlement Program; and (4) end immediately all arrests or rearrests of detainees.
United States · United States Congress · 25 July 1991
Unemployment Insurance Reform Act of 1991 - Title I: Federal Supplemental Compensation Program - Subtitle A: Establishment of Program - Establishes a Federal supplemental unemployment compensation program. Allows any State to enter into and participate in an agreement with the Secretary of Labor (the Secretary) under which the State agency which administers the State unemployment compensation law will make payments of Federal supplemental compensation: (1) to individuals who have exhausted all rights to regular compensation under State law, have no rights to such regular compensation or any additional State or Federal compensation, and are not receiving Canadian compensation; and (2) for any week of unemployment beginning in the individual's eligibility period. Sets forth provisions relating to exhaustion of regular benefits and weekly amount of supplemental benefits equal to regular benefits. Requires a State, under such an agreement, to establish a Federal supplemental compensation account with respect to the benefit year of each eligible individual who files an application. Limits benefit payments to not more than the amount in the individual's account. Sets forth formulas for determining the amount in such account. Provides that such amount shall be equal to the lesser of: (1) 100 percent of the total amount of regular compensation (including dependents' allowances) payable to the individual with respect to the most recent regular benefit year; or (2) the applicable limit times the average weekly benefit amount for the benefit year. Sets the applicable limit at: (1) 20 for an eight-percent period, i.e. one triggered by a total unemployment rate (TUR) of eight percent or more in the State, seasonally adjusted, for the most recent three months with available data; (2) 15 for a seven-percent period; and (3) ten for a six-percent period. Sets forth special rules relating to such applicable limits. Coordinates the Federal supplemental compensation program with the trade readjustment allowance program under the Trade Act of 1974. Sets forth general, special, and transitional rules for supplemental benefit periods, individual eligibility periods, State on and off indicators, and a temporary national trigger. Sets forth provisions for payments to States having such agreements for Federal supplemental compensation. Sets forth reachback provisions for certain individuals' eligibility for such benefits. Sets forth provisions relating to fraud and overpayments. Subtitle B: Repeal of Extended Program - Repeals the Federal-State Extended Unemployment Act of 1970, and references to the extended unemployment compensation program (established by such Act) in the Federal Unemployment Tax Act (FUTA) provisions of the Internal Revenue Code and in the Social Security Act (SSA). Title II: Modifications to Eligibility Provisions - Amends FUTA to limit the circumstances under which individuals may be disqualified for unemployment compensation under State law. Amends specified Federal law to repeal certain limitations on payment of unemployment compensation to former members of the Armed Forces. Reduces the length of the period of required active duty reserves to qualify for such payments. Amends FUTA to allow optional unemployment benefits for certain school employees, by making denial of such benefits discretionary rather than mandatory. Amends FUTA with respect to the treatment of certain determinations with respect to claims for unemployment compensation benefits under State law. Amends FUTA to require State agencies administering unemployment compensation to approve any training program involving classroom training, occupational skill training, basic or remedial education, or literacy or remedial English training, in the case of any individual who has received compensation under State law for ten weeks or more during the benefit year (thus allowing such individual to receive such compensation while participating in such training). Title III: Demonstration Program to Provide Job Search Assistance - Directs the Secretary to carry out a demonstration program to determine the feasibility of implementing job search assistance programs. Requires selection of three States to participate in such program, based on specified criteria. Requires that at least one of these States will replicate a prior successful demonstration project for job search assistance. Sets forth requirements for the program agreement with these States. Requires a job search assistance program, for purposes of this title, to: (1) require certain unemployment compensation recipients to participate in a qualified intensive job search program (the program) after receiving such compensation for ten weeks during any benefit year; (2) entitle such individuals to an intensive job search program voucher; and (3) disqualify those who do not satisfactorily participate in such program from receiving such compensation for a specified period. Makes such program requirements applicable to such recipients if, during a specified three-year period, they had at least 126 weeks of employment at wages of $30 or more a week with their last employer (or an equivalent amount computed under prescribed regulations). Sets forth exceptions to such program requirements and program qualifications. Provides that such vouchers entitle the organization (including the State employment service) providing the program to a payment from the State agency equal to the lesser of: (1) the reasonable costs of providing the program; or (2) the average weekly benefit amount in the State. Requires Federal payments from the supplemental compensation account to each participating State's account in the Unemployment Trust Fund in an amount equal to the payments made by the State agency for such program vouchers. Provides for payments on a calendar month basis, and for certification by the Secretary. Directs the Secretary to submit two interim reports and a final report to the Congress on the demonstraton program under this title. Title IV: Financing Reforms - Amends the Social Security Act (SSA) to provide for transfers of income taxes on unemployment benefits to the Unemployment Trust Fund. Modifies provisions for Federal unemployment accounts. Provides for an increase in quarterly credits for States with adequate balances. Provides for appropriate adjustments in transfers to the Federal unemployment account. Raises a ceiling on the supplemental compensation account. Provides for borrowing between Federal accounts, under specified circumstances, with respect to: (1) the employment security administration account; (2) the Federal unemployment account; or (3) supplemental compensation and reemployment assistance account. Directs the Secretary, within 12 months, to report to the Congress a proposal for revising the method of allocating grants among the States for administration of the unemployment insurance program. Prohibits the Secretary from revising such method until 12 months after such report is submitted to the Congress. Amends the SSA to establish an Advisory Council on Unemployment Compensation. Directs the Secretary to establish such a council by December 31, 1991, and every fifth year thereafter. Requires each such council to evaluate the unemployment compensation program. Sets forth membership and staff provisions. Requires each council to report to the Congress by October 1 of the year following the year in which is required to be established. Terminates each council after it submits its report. Title V: Budget Compliance Provisions - Subtitle A: Congressional Designation of Emergency - Designates the provisions of (and amendments made by) this Act as emergency requirements, pursuant to specified provisions of the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Subtitle B: Effect of Failure of President to Designate Emergency - Declares that specified provisions of this subtitle shall take effect only if the President does not, on the date of enactment, designate the provisions of (and amendments made by) this Act as emergency requirements under the Balanced Budget and Emergency Deficit Control Act of 1965. Amends Federal Unemployment Tax Act (FUTA) provisions of the Internal Revenue Code relating to the rate of the Federal unemployment tax. Modifies the formula for determining such rate to make such FUTA excise tax on employers equal to: (1) five and four-tenths percent of the total wages paid during the calendar year with respect to employment; and (2) a specified percentage of the total Federal taxable wages paid during the calendar year with respect to employment. (Provides that such percentage shall be lowered as it is phased-in, from 0.4 percent in 1993 to 0.2 percent in 1997 and thereafter.) Makes conforming modifications to credit provisions and tax computation provisions. Sets forth the applicable cost estimate of this Act for FY 1991 through 1995 for purposes of the Balanced Budget and Emergency Deficit Control Act of 1985. Provides, notwithstanding such cost estimate, for budgetary treatment under pay-as-you-go procedures. Sets forth findings relating to such treatment. Subtitle C: Additional Provisions - Exempts Federal supplemental compensation program payments under title I of this Act from any sequestration order issued under the Balanced Budget and Emergency Deficit Control Act of 1985 for FY 1992 or any succeeding fiscal year.
United States · United States Congress · 25 July 1991
Coal Field Water Protection and Replacement Act - Amends the Surface Mining Control and Reclamation Act to: (1) modify the requirements relating to water resources protection during coal mining operations; (2) impose criminal penalties upon any representative of a State regulatory authority who fails to implement enforcement duties; (3) include water resources within the purview of requisite performance bonds; and (4) enhance water rights and replacement procedures. Sets forth the criteria under which a State may assume exclusive regulatory jurisdiction over surface coal mining operations.
United States · United States Congress · 23 July 1991
Augustus F. Hawkins Medical Assistance Act of 1991 - Amends part B (Strengthening Historically Black Colleges and Universities) of title III (Institutional Aid) of the Higher Education Act of 1965 to add provisions for an assistance program for medical and health profession training institutes to conduct education and research to improve the health and education development of residents within underserved and economically disadvantaged communities. Directs the Secretary of Education to award such program grants to institutions of higher education that are making a substantial contribution to the medical education and training opportunities for individuals from minority groups who are underrepresented in medical or allied health professions. Sets forth requirements relating to grant size, duration, matching funds, applications, and authorized uses of funds. Authorizes appropriations for FY 1992 through 1996 for such program.
United States · United States Congress · 17 July 1991
Lead-Based Paint Hazard Abatement Act - Title I: Abatement of Lead-Based Paint Hazards - Amends the Public Health Service Act to establish a program of formula allotments to States and city and urban entities for abatement of lead-based paint hazards. Sets requirements for annually increasing matching funds. Describes grant purposes, including inspection of residential and child day-care structures for lead hazards, removal of hazards, housing for displaced occupants, and counseling on lead poisoning. Allows grant abatement expenditures only if the income of a residential structure's occupants is 80 percent or less of the median income of the geographic area; or, for other eligible structures, only if a public health service agency has determined the structure is a significant-hazard structure. Prescribes rulemaking procedures for the issuance of program standards, requiring the use of specified regulations of the State of Massachusetts if a final rule is not issued within one year. Requires the establishment of an advisory council to supply advice on the administration of the program. Sets forth additional standards regarding authorized grant activities, planning requirements, annual reports, and allotment reallocations. Title II: Lead Abatement Trust Fund - Amends the Internal Revenue Code to impose a tax on lead removed from any U.S. smelter and imported lead and lead products of 75 cents per pound for primary lead and 37 cents per pound for secondary lead. Terminates the tax after ten years. Establishes the Lead Abatement Trust Fund in the Treasury. Title III: General Provisions - Sets forth the effective dates for the formula grants and the imposition of the excise tax.
United States · United States Congress · 17 July 1991
Amends the Higher Education Act of 1965 to establish the Teacher Opportunity Corps (TOC) program, to encourage institutions of higher education to offer educational programs and financial assistance to enable paraprofessionals working in shortage area schools serving disadvantaged students to become certified teachers. Directs the Secretary of Education (the Secretary) to allocate TOC program grant funds to States according to the same formula under which States receive chapter 1 funding (i.e. funding for education of disadvantaged children under chapter 1 of title I of the Elementary and Secondary Education Act of 1965). Sets forth a minimum State allotment. Requires TOC grant program agreements to include provisions for administration and recordkeeping by the State education or higher education agency. Authorizes the Secretary to make grants to States to support TOC programs at institutions of higher education. Sets forth State grant application requirements and general criteria for State grants, including: (1) involvement of institutions of higher education and shortage area schools or school districts; (2) full credit of education program courses to a baccalaureate program leading to teacher certification; and (3) a program evaluation system. Requires any paraprofessional who receives student financial assistance under the TOC program to agree to act as a paraprofessional in a shortage area school for at least one year for each year of such assistance, within ten years after completing the postsecondary education. Requires repayment of all or part of such such assistance, plus interest and reasonable collection costs, if the recipient fails to comply with such service requirement, except under specified circumstances. Requires that such student financial assistance supplement, but not supplant, other Federal or State assistance for which the student would otherwise qualify. Requires TOC program grants to be for a term of at least five years, subject to availability of appropriations. Allows States to use TOC program funds for: (1) student financial assistance to paraprofessionals to pay part or all of costs of attendance (including child care) in postsecondary education programs required for teacher certification; and (2) supportive services for such paraprofessionals during participation in such programs. Authorizes appropriations for FY 1993 through 1997 for the TOC program.
United States · United States Congress · 17 July 1991
Technical Education and Training Act of 1991 - Requires the Director of the National Science Foundation (NSF) to carry out an advanced technical education and training program under which accredited associate-degree-granting colleges, using matching non-Federal funds, provide training in technical competencies in strategic fields, with emphasis on collaborative programs with local employers and on attracting nontraditional students seeking to upgrade skills, recent high school graduates, and high school dropouts. Sets forth program elements, including: (1) model instructional programs in state-of-the-art competencies in advanced-technology occupations; (2) faculty development in laser technology, robotics, fiber optics, electronics, and other advanced technologies; and (3) private sector participation and provision of work experience opportunities. Requires the Director to: (1) award competitive grants to associate-degree-granting colleges; and (2) establish an inventory of advanced technical education and training programs. Requires the appointment of a National Advisory Council on Advanced Technical Education and Training to ensure the program is consistent with the needs of industries and provide other advice and evaluations. Requires an annual report from the Council to the NSF and the Congress. Requires the program to give emphasis to training to accommodate working people, parents, and the handicapped. Requires the designation of ten centers of excellence among associate-degree-granting colleges to serve as national and regional clearinghouses for educational institutions striving to upgrade their technical education programs and mathematics and science courses. Requires the Director to make: (1) no fewer than 20 grants annually to associate-degree-granting colleges to develop partnerships in mathematics and science education with secondary schools in the community; and (2) grants for partnerships with four-year academic institutions to enable students to achieve bachelor degrees in mathematics, science, engineering, or technology.
United States · United States Congress · 17 July 1991
California Desert Protection Act of 1991 - Title I: Wilderness Additions - Designates as additions to the National Wilderness Preservation System 77 wilderness areas within the California Desert Conservation Area (CDCA), the Yuma District, and the Bakerfield District of the Bureau of Land Management. Permits grazing in such areas. Prohibits the approval of any plan of operation prior to determining the validity of unpatented mining claims, mill sites, and tunnel sites affected by plans in such areas. States that non-designated areas within the CDCA have been adequately studied for inclusion in the System and releases them from otherwise applicable restrictions. Designates certain lands within the CDCA as the White Mountains Wilderness Study Area. Title II: Death Valley National Park - Establishes the Death Valley National Historic Park which subsumes the Death Valley National Monument. Withdraws the additional lands from further exploitation under the mining laws. Requires the Secretary of the Interior (the Secretary) to determine the validity of any unpatented mining claims, mill sites, and tunnel sites within such additional lands and whether the United States should acquire any mineral rights in such lands. Preserves grazing privileges on such lands for persons holding permits as of July 1, 1991. Terminates all grazing on July 1, 2016. Title III: Joshua Tree National Park - Establishes the Joshua Tree National Park which subsumes the Joshua Tree National Monument. Withdraws the additional lands from further exploitation under the mining laws. Requires the Secretary to determine the validity of any unpatented mining claims, mill sites, and tunnel sites within such additional lands and whether the United States should acquire any mineral rights in such lands. Continues the validity of certain rights-of-way of the Metropolitan Water District. Title IV: Mojave National Park - Establishes the Mojave National Monument which subsumes the East Mojave National Scenic Area. Withdraws Federal lands within the Monument from further exploitation under the mining laws. Requires the Secretary to determine the validity of any unpatented mining claims, mill sites, and tunnel sites within the Monument and whether the United States should acquire any mineral rights in such lands. Authorizes the Secretary to regulate mining in such Monument. Preserves grazing privileges on such lands for persons holding permits as of July 1, 1991. Terminates all grazing on July 1, 2016. Continues the validity of existing rights-of-way for specified activities. Directs the Secretary to submit a management plan for the Monument to the Senate Committee on Energy and Natural Resources and the House Committee on Interior and Insular Affairs. Designates the Granite Mountains Natural Reserve within the Monument. Authorizes the Secretary to construct a visitors' center and acquire lands. Title V: National Park Wilderness - Designates as wilderness the Death Valley National Park Wilderness, the Joshua Tree National Park Wilderness Additions, and the Mojave National Monument Wilderness. Title VI: Miscellaneous Provisions - Directs the Secretary to transfer Red Rock Canyon State Park Additions in the CDCA to California. Establishes the Desert Lily Sanctuary within the CDCA. Prohibits the Secretary and the Secretary of Agriculture from: (1) disposing of lands within the boundaries of any wilderness, park, or monument designated by this Act; (2) granting rights-of-way in lands within designated wilderness; and (3) making lands within such boundaries available for use by the Metropolitan Water District. Requires the Secretary to transfer certain Federal lands selected by the California State Lands Commission upon transfer to the United States of State school lands of equivalent value that are included in areas designated as wilderness and national parks under titles I through IV of this Act. Sets forth procedures for establishing fair market value. Creates the California Desert State Lands Credit Account in the event that the value of selected Federal lands is less than that of transferred State lands. Authorizes the Secretary to exchange Federal mineral interests in lands in California for private mineral interests in wilderness areas and national parks designated by this Act. Directs the Secretary to insure nonexclusive access to the wilderness areas, parks, and monument designated by this Act for traditional Indian cultural and religious purposes. Reserves Federal water rights for wilderness areas designated by this Act. Authorizes appropriations. Title VII: Definitions - Sets forth specified definitions.
United States · United States Congress · 17 July 1991
Provides that reimbursement for certain travel expenses related to relocation of Federal employees shall apply to all stations within the United States.
United States · United States Congress · 16 July 1991
Directs the Board of Governors of the Federal Reserve System and the Federal Deposit Insurance Corporation to establish minimum requirements for accounts providing basic consumer depository services in order for such accounts to qualify as lifeline accounts. Provides assessment credits for qualifying depository institution activities in distressed communities. Establishes the Community Enterprise Assessment Credit Board. Authorizes a depository institution located in a distressed community to sell insurance under specified conditions.
United States · United States Congress · 16 July 1991
Authorizes the Secretary of Veterans Affairs to conduct a five-year pilot program to demonstrate the cost-effectiveness and advantages of furnishing care to elderly veterans in nursing homes in order to treat and reactivate or maintain day-to-day living functions in those veterans. Authorizes the Secretary to set a daily rate of reimbursement for such care. Authorizes appropriations for five fiscal years for increased costs of reimbursement of non-Department of Veterans Affairs nursing homes under such program. Requires the Secretary to submit interim and final reports to the Congress concerning the effectiveness of the pilot program.
United States · United States Congress · 11 July 1991
Access to Life-Saving Therapies Act - Amends the Federal Food, Drug, and Cosmetic Act to direct the Secretary of Health and Human Services, through the Food and Drug Administration, to approve, at the request of the sponsor and on an expedited basis, a drug or biologic needed to treat or prevent a life threatening disease or seriously debilitating illness if the drug or biologic meets certain conditions, including some indications of effectiveness and safety and a lack of alternative satisfactory therapy. Deems an application under the amendments made by this Act approved unless other action is taken within 120 days. Prohibits any health insurance policy or plan from distinguishing, for the purpose of determining whether a drug is eligible for coverage or reimbursement, between a drug approved under the amendments made by this Act and one approved under specified other provisions of the Public Health Service Act. Mandates suspension of approval under the amendments made by this Act if at least two subsequent studies fail to confirm the initial safety and efficacy conclusions. Requires written informed consent for administration of a drug approved under amendments made by this Act.
United States · United States Congress · 11 July 1991
Community Right-To-Know More Act of 1991 - Amends the Solid Waste Disposal Act to revise congressional findings, objectives, and national policy provisions. Title I: Expansion of Toxics Release Inventory - Requires owners or operators of facilities subject to toxic chemical release requirements under the Emergency Planning and Community Right-To-Know Act of 1986 that meet threshold requirements under this Act to include supplemental information comparable to that required in toxic chemical release forms for transfers or releases of chemicals that are: (1) priority pollutants relating to steam electric power point source pollutants under the Federal Water Pollution Control Act; (2) specified hazardous wastes listed under the Solid Waste Disposal Act; (3) specified chemicals listed under the Clean Air Act; (4) pesticides with respect to which the registration has been denied, cancelled, or is under suspension or pesticides undergoing administrative review or that are classified for restricted use; (5) chemicals listed under the Safe Drinking Water Act for which maximum contaminant levels have been proposed; (6) chemicals identified as carcinogens by the Carcinogen Assessment Group of the Environmental Protection Agency (EPA), the International Agency for Research on Cancer, or the National Toxicology Program; (7) extremely hazardous substances listed pursuant to the Emergency Planning and Community Right-To-Know Act of 1986; (8) chemicals listed in 90 California Regulatory Notice Register 990 as reproductive toxins; or (9) listed under the Emergency Planning and Community Right-To-Know Act of 1986 that are not used at a level that meets threshold requirements for reporting but are released to the environment or transferred to an offsite waste management facility in amounts meeting the threshold under this Act. Provides that a facility meets the threshold requirements with respect to a chemical listed under this Act if the facility: (1) uses the chemical at a level that meets the threshold requirement for reporting under the Emergency Planning and Community Right-To-Know Act of 1986; or (2) releases to the environment or transfers to an offsite waste management facility a chemical in an amount greater than or equal to 100 pounds annually in the case of metals or metal compounds or 2,000 pounds annually for any other chemical. Authorizes the EPA Administrator to establish lower thresholds for any chemical, user segment, or facility. Permits authorized States to establish lower thresholds for facilities in their jurisdictions. Authorizes the Administrator to delete a carcinogen or reproductive toxin from the list under this Act if it is not otherwise listed under this Act or the Emergency Planning and Community Right-To-Know Act of 1986. Applies toxic chemical release reporting requirements to facilities employing at least ten full-time employees that are not currently subject to such requirements, but meet threshold reporting requirements under this Act or the Emergency Planning and Community Right-To-Know Act of 1986. Title II: Toxics Use Reduction - Requires owners or operators of covered facilities to submit: (1) annual toxics use reduction reports for each covered chemical for which such facilities are required to file toxic chemical release forms or supplemental information pursuant to title I; and (2) annual plans for reducing the use of covered chemicals. Sets forth report and plan requirements and submission deadlines. Authorizes the Administrator to modify such plans. Requires the Administrator to establish an advisory board to determine a professional code of practice for toxics use reduction materials accounting and planning. Directs owners or operators of facilities in violation of standards, permit conditions, or regulations pertaining to the management or release of covered chemicals, upon the request of 50 citizens or employees, to establish a workplace toxic use reduction committee to provide ongoing dialogue and appraisal of the progress toward pollution prevention. Requires the committee to meet at least quarterly to review a facility's progress on toxics use reduction. Directs the Administrator to implement a strategy to promote toxics use reduction. Requires the Administrator, Federal agencies, and States or political subdivisions, in issuing or approving regulatory action under specified environmental, consumer protection, occupational health and safety, and energy Acts, to make toxics use reduction an integral part of the planning, decisionmaking, and rulemaking process. Authorizes the Administrator to require owners or operators of facilities to provide records and information and grants the Administrator access to records, products, or raw materials. Requires the Administrator to establish a technical assistance and research program to promote and study toxics use reduction. Directs the Administrator to analyze information on production units reported by facilities for purposes of classifying such units into groups that use similar production processes and covered chemicals. Authorizes the Administrator to classify such units into groups on the basis of industrial categories according to Standard Industrial Classification codes. Requires the Administrator to: (1) classify ten groups, to be referred to as user segments; (2) evaluate the reduction in the use and generation of covered chemicals by each production unit in each user segment; and (3) prepare and make available to the public an annual percentile ranking of each unit according to use and generation as byproduct. Authorizes the Administrator to promulgate regulations to establish minimum toxics use reduction performance requirements for production units in user segments. Sets forth regulation requirements. Applies provisions of the Emergency Planning and Community Right-To-Know Act of 1986 concerning trade secrets, the provision of information to health professionals, and public availability of information to toxics information under this Act. Waives Federal facility compliance with toxics use reduction and reporting requirements upon the request of the Secretary of Defense and the President's determination that such waiver is in the interest of national security. Directs the Administrator to study and report to the appropriate congressional committees on methods of encouraging the reporting of toxics information through the use of computer telecommunication and other means. Requires the Director of the Office of Technology Assessment to study and report to the Administrator and the Congress on the provision to the public of toxic release inventory information and related information required to be submitted to the Administrator. Prescribes civil and administrative penalties for violations of toxics use reduction and reporting requirements. Sets forth provisions concering civil actions with respect to such violations. Requires the Administrator to establish a grant program to assist States and local governments in establishing innovative toxics use reduction programs. Directs States to make 75 percent of a grant available to local governments for carrying out toxics use reduction. Bases the awarding of grants on the extent to which chemical substances are manufactured, processed, used, and disposed of in a State, the extent of exposure to such substances in a State, and the population density of a State. Authorizes appropriations for such grants and for toxics use reduction under this Act. Requires the Administrator to: (1) implement a procurement policy that reduces, avoids, or eliminates the acquisition of agency procurement items made with or containing covered chemicals and hazardous secondary materials; and (2) make recommendations to the Congress for a national toxics use reduction procurement policy covering all procuring agencies, Federal facilities, and government contractors. Amends the Pollution Prevention Act of 1990 to increase the amounts authorized to be appropriated for functions under such Act and to increase and extend the authorization of appropriations for technical assistance grants to States. Title III: Waste Stream Reporting - Amends the Solid Waste Disposal Act to revise recordkeeping and reporting requirements for hazardous waste generators. Directs hazardous waste generators to report annually to the Administrator and authorized State agencies on the quantity of hazardous waste generated from each catastrophic event, remedial action, or one-time event not associated with production processes. Sets forth reporting requirements for generators of solid waste in amounts in excess of 11,000 pounds a month and for facilities managing solid and certain special wastes generated by fossil fuels combustion, mining, and activities involving cement kilns. Reqiures the Administrator to: (1) maintain publicly accessible databases for hazardous, solid, and special waste stream data reported under this Act; (2) make the data accessible on a cost reimbursable basis; and (3) report to the Congress on links between EPA databases and changes that would facilitate links between all major EPA operations.
United States · United States Congress · 10 July 1991
Amends part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services to determine whether an individual entitled to benefits under part A (Hospital Insurance) meets the requirements for status as a qualified Medicare beneficiary under the Medicaid program (title XIX of the Social Security Act).
United States · United States Congress · 27 June 1991
Rural Schools of America (RSA) Act of 1991 - Title I: Rural School Improvement - Authorizes appropriations for this title. Directs the Secretary of Education (the Secretary) to reserve five percent of specified funds for competitive grant awards to exemplary school programs. Directs the Secretary to allot, from remaining amounts, to each eligible local educational agency (LEA) with an approved application an amount based on that LEA's relative allocation under certain provisions of the Elementary and Secondary Education Act of 1965 for education of disadvantaged children (ESEA title I chapter 1). Provides for annual payments to eligible LEAs with approved applications if they comply with certain data collection requirements to monitor progress toward meeting national education goals, and demonstrate such progress. Requires each such LEA to reserve up to five percent of its allotment to make as many grants as practicable, for authorized activities, to community-based organizations or nonprofit partnerships between the LEA and an area-wide collaborative of private sector businesses. Sets limits on the time and the amount of funds to be used for planning purposes. Requires LEAs to use funds under this title to meet national education goals through programs designed to: (1) increase the academic achievement of rural school children to at least the national average; (2) prepare all rural children for school; (3) increase the graduation rates of rural students to at least the national average; (4) prepare rural school graduates to enter higher education, pursue careers, and exercise their responsibilities as citizens; (5) recruit and retain qualified teachers; and (6) decrease the use of drugs and alcohol by rural students, and enhance their physical and emotional health. Sets forth program accountability requirements: (1) in general, for initial grants, renewal grants, and renewal of school participation; (2) for achievement, including demonstration of improvement; and (3) for data collection certification and to monitor progress in achieving national education goals. Authorizes the Secretary to make, from reserved funds, competitive incentive awards to individual schools participating in projects assisted under this title that demonstrate exemplary progress in meeting specified program requirements. Directs the Secretary, by January 1, 1993, to report on the impact of Federal regulations, guidelines, and policies on rural public schools. Requires LEAs desiring to receive an allotment under this Act to establish a local advisory group to: (1) advise on design and conduct of a needs assessment for participating schools; (2) assist in planning for community-wide collaboration in service delivery for youths in participating schools; (3) advise the LEA and the community on how they can work together to use multiple service providers; and (4) advise and assist program implementation and review program evaluation; (5) review and approve community-based organizations' applications; (6) advise on strategies for increasing parental involvement and the number of school volunteers and role models; and (7) review community-based programs' progress or national education goals. Allows use of a comparable existing local advisory group to comply with such requirement. Sets forth special rules relating to ranking of schools to determine relative need, in general, on the basis of achievement, poverty, and racial isolation. Requires each LEA receiving a grant to serve between ten and 20 percent of its schools. Requires eligible LEAs to have flexibility to serve homeless children, desegregating students, immigrants, migrants, or other highly mobile populations, within the program assisted under this title. Deems any approved program for any school served under certain ESEA title I chapter 1 provisions to be sufficient to meet the application and program accountability requirements of this title. Title II: School Building Repair and Renovation - Authorizes appropriations to assist eligible LEAs in repairing and renovating instructional facilities in rural schools. Directs the Secretary to make allotments to State educational agencies based on relative allocations to LEAs under ESEA title I chapter 1. Directs each SEA after after being allowed to reserve one percent of such funds for administrative expenses, to allot the remainder to eligible LEAs, which shall use half of such allotment for programs for school building repair and renovation, and half for programs for school environmental concerns and safety improvements. (Authorizes the SEA to waive such 50 percent division in certain cases.) Directs the SEA to allocate such funds on the basis of the number of: (1) children from families below the poverty line; (2) school buildings used for instructional purposes; and (3) school buildings more than 25 years old used for instructional purposes. Limits the period covered by a grant application to three years, and requires annual review. Lists types of programs eligible LEAs must conduct with their allotments for: (1) repair and renovation of school buildings; and (2) improvements related to environmental concerns and safety. Title III: Evaluation of Results - Subtitle A: Assistant Secretary - Amends the Department of Education Organization Act to establish an Assistant Secretary for Rural Education in the Department of Education. Subtitle B: Rural School Research and Evaluation - Authorizes appropriations to carry out this subtitle. Directs the Secretary to establish for each region a National Rural Regional Education Research Center (Center), to be operated by the appropriate regional educational laboratory. Requires each Center to: (1) conduct independent research in rural education and distance learning technologies; (2) evaluate progress toward the national education goals of rural schools receivng funds under title I of this Act; (3) be rural education clearinghouses for research findings, policies, and practices; (4) develop measurements of rural schools' progress; (5) disseminate evaluation and research results to other centers and rural school districts and parents; (6) arrange collaboration and consortia among rural schools in the region for joint research and evaluation; (7) replicate successful models and program approaches; (8) provide technical assistance and outreach services for schools; (9) provide staff training; and (10) develop curricula to assist rural schools in moving toward meeting the national education goals. Requires each Center to reserve 25 percent of funds received under this subtitle for direct grants to rural eligible LEAs within its region, which are participating in a program assisted under title I of this Act, to conduct local school district research and evaluation of efforts toward meeting the national education goals. Title IV: General Provisions - Establishes the Interagency Council on Rural Schools to: (1) review Federal programs to determine effects on and rural schools' ability to meet national education goals; (2) track school progress toward and such goals; (3) solicit advice and information for rural education experts and rural school representatives on improvement of Federal programs; (4) review Federal regulations for duplication or contradiction; (5) report annually to the Congress and the President on rural school progress; (6) review and recommend improvement for streamlining of Federal data collection in rural schools; and (7) conduct research to help rural school practitioners improve school performance. Directs the President to conduct a White House Conference on Rural Education before October 30, 1994. Requires the Conference to: (1) develop recommendations and strategies for improving rural education; (2) marshal the forces of the private sector, governmental agencies at all levels, parents, teachers, communities, and education officials to assist rural schools in meeting national goals; and (3) conduct initial planning for a permanent national advisory commission on rural education. Requires reports to the President. Authorizes appropriations for such Conference. Establishes the Carl D. Perkins National Commission on Rural Education (the Commission). Directs the Commission to: (1) study specified issues relating to rural schools; and (2) report, and recommend changes in Federal legislation, to the President and appropriate congressional committees. Terminates the Commission three years after its first meeting. Authorizes appropriations for the Commission. Requires eligible LEAs to use Federal funds received under this Act only to supplement but not supplant non-Federal funds.
United States · United States Congress · 26 June 1991
Religious Freedom Restoration Act of 1991 - Prohibits any agency, department, or official of the United States or any State (the government) from burdening a person's exercise of religion even if the burden results from a rule of general applicability, except that the government may burden a person's exercise of religion only if it demonstrates that application of the burden to the person: (1) is essential to further a compelling governmental interest; and (2) is the least restrictive means of furthering that compelling governmental interest. Sets forth provisions pertaining to judicial relief, attorney's fees, and applicability.
United States · United States Congress · 26 June 1991
Amends the Employee Retirement Income Security Act of 1974 (ERISA) to provide that title I (Protection of Employee Benefit Rights) does not preempt any State law which provides for: (1) the payment of prevailing wages; or (2) standards or other requirements relating to apprenticeship or other training programs.
United States · United States Congress · 26 June 1991
Community Economic Adjustment Funding Act of 1991 - Requires payments to counties by defense contractors that change the place of performance of defense contracts away from such counties. Requires a defense contractor to make such a payment equal to ten percent of the value of all Department of Defense (DOD) contracts held by it and performed at a plant or facility on the day before the contractor makes any change in the place of contract performance that results in the closing of, or severe curtailment of operations at, such plant or facility. Exempts the contractor from such a payment if the Secretary of Labor determines that the change is the direct result of the cancellation or termination of such contractor or the failure of the DOD to proceed with a previously approved major defense acquisition program. Directs the Secretary of Labor to make community economic adjustment grants to counties adversely affected by terminations or layoffs of employees at military bases or facities of defense contractors as a result of reductions in DOD spending, base closures or realignments, cancellation or termination of a DOD contract, or the failure to proceed with a previously approved major defense acquisition program. Sets forth requirements for such grant amounts, uses, and applications, and deadlines for consideration of such applications. Authorizes appropriations for such grants for a fiscal year in amounts equal to: (1) 20 percent of the value in the immediately preceding fiscal year of the payroll of employees terminated or laid off in the United States as a result of the described actions; and (2) ten percent of such value in the second preceding fiscal year.
United States · United States Congress · 25 June 1991
Nuclear Proliferation Prevention Act of 1991 - Amends the Atomic Energy Act of 1954 to restrict the export of nuclear weapon items to a non-nuclear weapon state, unless: (1) such state maintains International Atomic Energy Agency (IAEA) safeguards on all its peaceful nuclear activities; and (2) the the export, retransfer, or activity is under the terms of an agreement for cooperation. Prohibits the Nuclear Regulatory Commission from issuing any license for the export of highly enriched uranium. Directs the President to undertake negotiations with foreign nations which participate in the Nuclear Suppliers Group to establish specified multilateral nuclear non-proliferation controls. Sets forth sanctions for violations of this Act. Amends the Nuclear Non-Proliferation Act of 1978 to require the United States to enter into negotiations with other nations and groups of nations to improve the effectiveness of the safeguards of the IAEA.
United States · United States Congress · 24 June 1991
United States Savings Bond Availability Act of 1991 - Requires the Secretary of the Treasury to make an adequate supply of United States Savings Bonds available to an issuing agent for immediate, over-the-counter delivery to the public at the point of purchase.
United States · United States Congress · 18 June 1991
Postal Service Voter Registration Facilitation Act of 1991 - Directs the Postal Service to provide voter registration forms whenever change-of-address forms are provided to postal patrons. Declares that the Postal Service shall not be obligated to provide voter registration forms in any State whose voter registration authority has not provided voter registration forms to the Postal Service. Directs the Postal Service to notify State voter registration authorities of this Act's enactment and mail a copy of it to such authorities.
United States · United States Congress · 18 June 1991
Postal Service Voter Registration Facilitation Act of 1991 - Directs the U.S. Postal Service to make space available in post offices for State voter registration authorities to place voter registration forms and materials. Directs the U.S. Postal Service to notify State voter registration authorities of this Act's enactment and mail a copy of it to such authorities.
United States · United States Congress · 13 June 1991
Contraception and Infertility Research Centers Act of 1991 - Amends the Public Health Service Act to require the Director of the Institute of Child Health and Human Development to make grants or enter into contracts for centers for improving methods of contraception and centers for diagnosing and treating infertility. Requires the Director, subject to appropriations, to provide for three centers with respect to contraception and two centers with respect to infertility. Requires each center to: (1) conduct clinical and other applied research; (2) develop training protocols for and conduct training of physicians, scientists, nurses, and other health and allied health professionals; (3) develop model continuing education programs; and (4) disseminate information to professionals. Allows a center to use the funds to provide: (1) stipends for health and allied health professionals enrolled in the training programs; and (2) fees to individuals serving as subjects in the clinical trials. Requires each center to use the facilities of a single institution, or be formed from a consortium of cooperating institutions, meeting requirements as prescribed by the Secretary of Health and Human Services. Allows support for a center to be for a period of up to five years, with extensions of one or more periods of up to five years if the center's operations have been reviewed by a peer review group and the group has so recommended. Authorizes appropriations. Amends the Public Health Service Act to direct the Secretary to establish a program of entering into agreements with health professionals, including graduate students, under which the professionals agree to conduct research with respect to contraception or infertility in consideration of the Government agreeing to repay, for each year of such service, not more than a specified amount of the principal and interest of their educational loans. Applies provisions of the National Health Service Corps Loan Repayment Program to this program, except as inconsistent. Authorizes appropriations. Requires amounts appropriated to remain available until the end of the second fiscal year after they are appropriated.
United States · United States Congress · 13 June 1991
Declares that the Congress should: (1) establish a program of research for the development of methods of contraception and methods of diagnosing and treating infertility; (2) provide adequate long-term resources for the program; (3) ensure that Federal programs with respect to sexually transmitted diseases adequately respond to the role of such diseases in infertility; (4) ensure public education on contraception and infertility; (5) establish as Federal goals the development, by the year 2010, of improved barrier methods to protect against pregnancy and diseases, new methods of contraception for use by men, a vaccine-like drug for women that prevents pregnancy for a significant period of time without other specified effects, and new and improved techniques of diagnosing and treating infertility; (6) require the Secretary of Health and Human Services to reestablish the Ethical Advisory Board in order to facilitate research with respect to infertility; (7) review the policies and procedures of the Food and Drug Administration with respect to expediting approval of drugs and devices for use by the public, especially with respect to contraception and infertility; and (8) determine to what extent measures can be implemented by public or private entities to resolve liability issues involved with drugs and devices concerned with contraception and infertility.