United States · United States Congress · 2 August 1991
Grants the consent of the Congress for States to enter into agreements with foreign governments relating to the recognition and enforcement of court-ordered spousal or child support maintenance obligations. Expresses the sense of the Congress that: (1) the Secretary of State should examine specified international conventions relating to such obligations to determine whether they are appropriate for ratification by the United States; and (2) the President should submit any appropriate convention to the Senate for ratification.
United States · United States Congress · 2 August 1991
Presidential Commission on Insurance Act of 1991 - Establishes the Presidential Commission on Insurance to study and report to the President and the Congress about specified aspects of the insurance industry. Terminates the Commission after submission of its report. Authorizes appropriations.
United States · United States Congress · 2 August 1991
Semiconductor Investment Act of 1991 - Amends the Internal Revenue Code to classify the depreciable life for semiconductor manufacturing equipment as three-year property.
United States · United States Congress · 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 · 31 July 1991
Amends the Internal Revenue Code to exempt services performed by full-time students for organized seasonal children's camps from social security taxes.
United States · United States Congress · 31 July 1991
Establishes a Joint Committee on the Organization of the Congress to: (1) make a full and complete study of the organization and operation of the Congress; and (2) recommend improvements in such organization and operation with a view toward strengthening its effectiveness, simplifying its operations, improving its relationships with other branches of the Government, and improving the orderly consideration of legislation. Requires a report to the Senate and the House of Representatives not later than the adjournment sine die of the 102d Congress.
United States · United States Congress · 29 July 1991
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 · 25 July 1991
Condemns Syria's denial of Syrian Jews' right to travel freely and calls upon the Syrian Government to: (1) immediately grant Syrian Jews the right to travel freely without imposing a fee; and (2) release all Jewish prisoners who were charged or suspected of traveling illegally. Urges the President to encourage U.S. allies and trading partners to make similar pleas to the Syrian Government. Calls upon the United Nations to send an official delegation to Syria to investigate the present condition of Syrian Jews.
United States · United States Congress · 24 July 1991
Toxic Cleanup Equity and Acceleration Act of 1991 - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to absolve municipalities or other persons from liability to any person other than the United States for claims of contribution or other response costs or damages related to the generation or transportation, or arrangement for the transportation, treatment, or disposal of municipal solid waste or sewage sludge unless there is a basis for liability under provisions governing owners or operators. Prohibits the President from initiating or maintaining an action against any person (other than owners or operators) in the absence of exceptional circumstances. Provides that exceptional circumstances exist where the President obtains evidence that: (1) the release of hazardous substances on which liability is based is not that ordinarily found in municipal solid waste or sewage sludge and the hazardous substances were derived from a commercial, institutional, or industrial process or activity; (2) the total contribution to the site of hazardous substances from such activities is insignificant in terms of volume and toxicity when compared to the volume and toxicity of the municipal solid waste and sewage sludge; or (3) absent the contribution of such substances, the contribution of hazardous substances from the municipal solid waste and sewage sludge would be a significant cause of the release that will result in the response action. Authorizes the President, when the release involves trash from commercial, institutional, or industrial sources, to require persons handling such materials to provide evidence that the general composition and toxicity of the trash are similar to those of waste generated by households. Authorizes a municipality, whenever an administrative or judicial action is brought against the municipality for acts or omissions concerning the handling of municipal solid waste or sewage sludge, to request the President to settle the municipality's potential liability for response costs or damages to natural resources. Prohibits an action from being commenced or pursued during the period the President is considering the settlement request. Limits permissible reasons to fail to reach a settlement to one or more of the following: (1) the settlement offer from the municipality does not meet the cost allocation criteria; (2) the municipality refuses to agree to settlement terms required in consent decrees; or (3) insufficient information exists to permit a cost allocation. Provides that if the President completes a settlement with a party other than the municipality requesting a settlement, such settlement creates a rebuttable presumption that the President cannot invoke insufficient information as a reason for failing to settle with the municipality concerning matters addressed in the other party's settlement. Provides that settlements shall: (1) require the municipality to pay for costs based on the quantity of hazardous constituents in municipal solid waste and sewage sludge, subject to a certain condition; (2) limit a municipality's payments if such payments would force a municipality to dissolve, declare bankruptcy, or default on debt obligations; and (3) be reached even in the event that a municipality may be liable for response costs or damages in other actions. Requires the President to provide a covenant not to sue with respect to the facility concerned to any municipality which has entered into a settlement. Directs the President to prepare a nonbinding preliminary allocation of responsibility (based on the quantity of hazardous constituents in municipal solid waste and sewage sludge) upon the request of a municipality. Applies this Act to all administrative or judicial actions commenced before this Act's effective date, unless a final court judgement has been rendered or a court-approved settlement agreement has been reached.
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 · 10 July 1991
Social Security Trust Fund Integrity and Benefits Improvement Act of 1991 - Title I: Benefit Improvements - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to: (1) increase the amount of outside income which beneficiaries who have attained retirement age may earn without incurring a reduction in benefits; (2) increase survivors' benefits for those widows and widowers whose spouses died before they reached age 65; (3) repeal provisions which require that a widow or widower must have become disabled within seven years of their spouse's death or within seven years of the end of their eligibility for benefits as the surviving parent of a young child in order to be eligible for disability benefits; (4) raise the social security payroll tax exemption for State election officials and workers, and index the exempt amount beginning in 1993; and (5) increase the OASDI contribution and benefit base on a graduated basis beginning in 1992. Directs the Comptroller General to conduct a study and report to the Congress on the disability determination process and the appeals process applicable to disability determinations under the OASDI program and title XVI (Supplemental Security Income) (SSI) of the Social Security Act. Title II: Clarification of Budgetary Provisions - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to exclude the appropriations for the administration of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund from Federal budget deficit calculations and to exempt such appropriations from sequestration under such Act. Title III: Social Security Administration - Amends title VII (Administration) of the Social Security Act to establish the Social Security Administration as an independent executive agency. Transfers to the Administration all functions carried out by the Secretary of Health and Human Services pertaining to such programs.
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
World Cup USA 1994 Commemorative Coin Act - Directs the Secretary of the Treasury to issue a specified number of five-dollar gold coins, one-dollar silver coins, and half-dollar clad coins in commemoration of the 1994 World Cup and the unique appeal of soccer. Sets forth certain features of such coins and provides for their design, issuance, and sale. Requires that all sales include a surcharge of $35 per coin for the five-dollar coins, $7 per coin for the one-dollar coins, and $1 per coin for the half-dollar coins. Requires that all surcharges be paid to the Organizing Committee to organize and stage the 1994 World Cup. Requires that ten percent of such funds shall be made available through the U.S. Soccer Federation Foundation, Inc., for distribution to institutions for scholastic scholarships to qualified students.
United States · United States Congress · 24 June 1991
Amends the Internal Revenue Code to repeal the requirement that less than 30 percent of the gross income of a regulated investment company be derived from the sale or disposition of any of the following which were held for less than three months: (1) stocks or securities; (2) options, futures, or forward contracts (other than those on foreign currencies); or (3) certain foreign currencies. Requires a broker to include on an information return with respect to gross proceeds from any disposition of stock in an open-end regulated investment company: (1) the basis of the stock disposed of; and (2) the portion of gross proceeds attributable to stock held for more than one year and the portion not so attributable (using a first-in, first-out basis). Defines an open-end regulated investment company as one which offers for sale or has outstanding any redeemable security of which it is the issuer. Sets forth special rules for determining the basis of stock in such companies. Disregards amounts included in gross income by reason of any expense reimbursement received by a regulated investment company for purposes of the requirement that at least 90 percent of its income be derived from investments.
United States · United States Congress · 19 June 1991
Older Women's Breast Cancer Prevention Act of 1991 - Amends title XVIII (Medicare) of the Social Security Act to: (1) repeal the limit on payment amounts for screening mammography under part B (Supplementary Medical Insurance) of the Medicare program; and (2) permit payment under such part to the physician who supervises such procedure but does not interpret its results.
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
Amends the Internal Revenue Code to establish requirements for notifying charitable beneficiaries of charitable remainder trusts of their interests in such trusts, including copies of the pertinent parts of an estate tax return on which a charitable deduction is claimed. Establishes penalties if such notices are not filed. Requires each charitable remainder trust to which a contribution was deductible for Federal income, estate or gift tax purposes to file an annual information return on its financial condition, transactions, fiduciaries, beneficiaries, and other information necessary for the Internal Revenue Service (IRS) and beneficiaries to be adequately informed of its affairs. Expresses the sense of the Congress that the IRS undertake and maintain an audit program of all split-interest trusts whose assets exceed $10,000,000 (unless such trust has a foundation manager which is a beneficiary of a private foundation.) Disallows a deduction for a charitable contribution paid to a controlling organization by any controlled organization. Directs the IRS to make available to the public any notice requesting an audit of a charitable remainder trust. Authorizes the IRS to charge an audit notice fee.
United States · United States Congress · 11 June 1991
Amends title XVIII (Medicare) of the Social Security Act to prohibit the Secretary of Health and Human Services from using claim sampling to deny claims or recover overpayments under the Medicare program without probable cause that fraud exists.
United States · United States Congress · 6 June 1991
Family Preservation Act of 1991 - Title I: Child Welfare Services - Amends part B (Child Welfare Services) of title IV of the Social Security Act to convert the Child Welfare program from an authorization to a capped entitlement program. Requires maintenance of State effort under such program. Sets forth a new formula for allotments to States under such program. Repeals provisions for incentive payments to States which maintain a foster care inventory, information system, and case review system, but requires States to provide such protections and other services designed to keep families together or reunify them, or to place children for adoption, with a legal guardian, or in some other planned, permanent living arrangement. Requires States to submit the following types of reports on child welfare services and expenditures: (1) pre-expenditure reports; (2) post-expenditure reports; and (3) comparative financial contributions reports. Reserves funds for entitlement grants to States to plan for and provide child welfare services designed to strengthen and preserve families. Requires use of part of such funds to develop or expand specialized child welfare services programs, for families in crisis due to substance abuse, that: (1) emphasize comprehensive services geared to the whole family; and (2) support or expand availability of programs for pregnant women and programs that allow mothers (and other caretaker relatives) to reside with their children while receiving services or treatment. Requires uses of the remaining part of such funds to develop or expand: (1) service programs to help children, where appropriate, return to families from which they have been removed, or be placed for adoption, with a legal guardian, or in some other planned, permanent living arrangement; (2) preplacement preventive services programs to help children at risk of foster care placement remain with their families; or (3) service programs for follow-up care for families to whom a child has been returned after a foster care placement. Reserves funds for grants to State court systems to assess and improve procedures in child welfare cases, in carrying out the Child Welfare Services program and part E (Foster Care and Adoption Assistance) of title IV of the Social Security Act. Sets forth application requirements and formulas for determining the amount of such grants for FY 1993 through 1997. Directs the Secretary of Health and Human Services (Secretary) to submit interim and final reports to the Congress on the information obtained from assessments conducted with such grants and the impact of such grant program on State court procedures and functions. Requires each State to compile annually a detailed directory of programs designed to keep families together or reunify them or place children permanently, identifying which of such programs provides specialized child welfare services to families in crisis due to substance abuse. Title II: Foster Care and Adoption Assistance - Amends title IV (Grants to States for Aid and Services to Needy Families with Children and for Child Welfare Services) of the Social Security Act to add a new part C, Comprehensive Service Projects to grant States flexibility and resources to develop comprehensive and coordinated services designed to: (1) preserve and strengthen families with children at risk of placement outside their homes; (2) reunite children with their families expeditiously if an out-of-home placement is found to be necessary; and (3) place children in adoptive homes or other permanent arrangements in a timely fashion if reunification with their families is not appropriate. Permits any State to apply to the Secretary for permission to: (1) conduct a comprehensive service project in a selected area or areas; and (2) suspend certain child welfare services and foster care and adoption assistance requirements with respect to State activities in such area or areas during the project. Sets forth application requirements and administrative provisions for such projects. Prohibits the Secretary of HHS from requiring as a condition of approval of a project application: (1) the State to select any area or areas in which to conduct the project; or (2) the project to comply with any requirements not specified in the project authorization. Sets forth those requirements with which such a project must comply. Provides for determining the expenses for which a State might properly seek reimbursement, for purposes of calculating such grant amount. Authorizes the Secretary to increase such grant amount, to the extent appropriate, by taking specified factors into account. Sets forth requirements for notification to States of grant amounts, and for grant payments in equal quarterly installments. Prohibits a State from carrying out such a project in a manner that impairs the entitlement of any child to the foster care benefits he or she would have received if the Secretary had approved the State plan for the fiscal year and had not authorized the State to conduct such a project. Deems a State to have in effect an approved foster care and adoption assistance plan during the period in which it conducts such a project for purposes of a State plan requirements under part A (Aid to Families with Dependent Children) of title IV of the Social Security Act. Requires States to report annually on funds expended under such projects to the Secretary and the Advisory Commission on Children and Families. Provides for project termination. Requires a State to discontinue the project at the end of a fiscal year: (1) if it has notified the Secretary that it intends to do so; or (2) if the Secretary has determined that the State is not conducting the project in accordance with requirements and is not making satisfactory progress toward achieving the State plans. Applies Federal child welfare and foster care and adoption assistance requirements with respect to the population of and the State activities in the project area or areas upon such project discontinuance. Prohibits a State from conducting another such project for five years after project discontinuance. Amends part E (Foster Care and Adoption Assistance) of title IV of the Social Security Act to eliminate means tests and reduce certain reimbursement rates. Expands eligibility for foster care maintenance payments in certain cases. Covers respite care for foster parents with children who have special needs. Expands the definition of children with special needs, for purposes of the adoption assistance program, to include: (1) those children for whom information is known and available about their genetic or social history indicating a high risk of medical conditions or physical, mental or emotional handicaps (which makes, it reasonable to conclude they cannot be placed for adoption without providing part E adoption assistance or Medicaid medical assistance under title XIX (Grants to States for Medical Assistance Programs) of the Social Security Act; and (2) those children that have been adopted and have a medical condition, or a mental, physical, or emotional handicap that either existed before the adoption but was not diagnosed until afterwards or first manifests itself after the adoption but is congenital or was caused beforehand. Includes relatives (as well as foster parents) who are prospective adoptive parents and with whom the child has significant emotional ties while in their care for purposes of an exception to the requirement that an effort be made to place special needs children with appropriate adoptive parents without providing adoption assistance or Medicaid assistance. Requires each States to submit to the Secretary the factors and conditions it uses to identify children with special needs, for purposes of the adoption assistance program, and any modifications to such factors and conditions. Directs the Secretary to establish an Advisory Committee on Foster Care Placement to study and report to the Secretary and the Congress on the implementation of specified requirements, under State plans for foster care and adoption assistance, that reasonable efforts be made: (1) prior to placement of a child in a foster home, to prevent or eliminate the need for removal of the child from the child's home; and (2) to make it possible for the child to return to the child's home. Provides Federal coverage of 90 percent of State costs in developing and installing statewide mechanized data collection and information retrieval systems which: (1) the Secretary determines are likely to enhance the administration of such programs; (2) are capable of interfacing with the State data collection system for information on child abuse and neglect; and (3) meet other specified requirements. Covers 50 percent of State costs for operation of such systems. Provides that all State expenditures for development, installation, and operation of such systems shall be treated as necessary for proper and efficient administration of the State plan, without regard as to whether the systems may be used with respect to children other than those on behalf of whom payments may be made for foster care maintenance or adoption assistance. Reduces, after three years, from 90 to 50 percent the Federal matching payment for development and installation of such systems. Defers a deadline for implementation of automated systems until one year after certain regulations are promulgated. Directs the Secretary to establish a work group, including representatives of specified organizations to advise on planning and implementation of the system to be used for collection of data relating to adoption and foster care in the United States. Requires the State plan to provide for: (1) a triennial review of the amounts paid as foster care maintenance payments and adoption assistance to assure their continuing appropriateness; and (2) a report to the Secretary on the results. Requires that the dispositional hearing to determine the final status of a foster child occur within 12 months of his or her original placement, rather than the current 18 months. Revises the time frame for judicial determinations on voluntary placements. Sets forth case plan requirements for placement of children in out-of-State foster care, including a finding that the child needs services not available in the State. Requires annual review, with the child present, of the status of children in out-of-State foster care placements. Requires States to collect data on the numbers of children in out-of-State foster care placements. Requires a State, in order to receive payments for expenditures after FY 1993 for foster care maintenance payments made with respect to a child placed in foster care outside the State, to conduct and submit a study to the Secretary by the end of such fiscal year, identifying the number and common characteristics of such children and the reason why they were not placed in foster care in the State. Eliminates the ceilings on Federal foster care payments to States and the States' authority to transfer unused foster care funds to the Child Welfare Services program. Directs the Secretary to: (1) establish an advisory committee; and (2) issue final regulations for training of staff of agencies responsible for administering foster care and adoption assistance programs and for training of foster and adoptive parents. Requires such committee to include representatives of public agencies and private nonprofit organizations with an interest in child welfare. Directs the Secretary to annually publish information, on a State-by-State basis, on expenditures for, and the operation of, the Child Welfare Services program, the Foster Care and Adoption Assistance program, and Comprehensive Service Projects. Amends title IV of the Social Security Act to add a new part G, Child Welfare Review System. Directs the Secretary to establish such system to: (1) review each State child welfare program to assess whether the requirements of such Act are being carried out; (2) impose financial penalties in cases of substantial failure to comply; and (3) provide technical assistance to any such program. Requires the Secretary to complete such a review for each State program once every three years. Sets forth provisions relating to effects of noncompliance, suspension of financial penalties, and administrative and judicial review. Requires that all State child welfare programs be reviewed at least once by the end of FY 1996. Prohibits the Secretary from reducing or withholding any payment or seeking any repayment from any State under part B or E by reason of a determination made in connection with specified reviews or audits for certain periods. Title III: Emergency Assistance - Amends part A (Aid to Families with Dependent Children) (AFDC) of title IV of the Social Security Act to require States to provide emergency assistance to needy families with children, including services designed to prevent homelessness. Title IV: Social Services Block Grant - Amends title XX (Block Grants to States for Social Services) of the Social Security Act to authorize increased appropriations under such program for FY 1992 and 1993 and thereafter. Title V: Research, Demonstration, and Evaluation Activities - Amends part A (General Provisions) of title XI (General Provisions and Professional Standards Review) of the Social Security Act to require the Director of the Office of Technology Assessment (OTA) to establish an Advisory Commission on Children and Families (the Commission). Requires the Commission to collect and assess specified types of information in order to identify cost-effective approaches to protect and enhance the physical, mental, emotional, and financial well-being of children and their families. Directs OTA to report annually to the Congress on the Commission and its assessment. Requires the Commission to conduct, through contracts with independent research organizations, the following research and evaluation projects: (1) an evaluation of child welfare service programs, including intensive family preservation programs; (2) foster care evaluations; (3) longitudinal child welfare data bases, and studies of child welfare population dynamics; and (4) comprehensive service projects evaluations. Directs the Secretary to conduct the following research and evaluations: (1) a study (under contract with an independent research organization) to assess the prevalence and nature of risks to the safety of employees of child welfare systems; and (2) a three-year study (under contract with an organization with demonstrated appropriate experience) to examine methodologies for measuring the workloads of providers of child welfare services and community mental health services. Directs the Secretary to authorize the following types of child welfare demonstration projects: (1) abandoned infants permanent placement; (2) termination of parental rights; (3) child welfare worker training in U.S. areas that border on Mexico; (4) staff recruitment and retention; and (5) joint training for staff of child welfare, mental health, and juvenile justice agencies. Directs the Secretary to provide technical assistance to States for: (1) interpreting and implementing parts B, C, and E; (2) disseminating information on innovative child welfare agencies; (3) correcting problems identified through Federal audits and reviews and carrying out corrective action plans under part E; (4) implementing the foster care and adoption data collection system; and (5) addressing other matters identified by such Secretary. Title VI: Credit for Certain Adoption Expenses - Amends the Internal Revenue Code to allow an income tax credit for certain expenses related to the adoption of a child with special needs.
United States · United States Congress · 6 June 1991
Medicare Preventive Benefits Act of 1991 - Amends part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act to provide for coverage of fecal-occult blood tests (FOBTs) and screening flexible sigmoidoscopies for the early detection of colorectal cancer. Covers FOBTs on an annual basis for individuals aged 50 or over. Covers screening sigmoidoscopies provided every five years for individuals aged 50 or over. Provides payment for FOBTs under the laboratory fee schedule, subject to a five dollar limit in 1992. Provides payment for screening sigmoidoscopies under the relative value scale in 1992. Permits the Secretary to modify the frequency criteria after 1994. Provides for Medicare coverage of annual influenza vaccinations and for tetanus-diptheria vaccinations administered every ten years. Provides for Medicare coverage up to age seven according to a frequency schedule to be established by the Secretary of Health and Human Services (HHS) in consultation with appropriate entities. Provides for Medicare coverage of annual screening mammography for the early detection of breast cancer for women over age 64. (Currently, such women are covered for such screening performed every other year.) Requires HHS demonstration projects for the coverage of additional specified preventive care services and reports to specified congressional committees on such projects. Authorizes appropriations. Authorizes an Office of Technology Assessment study and report to the Congress on the development of a process evaluating possible Medicare coverage of other preventive care services.
United States · United States Congress · 6 June 1991
Directs the Administrator of General Services to convey specified lands in the District of Columbia to the Columbia Hospital for Women. Requires that such lands be used for medical purposes, unless use for such other purpose is approved by the Administrator or by Act of Congress. Retains for the United States the right to use the building and parking lot on such lands until the Hospital provides one-year notice of its need for such facilities. Directs the Hospital to establish at least three satellite health centers to provide health and counseling services for teenagers, pregnant women, and mothers and children.
United States · United States Congress · 3 June 1991
Amends the Internal Revenue Code to allow a tax credit of $500 for purchase of 1994 or later model year automobiles equipped with a driver-side airbag, and a tax credit of $1,000 for such vehicles equipped with a passenger-side airbag. Makes such credit effective for trucks for 1995 or later models. Imposes an excise tax on the sale by the manufacturer, importer, or producer of each 1994 or later model year automobile that is not an airbag-equipped automobile. Declares the amount of tax on each automobile to be: (1) $500 for the 1994 model year; (2) $500 for 1995 or later model years which are only equipped with a driver-side airbag; and (3) $1,000 for 1995 or later model years which are not equipped with airbags. Authorizes the Secretary of the Treasury to prescribe higher rates if the excise tax does not approximate the loss in revenues due to the tax credit. Imposes such excise tax on trucks beginning with the 1995 model year. Provides for a reduction in the basis of an automobile on which such excise tax is imposed for purposes of determining gain or loss. Provides for the taxation of leases of automobiles subject to such excise tax. Declares that provisions for tax-free sales to a State or local government for the exclusive use of such State or local government or to a nonprofit educational organization for its exclusive use do not apply to sales of automobiles that are not equipped with airbags.
United States · United States Congress · 3 June 1991
Expresses the sense of the Congress that: (1) the American public should observe the 100th anniversary of filmmaking; and (2) the American Film Institute has a leadership role in preserving the art of film.
United States · United States Congress · 30 May 1991
Repeals provisions of the Internal Revenue Code that include unemployment compensation in the gross income of an individual and require information reporting with respect to such compensation.
United States · United States Congress · 23 May 1991
Benjamin Franklin Memorial Fire Service Bill of Rights Act - Title I: Minting of Benjamin Franklin National Memorial Commemorative Coin - Benjamin Franklin National Memorial Commemorative Coin Act - Directs the Secretary of the Treasury to issue: (1) five dollar gold coins emblematic of Benjamin Franklin's contributions to the advancement of science; (2) one dollar silver coins emblematic of Benjamin Franklin's contributions to the American Fire Service. Sets forth sale and issuance guidelines, including a general waiver of procurement regulations and surcharge distributions. Title II: Fire Service Bill of Rights - Fire Service Bill of Rights Act - Amends the Federal Fire Prevention and Control Act of 1974 to set forth a fire service bill of rights, including the right of responding fire services to: (1) know the kind of danger presented by hazardous materials they face in emergency responses; and (2) be fully informed of infectious diseases their members face during the course of life safety activities. Declares that the bill of rights does not create any private right of action.
United States · United States Congress · 23 May 1991
National Institute of Nursing Research Act - Amends the Public Health Service Act to redesignate the National Center for Nursing Research as the National Institute of Nursing Research. Includes the Institute in the list of national research institutes of the National Institutes of Health.
United States · United States Congress · 21 May 1991
Urges the Government of Iran to extend to the Baha'i community the rights guaranteed by the Universal Declaration of Human Rights and other international agreements to which Iran is a party. Calls upon the President to continue to: (1) urge the Government of Iran to emancipate the Baha'i community by granting such rights; (2) emphasize that the United States regards the human rights practices of such Government, particularly its treatment of the Baha'is and other religious minorities, as a significant element in the development of U.S.-Iranian relations; and (3) cooperate with other governments and international organizations in efforts to protect the religious rights of the Baha'is and other minorities in Iran.
United States · United States Congress · 15 May 1991
Designates the week beginning July 21, 1991, as Korean War Veterans Remembrance Week. Requires the President to urge that the American flag be flown at half staff on July 27, 1991, in honor of those Americans who died as a result of their service in Korea.
United States · United States Congress · 9 May 1991
Older Women's Breast Cancer Prevention Act of 1991 - Amends title XVIII (Medicare) of the Social Security Act to repeal the limit on payment amounts for screening mammography under part B (Supplementary Medical Insurance).
United States · United States Congress · 9 May 1991
Social Security and SSI AIDS Disability Act of 1991 - Directs the Secretary of Health and Human Services to establish an AIDS Disability Advisory Panel to conduct a study and report to the Secretary and the Congress on the disability criteria needed for individuals who are HIV positive to determine eligibility for benefits under titles II (Old Age, Survivors, and Disability Insurance) (OASDI) and XVI (Supplemental Security Income) (SSI) of the Social Security Act, with special concern focused on women, children, and intravenous (IV) drug users with AIDS or who test HIV-positive. Terminates the Panel five years after submission of its initial report. Provides for interim disability criteria, inclusive of medical conditions specific to women, children, and IV-drug users, for determining cases until Panel recommendations become law. Requires the Secretary, during the Panel's tenure, to establish and maintain a database on OASDI and SSI applicants with AIDS. Requires annual reports to the Congress containing such information. Authorizes appropriations.
United States · United States Congress · 8 May 1991
Freedom from Want Act - Title I: Domestic Assistance Programs - Part A: Nutrition, Education, and Health Care - Expresses the sense of the Congress that it should make a commitment to increasing participation in the special supplemental food program for women, infants, and children (the WIC program) by 20 percent in each of FY 1992 through 1996, so that the goal of full participation may be reached by the end of FY 1996. Expresses the sense of the Congress that the Head Start Act should be fully funded so that the goal of participation of all eligible three- and four-year-old children in Head Start programs can be achieved by FY 1994. Amends the Older Americans Act of 1965 to increase the reimbursement provided by the Department of Agriculture for congregate and home-delivered meals for older Americans to 65.66 cents in FY 1992, with adjustments for inflation in FY 1993 and 1994. Amends the Public Health Service Act to direct the Secretary of Health and Human Services (HHS) to undertake a Children's Vaccine Initiative, for research, development, testing, and evaluation of children's vaccines, and for assisting in delivery of such vaccines in the United States and throughout the world. Directs the Secretary of HHS to consult with the World Health Organization and the United Nation's Children's Fund in organizing such Initiative. Requires the Director of the National Vaccine Program to plan and coordinate such Initiative, and ensure that the Public Health Service conducts activities under the Initiative in collaboration with nongovernment institutions and other Federal agencies. Authorizes appropriations. Directs the Secretary of Agriculture to ensure that rules issued under the Federal Meat Inspection Act that impose labeling standards for any meat or meat food product sold or offered for sale in commerce also impose equivalent labeling standards for meat or meat food products distributed by the Department of Agriculture through domestic commodity food assistance programs. Part B: Individual Development Account Demonstration - Amends the Internal Revenue Code to allow a deduction for payments (other than certain assistance from an organization of a demonstration project under this part) made by or on behalf of eligible individuals to an individual development account (IDA) to accumulate funds to pay the following qualified expenses: (1) postsecondary education expenses; (2) first-home purchase; (3) business capitalization; (4) retirement expenses; and (5) transfers to an IDA of the individual's spouse or dependent. Sets forth requirements relating to such IDAs. Establishes five-year IDA demonstration projects to determine: (1) the social, psychological, and economic effects of providing to individuals with limited means an opportunity to accumulate assets; and (2) the extent to which an asset-based welfare policy may be used to enable individuals with low income to achieve economic self-sufficiency. Allows any organization to apply to the Secretary of the Treasury for grants to conduct such a project. Requires each organization authorized to conduct such a project to establish a Reserve Fund drawn from investments, public and private funds, and IDA penalty amounts. Requires the organization to use Reserve Fund amounts to: (1) assist project participants in obtaining skills and information to achieve economic self-sufficiency through activities requiring IDA qualified expenses; (2) provide financial assistance to the IDAs of individuals selected by the organization to participate in the project; (3) administer the project; and (4) provide the organization evaluating the project with necessary information. Directs the organization to invest Reserve Fund amounts that are not immediately needed to carry out such project fund uses. Limits the administrative expenses. Requires that unused Federal grant funds be transferred to the Secretary when the project terminates. Makes eligible for IDA demonstration project assistance any individual who is a member of a household with: (1) a household income for the immediately preceding calendar year of not more th an 200 percent of the poverty threshold; and (2) a household net worth, as of the close of such year, of not more than $20,000. Directs the project organization to select individuals whom the organization deems suited to receive such assistance. Sets forth a table for organization contributions to an individual's IDA, based on: (1) the individual income for the applicable period, as a percentage of the poverty threshold; and (2) matched with the lesser of either a specified percentage of the qualified savings of the individual for the period, or a specified dollar amount. Provides for a greater organization contribution for individuals with lower incomes. Requires local control over demonstration projects by giving the organization sole authority over project administration, and allowing the Secretary of the Treasury to prescribe only regulations that are necessary to ensure compliance with approved applications and this Act. Requires each project organization to prepare ten semiannual progress reports for an oversight panel, the Secretary of the Treasury, and the Treasurer (or equivalent official) of the State in which the project is conducted. Directs the Secretary of the Treasury to establish an oversight panel for such demonstration projects. Authorizes the Secretary of the Treasury to revoke the original authorization for a demonstration project upon receipt of a notice that the project has failed to implement the oversight panel's recommendations. Sets forth required revocation actions and procedures. Requires the oversight panel to enter into a contract with an independent research organization to evaluate the IDA demonstration projects, individually and as a group, addressing specified questions. Authorizes appropriations for IDA demonstration projects. Requires that funds in the IDAs of demonstration project participants to be disregarded for purposes of all means-tested Federal programs. Part C: Microenterprise Programs - Amends the Social Security Act to include microenterprise training programs under the JOBS program under provisions for aid to families with dependent children (AFDC). Requires adjustment of performance standards for microenterprises to take account of the time required for their establishment. Provides for limited exclusions of microenterprise resources and income under the AFDC program. Defines a microenterprise as a commercial enterprise which has five or fewer employees, one or more of whom owns the enterprise; and (2) none of the owners of which has income exceeding 200 percent of the poverty threshold. Authorizes States to waive Federal AFDC requirements with respect to participants in State-approved microenterpise programs. Provides that participation in such State-approved microenterprise programs shall not affect the participants' means-tested Federal benefits. Amends the Consolidated Farm and Rural Development Act to make microenterprises eligible for rural development loans and grants. Expresses the sense of the Congress that one percent of funds for specified types of rural development assistance should be reserved for certain purposes relating to microenterprises. Amends the Housing and Community Development Act to make microenterprises eligible for assistance under community development block grants. Provides that certain assisted activities relating to microenterprises shall be considered to benefit persons of low and moderate income. Expresses the sense of the Congress that each grantee under the community development block grant program should reserve one percent of any grant received to provide assistance to facilitate commercial economic development through microenterprises. Amends the Small Business Act to express the sense of the Congress that: (1) one percent of specified funds for small business loans should be reserved for specified purposes relating to microenterprises; and (2) the Small Business Administrator should take such other necessary actions to maximize participation by microenterprises in programs under such Act and the Small Business Investment Act of 1958. Provides for small business loans for microenterprises. Amends the Job Training Partnership Act (JTPA) to authorize the use of funds for training activities with respect to microenterprises. Directs the State Governor to adjust performance standards relating to microenterprises to reflect the time required to establish and develop a stable income from such an enterprise as participants seek to achieve economic self-sufficiency. Provides for JTPA microenterprise grants. Directs the Secretary of Labor, from specified funds for FY 1992 through 1996, to make grants in limited amounts to not more than ten States per year to implement and enhance community-based microenterprise activities. Requires State matching funds and annual reports. Authorizes appropriations for such microenterprise grants. Part D: Increasing the Food Purchasing Power of Low-Income Households - Authorizes the Secretary of Agriculture to make grants to up to 20 nonprofit community-based organizations to carry out food retailing development projects to: (1) increase the access of individuals residing in communities underserved by supermarkets to more affordable and quality food; and (2) strengthen the operation of existing food retail stores in underserved communities by providing such stores with services that lower costs, improve management, and increase the quality and nutritional value of food inventories. Sets forth priorities in selecting grantees. Sets forth requirements for grant expenditures. Authorizes appropriations for such food retailing development program. Authorizes the Secretary of Agriculture to make grants to up to ten eligible entities to carry out a food stamp and producer direct marketing demonstration project to: (1) increase retail marketing opportunities for local agricultural producers through farmers markets, roadside stands, and other means; (2) increase the access to and consumption of fresh, perishable agricultural commodities by low-income individuals; (3) identify and implement successful strategies to increase the number of agricultural producers certified to redeem food stamp coupons in exchange for commodities sold directly to coupon recipients; and (4) increase the number of food stamp recipients who use such coupons to purchase such commodities from agricultural producers. Sets forth requirements for grant expenditures. Defines an eligible entity as a community-based organization with strong ties to both the farming community and to an anti-hunger organization. Authorizes appropriations for such food stamp and producer direct marketing demonstration program. Amends the Child Nutrition Act of 1966 to revise WIC farmers' market demonstration programs. Increases from ten to 20 the number of States allowed to provide WIC participants with coupons to purchase fresh fruit and vegetables from farmers markets. Sets forth requirements for program reports and review. Authorizes appropriations. Part E: Assessing Food Security within Communities - Amends the National Agricultural Research, Extension, and Teaching Policy Act of 1977 to provide for regional centers for community food security. Directs the Secretary of Agriculture, through the Federal Extension Service, to make competitive grants to seven land grant colleges and universities to establish seven regional centers for community food security, with one of them designated to serve as a coordinating center. Sets forth requirements for selection of recipients, use of grants, prohibited uses, term of grants, performance evaluations, and annual reports. Defines food security as the ability of all people at all times to purchase or receive from usual food sources enough nutritionally adequate food for an active and healthy life. Part F: Findings Regarding Communities Making the Transition to Hunger-Free Status - Expresses the sense of the Congress regarding criteria for communities making the transition to food secure status. Part G: Infant Mortality Reduction - Subpart 1: Low Birthweight and Infant Mortality - Establishes within the Department of Health and Human Services a program to make grants to States, municipalities, and nonprofit organizations to establish demonstration projects to reduce infant mortality by reducing the incidence of low birthweight births in high-risk communities. Sets forth grant application requirements and preferences in awards. Directs the Secretary of HHS to: (1) establish an Infant Mortality Advisory Panel; and (2) evaluate such projects and provide technical assistance to grantees. Requires annual reports from grantees. Limits project duration to three years. Authorizes appropriations. Subpart 2: Breast Feeding and Infant Morbidity and Mortality Study - Directs the Secretary of HHS to establish a program to award grants to conduct studies of the impact of breastfeeding on infant mortality and morbidity in certain high-risk populations. Authorizes appropriations for each fiscal year for conducting such study. Part H: Amendments to the Food Stamp Act of 1977 - Mickey Leland Childhood Hunger Relief Act - Subpart 1: General Provisions - Sets forth general provisions. Subpart 2: Ensuring Adequate Food Assistance - Amends the Food Stamp Act of 1977 to remove the excess shelter deduction cap for purposes of food stamp program (program) eligibility. (Sets forth transitional caps through FY 1995.) Requires the Secretary of Agriculture to adjust the basic benefit level upwards by specified increments at the beginning of each fiscal year until it reaches 105 percent of the cost of the thrifty food plan. Eliminates food stamp reductions for households reapplying for program reinstatement within 30 days. Excludes third party payments for transitional housing for the homeless from consideration as program income. Increases funding for the nutrition assistance program in Puerto Rico. Excludes general assistance vendor payments from consideration as program income. Subpart 3: Promoting Self-Sufficiency - Excludes from consideration as program income: (1) the first $50 a month received as child support; and (2) child support payments to non-household members. Increases annually the fair market value limit of vehicles that program recipients may own. Excludes from financial resources the value of a vehicle a household depends upon to carry heating fuel or water for home use where it has no other access to fuel or water. Increases dependent care deductions and participant and State agency reimbursements in connection with employment and training activities. Subpart 4: Simplifying the Provision of Food Assistance - Permits related adults living in the same household to apply for separate program benefits under specified conditions. Permits a participating family made up of, or including, an elderly or disabled member to own $300 in allowable financial resources. (Current law refers to a family member 60 years of age or older.) Makes program authorization of appropriations permanent. Subpart 5: Implementation and Effective Dates - Sets forth the effective dates for provisions of this Act. Title II: International Programs - Part A: Food as a Human Right - Declares that the United States should: (1) make a major effort toward strengthening the right to food in international law; and (2) propose to the United Nations General Assembly that a Declaration and Convention on the Right to Food be adopted and submitted to countries for ratification. Prohibits the provision of development assistance under the Foreign Assistance Act of 1961 and the provision or financing of agricultural commodities under the Agricultural Trade Development and Assistance Act of 1954 for countries that engage in a consistent pattern of violations of internationally recognized rights to food and medical care. Requires the United States to: (1) make a major effort toward reforming and restructuring the United Nations mechanism for responding to international disasters and humanitarian emergencies; and (2) evaluate the role of the United Nations Disaster Relief Organization and develop a proposal for strengthening the United Nations response to such emergencies. Part B: Democratic Empowerment - Amends the Foreign Assistance Act of 1961 to authorize the President, acting through the administrator of the agency responsible for administering development assistance (administering agency), to provide assistance for eligible emerging democracies. Defines an "eligible emerging democracy" as a least developed country that is making a transition from an undemocratic to a democratic system of government. Lists authorized assistance as development and relief and rehabilitation assistance and assistance for child survival, maternal health, basic nutrition, and basic education. Waives provisions of law that prohibit or restrict assistance to countries in arrears or default on loan or credit payments owed to the United States with respect to assistance for eligible emerging democracies. Establishes a Fund for Democratic Empowerment to carry out such assistance program. Authorizes appropriations. Part C: Children - Authorizes appropriations for FY 1992 and 1993 for U.S. contributions to the United Nations Children's Fund. Amends the Foreign Assistance Act of 1961 to authorize appropriations for the Child Survival Fund for FY 1992 and 1993. Earmarks amounts of foreign assistance for activities that deal directly with the special health needs of children and mothers. Requires the President, with respect to the provision of development assistance, to promote and undertake activities relating to research on, and the treatment and control of, acquired immune deficiency syndrome (AIDS) in developing countries. Designates such assistance as the International AIDS Prevention and Control Program. Earmarks amounts of development assistance for FY 1992 and 1993 for the Vitamin A Deficiency Program and programs to eliminate iodine deficiency. Expresses the sense of the Congress that the United States should join in a comprehensive initiative to reduce micronutrient deficiencies from iron, as well as leading in the elimination of vitamin A and iodine deficiency. Earmarks foreign assistance for basic education programs. Directs the President to report annually to the Congress on U.S. contributions to the goals and strategies of the World Declaration on the Survival, Protection and Development of Children; the Plan of Action for Implementing the Declaration; the World Declaration on Education for All; and the Framework for Action to Meet Basic Learning Needs. Part D: Women in Development - Removes a limitation on, and earmarks an amount of, assistance to promote the participation and integration of women in the development process in developing countries. Requires specified amounts of such assistance to be used to support the integration of women into programs of the administering agency and to support needs of such agency in administering the women in development policy. Part E: Refugees - Authorizes appropriations for FY 1992 and 1993 for migration and refugee assistance, with earmarked funds for programs of refugee assistance overseas. Expresses the sense of the Congress that other international donors should join with the United States in ensuring that refugee relief and rehabilitation efforts are adequately funded and supported. Part F: Agriculture and the Environment - Requires agricultural development programs supported by the United States under the Foreign Assistance Act of 1961 and in the multilateral development banks and International Monetary Fund (IMF) to incorporate principles of environmental sustainability. Directs the Administrator of the Agency for International Development (AID) to establish specified environmental sustainability guidelines and standards to be applied to all agricultural development programs supported under the Foreign Assistance Act of 1961, bilateral agricultural projects, and, where appropriate, environmental projects supported under such Act. Requires the U.S. executive directors of the multilateral development banks and the IMF to seek the adoption of requirements comparable to such standards by their respective institutions. Declares that AID should make a long-term commitment to research the ecological and socioeconomic components of sustainable agricultural development. Provides that research topics should include: (1) how traditional systems of agriculture respond to local ecological conditions and how such responses can be incorporated in agricultural development that aims to increase yields without degrading long-term productive potential or the ability to withstand ecological pressures; (2) the role of subsistence agriculture in meeting the nutritional needs of rural populations and the improvement of subsistence food production; and (3) the improvement of crops which comprise a substantial part of the diet of the poorest part of the population. Declares that the United States should encourage the Consultative Group on International Agriculture to incorporate such topics into its research priorities and to promote the application of research findings into project design and implementation. States that AID should increase its support for agricultural research institutions that have demonstrated a capacity to contribute to sustainable agricultural development. Directs the AID Administrator to report to the Congress on AID programs directed toward sustainability as a basis for agricultural assistance efforts. Part G: World Bank and International Monetary Fund - Expresses the sense of the Congress that the Secretary of the Treasury should instruct the U.S. executive directors of the International Bank for Reconstruction and Development (World Bank), the International Development Association (Association), and the IMF to seek the establishment by their institutions of programs and policies to assist in the realization of the right to food. Amends the International Financial Institutions Act to direct the Secretary of the Treasury to instruct: (1) the U.S. executive director of the Association to advocate, in the context of the Association's tenth replenishment, that at least 50 percent of the Association's loans go to countries that have developed a national development and poverty alleviation strategy; and (2) the U.S. executive directors of the World Bank and the IMF to urge such institutions to develop Policy Framework Papers (including sections on environmental goals) for borrowing countries. Expresses the sense of the Congress that the World Bank and the Association should: (1) give greater programmatic and budgetary priority to child survival and development; and (2) commit to devoting at least five percent of the annual lending programs to primary health and five percent to basic education. Directs the Secretary to instruct the U.S. executive directors of the World Bank and the Association to urge such institutions to: (1) promote environmental sustainability as a guiding principle in agricultural development projects; (2) emphasize food-based policies in agriculture by increasing funding for research focusing on improving foods which comprise a substantial portion of the diet of poor people; and (3) ensure that such projects target and integrate women. Amends the Bretton Woods Agreements Act to direct the Secretary of the Treasury to instruct the U.S. executive director of the IMF to urge the IMF to ensure that IMF programs are designed to avoid any deterioration in the provision of social services for basic human needs and to maintain sustainable use of the environment. Part H: Debt Relief - Amends the Foreign Assistance Act of 1961 to authorize the President to make certain debt relief authorities concerning relatively least developed countries with respect to which an IMF standby agreement or a World Bank or Association structural adjustment program or similar IMF program is in effect applicable to least developed countries pursuing specified national economic policy reforms, even if such an arrangement is not in effect. Part I: Private and Voluntary Organizations - Increases the amount of funding for private and voluntary organizations under the Foreign Assistance Act of 1961.
United States · United States Congress · 2 May 1991
Title I: Preconditions for the Receipt by China of Nondiscriminatory Treatment - Prohibits the President from recommending for a 12-month period in 1992 continuation of a waiver of human rights and emigration requirements for nondiscriminatory treatment (most-favored-nation treatment) for China under the Trade Act of 1974 unless a specified report is submitted to the Congress stating that China has accounted for and released prisoners who dissented in Tiananmen Square on June 3, 1989 and made progress in: (1) preventing gross violations of human rights (including in Tibet); (2) ending religious persecution and releasing members of religious groups who were detained for their religious beliefs; (3) removing restrictions there and in Tibet on freedom of the press and on broadcasts by Voice of America; (4) terminating harassment of Chinese citizens in the United States, including the return and renewal of passports confiscated for prodemocracy activities; (5) ensuring access of international human rights monitoring groups to prisoners; (6) ensuring freedom from torture and from inhumane prison conditions; (7) terminating prohibitions on peaceful assembly and demonstration imposed after June 3, 1989; and (8) adhering to the Joint Declaration on Hong Kong. Requires the President, if he recommends such extension, to include in a specified document to be submitted to the Congress a report on China's progress in implementing the above-mentioned measures.
United States · United States Congress · 1 May 1991
Partnership for Long-Term Care Act of 1991 - Title I: Medicaid Program Improvements - Amends title XIX (Medicaid) of the Social Security Act to require States to cover certain primary care for pregnant women and children, and nursing facility services for other individuals, whose incomes are below the Federal poverty level. Requires States to establish a subsidy program to assist individuals whose incomes are no less than the Federal poverty level and no more than twice such level in paying long-term care insurance premiums. Provides larger subsidies as individuals' incomes approach the Federal poverty level. Prohibits States from establishing a subsidy resource eligibility limit at less than twice the resource limit under title XVI (Supplemental Security Income) of the Act. Title II: Medicaid Amendments Relating to Treatment of Payments Under Qualified Long-Term Care Insurance Policies - Subtracts long-term care insurance payments from an individual's assets in determining his or her Medicaid eligibility. Title III: Tax Treatment of Long-Term Care Insurance - Requires that, for the purpose of determining the income tax liability of life insurance companies, qualified long-term care insurance be treated as accident or health insurance. Applies this provision to policies which provide coverage for at least 12 consecutive months of diagnostic, preventive, therapeutic, rehabilitative, maintenance, or personal care services provided in a setting other than the acute care unit of a hospital and for an individual's loss of functional capacity. Provides that for the purpose of determining whether a tax exclusion applies to employer contributions to, or an employee's receipt of benefits from, qualified long-term care insurance, such contributions and benefits shall be considered to be for coverage under an accident or health plan. Makes the penalty tax on early distributions from qualified retirement plans inapplicable when such distributions are used to pay for qualified long-term care insurance. Treats an individual's qualified long-term care expenses as deductible medical care expenditures. Provides for the deduction of employer contributions to a reserve fund providing employees with post-retirement qualified long-term care benefits. Permits the inclusion of qualified long-term care insurance in cafeteria plans. Excludes such insurance from a cafeteria plan participant's gross income.
United States · United States Congress · 30 April 1991
Morris K. Udall Wilderness Act of 1991 - Designates specified lands in Alaska as the Arctic Coastal Plain Wilderness and a component of the National Wilderness Preservation System.
United States · United States Congress · 23 April 1991
Amends the Internal Revenue Code to impose an excise tax on amounts received in connection with certain acquisitions or combinations of partnerships or real estate investment trusts where dissenting equity holders do not have dissenters' rights.
![Official portrait of Rep. Kennelly, Barbara B. [D-CT-1]](https://www.congress.gov/img/member/k000118_200.jpg)