United States · United States Congress · 2 August 1991
United States Flag Cruise Ship Competitiveness Act of 1991 - Amends Federal law (commonly referred to as the Johnson Act) relating to transportation of gambling devices to exclude from the definition of interstate commerce, transportation from a State to the same State through a place outside that State when such commerce may only be conducted through points not in that State. Repeals all of a specified Federal law (commonly referred to as the Gambling Ship Act) except provisions relating to the transmission of wagering information. Makes unlawful certain actions in connection with a vessel which has any gaming establishment aboard unless in compliance with certain regulations, including registration with the Attorney General and licensing by a State. Provides for certification by the Attorney General of State procedures.
United States · United States Congress · 1 August 1991
Veterans Dignity in Health Care Act of 1991 - Grants veterans who are patients or residents in Department of Veterans Affairs (VA) medical centers, nursing homes, and domiciliaries the right to purchase and use tobacco products. Directs the Secretary of Veterans Affairs to ensure that: (1) each VA facility that maintains a commissary or canteen makes tobacco products available through, and provides patients or residents access to, the commissary or canteen; and (2) each VA facility maintains and provides patients or residents access to an indoor patient smoking area.
United States · United States Congress · 1 August 1991
Amends the Internal Revenue Code to increase the exclusion from gross income for combat pay of commissioned officers (from $500 to $2,000 monthly). Requires the transfer from the Defense Cooperation Account to the general fund of the Treasury such amounts as determined necessary to offset the revenue loss caused by this amendment during the period of the Persian Gulf conflict.
United States · United States Congress · 1 August 1991
Comprehensive Occupational Safety and Health Reform Act - Amends the Occupational Safety and Health Act of 1970 (OSHA) with respect to occupational safety and health programs, committees, employee representatives, coverage, standards, enforcement, antidiscrimination, training and education, hazard and illness evaluation, State plans, and victims' rights. Title I: Safety and Health Programs - Amends OSHA to establish requirements for each employer to set up and carry out a written occupational safety and health program that includes methods and procedures for: (1) identifying, evaluating, and documenting hazards; (2) correcting them; (3) investigating work-related illnesses, injuries, and deaths; (4) providing occupational safety and health services, including emergency response and first aid procedures; (5) employee participation in implementing such program, including, where applicable, a safety and health committee; (6) responding to such committee's recommendations; (7) providing safety and health training and education to employees and committee members; (8) designating an employer representative qualified to and responsible for identifying hazards and initiating corrective action; and (9) at a worksite where employees of two or more employers work, protecting employees from hazards under the other employers' control. Authorizes the Secretary of Labor (the Secretary) to modify the application of such requirements to classes of employers where, in light of the risks faced by the employer's employees, such a modification would not reduce their safety and health protection. Directs the Secretary to issue final regulations on the required employer occupational safety and health programs, covering employee training and education as well, including annual refresher courses. Title II: Safety and Health Committees and Employee Safety and Health Representatives - Amends OSHA to require each employer of 11 or more employees to provide for: (1) safety and health committees; and (2) employee safety and health representatives. Requires, in general, such employers to establish such a committee at each worksite, but authorizes the Secretary to modify application of this requirement to: (1) an employer whose employees do not primarily report to or work at a fixed location; (2) covered employers at worksites where less than 11 of their employees are employed; and (3) worksites where employees of more than one employer are employed. Requires committee membership to consist of elected or appointed employee representatives and up to an equal number of employer representatives. Requires the committee to be cochaired by an employer representative and an employee representative. Grants each committee the reasonable right to: (1) review occupational safety and health related employer programs, incidents of death, injury, or illness, complaints of hazards, the employer's work injury and illness records (other than personally identifiable medical information), and other related reports and documents; (2) conduct worksite inspections (and related employee interviews) at least once every three months and in response to complaints; (3) conduct meetings at least once every three months; (4) observe the measurement of employee exposure to toxic materials and harmful physical agents; (5) establish procedures for exercising committee rights; (6) make advisory recommendations for improvements and corrections; and (7) accompany the Secretary's representative during certain physical inspections of the worksite. Requires the employer to permit committee members to take such time from work as is reasonably necessary to exercise committee rights, without any loss of pay or benefits for such time. Directs the Secretary to issue final regulations for the establishment and functioning of such committees. Sets forth procedures for selection of employee representatives by and from nonmanagerial employees. Directs the Secretary to issue regulations on safety and health representatives, including specified numbers and selection procedures. Title III: Coverage - Revises the OSHA definition of employer to include the Federal Government (except certain congressional employees) and State and local governments, thus extending OSHA coverage to public employees. (Includes under such OSHA coverage the executive and judicial branches and the following agencies of the legislative branch: the Botanic Garden, the General Accounting Office, the Government Printing Office, the Library of Congress, the Office of Technology Assessment, the Congressional Budget Office, and the Copyright Royalty Tribunal.) Authorizes the Secretary to cede OSHA jurisdiction to a Federal agency with respect to specified standards or regulations affecting occupational safety and health of some or all employees within that agency's regulatory jurisdiction, if the agency has promulgated and is enforcing standards and regulations so that its employees are being protected at least as effectively as they would be by the Secretary. Declares that nothing in OSHA shall apply to working conditions covered by the Federal Mine Safety and Health Act of 1977. Applies OSHA to employment performed in the Federal nuclear facilities under the control or jurisdiction of the Department of Energy. Extends an employer's duties under OSHA to all employees working at the place of employment (even if they are not the employer's employees). Title IV: Occupational Safety and Health Standards - Revises provisions for OSHA standards. Requires specified timeframes for setting such standards after the Secretary has received: (1) a recommendation of an advisory committee, the Secretary of Health and Human Services (HHS), or the Administrator of the Environmental Protection Agency; or (2) a petition from an interested person setting forth with reasonable particularity the facts claimed to establish that a standard should be promulgated, modified, or revoked. Directs the Secretary, within 90 days after such receipt, to publish a response stating whether the Secretary intends to publish a proposed rule with respect to such standard, or if not, the reasons for the decision not to publish such a rule. Directs the Secretary, if such rule is intended to be published, to do so within 12 months after the receipt of the recommendation or petition. Directs the Secretary to: (1) afford interested persons a period of at least 30 days to submit written data or comments after publication of a proposed rule promulgating, modifying, or revoking an OSHA standard; and (2) issue a final rule within 180 days after the public comment period (or within 180 days after a required public hearing on objections to such rule). Allows any adversely affected person to petition for judicial review, in the U.S. court of appeals for the appropriate circuit, of the Secretary's refusal or failure to issue such rules or standards. Requires that such a petition to appeal the Secretary's determination not to propose a rule with respect to a standard be filed within 60 days after publication of such determination. Requires set-aside of the Secretary's determination if it is found to be arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law. Allows a petition to appeal the Secretary's failure to publish a proposed rule within the required 12-month time frame to be filed at any time after such time period has elapsed. Directs the reviewing court to compel the Secretary to take any such action that is found to have been unlawfully withheld or unreasonably delayed. Provides that the withholding or delaying of action shall not be justified by the Secretary's desire to consult with, or receive approval from any other Federal agency or executive official, except where this is required by applicable law and pursued in timely fashion. Revises the definition of "occupational safety and health standard" to mean a standard which addresses a significant risk to the safety or health of employees by requiring conditions, or the adoption or use of one or more practices, means, methods, operations, or processes that most adequately assure, to the extent feasible, safe and healthful employment and places of employment. Requires each OSHA standard also to prescribe requirements for recording or reporting a work-related illness determined as a result of a medical examination or test conducted under the standard. Directs the Secretary to place in the public record all written comments and communications and a summary of all verbal communications with parties outside the Department of Labor (DOL) (including communications with executive branch officials) regarding promulgation, modification, or revocation of an OSHA standard. Directs the Secretary, in cooperation with the Secretary of HHS and in addition to other OSHA standards, to modify and establish exposure limits for toxic materials and harmful physical agents on a regular basis in a specified manner. Directs the Secretary of HHS, acting through the National Institute for Occupational Safety and Health (NIOSH), to: (1) regularly evaluate available scientific evidence, data, and information to determine if such exposure limits should be modified or be established to protect exposed employees from material impairment of health or functional capacity; and (2) at least every three years, on the basis of such evaluation, develop and transmit to the Secretary recommendations identifying materials and agents for which exposure limits should be modified or established to protect employees from such impairment. Directs the Secretary: (1) within 30 days of receipt of such recommendations, to publish them and provide a 30-day public comment period; (2) within six months of their receipt evaluate them and the public comments and publish a proposed rule for the exposure limits of each material and agent for which the Secretary of HHS has made a recommendation (explaining why any proposed limit is not the same as a recommended limit); (3) within one year of publication of the proposed limits, issue a final standard (explaining why any final limit is not the same as the recommended limit); and (4) establish or modify such limits whenever warranted, in addition to a periodic review. Directs the Secretary, within two years after the effective date of this Act, to promulgate final standards on exposure monitoring and medical surveillance programs, including specified requirements. Directs the Secretary to issue a final standard on ergonomic hazards to protect employees from work-related musculoskeletal disorders, including specified requirements. Sets forth timetables for the Secretary to issue various OSHA final standards. Title V: Enforcement - Revises OSHA enforcement provisions. Provides that time spent by an employee in accompanying the Secretary's representative on an OSHA inspection shall be deemed to be hours worked, with no loss of pay, benefits, or seniority. Requires the Secretary to notify employees or their representative within 30 days after receipt of their request for inspection that there are no reasonable grounds to believe a violation or danger exists. Directs the Secretary also to make a special inspection after determining that there are reasonable grounds to believe that an imminent danger or serious violation exists in a place of employment, upon notification from any other source (as well as upon notification by an employee or employee representative as in current law). Directs the Secretary to establish and carry out a special emphasis inspection program for conducting inspections of industries or operations where existing hazards or newly recognized or new hazards introduced into work sites warrant more intensive than normal inspections. Requires annual designation of the industries and operations for such program and the number of inspections planned and number of enforcement personnel required. Requires that special emphasis inspections be in addition to other programmed and complaint inspections conducted under OSHA before the effective date of this Act. Requires a report on such program in the Secretary's annual OSHA report to the Congress. Requires the Secretary to investigate any work-related death or serious incident (i.e. one resulting in hospitalization of two or more employees). Requires the employer to: (1) notify the Secretary of any death or serious incident occurring in a place of employment covered by OSHA; and (2) prevent the destruction or alteration of evidence that would assist in investigating such death or incident. Requires OSHA citations to state if the Secretary or the Secretary's representative believes that an alleged violation is serious and presents such a substantial risk to the safety or health of employees that initiation of review proceedings should not suspend the running of the period for correction of the violation. Revises the correction period to make it begin to run from the date of receipt of the citation, with specified exceptions. Requires employers to verify the abatement of a serious, willful, or repeated violation in writing to the Secretary within 30 days after the correction period has expired. Requires employers, within ten days after verification of abatement, to prominently post notice of such abatement at or near each place the violation occurred and to make a copy of the verification available to employers and employee representatives. Directs the Secretary to issue regulations implementing such abatement verification and notice requirements. Grants employees the right to contest: (1) citations' designations of the character of the violation or of the OSHA provision, standard, rule, regulation, or order violated (in addition to contesting the abatement period, as in current law); and (2) proposed penalties as inadequate. Grants employee representatives the right to participate in other proceedings (as well as hearings) conducted under specified OSHA enforcement procedures. Requires, if the Secretary intends to withdraw or modify a citation as a result of any agreement with the employer, the Commission's rules of procedure to provide for prompt notice to affected employees or their representatives. Grants employees or their representative, regardless of whether they have previously elected to participate in the proceedings, the right to file a notice alleging that the proposed agreement fails to effectuate the purposes of OSHA within 15 days after receipt of notice of the agreement. Directs the Secretary to consider the matter and, upon determination to proceed with the agreement, respond with particularity to the objections. Grants employees or their representative, within 15 days after the Secretary's response, the right to a hearing upon request to the Commission. Provides that if the Commission determines the proposed agreement fails to effectuate the purposes of OSHA, the proposed agreement shall not be entered as a Commission order and the citation shall not be withdrawn or modified in accordance with the proposed agreement. Revises OSHA provisions for restraining imminent dangers. Directs the Secretary to inform the employer and the affected employees and request that a condition or practice that poses an imminent danger be corrected immediately or that employees be immediately removed from exposure to such danger. Requires such actions if the Secretary determines, on the basis of an inspection or investigation, that a condition or practice in the place of employment is such that an imminent danger to safety or health exists which could reasonably be expected to cause death, serious physical harm, or permanent impairment of health or functional capacity of employees if not corrected immediately. Directs the Secretary to determine whether to post a notice in the workplace if the employer refuses to comply with the Secretary's request. Requires that such notice identify the source of the imminent danger. Grants employees the right to refuse to perform a duty that has been identified as the source of an imminent danger by such a notice, and prohibits discrimination against them for such refusal. Subjects an employer to a civil penalty of from $10,000 to $50,000 for each day during which an employee continues to be exposed if the employer does not immediately correct the hazard referred to in the posted notice or remove all employees from exposure to it, unless the Commission determines that the condition or practice is not covered by such imminent danger provisions. Revises OSHA criminal penalties to increase the maximum amount of fines and the length of prison terms for specified violations, including those for a willful violation causing death, an improper advance notice of an inspection, or a false statement. Establishes criminal penalties for a willful violation that causes serious bodily injury. Prohibits a penalty or fine which is imposed on a director, officer, or agent of an employer from being paid out of the employer's assets on behalf of that individual. Provides that nothing in OSHA shall preclude State and local law enforcement agencies from conducting criminal prosecutions in accordance with State or local laws. Title VI: Protection of Employees from Discrimination - Revises OSHA antidiscrimination provisions to extend coverage to an employee's: (1) reporting any injury, illness, or unsafe condition to the employer, employer's agent, safety and health committee, or employee safety and health representative; and (2) refusing to perform duties when reasonably apprehensive that doing so would result in serious injury to himself/herself or other employees, after having sought and been unable to obtain from the employer corrections of the circumstances causing such refusal. Revises procedures for consideration of complaints of discrimination. Increases the period for filing such complaints from 30 to 180 days after the alleged discrimination. Requires the Secretary, within 60 days after receipt of the complaint, to investigate and notify the complainant and the alleged violator of the findings. Requires such findings to be accompanied by a preliminary order providing relief, if the Secretary has concluded that there is reasonable cause to believe a violation has occurred. Allows the alleged violator or the complainant to file, within 30 days, objections to the findings and/or the preliminary order, and to request a hearing on the record. Provides that such filing of objections shall not operate to stay any reinstatement remedy in the preliminary order. Requires such hearings to be conducted expeditiously. Deems the preliminary order a final order not subject to judicial review if a hearing is not timely requested. Directs the Secretary to issue a final order within 120 days after the conclusion of such hearing. Allows such proceedings to be terminated at any time in the interim on the basis of a settlement agreement by the Secretary, the complainant, and the alleged violator. Requires the Secretary, upon determination that a violation of antidiscrimination provisions has occurred, to order: (1) correction of the violation; (2) reinstatement to the former position with all compensation (including back pay), terms, conditions, and privileges of such employment; and (3) compensatory damages. Authorizes the Secretary, upon request of the complainant, to assess against the person against whom such order is issued all costs and expenses (including attorney's fees) incurred by the complainant in connection with bringing the complaint. Allows adversely affected or aggrieved persons to petition within 60 days to obtain review of such orders in the U.S. Court of Appeals for the appropriate circuit. Directs the Secretary to file a civil action in the appropriate U.S. district court to enforce such orders against persons who fail to comply. Authorizes such court to grant appropriate relief. Provides that the legal burdens of proof that prevail under the Whistleblower Protection Act of 1989 shall govern adjudication of protected activities under OSHA antidiscrimination provisions. Title VII: OSHA and NIOSH Training and Education - Revises OSHA provisions for training and education. Includes education programs for employees and members of safety and health committees, as appropriate, among those programs which the Secretary of HHS is to conduct through NIOSH. Requires the Secretary (of Labor) to develop training materials, model curricula, and programs to assist employers in: (1) providing the training and education required under the new provisions for employer occupational safety and health programs; and (2) complying with OSHA standards. Title VIII: Recordkeeping and Reporting - Revises OSHA provisions relating to statistics to require the Secretary to collect information and conduct analyses that identify: (1) industries, employers, processes, operations, and occupations that have a high rate of injury or illness; (2) factors that cause or contribute to injuries and illnesses; and (3) workers' compensation costs associated with the injuries and illnesses. Requires such data to be publicly available in a form suitable for further statistical analysis, and to be used in setting safety and health standards, targeting inspections of individual establishments, and evaluating standard setting and enforcement programs. Directs the Secretary to require each employer covered by OSHA to report: (1) each work-related death of an employee immediately upon knowledge; and (2) each serious incident resulting in hospitalization of two or more employees within 24 hours of the incident. Revises OSHA requirements for employer records and reports to include (in addition to work-related deaths, injuries, and illnesses) suspected work-related illnesses, including a work-related illness reported by an employee or an employee's physician, unless the employer makes a reasonable determination that the illness is not work-related. Provides that all such employer records and reports shall be made available to the Secretary, the Secretary of HHS, employees, and employee representatives. Title IX: NIOSH - Revises OSHA provisions relating to duties of the Secretary of HHS acting through NIOSH. Includes under hazard evaluation reports an evaluation of whether any hazardous condition or harmful physical agent found in the place of employment poses a risk to exposed employees. Directs the Secretary of HHS, if a final determination of hazard is not made within six months of a request, to provide to the employer and employees an interim report on the known or suspected hazards, a recommendation for control, and an estimate of the time in which a final determination will be made. Directs the Secretary of HHS to identify major factors contributing to occupational injuries and deaths through accident investigations and epidemiological research. Directs the Secretary of HHS to carry out a program to identify and notify employees at increased risk of occupational illnesses, injuries, and deaths, including public information and education programs, and recommendations for appropriate medical surveillance. Requires notification, if they are found to be at increased risk, of subjects of studies funded or conducted by the Secretary of HHS under such program. Specifies that the authority of the Secretary of HHS, and of NIOSH, to inspect records extends to the Secretary's designees and contractors. Directs the Secretary of HHS, through NIOSH (and in cooperation with other HHS agencies and the Secretary of Labor), to establish a national surveillance program to identify cases of occupational illnesses, deaths, and serious injuries. Requires coordination with State health agencies and Federal and State workers' compensation agencies under such program. Directs the Secretary of HHS to collect data each year on the number and characteristics of all occupational deaths and selected occupational illnesses and injuries. Requires, in making such selections, consideration of known frequency and severity of the disorder and of the size of the population at risk. Directs the Secretary of HHS to report on and analyze the occupational deaths, illnesses, and injuries collected under such program, and transmit such information to the Secretary of Labor, State health agencies, employers, employees, and other interested parties. Authorizes the Secretary of HHS to require an employer, through a physician or health professional employed by or under contract to the employer, to report information on occupational deaths, illnesses, and injuries. Establishes NIOSH as a separate agency within the U.S. Public Health Service in the Department of HHS. Title X: State Plans - Revises OSHA requirements for State plans to provide for: (1) development of safety and health programs and safety and health committees and training programs that are at least as effective as those under the new OSHA requirements; and (2) reporting requirements, protection of employee rights, and access to information that are at least as effective as those under OSHA or other Federal laws governing access to information related to OSHA. Requires a State to enforce a Federal OSHA standard until a State standard at least as effective is in effect, if a State fails to adopt or promulgate such a standard within six months after the Federal standard is promulgated. Requires the Secretary (of Labor) to: (1) promptly investigate complaints against a State plan if there are reasonable grounds to believe a deficiency exists; (2) investigate complaints alleging a deficiency in a State enforcement action within 30 days of receipt; and (3) within 30 days of completion of the investigation, transmit findings and recommendations for correction to the State and complainant (or notify the complainant if there are no reasonable grounds to believe a deficiency exists). Requires a State to respond as to what action it has taken on the Secretary's findings and recommendations within 30 days of their receipt. Directs the Secretary to issue a citation with reasonable promptness if, after receipt of the State's response, the Secretary believes a serious violation of OSHA exists for which the State has failed to issue a citation. Requires the Secretary, upon determination that there are reasonable grounds to conclude there is a failure to comply substantially with any provision or assurance of the State plan, to: (1) notify the State and allow six months for correction of deficiencies; (2) institute proceedings for withdrawal of approval of the State plan, if the State has not corrected the deficiencies within six months (unless there are exceptional circumstances); and (3) during the pendency of such proceedings, exercise concurrent jurisdiction with the State over the safety and health issues that are subject to the State plan. Requires States which are operating State safety and health plans to modify them to conform to this Act. Title XI: Victim's Rights - Sets forth provisions for victims' rights under OSHA. Defines a victim as: (1) an employee who has sustained a work-related injury or illness which is the subject of an OSHA inspection or investigation; or (2) the family member of an employee who either is killed or cannot reasonably exercise victim's rights as a result of such an injury or illness. Grants victims the right, on request, to: (1) meet with the Secretary or a representative respecting the inspection or investigation before the Secretary's decision to issue a citation or to take no action; (2) receive a free copy of any citation or report issued as a result of the inspection or investigation; (3) be informed of any notice of contest filed; (4) be provided an explanation of the rights of employees and employee representatives to participate in OSHA enforcement proceedings; and (5) be provided an opportunity to appear and make a statement before the parties conducting any settlement negotiations, before the Secretary agrees to withdraw or modify the citation. Provides that a victim shall have the same rights as an employee under OSHA enforcement procedures. Entitles a victim, if such victims' rights are violated, to declaratory relief, injunctive relief, recovery of costs of securing specified documents, and reasonable attorney's fees and costs. Directs the Secretary to take reasonable actions to inform victims of these rights. Title XII: Worker's Compensation Study - Establishes the Federal Worker's Compensation Commission. Directs the Commission to study worker's compensation laws and system with respect to: (1) the recommendations of the National Commission on State Workmen's Compensation Laws; (2) the feasibility of using workers' compensation data to target loss prevention activities on high risk occupations; (3) the laws' adequacy in providing for needs of injured workers, occupational illnesses and diseases, quality control and medical and rehabilitation costs with cost control, and time for recuperation and counseling before return to full-time work; (4) the administrative system's adequacy and the appropriateness of such laws as the exclusive remedy; (5) the relationship between workers' compensation, safety and health programs, and insurance rates and services; (6) the feasibility and appropriateness of transferring the branch of the Department of Labor involved in workers' compensation studies from the Employment Standards Administration to the Occupational Safety and Health Administration; and (7) the feasibility of preempting State workers' compensation laws with a national program. Requires such Commission to report the results of such study to the President and the Congress. Title XIII: Effective Date - Sets forth the effective date of this Act.
United States · United States Congress · 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
Coal Field Water Protection and Replacement Act - Amends the Surface Mining Control and Reclamation Act to: (1) modify the requirements relating to water resources protection during coal mining operations; (2) impose criminal penalties upon any representative of a State regulatory authority who fails to implement enforcement duties; (3) include water resources within the purview of requisite performance bonds; and (4) enhance water rights and replacement procedures. Sets forth the criteria under which a State may assume exclusive regulatory jurisdiction over surface coal mining operations.
United States · United States Congress · 23 July 1991
Expresses the sense of the House of Representatives that the people of the United States should recognize: (1) the tenth anniversary of "An Artistic Discovery" (the Congressional High School Art Competition); and (2) its success in encouraging the creative endeavors of our Nation's young artists and forging strong working relationships among the Congress, businesses, and the arts community towards the ultimate goal of providing opportunities for high school students to express their artistic talents.
United States · United States Congress · 22 July 1991
Petroleum Marketing Competition Enhancement Act - Amends the Petroleum Marketing Practices Act to prohibit a refiner from: (1) selling motor fuel to a customer for resale (customer) at a price higher than the refiner's adjusted retail price for the same or a similar grade or quality of motor fuel sold from a direct operated outlet in the same geographic area (sale of fuel at higher prices); and (2) entering into a scheme or agreement to set, change, or maintain maximum retail prices of motor fuel, except with respect to a refiner's retail sales at its direct operated outlets. Requires that: (1) in comparing a refiner's adjusted retail price to a refiner's price to other customers, adjustments be made to account for differences in freight, taxes, and inspection fees, whether or not the items are separately listed as part of the price; and (2) if a refiner includes consumer credit as part of its price, an adjustment for the cost of such credit be made in comparing the prices. Sets forth enforcement provisions, including: (1) proceedings by the Attorney General (establishes fines ranging from $5,000 to $25,000 for each violation, and authorizes civil actions and equitable relief); (2) private civil actions, including class actions, (and establishes a right to jury trial); and (3) proceedings by State attorneys general. Allows a person bringing an action to enforce provisions concerning the sale of fuel at higher prices to establish a prima facie case by showing that the refiner has sold motor fuel to a customer at a price that is higher than: (1) 94 percent of its consumer retail price per gallon (or, in the event of a sale to a branded wholesaler, 90 percent); or (2) the refiner's consumer retail price per gallon less the most recently available average retail operating expenses per gallon (and, in the event of a sale by a refiner to a branded wholesaler, also less the most recently available average wholesale operating expenses per gallon for the State in which the consumer retail price was charged). Specifies that: (1) in the event that the relevant State has not conducted an annual survey (pursuant to this Act) to determine the average retail or average wholesale operating expenses, the average operating expenses for the retail and wholesale petroleum industry, as determined by the Secretary of Energy, shall be used; and (2) such prima facie case may be overcome by a preponderance of evidence that the refiner's actual retail and average wholesale operating expenses, if applicable, are less than the evidence presented by the plaintiff to establish such prima facie case. Directs the Secretary to conduct an annual survey to determine the average retail and average wholesale operating expenses per gallon for the petroleum industry. Permits a State or State agency to authorize an annual State survey to reflect local conditions with respect to motor fuels sold to the public in that State. Directs that any such survey regarding: (1) retail operating expenses and actual wholesale operating expenses be based upon all direct and indirect expenses attributable to the sale of a gallon of motor fuel to the public by direct and nondirect operated outlets; and (2) wholesale operating expenses be based on all direct and indirect expenses attributable to the wholesale sale of a gallon of motor fuel by a refiner or a branded wholesaler to a branded dealer.
United States · United States Congress · 17 July 1991
St. Croix, Virgin Islands Historical Park and Ecological Preserve Act of 1991 - Establishes the St. Croix, Virgin Islands Historical Park and Ecological Preserve. Authorizes the Secretary of the Interior to acquire lands within the park. Prohibits the acquisition of lands containing dwellings within the park boundary as of July 1, 1991, without the consent of the owner. Authorizes the Secretary to enter into cooperative agreements with the Virgin Islands or political subdivisions for the management of the park. Requires the Secretary to submit a general management plan for the park to the House Committee on Interior and Insular Affairs and the Senate Committee on Energy and Natural Resources. Directs the Secretary, for a ten-year period, to provide funds for employees of the Government of the Virgin Islands engaged in the management of the park and to implement a program under which Virgin Islands citizens may be trained in phases of park operations and management. Establishes the St. Croix, Virgin Islands Historical Park and Ecological Preserve Commission. Authorizes appropriations.
United States · United States Congress · 11 July 1991
Community Right-To-Know More Act of 1991 - Amends the Solid Waste Disposal Act to revise congressional findings, objectives, and national policy provisions. Title I: Expansion of Toxics Release Inventory - Requires owners or operators of facilities subject to toxic chemical release requirements under the Emergency Planning and Community Right-To-Know Act of 1986 that meet threshold requirements under this Act to include supplemental information comparable to that required in toxic chemical release forms for transfers or releases of chemicals that are: (1) priority pollutants relating to steam electric power point source pollutants under the Federal Water Pollution Control Act; (2) specified hazardous wastes listed under the Solid Waste Disposal Act; (3) specified chemicals listed under the Clean Air Act; (4) pesticides with respect to which the registration has been denied, cancelled, or is under suspension or pesticides undergoing administrative review or that are classified for restricted use; (5) chemicals listed under the Safe Drinking Water Act for which maximum contaminant levels have been proposed; (6) chemicals identified as carcinogens by the Carcinogen Assessment Group of the Environmental Protection Agency (EPA), the International Agency for Research on Cancer, or the National Toxicology Program; (7) extremely hazardous substances listed pursuant to the Emergency Planning and Community Right-To-Know Act of 1986; (8) chemicals listed in 90 California Regulatory Notice Register 990 as reproductive toxins; or (9) listed under the Emergency Planning and Community Right-To-Know Act of 1986 that are not used at a level that meets threshold requirements for reporting but are released to the environment or transferred to an offsite waste management facility in amounts meeting the threshold under this Act. Provides that a facility meets the threshold requirements with respect to a chemical listed under this Act if the facility: (1) uses the chemical at a level that meets the threshold requirement for reporting under the Emergency Planning and Community Right-To-Know Act of 1986; or (2) releases to the environment or transfers to an offsite waste management facility a chemical in an amount greater than or equal to 100 pounds annually in the case of metals or metal compounds or 2,000 pounds annually for any other chemical. Authorizes the EPA Administrator to establish lower thresholds for any chemical, user segment, or facility. Permits authorized States to establish lower thresholds for facilities in their jurisdictions. Authorizes the Administrator to delete a carcinogen or reproductive toxin from the list under this Act if it is not otherwise listed under this Act or the Emergency Planning and Community Right-To-Know Act of 1986. Applies toxic chemical release reporting requirements to facilities employing at least ten full-time employees that are not currently subject to such requirements, but meet threshold reporting requirements under this Act or the Emergency Planning and Community Right-To-Know Act of 1986. Title II: Toxics Use Reduction - Requires owners or operators of covered facilities to submit: (1) annual toxics use reduction reports for each covered chemical for which such facilities are required to file toxic chemical release forms or supplemental information pursuant to title I; and (2) annual plans for reducing the use of covered chemicals. Sets forth report and plan requirements and submission deadlines. Authorizes the Administrator to modify such plans. Requires the Administrator to establish an advisory board to determine a professional code of practice for toxics use reduction materials accounting and planning. Directs owners or operators of facilities in violation of standards, permit conditions, or regulations pertaining to the management or release of covered chemicals, upon the request of 50 citizens or employees, to establish a workplace toxic use reduction committee to provide ongoing dialogue and appraisal of the progress toward pollution prevention. Requires the committee to meet at least quarterly to review a facility's progress on toxics use reduction. Directs the Administrator to implement a strategy to promote toxics use reduction. Requires the Administrator, Federal agencies, and States or political subdivisions, in issuing or approving regulatory action under specified environmental, consumer protection, occupational health and safety, and energy Acts, to make toxics use reduction an integral part of the planning, decisionmaking, and rulemaking process. Authorizes the Administrator to require owners or operators of facilities to provide records and information and grants the Administrator access to records, products, or raw materials. Requires the Administrator to establish a technical assistance and research program to promote and study toxics use reduction. Directs the Administrator to analyze information on production units reported by facilities for purposes of classifying such units into groups that use similar production processes and covered chemicals. Authorizes the Administrator to classify such units into groups on the basis of industrial categories according to Standard Industrial Classification codes. Requires the Administrator to: (1) classify ten groups, to be referred to as user segments; (2) evaluate the reduction in the use and generation of covered chemicals by each production unit in each user segment; and (3) prepare and make available to the public an annual percentile ranking of each unit according to use and generation as byproduct. Authorizes the Administrator to promulgate regulations to establish minimum toxics use reduction performance requirements for production units in user segments. Sets forth regulation requirements. Applies provisions of the Emergency Planning and Community Right-To-Know Act of 1986 concerning trade secrets, the provision of information to health professionals, and public availability of information to toxics information under this Act. Waives Federal facility compliance with toxics use reduction and reporting requirements upon the request of the Secretary of Defense and the President's determination that such waiver is in the interest of national security. Directs the Administrator to study and report to the appropriate congressional committees on methods of encouraging the reporting of toxics information through the use of computer telecommunication and other means. Requires the Director of the Office of Technology Assessment to study and report to the Administrator and the Congress on the provision to the public of toxic release inventory information and related information required to be submitted to the Administrator. Prescribes civil and administrative penalties for violations of toxics use reduction and reporting requirements. Sets forth provisions concering civil actions with respect to such violations. Requires the Administrator to establish a grant program to assist States and local governments in establishing innovative toxics use reduction programs. Directs States to make 75 percent of a grant available to local governments for carrying out toxics use reduction. Bases the awarding of grants on the extent to which chemical substances are manufactured, processed, used, and disposed of in a State, the extent of exposure to such substances in a State, and the population density of a State. Authorizes appropriations for such grants and for toxics use reduction under this Act. Requires the Administrator to: (1) implement a procurement policy that reduces, avoids, or eliminates the acquisition of agency procurement items made with or containing covered chemicals and hazardous secondary materials; and (2) make recommendations to the Congress for a national toxics use reduction procurement policy covering all procuring agencies, Federal facilities, and government contractors. Amends the Pollution Prevention Act of 1990 to increase the amounts authorized to be appropriated for functions under such Act and to increase and extend the authorization of appropriations for technical assistance grants to States. Title III: Waste Stream Reporting - Amends the Solid Waste Disposal Act to revise recordkeeping and reporting requirements for hazardous waste generators. Directs hazardous waste generators to report annually to the Administrator and authorized State agencies on the quantity of hazardous waste generated from each catastrophic event, remedial action, or one-time event not associated with production processes. Sets forth reporting requirements for generators of solid waste in amounts in excess of 11,000 pounds a month and for facilities managing solid and certain special wastes generated by fossil fuels combustion, mining, and activities involving cement kilns. Reqiures the Administrator to: (1) maintain publicly accessible databases for hazardous, solid, and special waste stream data reported under this Act; (2) make the data accessible on a cost reimbursable basis; and (3) report to the Congress on links between EPA databases and changes that would facilitate links between all major EPA operations.
United States · United States Congress · 11 July 1991
Expresses the sense of the House of Representatives that the President should establish a bipartisan commission to investigate the operation of and complaints regarding, the U.S. Postal Service.
United States · United States Congress · 27 June 1991
Rural Schools of America (RSA) Act of 1991 - Title I: Rural School Improvement - Authorizes appropriations for this title. Directs the Secretary of Education (the Secretary) to reserve five percent of specified funds for competitive grant awards to exemplary school programs. Directs the Secretary to allot, from remaining amounts, to each eligible local educational agency (LEA) with an approved application an amount based on that LEA's relative allocation under certain provisions of the Elementary and Secondary Education Act of 1965 for education of disadvantaged children (ESEA title I chapter 1). Provides for annual payments to eligible LEAs with approved applications if they comply with certain data collection requirements to monitor progress toward meeting national education goals, and demonstrate such progress. Requires each such LEA to reserve up to five percent of its allotment to make as many grants as practicable, for authorized activities, to community-based organizations or nonprofit partnerships between the LEA and an area-wide collaborative of private sector businesses. Sets limits on the time and the amount of funds to be used for planning purposes. Requires LEAs to use funds under this title to meet national education goals through programs designed to: (1) increase the academic achievement of rural school children to at least the national average; (2) prepare all rural children for school; (3) increase the graduation rates of rural students to at least the national average; (4) prepare rural school graduates to enter higher education, pursue careers, and exercise their responsibilities as citizens; (5) recruit and retain qualified teachers; and (6) decrease the use of drugs and alcohol by rural students, and enhance their physical and emotional health. Sets forth program accountability requirements: (1) in general, for initial grants, renewal grants, and renewal of school participation; (2) for achievement, including demonstration of improvement; and (3) for data collection certification and to monitor progress in achieving national education goals. Authorizes the Secretary to make, from reserved funds, competitive incentive awards to individual schools participating in projects assisted under this title that demonstrate exemplary progress in meeting specified program requirements. Directs the Secretary, by January 1, 1993, to report on the impact of Federal regulations, guidelines, and policies on rural public schools. Requires LEAs desiring to receive an allotment under this Act to establish a local advisory group to: (1) advise on design and conduct of a needs assessment for participating schools; (2) assist in planning for community-wide collaboration in service delivery for youths in participating schools; (3) advise the LEA and the community on how they can work together to use multiple service providers; and (4) advise and assist program implementation and review program evaluation; (5) review and approve community-based organizations' applications; (6) advise on strategies for increasing parental involvement and the number of school volunteers and role models; and (7) review community-based programs' progress or national education goals. Allows use of a comparable existing local advisory group to comply with such requirement. Sets forth special rules relating to ranking of schools to determine relative need, in general, on the basis of achievement, poverty, and racial isolation. Requires each LEA receiving a grant to serve between ten and 20 percent of its schools. Requires eligible LEAs to have flexibility to serve homeless children, desegregating students, immigrants, migrants, or other highly mobile populations, within the program assisted under this title. Deems any approved program for any school served under certain ESEA title I chapter 1 provisions to be sufficient to meet the application and program accountability requirements of this title. Title II: School Building Repair and Renovation - Authorizes appropriations to assist eligible LEAs in repairing and renovating instructional facilities in rural schools. Directs the Secretary to make allotments to State educational agencies based on relative allocations to LEAs under ESEA title I chapter 1. Directs each SEA after after being allowed to reserve one percent of such funds for administrative expenses, to allot the remainder to eligible LEAs, which shall use half of such allotment for programs for school building repair and renovation, and half for programs for school environmental concerns and safety improvements. (Authorizes the SEA to waive such 50 percent division in certain cases.) Directs the SEA to allocate such funds on the basis of the number of: (1) children from families below the poverty line; (2) school buildings used for instructional purposes; and (3) school buildings more than 25 years old used for instructional purposes. Limits the period covered by a grant application to three years, and requires annual review. Lists types of programs eligible LEAs must conduct with their allotments for: (1) repair and renovation of school buildings; and (2) improvements related to environmental concerns and safety. Title III: Evaluation of Results - Subtitle A: Assistant Secretary - Amends the Department of Education Organization Act to establish an Assistant Secretary for Rural Education in the Department of Education. Subtitle B: Rural School Research and Evaluation - Authorizes appropriations to carry out this subtitle. Directs the Secretary to establish for each region a National Rural Regional Education Research Center (Center), to be operated by the appropriate regional educational laboratory. Requires each Center to: (1) conduct independent research in rural education and distance learning technologies; (2) evaluate progress toward the national education goals of rural schools receivng funds under title I of this Act; (3) be rural education clearinghouses for research findings, policies, and practices; (4) develop measurements of rural schools' progress; (5) disseminate evaluation and research results to other centers and rural school districts and parents; (6) arrange collaboration and consortia among rural schools in the region for joint research and evaluation; (7) replicate successful models and program approaches; (8) provide technical assistance and outreach services for schools; (9) provide staff training; and (10) develop curricula to assist rural schools in moving toward meeting the national education goals. Requires each Center to reserve 25 percent of funds received under this subtitle for direct grants to rural eligible LEAs within its region, which are participating in a program assisted under title I of this Act, to conduct local school district research and evaluation of efforts toward meeting the national education goals. Title IV: General Provisions - Establishes the Interagency Council on Rural Schools to: (1) review Federal programs to determine effects on and rural schools' ability to meet national education goals; (2) track school progress toward and such goals; (3) solicit advice and information for rural education experts and rural school representatives on improvement of Federal programs; (4) review Federal regulations for duplication or contradiction; (5) report annually to the Congress and the President on rural school progress; (6) review and recommend improvement for streamlining of Federal data collection in rural schools; and (7) conduct research to help rural school practitioners improve school performance. Directs the President to conduct a White House Conference on Rural Education before October 30, 1994. Requires the Conference to: (1) develop recommendations and strategies for improving rural education; (2) marshal the forces of the private sector, governmental agencies at all levels, parents, teachers, communities, and education officials to assist rural schools in meeting national goals; and (3) conduct initial planning for a permanent national advisory commission on rural education. Requires reports to the President. Authorizes appropriations for such Conference. Establishes the Carl D. Perkins National Commission on Rural Education (the Commission). Directs the Commission to: (1) study specified issues relating to rural schools; and (2) report, and recommend changes in Federal legislation, to the President and appropriate congressional committees. Terminates the Commission three years after its first meeting. Authorizes appropriations for the Commission. Requires eligible LEAs to use Federal funds received under this Act only to supplement but not supplant non-Federal funds.
United States · United States Congress · 27 June 1991
Amends the Internal Revenue Code to provide for the nonrecognition of gain on property held for at least ten years which is involuntarily converted as the result of the exercise of eminent domain, without regard to whether the replacement property is similar or of like kind.
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 · 26 June 1991
Constitutional Amendment - Requires the Congress and the President, prior to each fiscal year, to agree on an estimate of total receipts (except those derived from borrowing) for that fiscal year by enactment of a law devoted solely to that subject. Prohibits outlays for that year (except those for repayment of debt principal) from exceeding this amount unless the Congress, by a three-fifths roll call vote of each House, authorizes a specific excess of outlays over receipts. Requires a three-fifths roll call vote of each House to increase the public debt. Directs the President to submit a balanced budget to the Congress. Requires the approval of a majority of the total membership of each House by roll call vote before any bill to increase revenue may become law. Waives these provisions when a declaration of war is in effect. Makes this article effective beginning with FY 1995 or with the second fiscal year after its ratification, whichever is later.
United States · United States Congress · 24 June 1991
United States Savings Bond Availability Act of 1991 - Requires the Secretary of the Treasury to make an adequate supply of United States Savings Bonds available to an issuing agent for immediate, over-the-counter delivery to the public at the point of purchase.
United States · United States Congress · 20 June 1991
Shipbuilding and Repair Industry Free Trade Act of 1991 - Directs the Secretary of Commerce to annually determine and publish the net shipbuilding and repair subsidy provided, directly and indirectly, to each major shipbuilding and repair company in foreign countries meeting certain requirements. Requires the information submitted to the Secretary in connection with the determinations to be treated as proprietary if it meets certain requirements of the Tariff Act of 1930. Requires each company to repay to its government the total value of the aggregate subsidy provided, plus interest. Directs the Secretary to: (1) require certification from both the company and the foreign government that the payments have occurred; and (2) if requested, verify the repayment. Directs the Secretary, if a company has not complied, to direct the Commandant of the Coast Guard to collect an annual assessment on each vessel constructed or repaired by the company. Sets the amount of the assessment at the amount of the net subsidy, adjusted by partial repayments and increased by any previous unpaid assessment. Prohibits a vessel from entering a U.S. port until the assessment is paid in full. Amends the Tariff Act of 1930 to provide for the judicial review of subsidy assessment determinations by the U.S. Court of International Trade.
United States · United States Congress · 19 June 1991
Expresses the sense of the Congress commending and encouraging President-elect Yeltsin to continue his leadership on behalf of democratic, pluralistic, and free-market principles as a basis for local and national government and society in the Russian national republic and in other republics and nations.
United States · United States Congress · 18 June 1991
Expresses the sense of the Congress that the United States should ask the United Nations (UN) to release through UNICEF a portion of Iraq's frozen assets to provide medical and humanitarian assistance to the Iraqi people, particularly children, with release of the funds contingent on Iraqi Government acceptance of UN oversight and control.
United States · United States Congress · 13 June 1991
Domestic Energy Resources Act of 1991 - Title I: Electric Vehicle Fleet Incentive - Mandates that any person who owns, operates, leases, or otherwise controls specified motor vehicle fleets make subsequent acquisitions of which at least 50 percent are electric vehicles, unless such person meets certain minimum electric fleet requirements. Directs the Secretary of Energy (the Secretary) to allocate one credit for each electric vehicle which exceeds the statutory mandate. Sets forth civil and administrative penalties for noncompliance with this Act. Title II: Coal Research and Development Programs - Directs the Secretary to establish a research, development, and demonstration program with respect to: (1) using coal-derived liquid fuels, including ultra-clean coal-water slurries in diesel locomotive engines; and (2) using solid waste combined with coal as a fuel source for clean coal combustion technologies. Authorizes appropriations. Requires the Secretary to submit a research, development, and demonstration plan to the Congress with respect to technologies for the nonfuel use of coal. Authorizes appropriations. Directs the Secretary to conduct a research, development, demonstration, and commercialization program within the Department of Energy for specified coal refining technologies and to submit annual program status reports to the Congress for a five-year period. Authorizes appropriations.
United States · United States Congress · 5 June 1991
Communications Competitiveness and Infrastructure Modernization Act of 1991 - Title I: Communications Infrastructure Modernization Policy - Amends the Communications Act of 1934 (the Act) to establish a new national goal that by 2015 the United States will have established an advanced, interactive, interoperable broadband communications system nationwide. Requires local telephone companies to submit a plan to achieve such goal for approval by the appropriate agency in each State in which they operate. Requires disapproval only when the plan is not in the public interest. Requires such plan to give priority consideration to accelerated deployment of such a system for educational institutions, health care facilities, and small businesses. Requires such plan to provide for deployment to less densely populated and economically disadvantaged areas at a rate reasonably related to the rate of deployment in more populous and affluent areas. Requires the FCC, after final State action, to review the plan to certify compliance with the goals and objectives of this Act. Requires FCC procedures for local telephone companies to ensure coordinated communications network planning in the development of a nationwide communications infrastructure and to assure broad availability of information services. Title II: Regulatory Changes to Promote Efficient Multiple Uses of Communications Technologies - Amends the Act to establish a policy to permit multiple uses of communications technologies and to eliminate restrictions on communications technologies to single lines of services in order to promote communications technology deployment in a manner which secures communication services for the public at reasonable costs. Title III: Modification of Impediments to Convergence of Telephone and Video Technologies - Amends the Act to modify ownership restrictions to permit local telephone companies to provide video programming subject to specified regulatory safeguards to prevent anti-competitive activities only after the FCC makes the certification described under title I and certifies that the company has filed a plan pledging it to comply with such safeguards. Outlines safeguards against telephone company monopolization of the cable service industry, including those: (1) requiring separate video programming subsidiaries for telephone companies; (2) allowing competitors attachment rights to telephone poles and conduits and rights-of-way within telephone company service areas; (3) prohibiting cross-subsidization between local telephone companies and affiliated video programming subsidiaries and marketing by a local telephone company of its subsidiary's video programming; and (4) subjecting local telephone companies to local cable franchise requirements. Requires local telephone companies which distribute affiliated video programming over a broadband communications system to provide video gateway services to facilitate user access to video programming. Exempts from the safeguards outlined above a carrier which provides video programming in rural areas with a population of 10,000 or below in which it also provides local exchange service. Requires periodic FCC evaluation of the effect of the provision of video programming by telephone companies on the video marketplace and recommendations to the Congress concerning any modifications needed as a result of such evaluation. Requires FCC and State rules and regulations to prevent consumers from paying more for telephone services as a result of their local telephone company's provision of video programming. Revises multiple cable franchise provisions. Requires an FCC report to the Congress regarding competition and consumer choice in the delivery of video programming and telephone services. Requires an FCC review of the rural exemption described above to determine how to expedite access to broadband multichannel video programming for all parts of the United States. Sets forth penalties for violations of the safeguards outlined above to prevent telephone company monopolization of the cable service industry.
United States · United States Congress · 5 June 1991
Expresses the sense of the House of Representatives that: (1) U.S. businesses engaged in the rebuilding of Kuwait should, to the maximum extent possible, use U.S. subcontractors and U.S. goods and services; and (2) the Department of Commerce should monitor and encourage the implementation of this policy.
United States · United States Congress · 4 June 1991
Ethics and Treatment of Home Medical Equipment Act of 1991 - Amends title XVIII (Medicare) of the Social Security Act to require the Secretary of Health and Human Services to establish certification standards for suppliers of durable medical equipment, ostomy bags, and supplies related to ostomy care under part B (Supplementary Medical Insurance) to assure patient safety and the availability of high-quality covered items. Requires such suppliers to meet such standards in order to be eligible for reimbursement from Medicare. Deems such suppliers accredited by the Joint Commission on the Accreditation of Healthcare Organizations or other appropriate accrediting entities to have met those standards. Prohibits carrier forum shopping. Modifies the prohibition against suppliers filling out certificates of medical necessity to make such prohibition applicable to items on the Secretary's list of potentially overused items. Prohibits physician referrals to durable medical equipment companies in which the referring physician has a financial relationship. Waives mandatory submission of claims provisions for nonparticipating suppliers of inexpensive items of durable medical equipment. Sets limits on the Medicare reimbursement cuts mandated under the Omnibus Budget Reconciliation Act of 1990 for covered items. Restores Medicare's monthly payment for rental cap items to ten percent per month for up to 12 months. Provides an up-front purchase option for rental cap items in instances where the item is needed for longer than 12 months at least 75 percent of the time or where the patient is in a severe condition recognized by the Secretary.
United States · United States Congress · 3 June 1991
Amends Federal highway provisions to allow longer combination vehicles (LCVs) to continue to operate only if the Secretary of Transportation determines that such vehicles were authorized by State statute or regulation conforming to Federal law and were in actual, continuing lawful operation on June 1, 1991. Specifies that: (1) all such operations shall continue to be subject to, at the minimum, all State statutes, regulations, limitations, and conditions, including routing-specific and configuration-specific designations and all other restrictions (statutes and restrictions), in force on June 1, 1991; and (2) nothing in this Act shall prevent any State from further restricting or prohibiting the operation of LCVs whose continued operation is authorized under such provisions, with exceptions. Directs the Secretary, within 60 days, to publish in the Federal Register a complete list of such State statutes and restrictions, which shall become final 60 days after publication. Bars LCVs from operating except as provided in such list. Sets forth analogous restrictions with respect to cargo carrying unit limitations under Federal transportation provisions.
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
Teacher Leadership Act of 1991 - Title I: Teacher Recruitment - Part A: University Partnerships for Classroom Leadership - Amends the Higher Education Act of 1965 (HEA) to create University Partnerships for Classroom Leadership. Authorizes the Secretary of Education (the Secretary) to make grants to qualifying institutions (including institutions with large enrollments of minority or disadvantaged and historically Black colleges or universities) to establish partnerships with local education agencies (LEAs) to support: (1) mentorship or tutoring programs; (2) cultural, recreational, or athletic activities; (3) programs of college students as teacher aides; (4) seminars or workshops to advise college students about child development, child psychology, teaching methods, or the teaching profession; and (5) other appropriate activities to establish a presence of minority role models in the classroom or encourage minority students to enter the teaching field. Requires equitable distribution of such grants throughout the Nation and among a variety of communities. Permits the use of grant funds for: (1) training of college students and professors and school teachers; (2) instructional or curriculum materials; (3) transportation or incidental costs associated with participation; and (4) any other appropriate expenses of planning, implementing, or operating the partnership with the LEA. Authorizes appropriations. Part B: Community Partnerships for Classroom Leadership - Creates a National Mini Corps Program for higher education institution partnerships with the migrant community. Authorizes the Secretary to award grants to such institutions to establish partnerships to provide certain migrant college students with training to help them serve as student or teacher role models, links to the community, and tutors and teachers of migrant children. Provides for equitable distribution of grants. Allows the use of grant funds for program planning, implementation, and operation, but limits the portion that may be used for administrative expenses. Authorizes appropriations. Part C: National Job Bank for Teacher Recruitment Study and Demonstration - Establishes a National Job Bank for Teacher Recruitment. Directs the Secretary, through the Office of Educational Research and Improvement (OERI), to study the feasibility of establishing: (1) a clearinghouse to operate a national teacher job bank; and (2) regional clearinghouses. Directs the Secretary, through OERI, to contract with one or more State entities, nonprofit organizations, or higher education institutions to pay the Federal share of costs of establishing a Teacher Job Bank Clearinghouse to help: (1) public and private education agencies locate qualified applicants for teaching-related positions; and (2) individuals locate teaching-related jobs or training necessary to enter the teaching profession. Authorizes appropriations. Title II: Broadening the Diversity of Skills and Expertise of Teachers - Part A: Business Partnerships for Classroom Leadership - Authorizes the Secretary to make grants to LEAs to establish model partnerships with business community representatives to sponsor programs for: (1) local business representatives to work with teachers to provide supplementary instruction in the classroom; (2) classroom teacher internships working in local businesses to gain practical experience or new skills or expertise; (3) local business representatives to work with school administrators to develop instructional material; and (4) other appropriate activities for forming a working relationship between business and classroom leaders. Provides for equitable distribution of grants. Gives priority to partnerships focusing on mathematics or science expertise of classroom teachers, particularly at the elementary level. Allows awards only to partnerships of sufficient size and scope to be models. Allows use of funds for partnership planning, implementation, and operation, but limits the portion which may be used for administrative costs. Authorizes appropriations. Part B: Teacher Certification and Licensure - Establishes Standards for Teacher Certification programs to provide Federal support and technical assistance to States to: (1) review their teacher certification and licensure requirements; and (2) determine what new standards or alternative routes need to be developed. Directs the Secretary to make State allotments based on population of children ages five through 17. Directs the Secretary to reserve a portion of funds to provide technical assistance to States which are developing new standards or alternative routes for teacher certification and licensure. Allows States to use assistance for review of existing standards and development of new standards and alternative routes for teacher certification and licensure. Allows States to carry out such activities directly or through grants to appropriate agencies, institutions, or organizations. Authorizes appropriations. Title III: Innovations in the Practice of Teaching - Part A: CLASS (Classroom Leaders Assisting Students to Succeed) Academies - Replaces professional development resource centers for teachers with CLASS (Classroom Leaders Assisting Students to Succeed) Academies. Directs the Secretary to award grants to LEAs, State educational agencies, higher education institutions, private management organizations, or nonprofit organizations, or consortia of such entities, to establish and operate a CLASS Academy in each State. Requires that special consideration in awarding grants be given to entities receiving Leadership in Educational Administration Development assistance which can meet specified requirements. Sets forth grantee obligations and general criteria for grants. Requires each grant to be for five years, with possible renewal for one additional five-year period. Allows the use of grant funds for: (1) developing and implementing preservice and in-service training programs and professional development activities for prospective and practicing teachers, including summer institutes; (2) providing support services, consultation, and technical assistance for school-based training and professional development activities; (3) disseminating information about Academy programs and the latest research findings on teaching and learning; and (4) other appropriate expenses related to development and implementation of teacher programs and activities and Academy operation. Authorizes appropriations. Directs the Secretary, from appropriations for this part for FY 1992 or any succeeding fiscal year, to make available a necessary amount for establishing and operating a CLASS Academy in each State. Sets the non-Federal matching amount at 25 percent of the award to a grantee in FY 1992, and 50 percent in succeeding fiscal years. Part B: Research, Evaluation, and Dissemination - Authorizes the Secretary to make grants to and contracts with higher education institutions and other public or private organizations for research and evaluation of alternative teaching strategies, including ones designed to reach particular student populations (such as those who are disadvantaged or who have disabilities or limited English proficiency), and innovative programs for teacher education and training. Authorizes appropriations. Directs the Secretary, through the National Diffusion Network, to disseminate information and technical assistance with respect to alternative teaching strategies to LEAs, higher education institutions' teacher training programs, and CLASS Academies. Authorizes appropriations.
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
Forests and Families Protection Act of 1991 - Title I: Establishing Long Term Program - Provides for the establishment of a long-term Bureau of Land Management (BLM) and Forest Service (FS) program to protect old growth forest, the Northern Spotted Owl, and other old growth associated species on areas of ecologically-significant old growth forest on State and Federal lands in Oregon, Washington, and Northern California selected for the Old Growth Forest Reserve to be established by the Secretaries of Agriculture and the Interior under this Act. Requires the Secretaries to: (1) submit the applicable land management plans for implementing such program for appropriate consultation required under the Endangered Species Act; and (2) review previously applied administrative constraints on resource uses on lands under their jurisdiction to minimize the impact on pre-existing land uses resulting from the establishment of the Reserve. Bars further acquisition of mineral and mining rights in the Reserve. Permits roads, structures, and motorized and nonmotorized recreation and access, and hunting and fishing in the Reserve where consistent with the requirements of this Act and other applicable law. Permits timber harvesting in certain limited circumstances and only if not proscribed for any Reserve area in the applicable forest plan. Title II: Ensuring the Effectiveness of Federal Land Planning - Amends the Federal Land Policy and Management Act of 1976 and the Forest and Rangeland Renewable Resources Planning Act of 1974 to provide additional guidance on the implementation, amendment, and revision of plans for Federal lands necessary to ensure the effectiveness of Federal land planning and that the applicable forest plans under title I of this Act and the protections which they afford the Old Growth Forest Reserve and associated species are implemented effectively. Title III: Providing An Interim Program - Provides for an interim program until the Reserve is established and applicable forest plans are adopted under title I of this Act with the same purposes as the long-term program, and for the provision of an adequate supply of timber on FS and BLM lands. Directs the Secretaries to establish an Old Growth Research Program (OGRP) to better understand and manage old growth forest ecosystems. Restricts timber sales, road construction, and mineral leasing on certain FS and BLM lands, including those within a certain radius of a Northern Spotted Owl nest site. Requires environmental impact statements on, and appropriate consultation for, the timber harvested from FS and BLM lands to ensure compliance with the National Environmental Policy Act and the Endangered Species Act. Provides for judicial review of agency decisions or actions under this title. Directs the Secretaries to publish in the Federal Register timber harvesting guidelines for Reserve areas based on OGRP work. Title IV: Economic Adjustment - Establishes the Timber Economic Adjustment Commission to provide Federal economic adjustment grants and benefit payments to the communities economically dependent on the timber on FS and BLM lands and the dislocated workers adversely affected by enactment of this Act. Outlines assistance eligibility criteria. Requires the Secretaries to notify the Commission of any Federal action likely to have a substantial impact on employment. Requires a final Commission report to the Congress and applicable State governors on economic conditions and employment in affected areas. Title V: Miscellaneous - Authorizes appropriations to carry out this Act.
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 · 22 May 1991
Expands the boundaries of Fort Necessity National Battlefield, Pennsylvania, to include the Boundary Expansion, Jumonville Glen Unit, Fort Necessity National Battlefield. Directs the Secretary of the Interior, acting through the Director of the National Park Service, to investigate archaeological sites in the vicinity of the Jumonville Glen Unit in order to locate and identify Dunbar's Camp. Authorizes the Secretary to further modify the boundaries of such Unit (to include additional lands within the battlefield, but not to exceed 30 acres), if necessary to preserve and interpret historic resources associated with the Camp.
United States · United States Congress · 20 May 1991
Farm Animal and Research Facilities Protection Act of 1991 - Amends title XIV of the Food Security Act of 1985 to add a new subtitle prohibiting (and establishing criminal penalties for) specified acts of destruction, theft, or damage to farm animal, research, and educational facilities. Directs the Secretary of Agriculture and the Attorney General to jointly conduct a study of the extent and effect of terrorism on animal research, production, and processing facilities. Grants jurisdiction for cases arising under these provisions to U.S. district courts. Establishes a private right of action.
![Official portrait of Rep. Murphy, Austin J. [D-PA-20]](https://www.congress.gov/img/member/m001088_200.jpg)