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 · 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
Unemployment Insurance Reform Act of 1991 - Title I: Federal Supplemental Compensation Program - Subtitle A: Establishment of Program - Establishes a Federal supplemental unemployment compensation program. Allows any State to enter into and participate in an agreement with the Secretary of Labor (the Secretary) under which the State agency which administers the State unemployment compensation law will make payments of Federal supplemental compensation: (1) to individuals who have exhausted all rights to regular compensation under State law, have no rights to such regular compensation or any additional State or Federal compensation, and are not receiving Canadian compensation; and (2) for any week of unemployment beginning in the individual's eligibility period. Sets forth provisions relating to exhaustion of regular benefits and weekly amount of supplemental benefits equal to regular benefits. Requires a State, under such an agreement, to establish a Federal supplemental compensation account with respect to the benefit year of each eligible individual who files an application. Limits benefit payments to not more than the amount in the individual's account. Sets forth formulas for determining the amount in such account. Provides that such amount shall be equal to the lesser of: (1) 100 percent of the total amount of regular compensation (including dependents' allowances) payable to the individual with respect to the most recent regular benefit year; or (2) the applicable limit times the average weekly benefit amount for the benefit year. Sets the applicable limit at: (1) 20 for an eight-percent period, i.e. one triggered by a total unemployment rate (TUR) of eight percent or more in the State, seasonally adjusted, for the most recent three months with available data; (2) 15 for a seven-percent period; and (3) ten for a six-percent period. Sets forth special rules relating to such applicable limits. Coordinates the Federal supplemental compensation program with the trade readjustment allowance program under the Trade Act of 1974. Sets forth general, special, and transitional rules for supplemental benefit periods, individual eligibility periods, State on and off indicators, and a temporary national trigger. Sets forth provisions for payments to States having such agreements for Federal supplemental compensation. Sets forth reachback provisions for certain individuals' eligibility for such benefits. Sets forth provisions relating to fraud and overpayments. Subtitle B: Repeal of Extended Program - Repeals the Federal-State Extended Unemployment Act of 1970, and references to the extended unemployment compensation program (established by such Act) in the Federal Unemployment Tax Act (FUTA) provisions of the Internal Revenue Code and in the Social Security Act (SSA). Title II: Modifications to Eligibility Provisions - Amends FUTA to limit the circumstances under which individuals may be disqualified for unemployment compensation under State law. Amends specified Federal law to repeal certain limitations on payment of unemployment compensation to former members of the Armed Forces. Reduces the length of the period of required active duty reserves to qualify for such payments. Amends FUTA to allow optional unemployment benefits for certain school employees, by making denial of such benefits discretionary rather than mandatory. Amends FUTA with respect to the treatment of certain determinations with respect to claims for unemployment compensation benefits under State law. Amends FUTA to require State agencies administering unemployment compensation to approve any training program involving classroom training, occupational skill training, basic or remedial education, or literacy or remedial English training, in the case of any individual who has received compensation under State law for ten weeks or more during the benefit year (thus allowing such individual to receive such compensation while participating in such training). Title III: Demonstration Program to Provide Job Search Assistance - Directs the Secretary to carry out a demonstration program to determine the feasibility of implementing job search assistance programs. Requires selection of three States to participate in such program, based on specified criteria. Requires that at least one of these States will replicate a prior successful demonstration project for job search assistance. Sets forth requirements for the program agreement with these States. Requires a job search assistance program, for purposes of this title, to: (1) require certain unemployment compensation recipients to participate in a qualified intensive job search program (the program) after receiving such compensation for ten weeks during any benefit year; (2) entitle such individuals to an intensive job search program voucher; and (3) disqualify those who do not satisfactorily participate in such program from receiving such compensation for a specified period. Makes such program requirements applicable to such recipients if, during a specified three-year period, they had at least 126 weeks of employment at wages of $30 or more a week with their last employer (or an equivalent amount computed under prescribed regulations). Sets forth exceptions to such program requirements and program qualifications. Provides that such vouchers entitle the organization (including the State employment service) providing the program to a payment from the State agency equal to the lesser of: (1) the reasonable costs of providing the program; or (2) the average weekly benefit amount in the State. Requires Federal payments from the supplemental compensation account to each participating State's account in the Unemployment Trust Fund in an amount equal to the payments made by the State agency for such program vouchers. Provides for payments on a calendar month basis, and for certification by the Secretary. Directs the Secretary to submit two interim reports and a final report to the Congress on the demonstraton program under this title. Title IV: Financing Reforms - Amends the Social Security Act (SSA) to provide for transfers of income taxes on unemployment benefits to the Unemployment Trust Fund. Modifies provisions for Federal unemployment accounts. Provides for an increase in quarterly credits for States with adequate balances. Provides for appropriate adjustments in transfers to the Federal unemployment account. Raises a ceiling on the supplemental compensation account. Provides for borrowing between Federal accounts, under specified circumstances, with respect to: (1) the employment security administration account; (2) the Federal unemployment account; or (3) supplemental compensation and reemployment assistance account. Directs the Secretary, within 12 months, to report to the Congress a proposal for revising the method of allocating grants among the States for administration of the unemployment insurance program. Prohibits the Secretary from revising such method until 12 months after such report is submitted to the Congress. Amends the SSA to establish an Advisory Council on Unemployment Compensation. Directs the Secretary to establish such a council by December 31, 1991, and every fifth year thereafter. Requires each such council to evaluate the unemployment compensation program. Sets forth membership and staff provisions. Requires each council to report to the Congress by October 1 of the year following the year in which is required to be established. Terminates each council after it submits its report. Title V: Budget Compliance Provisions - Subtitle A: Congressional Designation of Emergency - Designates the provisions of (and amendments made by) this Act as emergency requirements, pursuant to specified provisions of the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Subtitle B: Effect of Failure of President to Designate Emergency - Declares that specified provisions of this subtitle shall take effect only if the President does not, on the date of enactment, designate the provisions of (and amendments made by) this Act as emergency requirements under the Balanced Budget and Emergency Deficit Control Act of 1965. Amends Federal Unemployment Tax Act (FUTA) provisions of the Internal Revenue Code relating to the rate of the Federal unemployment tax. Modifies the formula for determining such rate to make such FUTA excise tax on employers equal to: (1) five and four-tenths percent of the total wages paid during the calendar year with respect to employment; and (2) a specified percentage of the total Federal taxable wages paid during the calendar year with respect to employment. (Provides that such percentage shall be lowered as it is phased-in, from 0.4 percent in 1993 to 0.2 percent in 1997 and thereafter.) Makes conforming modifications to credit provisions and tax computation provisions. Sets forth the applicable cost estimate of this Act for FY 1991 through 1995 for purposes of the Balanced Budget and Emergency Deficit Control Act of 1985. Provides, notwithstanding such cost estimate, for budgetary treatment under pay-as-you-go procedures. Sets forth findings relating to such treatment. Subtitle C: Additional Provisions - Exempts Federal supplemental compensation program payments under title I of this Act from any sequestration order issued under the Balanced Budget and Emergency Deficit Control Act of 1985 for FY 1992 or any succeeding fiscal year.
United States · United States Congress · 25 July 1991
Fairness in Product Liability Act of 1991 - Governs any product liability action brought in either State or Federal court against a manufacturer or product seller on any theory for harm caused by a product, superseding State law in specified ways and degrees. Makes a product seller liable only if the seller: (1) failed to exercise reasonable care regarding the product, and the failure was the proximate cause of the harm; (2) made an express warranty, independent of any express warranty by the manufacturer, the product failed to conform to the warranty and the failure caused the harm; or (3) engaged in international wrongdoing which was a proximate cause of the harm. Makes a product seller liable as if the seller were the manufacturer if: (1) the manufacturer is not subject to service of process under State laws; or (2) a court determines the claimant would be unable to enforce a judgment against the manufacturer. Allows, in certain circumstances, a complete defense of alcohol or controlled substance use. Reduces damages by the percentage of harm attributable to misuse or alteration of a product by any person, subject to exception involving misuse or alteration by the claimant's employer or coemployees. Allows punitive damages against a manufacturer or seller for conscious, flagrant indifference to user safety. Prohibits, in certain circumstances, punitive damages regarding a drug or device, as defined in the Federal Food, Drug, and Cosmetic Act, unless packaging of a drug is substantially out of compliance with tamper-resistant packaging regulations. Declares manufacturer or seller liability to be several and not joint for noneconomic damages. Requires a product liability action to be brought within two years after the harm and its cause is, or with reasonable diligence should have been, discovered. Sets the time limit at 25 years for products which are capital goods. Requires offset of workers' compensation benefits. Sets forth rules regarding subrogation, contribution, indemnity, and liens. Provides for tort actions against employers. Prohibits U.S. district courts from having jurisdiction under specified provisions of Federal law over any civil action arising under this Act.
United States · United States Congress · 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
California Desert Protection Act of 1991 - Title I: Wilderness Additions - Designates as additions to the National Wilderness Preservation System 77 wilderness areas within the California Desert Conservation Area (CDCA), the Yuma District, and the Bakerfield District of the Bureau of Land Management. Permits grazing in such areas. Prohibits the approval of any plan of operation prior to determining the validity of unpatented mining claims, mill sites, and tunnel sites affected by plans in such areas. States that non-designated areas within the CDCA have been adequately studied for inclusion in the System and releases them from otherwise applicable restrictions. Designates certain lands within the CDCA as the White Mountains Wilderness Study Area. Title II: Death Valley National Park - Establishes the Death Valley National Historic Park which subsumes the Death Valley National Monument. Withdraws the additional lands from further exploitation under the mining laws. Requires the Secretary of the Interior (the Secretary) to determine the validity of any unpatented mining claims, mill sites, and tunnel sites within such additional lands and whether the United States should acquire any mineral rights in such lands. Preserves grazing privileges on such lands for persons holding permits as of July 1, 1991. Terminates all grazing on July 1, 2016. Title III: Joshua Tree National Park - Establishes the Joshua Tree National Park which subsumes the Joshua Tree National Monument. Withdraws the additional lands from further exploitation under the mining laws. Requires the Secretary to determine the validity of any unpatented mining claims, mill sites, and tunnel sites within such additional lands and whether the United States should acquire any mineral rights in such lands. Continues the validity of certain rights-of-way of the Metropolitan Water District. Title IV: Mojave National Park - Establishes the Mojave National Monument which subsumes the East Mojave National Scenic Area. Withdraws Federal lands within the Monument from further exploitation under the mining laws. Requires the Secretary to determine the validity of any unpatented mining claims, mill sites, and tunnel sites within the Monument and whether the United States should acquire any mineral rights in such lands. Authorizes the Secretary to regulate mining in such Monument. Preserves grazing privileges on such lands for persons holding permits as of July 1, 1991. Terminates all grazing on July 1, 2016. Continues the validity of existing rights-of-way for specified activities. Directs the Secretary to submit a management plan for the Monument to the Senate Committee on Energy and Natural Resources and the House Committee on Interior and Insular Affairs. Designates the Granite Mountains Natural Reserve within the Monument. Authorizes the Secretary to construct a visitors' center and acquire lands. Title V: National Park Wilderness - Designates as wilderness the Death Valley National Park Wilderness, the Joshua Tree National Park Wilderness Additions, and the Mojave National Monument Wilderness. Title VI: Miscellaneous Provisions - Directs the Secretary to transfer Red Rock Canyon State Park Additions in the CDCA to California. Establishes the Desert Lily Sanctuary within the CDCA. Prohibits the Secretary and the Secretary of Agriculture from: (1) disposing of lands within the boundaries of any wilderness, park, or monument designated by this Act; (2) granting rights-of-way in lands within designated wilderness; and (3) making lands within such boundaries available for use by the Metropolitan Water District. Requires the Secretary to transfer certain Federal lands selected by the California State Lands Commission upon transfer to the United States of State school lands of equivalent value that are included in areas designated as wilderness and national parks under titles I through IV of this Act. Sets forth procedures for establishing fair market value. Creates the California Desert State Lands Credit Account in the event that the value of selected Federal lands is less than that of transferred State lands. Authorizes the Secretary to exchange Federal mineral interests in lands in California for private mineral interests in wilderness areas and national parks designated by this Act. Directs the Secretary to insure nonexclusive access to the wilderness areas, parks, and monument designated by this Act for traditional Indian cultural and religious purposes. Reserves Federal water rights for wilderness areas designated by this Act. Authorizes appropriations. Title VII: Definitions - Sets forth specified definitions.
United States · United States Congress · 17 July 1991
Urges the United States Trade Representative to initiate negotiations with South Africa in order to enter into a bilateral arrangement governing the importation of South African steel that is consistent with the steel trade liberalization program announced by the President on July 25, 1989.
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
Affirms the U.S. commitment to implement the recommendations contained in the Amsterdam Declaration adopted by the International Forum on Population in the Twenty-First Century, in particular the recommendations that countries and donors: (1) increase their political commitment to population programs and policies and take into account the principles of the World Population Plan of Action of 1974; (2) contribute to the development of comprehensive population goals and objectives and take into account the review of population experience conducted by the United Nations Population Fund; (3) adopt integrated population, environmental, and natural resource management policies; (4) provide the financial resources to reach the medium variant population projection by the year 2000; (5) improve the role and status of women and ensure that women participate in and benefit from population and development activities; (6) ensure that population programs provide education and counseling for young people and promote their participation in development activities; (7) guarantee all individuals the right to decide the number and spacing of their children and ensure that they have the information and means to do so; (8) take into account the results of the Forum in the formulation of international development strategies for specified United Nations conferences; (9) support research for family planning and expedite distribution of existing methods; (10) respond positively to requests for population assistance and increase the proportion of development assistance going to population activities; (11) observe the priorities of, and harmonize, donor financial inputs and program procedures; and (12) coordinate population assistance with other donors. Urges all entities referred to in the Declaration to implement applicable recommendations. Sets forth the text of the Declaration.
United States · United States Congress · 10 July 1991
Unemployment Insurance Reform Act of 1991 - Title I: Federal Supplemental Compensation Program - Subtitle A: Establishment of Program - Establishes a Federal supplemental unemployment compensation program. Allows any State to enter into and participate in an agreement with the Secretary of Labor (the Secretary) under which the State agency which administers the State unemployment compensation law will make payments of Federal supplemental compensation: (1) to individuals who have exhausted all rights to regular compensation under State law, have no rights to such regular compensation or any additional State or Federal compensation, and are not receiving Canadian compensation; and (2) for any week of unemployment begining in the individual's eligibility period. Sets forth provisions relating to exhaustion of regular benefits and weekly amount of supplemental benefits equal to regular benefits. Requires a State, under such an agreement, to establish a Federal supplemental compensation account with respect to the benefit year of each eligible individual who file an application. Limits benefit payments to not more than the amount in the individual's account. Sets forth formulas for determining the amount in such account. Provides that such amount shall be equal to the lesser of: (1) 100 percent of the total amount of regular compensation (including dependents' allowances) payable to the individual with respect to the most recent regular benefit year; or (2) the applicable limit times the average weekly benefit amount for the benefit year. Sets the applicable limit at: (1) 26 for an eight-percent period, i.e. one triggered by a total unemployment rate (TUR) of eight percent or more in the State, seasonally adjusted, for the most recent three months with available data; (2) 15 for a seven-percent period; and (3) ten for a six-percent period. Sets forth special rules relating to such applicable limits. Coordinates the Federal supplemental compensation program with the trade readjustment allowance program under the Trade Act of 1974. Sets forth general, special, and transitional rules for supplemental benefit periods, individual eligibility periods, State on and off indicators, and a temporary national trigger. Sets forth provisions for payments to States having such agreements for Federal supplemental compensation. Sets forth reachback provisions for certain individuals' eligibility for such benefits. Sets forth provisions relating to fraud and overpayments. Subtitle B: Repeal of Extended Program - Repeals the Federal-State Extended Unemployment Act of 1970, and references to the extended unemployment compensation program (established by such Act) in the Federal Unemployment Tax Act (FUTA) provisions of the Internal Revenue Code and in the Social Security Act (SSA). Title II: Modifications to Eligibility Provisions - Amends FUTA to limit the circumstances under which individuals may be disqualified for unemployment compensation under State law. Amends specified Federal law to repeal certain limitations on payment of unemployment compensation to former members of the Armed Forces. Reduces the length of the period of required active duty by reserves to qualify for such payments. Amends FUTA to allow optional unemployment benefits for certain school employees, by making denial of such benefits discretionary rather than mandatory. Amends FUTA with respect to the treatment of certain determinations with respect to claims for unemployment compensation benefits under State law. Amends FUTA to require State agencies administering unemployment compensation to approve any training program involving classroom training, occupational skill training, basic or remedial education, or literacy or remedial English training, in the case of any individual who has received compensation under State law for ten weeks or more during the benefit year (thus allowing such individual to receive such compensation while participating in such training). Amends FUTA to modify the base period, in certain circumstances, for purposes of individual eligibility for unemployment compensation under State law. Title III: Demonstration Program to Provide Job Search Assistance - Directs the Secretary to carry out a demonstration program to determine the feasibility of implementing job search assistance programs. Requires selection of three States to participate in such program, based on specified criteria. Requires that at least one of these States replicate a prior successful demonstration project for job search assistance. Sets forth requirements for the program agreement with these States. Requires a job search assistance program, for purposes of this title, to: (1) require certain unemployment compensation recipients to participate in a qualified intensive job search program (the program) after receiving such compensation for ten weeks during any benefit year; (2) entitle such individuals to an intensive job search program voucher; and (3) disqualify those who do not satisfactorily participate in such program from receiving such compensation for a specified period. Makes such program requirements applicable to such recipients if, during a specified three-year period, they had at least 126 weeks of employment at wages of $30 or more a week with their last employer (or an equivalent amount computed under prescribed regulations). Sets forth exceptions to such program requirements and program qualifications. Provides that such vouchers entitle the organization (including the State employment service) providing the program to a payment from the State agency equal to the lesser of: (1) the reasonable costs of providing the program; or (2) the average weekly benefit amount in the State. Requires Federal payments from the supplemental compensation account to each participating State's account in the Unemployment Trust Fund in an amount equal to the payments made by the State agency for such program vouchers. Provides for payments on a calendar month basis, and for certification by the Secretary. Directs the Secretary to submit two interim reports and a final report to the Congress on the demonstration program under this title. Title IV: Worker Adjustment Assistance Program for Certain Dislocated Workers - Subtitle A: General Provisions - Allows any State to enter into and participate in an agreement with the Secretary under which: (1) the State agency will make payments of worker adjustment assistance; and (2) the State law applicable to regular unemployment compensation claims and payments will apply to such worker adjustment assistance, except where inconsistent with this subtitle or the regulations of the Secretary. Allows States to terminate such agreements upon providing 30 days' written notice to the Secretary. Authorizes the Governor of any State which is party to such an agreement to submit to the Secretary an application for designation of one or more counties in the State as eligible for such worker adjustment assistance program. Directs the Secretary, within a specified period, to certify a county as eligible for participation in such program upon determination that workers in the county have (or are substantially threatened to) become totally or partially separated from their employment due in part to: (1) any action pursuant to the Endangered Species Act of 1973; or (2) any closure or realignment of a military installation pursuant to the Defense Authorization Amendments and Base Closure and Realignment Act. Requires payment of a basic adjustment allowance to any worker covered by such county certification, if specified conditions are met, relating to adversely affected employment, long-term prior employment, and exhaustion of rights to any other unemployment compensation. Sets the weekly and maximum amounts of such basic adjustment allowance. Entitles each worker receiving such a basic adjustment allowance to a job search allowance and a relocation allowance, of specified limited amounts. Provides for: (1) payments to States by transfers from the worker adjustment assistance account; and (2) program administration. Directs the Secretary to prescribe any regulations necessary to carry out this subtitle. Subtitle B: Financing Provisions - Amends the Social Security Act (SSA) to establish a worker adjustment assistance account in the Unemployment Trust Fund (the Fund). Directs the Secretary of the Treasury to transfer a specified amount to such account from the supplemental compensation account. Requires that amounts in such account be available for transfer to the accounts of States in the Fund to make payments of worker adjustment assistance. Title V: Financing Provisions - Subtitle A: Modifications to Federal Unemployment Tax - Amends FUTA provisions related to the rate of the Federal unemployment tax. Modifies the formula for determining such rate to make such FUTA excise tax on employers equal: (1) five and four-tenths percent of the total wages paid during the calendar year with respect to employment; and (2) a specified percentage of the total Federal taxable wages paid during the calendar year with respect to employment. (Provides that such percentage shall be lowered as it is phased-in, from 0.4 percent in 1993 to 0.2 percent in 1997 and thereafter.) Makes conforming modifications to credit provisions and tax computation provisions. Subtitle B: Financing Reforms - Amends the SSA to provide for transfers of income taxes on unemployment benefits to the Unemployment Trust Fund. Modifies provisions for Federal unemployment accounts. Provides for an increase in quarterly credits for States with adequate balances. Provides for appropriate adjustments in transfers to the Federal unemployment account. Increases a ceiling on the supplemental compensation account. Provides for borrowing between Federal accounts, under specified circumstances, with respect to: (1) the employment security administration account; (2) the Federal unemployment account; or (3) supplemental compensation and reemployment assistance account. Directs the Secretary, within 12 months, to report to the Congress a proposal for revising the method of allocating grants among the States for administration of the unemployment insurance program. Prohibits the Secretary from revising such method until 12 months after such report is submitted to the Congress. Amends the SSA to establish an Advisory Council on Unemployment Compensation. Directs the Secretary to establish such a council by December 31, 1991, and every fifth year thereafter. Requires each such council to evaluate the unemployment compensation program. Sets forth membership and staff provisions. Requires each council to report to the Congress by October 1 of the year following the year in which is required to be established. Terminates each council after it submits its report. Title VI: Budget Compliance Provisions - Sets forth the applicable cost estimate of this Act for FY 1991 through 1995 for purposes of specified provisions of the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Provides, notwithstanding such cost estimate, for budgetary treatment under pay-as-you-go procedures. Exempts Federal supplemental compensation program payments under title I of this Act from any order issued under part C of the Balanced Budget and Emergency Deficit Control Act of 1985 for FY 1992 or any succeeding fiscal year.
United States · United States Congress · 27 June 1991
Directs the Administrator of the General Services Administration to provide for the installation of bicycle racks or lockers at each Federal office building.
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
Cigarette Export Labeling Act - Requires cigarettes being exported to bear the Surgeon General's warnings required by the Federal Cigarette Labeling and Advertising Act. Makes it unlawful to advertise abroad any cigarette without the Surgeon General's warnings required by the Act. Repeals provisions of the Act exempting from the warning requirements cigarettes for: (1) export; or (2) delivery to a vessel or aircraft for consumption beyond the jurisdiction of U.S. internal revenue laws.
United States · United States Congress · 26 June 1991
Cigarette Export Reform Act - Prohibits appropriated funds from being used by any Federal employee or agency to seek through negotiation the removal or reduction of any restrictions imposed by a foreign country on the marketing of its tobacco products. Requires the inclusion, with regard to any cases that involve unfair trade practices by foreign countries with respect to tobacco products, of representatives of the Department of Health and Human Services in the Trade Policy Staff Committee, the Trade Policy Review Group, and the Economic Policy Council as members of the Section 301 Committee.
United States · United States Congress · 25 June 1991
Amends the Defense Authorization Amendments and Base Closure and Realignment Act and the Defense Base Closure and Realignment Act of 1990 to direct the Secretary of Defense, after notifying all departments and instrumentalities within the Department of Defense of the availability of real property and facilities to be closed or realigned, to notify the Attorney General of the availability of such property. Requires the Secretary to transfer such property or facility to the Bureau of Prisons if the Attorney General certifies that such property will be used primarily in the incarceration of prisoners convicted of controlled substances offenses and that such property is essential to Bureau program objectives. Provides identical procedures to be followed by the Secretary for any real property or facility of the Department located at any military installation to be closed or realigned other than under the above Acts.
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 · 5 June 1991
National Child Abuser Registration Act of 1991 - Authorizes a State child abuse information repository (State repository) to report child abuser information to the National Crime Information Center. Directs the Attorney General to establish guidelines for the reporting of such information. Specifies that such guidelines shall require that: (1) a reporting State ensure that reports of all convictions under the criminal child abuse law of the State are maintained by a State repository; and (2) a State repository maintain close liaison with the National Center on Child Abuse and Neglect and the National Center for Missing and Exploited Children for the exchange of information and technical assistance in cases of child abuse. Requires the Attorney General to publish an annual statistical summary of the child abuser information reported under this Act. Makes compliance with this Act a condition to the receipt by a State of any grant, cooperative agreement, or other assistance under the Victims of Crime Act and the Child Abuse Prevention and Treatment Act.
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 · 3 June 1991
Customs Informed Compliance and Automation Act of 1991 - Title I: Improvements in Customs Enforcement - Amends Federal Law with respect to administrative rulemaking and procedure with respect to U.S. customs laws. Amends the Tariff Act of 1930 (the Act), with respect to unlawful acts, to cover forged, altered, false documents papers or manifests in electronic or other form as well as written. Permits the master of a vessel, person in charge of a vehicle, or aircraft pilot, in order to avoid a civil penalty and seizure and forfeiture of merchandise imported into the United States, to comply with reporting requirements by electronic or other means as well as written. Provides for: (1) accreditation of private testing laboratories; (2) regulatory audit procedures; and (3) avoidance of protest and protest review denials. Repeals a provision of the Act relating to the reliquidation of merchandise where there is probable cause it is fraudulently imported into the United States. Prohibits any person through fraud, gross negligence, or negligence from importing merchandise by means of electronically transmitted data or information which is material and false. Provides as an exception to such prohibition inadvertences which result from electronic transmissions unless they are part of a pattern of negligent conduct. Defines "clerical errors" or "mistakes of fact" to include nonintentional entry of merchandise otherwise then in accordance with a binding ruling of the Customs Service to the person making entry. Declares that mere repetition of such clerical errors, mistakes of fact or other inadvertences throughout an import activity summary statement, other electronic transmissions or in connection with other entries, shall not constitute a pattern of negligent conduct. Defines fraud, gross negligence, and negligence with respect to customs violations. Exempts from certain forfeiture and seizure sanctions for unlawful importation, instances in which article owners are liable for penalties for the falsity or lack of manifests, or for unlading duties. Authorizes the: (1) seizure or forfeiture of prohibited merchandise (currently, any merchandise) that is imported or attempted to be imported into the United States contrary to law; and (2) denial of entry of restricted merchandise imported or attempted to be imported into the United States contrary to law (except that any such merchandise imported by fraud, gross negligence, or negligence may be seized and forfeited). Defines "prohibited merchandise" and "restricted merchandise." Provides for a five year statute of limitations on actions to recover duties accruing under the customs laws. Sets forth certain publishing requirements with respect to: (1) the promulgation and modification of interpretive rulings or decisions; (2) decisions limiting the application of a court decision; and (3) public information necessary for importers and exporters to comply with the customs laws. Title II: National Customs Automation Program - National Customs Automation Act - Subtitle A: General Program Provisions - Establishes the National Customs Automation Program for the modernization of customs laws, regulations, and procedures to permit the transmission, on a periodic basis, by electronic and other means, of information and payments associated with the entry and release of merchandise into the United States. Requires the Customs Service to implement the Program within one year of enactment of this Act and to report to the Congress within one year of such implementation. Makes participation of importers in the Program optional. Requires the Customs Service to apply all regulations and rulings with regard to the Program in a manner which is consistent and nonintrusive upon the normal flow of business activity. Subtitle B: Amendments to Implement Program - Amends the Tariff Act of 1930 to revise the method for determining the effective date with respect to the imposition of duties on imported merchandise. Provide for electronic data transmission relating to: (1) merchandise manifests; (2) imported merchandise invoices; (3) entry and release of imported merchandise; (4) admissibility in administrative and judicial proceedings of electronically transmitted information; (5) the payment of duties; (6) administrative recordkeeping; (7) protests of Customs Service decisions; (8) refunds and errors; and (9) customhouse brokers. Repeals specified provisions of the Act relating to: (1) production of bills of lading; (2) certification by owner of carrier; (3) acceptance of duplicate bills of lading; and (4) release of merchandise. Requires the Customs Service to complete, within one year of enactment of this Act, implementation of the National Customs Automation Program. Declares that the documentation or information required with respect to imported merchandise shall be filed with the Customs Service: (1) in advance of the arrival of such merchandise, or (as currently) at the time of entry or within ten working days after entry; and (2) periodically, with the approval of the Commissioner of Customs, by transmitting a monthly activity report within ten working days after entry; and (2) periodically, with the approval of the Commissioner of Customs, by transmitting a monthly activity report within 15 working days following the end of the month in which the entry was made. Requires an import activity summary statement which incorporates such monthly reports to be transmitted thereafter to the Service at specified intervals. Requires the Customs Service to liquidate the entry of merchandise (as under current law) or reconcile an import summary statement. Declares certain limitations on the liquidation of merchandise shall not apply to entries that are subject to an import activity summary statement. Deems any such statement not reconciled within one year from its filing to be reconciled at rates of duty, values, quantities, and amount of duty contained in the statement. Authorizes the Secretary to refund duties whenever it is determined on reconciliation or revision of reconciliation of such statements that more money has been deposited or paid as duties than was required by law. Title III: Miscellaneous Amendments to the Tariff Act of 1930 - Amends the Act to authorize the Secretary to disregard the difference, but not less than $20 (currently ten dollars), between the total estimated duties deposited with respect to imported merchandise and the total amount actually due on such merchandise. Authorizes the Secretary to admit duty-free: (1) gifts from persons in foreign countries to persons in the United States whose value does not exceed $100 (currently, $50), or $200 (currently, $100) in the case of gifts from persons in the Virgin Islands, Guam, and American Samoa; (2) articles accompanying persons for personal or household use whose value does not exceed $200 (currently, $25); or (3) articles whose value does not exceed $200 (currently, five dollars) in other cases. Authorizes the Secretary to waive collection of duties due on merchandise that are less than $20, or such greater amount as the Secretary may prescribe. Requires masters of vessels that have visited a hovering vessel or received merchandise while outside the U.S. territorial sea to report their arrival to the nearest customs facility. Provides for the electronic transmission of vessel documentation to the Customs Service. Requires the following vessels to report to the nearest Customs Service facility within 48 hours after arrival to a U.S. port: (1) vessels from a foreign port; (2) foreign vessels from a domestic port; (3) U.S. vessels having bonded or foreign merchandise for which entry has not been made; or (4) vessels which visited a hovering vessel or received merchandise outside the U.S. territorial sea. Permits masters of vessels to make preliminary entry of their vessel with the Customs Service in lieu of or before formal entry is made. Requires U.S. and foreign vessels to obtain clearance from the Customs Service before proceeding from a U.S. port for: (1) a foreign port; (2) another U.S. port (for foreign vessels only), or (for U.S. vessels only) another U.S. port if the vessel has bonded or foreign merchandise for which entry has not been made; or (3) outside the U.S. territorial sea to visit a hovering vessel or to receive merchandise. Exempts from entry and clearance requirements U.S. documented vessels with recreational endorsement or (as under current law) undocumented U.S. pleasure vessels not engaged in trade, except such vessels must comply upon arrival with specified customs reporting requirements and navigation laws and must not have visited any hovering vessel. Prohibits merchandise, passengers, or baggage from being unladen from any vessel required to make entry or vehicle required to report its arrival until such entry or report of arrival is made and a permit for unlading has been issued by the Customs Service. Authorizes the issuance of such permits through electronic data transmission. Requires every importer of record of merchandise to make and file electronically or otherwise a declaration stating whether such merchandise is imported pursuant to a purchase or purchase agreement and that all other required documents are true and correct. Provides for electronic data transmission of entry information to complete any incomplete entry of imported merchandise. Declares entered or unentered merchandise that remains in customs custody for six months, with an extension at the importer's request of up to a year (currently, for merchandise that remains in custody for one year), and in which duties, taxes, fees, storage, and other charges have not been paid, to be unclaimed merchandise which shall be appraised and sold by the Customs Service at public auction. Authorizes the sale of imported gunpowder and other explosive merchandise that if permitted to remain in a bonded warehouse for six months (currently, one year) would depreciate in value to the extent that its sale is insufficient to pay such duties, taxes, fees, storage, and other charges. Authorizes the Customs Service, in lieu of sale, to provide notice to interested parties that, unless, within 30 days of such notice, the subject merchandise is entered or withdrawn for consumption and payment made of all duties, taxes, and fees, transfer and storage charges and other expenses that title to such merchandise shall be deemed to vest in the United States. Authorizes the Secretary to pay to a party that has lost a substantial interest in merchandise by virtue of title vesting in the United States, and can establish that it did not receive a vesting notice, an amount from the Customs Forfeiture Fund equal to what such party would have received if such merchandise had been sold and a proper claim filed. Requires any surplus of the proceeds from the sale of such merchandise to be deposited into the Fund if a claim for such surplus is not filed with the Customs Service. Authorizes the Secretary to prescribe regulations for the declaration and entry of merchandise whose value does not exceed a certain amount, not less than $2,500 (currently not greater than $1,250), and/or when different commercial facilitation and risk considerations that may vary for different classes or kinds of merchandise or different classes of transactions may dictate. Directs the Secretary to promulgate procedures for the issuance of binding classification rulings issued prior to entry of merchandise which obligate the importer whose entry is the subject of such ruling, or his authorized agent, and the Customs Service to enter such merchandise in accordance with such ruling. Authorizes the Secretary to direct any customs officer to: (1) go from one port of entry to another to appraise or classify merchandise imported at any port; and (2) review entries of such merchandise at any other port. Repeals the declaration that no customs duty ruling of the Secretary shall be reversed or modified adversely to the United States except in concurrence with the Attorney General's recommendation or the final decision of certain international bodies. Revises provisions of the Act with respect to allowances made in the estimation and liquidation of duties for imported merchandise that has been abandoned or damaged. Provides for electronic filing of invoiced descriptions and vessel information to the Customs Service with respect to imported fruit or other perishable merchandise that has been condemned at a port of entry. Prohibits a customs officer from being liable to any person: (1) on account of any fees and taxes charged or collected on merchandise; or (2) with respect to the delivery of merchandise released from Customs custody. Makes the Customs Service liable for merchandise lost or damaged while in its custody. Requires the Secretary upon seizure and forfeiture of imported merchandise bearing a counterfeit mark to dispose such merchandise more than 90 days (currently, one year) after such forfeiture. Requires the Customs Service to be reimbursed for the administrative costs and expenses incurred in collecting fees on behalf of other Federal agencies. Authorizes withdrawal of imported merchandise from a warehouse for transfer to a foreign trade zone. Subjects to specified civil penalties the master of a hovering vessel, or a vessel which has received merchandise while outside the U.S. territorial sea who allows merchandise (including sea stores): (1) to be unladen from such vessel before it has come to the proper place to discharge and before such master has received permission to unlade such merchandise; and (2) which is prohibited from being imported, or which consists of spirits, wines, or other alcoholic liquors, to be unladen from such vessel while at sea to be transshipped to another vessel for introduction into the United States. Authorizes the Customs Service to order the destruction or other appropriate disposition of vessels, vehicles, aircraft, merchandise, or baggage that has been seized under the customs laws if it determines that the expense of keeping such items is disportionate to their value (currently applies only to items of less than $1,000 in value).
United States · United States Congress · 3 June 1991
Directs the Secretary of Health and Human Services to establish and operate a demonstration project under which participating suppliers may sell to Medicare (title XVIII of the Social Security Act) beneficiaries certain items of durable medical equipment other than the standard versions for which payment may be made under part B (Supplementary Medical Insurance) of Medicare provided that the beneficiary agrees to pay the difference between the amount charged for the item and the amount Medicare will pay for its standard version.
United States · United States Congress · 23 May 1991
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) reversing gross violations of human rights; (2) terminating religious persecution in China and Tibet; (3) removing restrictions on freedom of the press and on broadcasts by the Voice of America; (4) terminating harassment of Chinese citizens in the United States, including the refusal to return or renew passports as retribution for prodemocracy activities; (5) ensuring access of international human rights monitoring groups to prisoners; (6) ensuring freedom from torture and inhumane prison conditions; (7) terminating prohibitions on peaceful demonstrations; (8) prohibiting forced labor in the production of exports; and (9) taking other action to promote improvement in the observance of internationally recognized human rights. Requires the President, in deciding whether to recommend such extension, to take into account: (1) the economic and political effects that such extension, or its absence, may have on Hong Kong; and (2) the extent to which China has moderated its position on the accession of Taiwan to the General Agreement on Tariffs and Trade. 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 · 23 May 1991
Federal Energy Savings Incentives Act of 1991 - Amends the National Energy Conservation Policy Act to direct the Secretary of Energy (the Secretary) to designate additional energy performance goals for each Federal agency for the years 1996 through 2000 so that Federal building energy consumption during FY 2000 is at least 20 percent less than that during FY 1985. Requires the head of each Federal agency (except the Department of Defense) to provide that two-thirds of the portion of its annual fiscal year appropriations which is equal to the energy cost savings the agency realized during such fiscal year shall remain available for obligation through the end of the following fiscal year, without additional authorization or appropriation. Directs the Secretary to permit each agency to participate in gas or electric utility incentive programs for either the management of electricity demand or for energy conservation. Grants the Secretary authority to permit the agencies to accept utility energy incentives to adopt technologies and practices that are cost-effective for the Federal Government. Directs the Secretary to adopt a simplified contracting method for shared energy savings contract services that will expedite their use with respect to Federal agencies, and will reduce the Federal administrative effort and cost. Sets forth implementation guidelines. Requires the President to submit to the Congress simultaneously with submission of the budget a statement of the amount of appropriations requested on an individual agency basis for: (1) utility fuel costs; and (2) compliance with specified Federal laws and regulations. Authorizes appropriations.
United States · United States Congress · 14 May 1991
Dayton Aviation Heritage National Historic Preservation Act of 1991 - Title I: Dayton Aviation Heritage National Historical Park and Wright-Dunbar Historic Preservation District - Establishes the Dayton Aviation Heritage National Historical Park as a unit of the National Park System, and the Wright-Dunbar National Historic Preservation District (both located in Ohio). Requires the Commission established by this Act to administer the preservation district. Directs the Secretary of the Interior, with the advice of the Commission, to prepare and submit to the Congress a general management plan for the park. Sets forth provision for the headquarters of the park, a visitors' center, an interpretive center, and a memorial. Title II: Dayton Historic Preservation Commission - Establishes the Dayton Historic Preservation Commission to administer the preservation district to enhance and protect areas that have a direct effect on the operation of the park. Terminates the Commission on January 1, 2004. Requires the Commission to submit to the Secretary a preservation and development plan to be submitted to the Congress upon the Secretary's approval. Authorizes the Secretary to make funds available to the Commission before such plan is approved, upon request. Authorizes the Commission to make loans, grants, provide historical and cultural programs, and to provide technical assistance to carry out its functions under this Act. Title III: General Provisions - Authorizes the Secretary to acquire easements: (1) within the park and preservation district; and (2) for an interurban or bicycle and pedestrian transportation link. Authorizes appropriations.
United States · United States Congress · 9 May 1991
Amends the Internal Revenue Code with regard to foreign base company income to provide a special rule for U.S.-owned businesses operating in the European Community (which includes Belgium, Denmark, France, Greece, the Irish Republic, Italy, Luxembourg, The Netherlands, Portugal, Spain, the Federal Republic of Germany, and the United Kingdom).
United States · United States Congress · 2 May 1991
Federal Facilities Compliance Act of 1991 - Amends the Solid Waste Disposal Act to waive the sovereign immunity of the United States for purposes of enforcing Federal, State, interstate, and local requirements with respect to solid and hazardous waste management. Absolves Federal employees from personal liability for civil penalties under any Federal or State solid or hazardous waste law if the act or omission was within the scope of official duties. Makes such employees subject to criminal sanctions under such laws. Prohibits Federal agencies from being subject to such sanctions. Authorizes the Administrator of the Environmental Protection Agency to commence an administrative enforcement action against any Federal agency pursuant to the authorities of the Solid Waste Disposal Act. Requires fines collected by States from the Federal Government for violations of hazardous and solid waste management requirements to be used only for projects to improve or protect the environment or to defray the costs of environmental protection or enforcement.
United States · United States Congress · 1 May 1991
Expedited Consideration of Proposed Rescissions Act of 1991 - Amends the Congressional Budget and Impoundment Control Act of 1974 to require a special message, in the case of budget authority proposed to be rescinded or reserved, to include language amending the law authorizing such programs to allow them to continue to function at the proposed new level of budget authority. Allows the President to transmit to both Houses of the Congress, for expedited consideration, one or more special messages proposing to rescind all or part of any item of budget authority provided in an appropriation bill. Requires that such special message be transmitted not later than three days after the President approves the appropriation bill and be accompanied by a draft bill or joint resolution that would, if enacted, rescind the budget authority proposed to be rescinded. Sets forth House and Senate procedures for the expedited consideration of such a proposal.
United States · United States Congress · 25 April 1991
Bicycle and Pedestrian Transportation Improvement Act of 1991 - Requires States to obligate not less than three percent of the funds apportioned for Federal-aid highway systems for bicycle transportation and pedestrian walkways. Increases the obligation ceilings from $4,500,000 to $10,000,000. Allows the Secretary of Transportation to require States to acquire rights-of-ways reasonably necessary for bicycle and pedestrian facilities. Prohibits the Secretary from approving Federal-aid system projects, including bridge projects, that will result in the severance, reduction, or destruction of an existing or potential route for nonmotorized transportation traffic and light motorcycles, unless such project provides a reasonable alternative route or such route exists. Requires the Secretary to cooperate with State and local officials in developing transportation plans that include development of nonmotorized modes of transportation. Requires States to survey all public roads to identify hazardous locations which may constitute a danger to bicyclists and to correct such locations. Permits the use of motorized wheelchairs and electric golf carts on trails and walkways, when State and local regulations allow. Requires appointed members of the National Highway Safety Advisory Committee of the Department of Transportation to be selected from, among others, organizations representative of bicyclists and pedestrians.
United States · United States Congress · 25 April 1991
Federal Recycling Incentive Act - Amends the Solid Waste Disposal Act to direct the Administrator of General Services to: (1) establish, and periodically modify, a program requiring each Federal department, agency, or instrumentality to separate and collect solid waste (including high-grade paper, newspapers, aluminum, bottles, and containers) for recycling; (2) establish and implement a system for monitoring and enforcing the provisions of this Act; and (3) report periodically to the Congress as to the extent of compliance for the preceding 12-month period. Authorizes any such entity to retain any moneys received from the sale of such waste for use in carrying out its functions. Authorizes appropriations.
United States · United States Congress · 24 April 1991
Young American Workers' Bill of Rights - Amends the Fair Labor Standards Act of 1938 (the Act) to add and revise requirements relating to child labor standards. Directs the Secretary of Labor (the Secretary) and the Census Bureau to compile annual data from State employment security agencies on types of industries and occupations employing individuals under age 18, and cases of violations of child labor standards. Requires employers employing individuals under 18 to report to such State agencies information on any lost-time injury or any illness such individual incurred while at work. Directs the Secretary of Health and Human Services, in conjunction with the Secretary, to report annually on the status of child labor in the United States and its attendant safety and health hazards. Prohibits employment of any individual under age 18 who is not a high school graduate unless the employer has in effect a certificate for such employment issued annually with the approval of the minor's parents or guardians, family physician, and appropriate local school officials. Sets forth conditions for issuance of such certificates. Requires the State agency to provide a copy of such certificate to the parents or guardians and the local school district. Requires employers to post child labor law provisions at each premise where child labor is employed. Requires State agencies to report annually to the Secretary on such certificates. Directs the Secretary to revise certain child labor orders relating to: (1) certain types of driving; and (2) use and cleaning of machinery at restaurants and fast food establishments. Directs the Secretary to find and declare that poultry processing, seafood processing, paper bailing, power-driven meat slicing, and pesticide handling are particularly hazardous for employment of children between the ages of 16 and 18, for certain purposes under the Act. Revises a specified child labor regulation to: (1) prohibit individuals under 16 from making door-to-door sales for profit, or from using fryers, baking equipment, and cooking equipment in food service establishments; and (2) eliminate an exemption involving soda fountains, lunch counters, snack bars, or cafeteria serving counters. Increases the fine for certain child labor law violations. Adds criminal penalties of fines or imprisonment for willful violations of child labor laws in cases of: (1) repeat offenders; or (2) resultant serious bodily injury or death to the minor employee. Provides that a prior offense is not a prerequisite for imprisonment for willful violations of child labor provisions. Makes willful violators of child labor provisions who are repeat offenders ineligible: (1) for any direct or indirect Federal grant, contract, or loan, for five years after determination; and (2) to pay a special training wage below the minimum wage rate Provides for civil actions for child labor violators. Makes violators liable for appropriate legal or equitable relief. Directs the Secretary to establish and encourage closer working relationships among Federal and State agencies responsible for enforcing labor, safety and health, and immigration laws. Requires establishment of referral systems among Federal and State labor standards and occupational health and safety enforcement personnel, and of those personnel with Immigration and Naturalization Service enforcement personnel. Directs the Secretary to: (1) seek advice from the private and non-Federal public sectors on the Act and its regulations relating to employment of minors; and (2) establish an Advisory Committee for Child Labor for such purpose. Directs the Secretary to: (1) publish and distribute regionally the addresses, and types of violations of willful violators of child labor laws; and (2) post and otherwise make available to affected school districts the name of each violator of child labor laws, with the location and nature of the violation. Applies certain child labor law provisions of the Act to employers regardless of the annual dollar volume of sales whereby certain enterprises are exempted from coverage under the Act. Prohibits, under the definition of oppressive child labor, employing any person under the age of 14 as a migrant or seasonal agricultural worker. Directs the Secretary to issue regulations to carry out this Act. Authorizes appropriations to the Secretary to cover additional costs resulting from the reporting, and recordkeeping and the penalty enforcement requirements of this Act.
United States · United States Congress · 24 April 1991
Antarctica Tourism Act of 1991 - Directs the Under Secretary of Commerce for Travel and Tourism to issue regulations applicable to tour operators and tourists traveling to Antarctica to prevent or minimize harmful effects from tourism on: (1) native mammals, birds, and plants and the living conditions of such mammals and birds; (2) the scientific value of Antarctica; and (3) the land and marine environment of Antarctica. Lists minimum requirements of such regulations, including: (1) the establishment of qualifications for tour guides; (2) a requirement that tour operators employ a sufficient number of guides to educate, supervise, and monitor tourists; (3) a prohibition on entering specially protected areas; (4) the establishment of specified guidelines for tourist activities; and (5) the establishment of training programs on the requirements of this Act and the Antarctic Treaty System. Requires the Under Secretary, in issuing such regulations, to: (1) consider designating areas of Antarctica for visits by tourists and limiting the size of tourist groups and the number of tours to Antarctica in a specified period of time; and (2) review measures implemented by the National Park Service and the Government of Ecuador (with respect to the Galapagos Archipelago) to control the impacts of tourism. Directs the Under Secretary to issue regulations governing solid waste storage and disposal practices of tour operators. Requires the Under Secretary to issue regulations to: (1) annually determine whether excursions of tour operators will have an impact on Antarctica's environment; and (2) mitigate such impact. Directs tour operators to submit proposed tour itineraries to the Under Secretary and permits the Under Secretary to require adjustments in such itineraries to mitigate negative effects on Antarctica's environment. Requires tour operators, at least 90 days before commencing a tourist excursion to Antarctica, to report to the Under Secretary on: (1) the anticipated number of persons on, and route for, the excursion; (2) points of interest that the excursion will visit; and (3) any other information required by the Under Secretary. Directs tour operators, within 30 days of completing such an excursion, to report to the Under Secretary on: (1) the actual number of passengers on, and the route for, the excursion; (2) the points of interest visited, the length of time spent at each point of interest, and the number of persons visiting each point of interest; (3) any interference with or disruption of native fauna, flora, or habitat that may have occurred on the excursion; (4) any injuries or loss of life or property that may have occurred on the excursion; and (5) any other information required by the Under Secretary. Requires the Under Secretary to issue regulations establishing requirements for licensing tour operators. Prohibits tour operators from providing services for excursions to Antarctica except in compliance with a license. Prohibits any person from constructing, financing, or providing assistance for the development of any land-based tourist facilities in Antarctica. Requires the Under Secretary to establish a program under which a certified observer shall accompany tourist expeditions to Antarctica to monitor tour compliance with specified laws and carry out educational and scientific functions. Directs the Under Secretary to collect annual fees from tour operators to cover the costs of providing observers. Establishes the Antarctica Tourism Observer Fund and provides for the deposit of fees in the Fund. Prescribes civil penalties for violations of this Act. Sets forth provisions concerning citizen suits.
United States · United States Congress · 23 April 1991
Expresses the sense of the House of Representatives that it should be U.S. policy to reduce national emissions of carbon dioxide in the next ten years by 20 percent from the 1988 baseline level and to assume a leadership position in negotiating an international climate protection treaty that includes establishing: (1) agreements by industrialized nations to reduce their current carbon dioxide emissions by 20 percent over 1988 levels in the next ten years, by developing nations to reduce their growth in carbon dioxide emissions from fossil fuel combustion, and by all countries to reduce emissions of greenhouse gases; (2) an international fund and other financial mechanisms to help developing countries achieve such objectives; (3) mechanisms for continuing international cooperation for the development of policies for future emissions reductions; and (4) commitments to cease the destruction of primary forests.
United States · United States Congress · 18 April 1991
National Training Center for Afro-American Museum Professionals Act - Directs the Secretary of the Interior, acting through the National Park Service, to: (1) provide for the operation and maintenance of, and technical assistance for, the National Afro-American Museum and Cultural Center (the Museum), in Wilberforce, Ohio; and (2) construct a National Training Center at the Museum to prepare professionals for our Nation's museums. Authorizes appropriations for such purposes. Directs the Secretary of Education, acting through the Museum, to: (1) contract with a consortium of institutions of higher education to implement a program of Afro-American professional museum studies at such National Training Center of the Museum; and (2) provide scholarships and loans for students in those studies. Authorizes appropriations. Terminates the National Afro-American History and Culture Commission (established by the National Center for the Study of Afro-American History and Culture Act) 30 days after the enactment of this Act. Provides that ultimate governance of the Museum shall rest with a Board of Governors established by the Congress in consultation with the State of Ohio.
United States · United States Congress · 18 April 1991
Expresses the sense of the Congress that the Government of Kuwait, Kuwaiti enterprises, and the U.S. Army Corps of Engineers shall grant preference in the award of contracts for the rebuilding of Kuwait to supplies and goods produced and manufactured in the United States and to U.S. engineering and consulting services.
United States · United States Congress · 17 April 1991
National Commemorative Events Advisory Act - Establishes the President's Advisory Commission on National Commemorative Events to: (1) establish criteria for recommending to the President that a proposed commemorative event be approved or disapproved; (2) review proposals for national commemorative events submitted in accordance with procedures published by the Commission; and (3) issue recommendations to the President concerning each proposal reviewed. Terminates the Commission within five years after the date of its first meeting.
United States · United States Congress · 16 April 1991
Design Innovation and Technology Act of 1991 - Amends the copyright law to provide for the protection of industrial designs of useful articles (including typefonts), except designs that are: (1) not original; (2) staple or commonplace; (3) different from commonplace or staple designs in insignificant ways; (4) determined solely by a utilitarian function; (5) embodied in a useful article that was made public by the designer or owner in the United States or a foreign country more than one year before the date of application for registration; (6) composed of three-dimensional features of shape and surface in wearing apparel; (7) a semiconductor chip product already protected under another provision; (8) embodying a process or idea or system; or (9) for motor vehicle glass. States that protection for a design shall be available for subject matter usually excluded if the design is a substantial revision, adaptation, or rearrangement of such subject matter. Sets the term of protection at ten years. Requires the design to be marked with a design notice when it is made public. States that omission of such notice shall not cause loss of protection or prevent recovery for infringement against any person who receives written notice of the protection. Grants the owner of a protected design the exclusive right to make, import, or distribute for sale or use in trade any useful article embodying such design. Specifies the criteria for determination of infringement of a protected design. Provides that protection of a design shall be lost if application for registration is not made within one year after the date on which the design is first made public. Provides procedures for application for the protection of a design through a certificate of registration. Sets fees for services relating to the administration of this Act. Specifies the ownership and transfer rights of designs subject to protection. Provides remedies for infringement of a registered design, including injunctive relief and damages. Allows judicial review of a final refusal of the Register of the Copyright Office to register a design. Prescribes penalties for fraudulent registration, false marking, and false representation of any design. Requires the Secretary of Treasury and the U.S. Postal Service to issue regulations for the enforcement of rights concerning importation of useful articles. Provides that this Act shall take effect one year after the date of enactment. States that no design made public prior to the effective date shall be protected.
United States · United States Congress · 15 April 1991
Amends the Internal Revenue Code and title II of the Social Security Act (Old-Age, Survivors and Disability Insurance) with respect to the social security exemption for election officials and election workers employed by State and local governments to increase the allowed remuneration paid to such workers.
United States · United States Congress · 11 April 1991
Amends the Internal Revenue Code to permit tax-exempt private foundations and community foundations to establish tax-exempt cooperative service organizations to operate exclusively for charitable purposes. Declares that the excise tax based on investment income applies to such organizations.
United States · United States Congress · 22 March 1991
World Summit for Children Implementation Act of 1991 - Provides for assistance in implementing the plan of action adopted by the World Summit for Children. Expresses the sense of the Congress that: (1) the U.S. Government should commit to increasing participation in the special supplemental food program for women, infants, and children under the Child Nutrition Act (the WIC program) by 20 percent per year in FY 1992 through 1996, to reach full participation by the end of FY 1996; and (2) specified minimum amounts should be appropriated for the WIC program in FY 1992 and 1993 to reach such full participation goal. Expresses the sense of the Congress that the commitment to provide full funding for the Head Start Program, contained in the Human Services Reauthorization Act of 1990, should be implemented in order that the goal of full participation of all eligible three- and four-year-old children can be reached by FY 1994. Amends the Public Health Service Act to direct the Secretary of Health and Human Services to undertake a Children's Vaccine Initiative. Requires that the Director of the National Vaccine Program: (1) plan and coordinate the Initiative; and (2) ensure that the Public Health Service conducts vaccine research, production, and delivery activities under the Initiative in collaboration with non-governmental institutions and with other Federal agencies to ensure the full use of U.S. scientific and industrial capacity to prevent infectious disease. Authorizes appropriations for FY 1992 and 1993. Authorizes appropriations for FY 1992 and 1993 for contributions to the United Nations Children's Fund for activities to promote child health and other assistance programs for children (to carry out specified provisions of the Foreign Assistance Act of 1961). Amends the Foreign Assistance Act of 1961 (the Act) to authorize appropriations for FY 1992 and 1993 for special health needs of children and mothers under the Child Survival Fund. Requires that specified minimum amounts of funds under various provisions for FY 1992 and 1993 be reserved only for such specified child survival activities. Expresses the sense of the Congress that authorization, in such amounts as may be required, should be granted to the President to exercise the (Public Law 480) debt authority with respect to least developed countries that are pursuing reforms to promote long-term economic development (as provided in specified provisions of the Agricultural Trade Development and Assistance Act of 1954, as amended by the Food, Agriculture, Conservation, and Trade Act of 1990). Amends the Act to establish a Vitamin A Deficiency Program. Reserves for such Program specified amounts in FY 1992 and 1993 from funds for development assistance for agriculture, rural development, and nutrition. Amends the Act to direct the President, in carrying out provisions for development assistance for health-related activities, to promote, encourage, and undertake activities relating to research on, and treatment and control of, acquired immune deficiency syndrome (AIDS) in developing countries. Authorizes appropriations for FY 1992 and 1993, for such purpose, to the International AIDS Prevention and Control Fund. Provides that such amounts shall be in addition to other amounts available for such purpose. Amends the Act to reserve specified amounts in FY 1992 and 1993, from funds for development assistance for education and under other provisions of the Act, for international basic education, including early childhood education, primary education, teacher training, other support activities, and adult literacy training. Expresses the sense of the Congress that at least specified minimum amounts should be appropriated for the Migration and Refugee Assistance account, and that at least specified minimum portions of such funds should be reserved for programs of refugee assistance overseas (in addition to amounts available for programs for Soviet, Eastern European, and other refugees resettling in Israel). Amends the Act to replace provisions for certain disadvantaged children in Asia with provisions for assistance to children in exceptionally difficult circumstances. Includes among such children street children, AIDS orphans, other orphaned and abandoned children, and children displaced by armed conflict, poverty, famine, or other disasters. Reserves specified minimum portions of certain funds under the Act in FY 1992 and 1993 for assistance for such children. Requires that such assistance be made available in accordance with policies and general authorities under certain disaster assistance provisions. Directs the President to report annually to the Congress on U.S. contributions to the achievement of the goals of the World Summit for Children, including U.S. efforts to achieve such goals in the United States and in other countries, with an analysis of past, current, and planned funding levels.
United States · United States Congress · 21 March 1991
Ancient Forest Act of 1991 - Directs the Secretaries of Agriculture and of the Interior to designate lands for a Pacific Northwest Ancient Forest Reserve System, consisting of Federal and public lands in Oregon, Washington, and Northern California. Includes within the criteria for the System the need for lands for the viability and recovery of the northern spotted owl population. Requires the Ancient Forest Reserves to include at least 50 percent of old growth forest ecosystems found in the Douglas-fir Region that are outside of congressionally designated areas (wilderness areas and wild and scenic rivers in which commercial timber sales are prohibited). Prohibits vegetation removal on lands designated as Ancient Forest Reserves except for public safety, recreation, and administration. Requires that any timber harvest in the old growth forest ecosystems outside of Ancient Forest Reserves but within the Douglas-fir Region be managed using specified techniques under New Forestry Principles. Requires the Secretaries to establish an Ancient Forest Research Program on old growth forest ecosystems. Directs the President to establish a permanent Ancient Forest Scientific Committee to report to the Secretaries and certain congressional committees on specified aspects of programs and activities established under this Act. Mandates for FY 1992 through 1994 the minimum board feet per year the Secretaries must offer for sale from national forest lands within the Douglas-fir Region and other lands administered by the Bureau of Land Management within such Region according to certain guidelines on tree diameter and canopy closure. Prohibits the sale of timber in certain areas. Requires that sales of timber be first offered from those lands likely to suffer the least ecological impacts. Increases from 25 to 50 percent for a five-year period the amounts paid by the Secretary of Agriculture to States for their counties under Federal law with respect to national forests in the Douglas-fir Region. Sets forth for a five-year period the method by which Oregon and California land-grant funds paid by the Secretary of the Interior shall be distributed to such counties. Directs the Secretary of Agriculture, acting through the Forest Service's State and private forestry programs, to establish a special initiative to improve the productivity on State, county, and private lands in counties that include lands within the Douglas-fir Region. Requires the Secretaries to establish a national community assistance task force to oversee assistance to rural communities in those counties included within the Douglas-fir Region and to establish local task forces to assist communities and help displaced workers. Requires the Secretaries to establish a program to improve the condition of Federal forest lands in the Douglas-fir Region, with hiring preference given to local workers. Directs the President to appoint a Forest Community Assistance Coordinator to coordinate Federal assistance to affected communities and displaced workers. Establishes a special fund in the Treasury to consist of a certain percentage of the Federal Government's share of all timber receipts to fund the Timber Worker Adjustment Program established by this Act under the Job Training Partnership Act to help displaced timber workers find new jobs. Requires the Secretary of the Interior to study and report to specified congressional committees on consolidation of the Bureau of Land Management's Oregon and California lands through exchange, purchase, or donation. Amends the Federal Land Policy and Management Act of 1976, the Multiple-Use Sustained-Yield Act of 1960, and the Forest and Rangeland Renewable Resources Planning Act of 1974 with respect to old growth forest ecosystems. Directs the Secretaries to prepare and submit to the Congress a nationwide inventory of old growth forest ecosystems on national forests and public lands administered by the Bureau of Land Management. Authorizes appropriations.
United States · United States Congress · 20 March 1991
Telecommunications Equipment Research and Manufacturing Competition Act of 1991 - Amends the Communications Act of 1934 to authorize any Bell Telephone Company (BTC), through an affiliate of such company, to manufacture and provide telecommunications equipment, except that no BTC may engage in such manufacturing with an unaffiliated BTC or affiliates thereof. Allows such manufacturing or provision to be conducted only through an affiliate that is separate from any BTC. Requires the Federal Communications Commission (FCC) to prescribe regulations to ensure that: (1) such manufacturing affiliate maintains separate accounts and records from its affiliated BTC which identify all financial transactions with the BTC; (2) neither a BTC nor any of its non-manufacturing affiliates carry out sales, advertising, installation, production, or maintenance operations for a manufacturing affiliate, except under specified conditions, such manufacturing affiliate conducts all of its manufacturing activity within the United States and uses component parts manufactured in the United States unless specified requirements regarding good faith efforts to obtain such component parts in the United States and domestic content are met; (3) such affiliate incurs debt entirely separate from and without recourse against the affiliated BTC; (4) such affiliate shall not be required to operate separately from any other affiliates of its BTC; (5) if an affiliate of a BTC becomes affiliated with a manufacturing entity, it shall be treated as a manufacturing affiliate of the BTC; (6) such affiliate shall make available any telecommunications equipment manufactured by such affiliate to any purchasing carrier, so long as each such purchaser does not manufacture such equipment or agrees to make available to the BTC or any of its affiliates any telecommunications equipment manufactured by such purchasing carrier or any of its affiliates for use with the public telecommunications network by such carrier or any of its affiliates; and (7) such affiliate shall not discontinue or restrict sales to other local exchange telephone companies of any telecommunications equipment until arrangements are made to provide to them the specifications, plans, and tools to allow them to arrange for the manufacture of such equipment by another entity. Directs the FCC to require that each BTC maintain and file with the FCC complete information with respect to the protocols and technical requirements for connections with and use of its telephone exchange service facilities. Prohibits a BTC from disclosing any such information to its affiliates unless such information is immediately so filed. Requires any two or more carriers providing regulated telephone exchange service in the same area to notify each other of the deployment of telecommunications equipment. Requires the FCC to ensure that manufacturers in competition with a BTC's manufacturing affiliate have access to information with respect to the protocols and technical requirements for connection with and use of its telephone exchange service facilities required for such competition that such BTC makes available to its affiliate. Requires the FCC to prescribe regulations to require any BTC which has a manufacturing affiliate to: (1) provide to other manufacturers of telecommunications equipment and customer premises equipment that is functionally equivalent to equipment manufactured by BTC affiliates opportunities to sell such equipment to such BTC which are comparable to opportunities the BTC provides to its affiliates; (2) not subsidize its manufacturing affiliate with revenues from its regulated telecommunications service; and (3) only acquire equipment from its manufacturing affiliate at the open market price. Allows a BTC and its affiliates to engage in close collaboration with any manufacturer of customer premises or telecommunications equipment during the design and development of hardware and software relating to such equipment.
United States · United States Congress · 20 March 1991
Amends the Solid Waste Disposal Act to require States to adopt 20-year solid waste management plans. Authorizes a State which has adopted such a plan to enact and enforce laws imposing fees on, and regulating the treatment and disposal of, solid waste within such State that was generated in another State. Requires States, at least once every five years, to report to the Environmental Protection Agency (EPA) on the implementation of plans. Grants congressional approval to two or more States to enter into compacts for cooperative efforts and mutual assistance in solid waste management. Authorizes the EPA Administrator to promulgate regulations exempting waste types or recycling practices from management under this Act if such exemption promotes the development of an interstate market for recyclable materials or environmentally sound waste disposal practices. Permits any person to petition for the promulgation of such regulations.
United States · United States Congress · 20 March 1991
Utah BLM Wilderness Act of 1991 - Title I: Designation of Wilderness - Designates specified lands in the following areas of Utah as components of the National Wilderness Preservation System: (1) Great Basin wilderness areas; (2) Zion and Mojave Desert wilderness areas; (3) the Grand Staircase Wilderness and the Kaiparowits Plateau Wilderness; (4) Escalante Canyon wilderness areas; (5) the Henry Mountains Wilderness; (6) the Dirty Devil River Wilderness; (7) Cedar Mesa wilderness areas; (8) Canyonlands wilderness areas; (9) San Rafael Swell wilderness areas; and (10) Book Cliffs and Uinta Basin wilderness areas. Title II: Administrative Provisions - Directs the Secretary of the Interior to administer the wilderness areas designated under this Act. Reserves the Federal Government's rights to a quantity of water sufficient for each wilderness area designated by this Act.
United States · United States Congress · 20 March 1991
Requires the Architect of the Capitol to replace all incandescent light bulbs, with specified exceptions, in the House of Representatives office buildings with compact fluorescent light bulbs. Requires the Comptroller General to study and report to the House on the economic and environmental effects of the program, together with recommendations for implementing a similar program in all Federal office buildings.
United States · United States Congress · 14 March 1991
Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to exclude from the definition of "owner or operator," for purposes of limiting liability for releases of hazardous substances, a person who, without participating in the management of a vessel or facility, holds indicia of ownership primarily to protect a security interest in such vessel or facility. Defines "indicia of ownership" as an interest in a vessel or facility acquired either for: (1) securing payment of a loan or indebtedness or the performance of an obligation; or (2) protecting a security interest. Makes liable for any release or threatened release of a hazardous substance attributable to their activities: (1) any person who causes the transfer of a vessel or facility subject to a security interest; or (2) a fiduciary or trustee who acquires ownership or control of a vessel or facility. Makes conforming amendments to the Resource Conservation and Recovery Act of 1976.
United States · United States Congress · 12 March 1991
Information Dissemination and Research Accountability Act - Establishes in the National Library of Medicine a National Center for Research Accountability to assist in eliminating duplication of effort in Federal research proposals involving live animals. Prohibits Federal agencies from carrying out or funding any research proposal involving live animals unless the proposal is submitted to the Center following agency approval. Prohibits Federal funding of any proposal the Center determines would duplicate other research completed or in process. Authorizes the Center to contract with private entities to assist in conducting comprehensive full-text literature searches. Directs the Center to report annually to the President and the Congress. Provides for modernization of biomedical information storage and dissemination by the National Library of Medicine. Authorizes the Library to award contracts to the private-sector data recording industry to improve: (1) the development of technologies for storage and dissemination of full-text biomedical information; and (2) dissemination of such information to medical libraries for research use. Requires the Library to report annually to the Congress on its progress. Authorizes appropriations.
United States · United States Congress · 11 March 1991
Unemployment Insurance Reform Act of 1991 - Title I: Federal Supplemental Compensation Program - Subtitle A: Establishment of Program - Establishes a Federal supplemental unemployment compensation program. Allows any State to enter into and participate in an agreement with the Secretary of Labor (the Secretary) under which the State agency which administers the State unemployment compensation law will make payments of Federal supplemental compensation: (1) to individuals who have exhausted all rights to regular compensation under State law, have no rights to such regular compensation or any additional State or Federal compensation, and are not receiving Canadian compensation; and (2) for any week of unemployment begining in the individual's eligibility period. Sets forth provisions relating to exhaustion of regular benefits and weekly amount of supplemental benefits equal to regular benefits. Requires a State, under such an agreement, to establish a Federal supplemental compensation account with respect to the benefit year of each eligible individual who file an application. Limits benefit payments to not more than the amount in the individual's account. Sets forth formulas for determining the amount in such account. Provides that such amount shall be equal to the lesser of: (1) 100 percent of the total amount of regular compensation (including dependents' allowances) payable to the individual with respect to the most recent regular benefit year; or (2) the applicable limit times the average weekly benefit amount for the benefit year. Sets the applicable limit at: (1) 26 for an eight-percent period, i.e. one triggered by a total unemployment rate (TUR) of eight percent or more in the State, seasonally adjusted, for the most recent three months with available data; (2) 18 for a seven-percent period; and (3) nine for a six-percent period. Sets forth special rules relating to such applicable limits. Coordinates the Federal supplemental compensation program with the trade readjustment allowance program under the Trade Act of 1974. Sets forth general, special, and transitional rules for supplemental benefit periods, individual eligibility periods, State on and off indicators, and a temporary national trigger. Sets forth provisions for payments to States having such agreements for Federal supplemental compensation. Sets forth reachback provisions for certain individuals' eligibility for such benefits. Sets forth provisions relating to fraud and overpayments. Subtitle B: Repeal of Extended Program - Repeals the Federal-State Extended Unemployment Act of 1970, and references to the extended unemployment compensation program (established by such Act) in the Federal Unemployment Tax Act (FUTA) provisions of the Internal Revenue Code and in the Social Security Act (SSA). Title II: Modifications to Eligibility Provisions - Amends FUTA to limit the circumstances under which individuals may be disqualified for unemployment compensation under State law. Amends specified Federal law to repeal certain limitations on payment of unemployment compensation to former members of the Armed Forces. Amends FUTA to allow optional unemployment benefits for certain school employees, by making denial of such benefits discretionary rather than mandatory. Amends FUTA with respect to the treatment of certain determinations with respect to claims for unemployment compensation benefits under State law. Amends FUTA to require State agencies administering unemployment compensation to approve any training program involving classroom training, occupational skill training, basic or remedial education, or literacy or remedial English training, in the case of any individual who has received compensation under State law for ten weeks or more during the benefit year (thus allowing such individual to receive such compensation while participating in such training). Title III: Federal Job Search Assistance - Subtitle A: General Provisions - Requires State unemployment compensation law, for purposes of approval requirements under FUTA, to: (1) require certain unemployment compensation recipients to participate in a qualified intensive job search program (the program) after receiving such compensation for ten weeks during any benefit year; (2) entitle such individuals to an intensive job search program voucher; and (3) disqualify those who do not satisfactorily participate in such program from receiving such compensation for a specified period. Makes such program requirements applicable to such recipients if, during a specified three-year period, they had at least 126 weeks of employment at wages of $30 or more a week with their last employer (or an equivalent amount computed under prescribed regulations). Sets forth exceptions to such program requirements, special rules, and program qualifications. Provides that such vouchers entitle the organization (including the State employment service) providing the program to a payment from the State agency equal to the lesser of: (1) the reasonable costs of providing the program; or (2) the average weekly benefit amount in the State. Requires Federal payments to each State's account in the Unemployment Trust Fund in an amount equal to the payments made by the State agency for such program vouchers. Provides for payments on a calendar month basis, and for certification by the Secretary. Subtitle B: Conforming Amendments - Amends FUTA to add to requirements for approval of State unemployment compensation law the requirement for individual participation in intensive job search assistance programs and entitlement to such program vouchers. Makes conforming amendments to other FUTA and SSA provisions. Amends SSA provisions relating to payments from the supplemental compensation and reemployment assistance account to add references to such programs and vouchers. Subtitle C: Effective Date - Sets forth effective dates for specified provisions of this Act. Title IV: Financing Provisions - Subtitle A: Modifications to Federal Unemployment Tax - Amends FUTA provisions related to the rate of the Federal unemployment tax. Modifies the formula for determining such rate to make such FUTA excise tax on employers equal: (1) five and four-tenths percent of the total wages paid during the calendar year with respect to employment; and (2) a specified percentage of the total Federal taxable wages paid during the calendar year with respect to employment. (Provides that such percentage shall be lowered as it is phased-in, from 0.75 percent in 1992 to 0.3 percent in 1997 and thereafter.) Makes conforming modifications to credit provisions and tax computation provisions. Subtitle B: Financing Reforms - Amends the SSA to modify provisions for Federal unemployment accounts. Provides for an increase in quarterly credits for States with adequate balances. Provides for appropriate adjustments in transfers to the Federal unemployment account. Provides for borrowing between Federal accounts, under specified circumstances, with respect to: (1) the employment security administration account; (2) the Federal unemployment account; or (3) supplemental compensation and reemployment assistance account. Amends the SSA to revise provisions for entitlement grants to States to assist in the administration of their unemployment compensation laws (including administration pursuant to agreements under any Federal unemployment compensation law). Provides for an annual aggregate payment of such a State entitlement in the sum of: (1) the basic unemployment insurance service grant; and (2) the additional workload grant. Directs the Secretary, within 12 months, to report to the Congress a proposal for revising the method of allocating grants among the States for administration of the unemployment insurance program. Prohibits the Secretary from revising such method until 12 months after such report is submitted to the Congress. Amends the SSA to establish an Advisory Council on Unemployment Compensation. Directs the Secretary to establish such a council by December 31, 1991, and every fifth year thereafter. Requires each such council to evaluate the unemployment compensation program. Sets forth membership and staff provisions. Requires each council to report to the Congress by October 1 of the year following the year in which is required to be established. Terminates each council after it submits its report. Exempts the following unemployment compensation programs from any order issued under part C of the Balanced Budget and Emergency Deficit Control Act of 1985 for FY 1992 or any succeeding fiscal year: (1) Federal supplemental compensation program payments under title I of this Act; (2) Federal job search assistance payments under title III of this Act; and (3) employment security administration payments to States under title III of the Social Security Act.
United States · United States Congress · 7 March 1991
Comprehensive Wetlands Conservation and Management Act of 1991 - Amends the Federal Water Pollution Control Act to revise provisions concerning permits for dredged or fill material. Prohibits, unless such activity is undertaken pursuant to a permit issued by the Secretary of the Army: (1) the discharge of dredged or fill material into U.S. waters; or (2) the draining, channelization, or excavation of wetlands. Authorizes the Secretary to issue permits for such activities. Sets forth permit application procedures. Requires the Secretary, upon receiving applications, to: (1) classify as Type A wetlands wetlands that are of critical significance to the long-term conservation of the ecosystem of which they are a part and which meet specified requirements; (2) classify as Type B wetlands wetlands that provide habitat for a significant population of avian, aquatic, or wetland dependent wildlife or provide other significant wetlands functions; and (3) classify as Type C wetlands wetlands that serve marginal functions but exist in such abundance that regulation of activities is not necessary to conserve wetlands values and functions, or are prior converted cropland, fastlands, or wetlands within intensely developed areas that do not serve significant wetlands functions. Directs the Secretary to notify a permit applicant of the classification. Permits owners of interests in Type A wetlands to seek compensation for the fair market value of such lands. Provides that title for such lands shall pass to the United States upon acceptance of an offer for compensation. Deems such takings to be takings of surface interests in lands only or water rights allocated under State law unless the Secretary determines that the exploration for, or development of, oil and gas or mineral interests is not compatible with conservation of the surface interests in lands that have been classified as Type A wetlands. Authorizes the Secretary to classify such interests as Type A wetlands and to notify the owner that he may receive compensation. Sets forth provisions concerning court jurisdiction and remedies for taking of interests. Requires the Secretary to deny a permit authorizing activities in Type A wetlands unless: (1) such activities can be undertaken with minimal alteration or surface disturbance; (2) there are overriding public interest concerns that require use of the lands for purposes other than conservation; or (3) the proposed use of the land will result in overall environmental benefits. Authorizes the Secretary to issue a permit for activities in Type B wetlands subject to conditions that ensure that the watershed or aquatic ecosystem of which such wetlands are a part does not suffer loss or degradation of wetlands values or functions. Imposes requirements for mitigation when such activities result in the permanent loss or degradation of Type B wetlands where such loss or degradation is not a temporary or incidental impact. Directs the Secretary to establish a mitigation banking program in each State to ensure compensation for loss and degradation of wetlands. Requires the primary objective of such programs to be to provide for the restoration, enhancement, or creation of ecologically significant wetlands on an ecosystem basis. Sets forth requirements of such programs. Permits activities in Type C wetlands to be undertaken without specified authorization. Authorizes the Secretary to issue general permits on a State, regional, or nationwide basis for activities in wetlands if such activities are similar in nature and will not result in the significant loss of ecologically significant wetlands values and functions. Exempts specified activities from this Act's requirements. Permits States or political subdivisions to submit land management plans for identified wetlands for the Secretary's approval. Authorizes and directs the Secretary to establish standards that govern the delineation of lands as wetlands. Prohibits more than 20 percent of any county, parish, or borough from being classified as Type A wetlands. Requires the Director of the U.S. Fish and Wildlife Service to undertake a project to identify and classify U.S. wetlands. Provides for public participation in such project and makes information concerning identification and classification available to the public. Authorizes the Secretary to commence civil actions for permit violations. Prescribes civil penalties for such violations. Authorizes States to administer permit programs for activities covered by this Act, subject to the Secretary's approval.
![Official portrait of Rep. Pease, Donald J. [D-OH-13]](https://www.congress.gov/img/member/p000170_200.jpg)