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Sen. Adams, Brock [D-WA]

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1,580 records where Sen. Adams, Brock [D-WA] is listed as a sponsor, author, or other actor. Search with topics and years

Bill· SS. 1622 (102nd)open

Comprehensive Occupational Safety and Health Reform Act

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 petition 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 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 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 inspections. Requires annual designation of the industries and operations for such program and the number of inspections planned and 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 Occupational Safety and Health Review Commission (Commission) 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 the State to enforce the Federal 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 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: Effective Date - Sets forth the effective date of this Act.

Law· SS. 1623 (102nd)enacted

Audio Home Recording Act of 1992

United States · United States Congress · 1 August 1991

Audio Home Recording Act of 1991 - Amends Federal copyright law to: (1) set forth definitions relating to digital audio recording devices and media; and (2) prohibit certain copyright infringement actions based on the manufacture, importation, or distribution of a digital or analog audio recording device or medium, or the use of such device or medium for making phonorecords, except when done for commercial advantage. Sets forth a mandatory recordation and filing procedure for the importation, manufacture, or distribution in the United States of digital audio recording devices or media. Requires importers and manufacturers to file quarterly and annual statements of account with the Register of Copyrights (the Register). Mandates Register verification of such statements. Sets forth verification guidelines. States that verification audit costs shall be borne by interested copyright parties. Sets forth confidentiality guidelines with respect to such mandatory statements of accounts. Prescribes royalty payment guidelines for digital audio recording devices and media imported, manufactured, or distributed in the United States. Requires that royalty payments be deposited into the Treasury. Identifies interested copyright parties entitled to royalty payments. Prescribes royalty payment allocation and distribution procedures. Permits alternative royalty collection and distribution arrangements to be negotiated among interested copyright and manufacturing parties. Maintains the Copyright Tribunal jurisdiction over such negotiated arrangements insofar as nonparticipant interests are affected. Prohibits: (1) the importation, manufacture, and distribution of any digital audio recording device or audio interface device that does not conform to certain standards and specifications to implement the Serial Copy Management System; and (2) the circumvention of such System. Directs the Secretary of Commerce to publish in the Federal Register a certain Technical Reference Document which sets forth the standards and specifications pertinent to the Serial Copy Management System. Authorizes the Secretary to implement such System according to the prescribed guidelines. Sets forth civil remedies for violations of this Act, including impoundment, remedial modification and destruction of non-complying devices, and binding arbitration.

Law· SS. 1594 (102nd)enacted

Terry Beirn Community Based AIDS Research Initiative Act of 1991

United States · United States Congress · 30 July 1991

Terry Beirn Community Based AIDS Research Initiative Act of 1991 - Declares that it is the sense of the Congress that the community-based clinical trials program should be renamed as the Terry Beirn Community-Based AIDS Research Initiative. Amends the Public Health Service Act to require clinical trials under the Initiative to be designed to encourage existing consortia of primary care providers to participate. Authorizes appropriations.

Law· SS. 1577 (102nd)enacted

Alzheimer's Disease Research, Training, and Education Amendments of 1992

United States · United States Congress · 29 July 1991

Alzheimer's Disease Research, Training, and Education Amendments of 1991 - Amends the Alzheimer's Disease and Related Dementias Services Research Act of 1986 to rename the Act as the Alzheimer's Disease and Related Dementias Research Act of 1991. Changes, with regard to the Council on Alzheimer's Disease: (1) the composition and designated chair; (2) Council duties; and (3) congressional reporting requirements. Replaces, on the Advisory Panel on Alzheimer's Disease, the Director of the National Center for Health Services Research and Health Care Technology Assessment with the Administrator of the Agency for Health Care Policy and Research. Provides for staggered terms for Panel members. Modifies: (1) vacancy procedures; (2) minimum meeting frequency; and (3) compensation requirements. Abolishes the Panel on September 30, 1994. Authorizes appropriations. Alters the Alzheimer's disease research responsibilities of: (1) the National Institute of Mental Health; and (2) the Agency for Health Care Policy and Research. Authorizes appropriations. Replaces provisions relating to education programs for providers of care for individuals with Alzheimer's disease with provisions authorizing, with regard to Alzheimer's disease and related disorders, grants for: (1) training and continuing education; (2) model training programs; and (3) educating health care providers and families on care and on community assistance sources. Authorizes appropriations. Establishes a National Alzheimer's Education Program to take specified actions, including developing and distributing educational materials and working with the media to provide information. Authorizes appropriations. Amends the Public Health Service Act to allow Federal payments to Alzheimer's disease centers to be used for construction of the centers, but not for land acquisition. Authorizes appropriations.

Bill· SS. 1565 (102nd)open

A bill to amend the Federal Aviation Act of 1958 to ensure fair treatment of airline employees in connection with route transfers.

United States · United States Congress · 26 July 1991

Amends the Federal Aviation Act of 1958 to require air carriers that have acquired a certificate transferring air route authority from another air carrier to hire from such air carrier, in order of seniority, no less than the number of employees required to operate such route. Affords such hired employees seniority integration protections provided in Tiger International Seaboard Acquisition Case, CAB Docket 33712. Provides for the enforcement of such seniority protections by U.S. district courts. Amends the Airline Deregulation Act of 1978 to declare that air carrier employees who are furloughed or terminated by an air carrier (other than for cause) prior to the last day of the 17-year (currently, ten-year) period beginning upon enactment of such Act shall have first right of hire, regardless of age in his or her occupational speciality by any other air carrier that is hiring additional employees.

Bill· SS. 1574 (102nd)referred

Medicare Enrollment Improvement and Protection Act of 1991

United States · United States Congress · 26 July 1991

Medicare Enrollment Improvement and Protection Act of 1991 - Title I: Improving Enrollment - Amends title XVIII (Medicare) of the Social Security Act to require the Secretary of Health and Human Services' annual notice to Medicare beneficiaries to inform certain low-income Medicare beneficiaries of the requirements to qualify for Medicaid (title XIX of the Social Security Act) payment of their premiums, deductibles, and copayments under Medicare and how to apply for such benefit. Requires the notice described above to be prepared in a manner suitable for posting and distributed to physicians, hospital offices, and other medical facilities. Requires the Secretary to establish a toll-free telephone number for information about such benefit. Amends the Medicaid program to require the Secretary to develop a simplified form for applying for such benefit for processing at social security offices. Amends the Medicare program to provide for mandating direct enrollment of part A (Hospital Insurance) eligibles. Directs the Secretary to make grants to State agencies and approved organizations for the provision of outreach assistance to older individuals who may be eligible for such benefit. Authorizes appropriations to fund such grant program. Title II: Retroactivity - Amends the Medicaid program to permit retroactive payments of medical costs incurred by certain low-income Medicare beneficiaries in or after the third month before the month in which such an individual applied to have Medicaid cover such costs. Title III: Refunds - Allows those individuals whose incomes would have qualified them for Medicaid payment of Medicare costs, but who were not eligible for such benefit because they did not apply, to apply to have such costs refunded. Title IV: Report - Directs the Secretary to submit reports to the Congress on Department activities to ensure enrollment and full implementation of the program under the Social Security Act for Medicaid payment of Medicare costs and the effectiveness of each such activity, along with any recommendations for appropriate legislation.

Bill· SS. 1572 (102nd)referred

Medicare Skilled Nursing Facility and Home Health Benefit Act of 1991

United States · United States Congress · 26 July 1991

Medicare Skilled Nursing Facility and Home Health Benefit Act of 1991 - Amends title XVIII (Medicare) of the Social Security Act to: (1) eliminate the requirement that extended care services be provided within a certain period following hospitalization in order to be covered under the Hospital Insurance Program; and (2) cover nursing care and home health aid services provided or needed on an intermittent basis.

Bill· SS. 1537 (102nd)open

A bill to amend the National Trails System Act to designate the American Discovery Trail for study to determine the feasibility and desirability of its designation as a national trail.

United States · United States Congress · 24 July 1991

Amends the National Trails System Act to designate the American Discovery Trail extending from Pt. Reyes, California, through Nevada, Utah, Colorado, Kansas, Missouri, Illinois, Indiana, Ohio, West Virginia, and Maryland to Cape Henlopen State Park, Delaware, for study for potential addition to the National Trails System.

Bill· SS. 1555 (102nd)referred

Fruit and Vegetable Producers Emergency Assistance Act of 1991

United States · United States Congress · 24 July 1991

Fruit and Vegetable Producers Emergency Assistance Act of 1991 - Title I: Emergency Crop Loss Assistance - Subtitle A: Fruits and Vegetables - Provides disaster payments for and prevented planting credit for fruit and vegetable producers who suffered 1991 crop reductions due to 1990 or 1991 adverse weather conditions. Bases payment rates on crop loss percentages. Makes payments on a crop-by-crop basis. Prohibits 1991 payments unless a producer agrees to obtain 1992 and 1993 crop insurance, with specified exceptions. Authorizes 1991 crop quality reduction payments for producers incurring specified crop production deficiencies. Limits the Federal share of such assistance to 50 percent. Reduces disaster payments for producers receiving Federal crop insurance payments. Sets forth provisions regarding: (1) program fund transfers; (2) de minimis yields; and (3) producer eligibility. Prohibits double payments on replanted acreage. Subtitle B: Administrative Provisions - Sets forth provisions regarding: (1) timing and manner of assistance; (2) use of the Commodity Credit Corporation; (3) duplicative payments; and (4) authorization of emergency designation of outlays. Title II: Other Emergency Provisions - Provides disaster assistance loan guarantees (through the Rural Development Insurance Fund) for rural businesses adversely affected by 1990 or 1991 weather conditions. Limits: (1) individual guarantees to $500,000; and (2) aggregate program guarantees to $300,000,000. Amends the Food, Agriculture, Conservation, and Trade Act of 1990 to authorize disaster assistance for rehabilitation or restoration of damaged trees. Increases assistance limits. Amends the emergency grants for low-income migrant and seasonal worker program to: (1) increase assistance limits; (2) include packing house workers; and (3) provide housing cost assistance.

Bill· SS. 1536 (102nd)referred

Pacific Northwest Forest Community Recovery and Ecosystem Conservation Act of 1991

United States · United States Congress · 24 July 1991

Pacific Northwest Forest Community Recovery and Ecosystem Conservation Act of 1991 - Title I: Worker Adjustment Assistance Program for Certain Dislocated Workers - Subtitle A: General Provisions - Provides adjustment assistance, including extended unemployment benefits, for certain dislocated timber and related industry workers. Subtitle B: Financing Provisions - Amends title IX of the Social Security Act to establish in the Unemployment Trust Fund a worker adjustment assistance account. Title II: Community Economic Diversification - Establishes in the Treasury a special economic adjustment fund funded by a portion of Federal forest land timber sales to: (1) assist forest-dependent communities in Washington, Oregon and California to diversify economically; and (2) retrain workers. Establishes a Community Economic Diversification Commission. Authorizes appropriations. Title III: Wood Products Incentives - Subtitle A: Export Restrictions - Authorizes specified Western States to restrict log exports. Authorizes appropriations. Subtitle B: Rural Economic Development Magnet Centers - Amends the Consolidated Farm and Rural Development Act to authorize grants to establish rural economic development magnet centers. Authorizes FY 1992 appropriations. Subtitle C: Export Financing - Directs the Export-Import Bank of the United States to establish a wood products export program as part of the working capital guarantee program. Amends the Agricultural Trade Act of 1978 to include "wood" within the definition of "agricultural commodity" for export assistance purposes under such Act. Subtitle D: Report - Directs the Secretary of Commerce to report to the Congress with respect to the short supply of logs in Washington, Oregon, Idaho, and California. Title IV: Reforestation Tax Incentives - Amends the Internal Revenue Code to establish reforestation tax incentives, including: (1) a two percent credit for domestically processed timber; and (2) a five-year class life for timber cutting and saving equipment. Title V: Ecosystem Conservation - Establishes ecosystem natural areas within specified Federal forest lands in Washington, Oregon, and northern California. Sets forth related management and protection provisions. Establishes interim watershed study areas on such lands. States that all Pacific Northwest Federal forest lands not within either of such designations shall be managed in accordance with the recommendations of the Interagency Scientific Committee for lands outside habitat conservation areas. Establishes a three-year Forest Ecosystem Advisory Committee to develop specified ecosystem management objectives for the Pacific Northwest. Authorizes appropriations. Directs the Secretary of Agriculture to develop a Pacific Northwest forest ecosystem research program.

Bill· SS. 1523 (102nd)open

National Institutes of Health Reauthorization Act of 1991

United States · United States Congress · 22 July 1991

National Institutes of Health Reauthorization Act of 1991 - Title I: Reauthorization of Certain Institutes and Expansion of Various Programs - Amends the Public Health Service Act to authorize appropriations for the National Cancer Institute. Authorizes appropriations to the National Heart, Lung, and Blood Institute (NHLBI). Requires the NHLBI Director to support programs of training and education. Authorizes appropriations to carry out specified provisions relating to the National Library of Medicine (NLM). Mandates grants for research, development, and demonstration of new educational technologies that assist in training health professions students and improve the research and teaching capabilities of health professionals. Removes the cap on grants to medical libraries or related instrumentalities for establishing, expanding, and improving basic resources. Establishes in the NLM the National Information Center on Health Services Research and Health Care Technology to collect, store, analyze, and disseminate information. Removes similar provisions from provisions relating to the Agency for Health Care Policy and Research. Mandates grants for comprehensive programs to recruit women, underrepresented minorities, and individuals from disadvantaged backgrounds into biomedical or behavioral research and to provide research training to such people. Authorizes appropriations for payments under National Research Service Awards and under grants for such Awards. Authorizes appropriations for the National Center for Biotechnology Information. Excludes from voting rights the ex officio members of the National Foundation for Biomedical Research. Authorizes appropriations. Authorizes grants to institutions that conduct biomedical or behavioral research to expand, remodel, renovate, or alter existing research facilities or construct new facilities, but not to acquire land or make off-site improvements. Establishes in the National Center for Research Resources of the National Institutes of Health a Technical Review Board on Biomedical and Behavioral Research Facilities to advise on construction of facilities and conduct peer review of applications under these provisions. Provides for recapture of payments in certain circumstances for 20 years. Authorizes appropriations. Title II: Women's Health Research - Requires that women and members of minority groups be included as subjects in each clinical research project under title IV (National Research Institutes) of the Public Health Service Act. Requires projects to be designed and carried out so as to provide for an analysis of whether the variables being tested affect women or minorities differently than other subjects. Establishes in the advisory council of each of the national research institutes the Clinical Research Equity Subcommittee with the duty of determining the extent to which the research is being conducted in accordance with these requirements. Requires, if not in accordance, suspension or revocation of research authority. Requires that technical and scientific peer review conducted under existing provisions include an evaluation of the merit of the proposal regarding women and minorities. Requires the Director of the Institute on Aging to conduct research into the aging processes of women. Directs the Secretary of Health and Human Services, through the Director of the National Institutes of Health (NIH), to establish the Office of Women's Health Research to ensure that research on women's health is identified and addressed throughout the research activities conducted and supported by NIH. Establishes in the Office the Women's Health Clinical Research Advisory Committee. Establishes: (1) a program to provide information on research, treatment, and prevention activities relating to women's health and gender differences; and (2) a data bank to compile and disseminate information on research concerning women's health and gender differences that affect women's health. Requires maintenance of a registry of ongoing clinical trials of experimental treatments relating to women's health and gender differences. Authorizes appropriations to carry out these provisions relating to the Office, the Advisory Committee, the information program, the data bank, and the registry. Mandates expansion, intensification, and coordination of activities regarding breast cancer, ovarian cancer, and other cancers of the reproductive systems of women, including basic and clinical research, prevention and control programs, information programs, and demonstration programs. Requires demonstration programs on breast cancer to include the development and operation of at least six breast and prostate cancer research centers. Authorizes appropriations. Establishes a program to expand and intensify research and related activities concerning osteoporosis, Paget's disease, and related bone disorders. Authorizes appropriations. Title III: Contraception and Infertility - Mandates grants or contracts for three centers to conduct activities to improve methods of contraception and two centers to conduct activities for diagnosing and treating infertility. Establishes a program of agreements under which health professionals, including graduate students, agree to conduct research on contraception or infertility in consideration of repayment of up to a specified amount of their educational loans. Authorizes appropriations to carry out this title. Title IV: Programs Relating to Acquired Immune Deficiency Syndrome - Sets at three years the minimum service period for participation in an existing loan repayment program involving research, as an employee of NIH, on acquired immune deficiency syndrome (AIDS). Authorizes appropriations for the program. Modifies the duties of the AIDS Clinical Research Review Committee and the AIDS clinical evaluation units. Adds references to participation of primary care providers in provisions relating to community-based evaluations of experimental therapies. Authorizes appropriations. Allows financial assistance for international AIDS efforts to be used for research and training on the natural history and pathogenesis and the development and evaluation of vaccines for AIDS, opportunistic infections, and other emerging microbial diseases. Authorizes appropriations. Adds treatment as one of the services provided under grants for model protocols for clinical care of individuals infected with the etiologic agent for AIDS. Authorizes appropriations. Adds collecting information on the natural history of infection with the etiologic agent to provisions requiring development of an epidemiological data base and long-term studies. Requires a comprehensive plan for the conduct and support of AIDS research by the agencies of NIH. Mandates studies to determine, with regard to AIDS: (1) the impact of parallel-track drug-release mechanisms on public and private clinical research and on drug approval activities; (2) the policies of third-party payers regarding payment of costs of health services provided incident to the participation of individuals as subjects in clinical trials of drugs; and (3) the coordination of various advisory committees. Title V: NIH Director's Discretionary Fund, Child Health Research Centers, and Interagency Program for Trauma Research - Requires that the NIH Director have a discretionary fund. Authorizes appropriations. Mandates development and support for centers to build the research capacity of pediatric institutions and develop pediatric investigators. Establishes: (1) a comprehensive program to conduct and support basic and clinical research on trauma, including on diagnosis, treatment, rehabilitation and management; and (2) the Trauma Research Interagency Coordinating Committee. Title VI: National Center for Human Genome Research - Adds the National Center for Human Genome Research to the list of agencies of NIH, declaring its purpose to be characterizing the structure and function of the human genome, including the mapping and sequencing of individual genes. Title VII: Designation of Senior Biomedical Research Service in Honor of Silvio Conte, and Limitation on Number of Members - Renames the Senior Biomedical Research Service as the Silvio Conte Senior Biomedical Research Service and increases the maximum number of its members. Title VIII: Miscellaneous Provisions - Allows the National Library of Medicine to make publications, materials, facilities, or services available under licensing arrangements that provide for quality control and full recovery of access costs. Amends the Health Omnibus Programs Extension of 1988 to extend the due date for the final report of the National Commission on Sleep Disorders Research. Transfers from the Health Research Extension Act of 1985 to title IV (National Research Institutes) of the Public Health Service Act provisions authorizing a grant for an Alzheimer's disease registry. Requires that a report by the Secretary of Health and Human Services on carcinogens be published biennially rather than annually. Includes tropical diseases in provisions setting forth the purpose of the National Institute of Allergy and Infectious Diseases. Applies to Directors of each of the NIH agencies provisions setting forth the general duties and authorities of Directors of each of the national research institutes. Authorizes the Directors of each of the national research institutes and each of the NIH agencies, in disseminating information, to enter into licensing agreements that provide for quality control and full recovery of access costs. Requires, for purposes of Federal income, estate, and gift taxes, any gift accepted by NIH to be considered to be a gift or transfer to the United States.

Bill· SS. 1505 (102nd)open

A bill to amend the law relating to the Martin Luther King, Jr. Federal Holiday Commission.

United States · United States Congress · 19 July 1991

Amends Federal law relating to the Martin Luther King, Jr. Federal Holiday Commission to: (1) increase its membership from 23 to 30 and its staff membership from five to eight; (2) increase the potential salary of a staff member from a GS-13 to a GS-15; and (3) authorize appropriations for FY 1992 through 1993.

Bill· SS. 1493 (102nd)referred

High Speed Surface Transportation Development Corporation Act of 1991

United States · United States Congress · 18 July 1991

High Speed Surface Transportation Development Corporation Act of 1991 - Authorizes the establishment of a High Speed Surface Transportation Development Corporation to provide financial and other assistance to States to encourage the development and use of high speed surface transportation technologies, particularly in regions with dense population centers or high population growth rates. Declares that such corporation shall not be a Federal agency or establishment. Sets forth provisions with respect to the administration of the Corporation. Authorizes the Corporation, with the approval of the Secretary of the Treasury, to guarantee, for no more than 75 percent of total project costs, loans used in connection with the research, development, and construction of high speed surface transportation facilities (not including rolling stock). Sets forth certain requirements with respect to such guaranteed loans. Authorizes appropriations. Establishes in the Treasury the High Speed Surface Transportation Fund. Authorizes the Corporation to direct the Secretary of the Treasury to invest excess amounts of Fund money in U.S. obligations, or obligations guaranteed by the United States, or other governmental or agency obligations or U.S. securities. Authorizes the use of Fund moneys to pay for expenses of the Corporation and to back up its loan guarantees. Sets forth provisions with respect to the application for and agreements on the use of such guaranteed loans. Authorizes the Comptroller General to audit and report to the Congress on the operations of the Fund. Requires the Corporation to transmit an annual report to the President and to the Congress.

Bill· SS. 1492 (102nd)referred

A bill to amend the Internal Revenue Code of 1986.

United States · United States Congress · 18 July 1991

Amends the Internal Revenue Code to provide a complete tax exemption (currently a 75 percent tax exemption) for bonds used to finance high-speed intercity rail facilities.

Bill· SS. 1477 (102nd)referred

Senior Nutrition Act of 1991

United States · United States Congress · 16 July 1991

Senior Nutrition Act of 1991 - Amends the Older Americans Act of 1965 to require the Commissioner of the Administration on Aging to ensure that the Administration employ at least one individual as a National Dietary Professional (NDP). Makes the NDP responsible for the administration of the congregate and home delivered nutrition services programs. Directs the Commissioner to establish a task force to develop recommendations for minimum criteria and guidelines of efficiency and quality for furnishing congregate and home delivered nutrition services. Authorizes the Commissioner and the Secretary of Agriculture to provide technical assistance and appropriate material to agencies carrying out nutrition education programs. Sets forth dietary guidelines for congregate and home delivered nutrition services programs. Requires nutrition services projects to: (1) provide nutrition education to program participants; and (2) comply with applicable State or local law regarding the sanitary handling of meals. Provides for an annual adjustment for inflation in the elderly meals reimbursement rate for surplus commodities. Authorizes appropriations for FY 1992 through 1995 for food donated to nutrition services programs for older individuals. Prohibits the cents per meal level under the program for donating surplus commodities to older individuals from being reduced below 56.76 cents per meal in any fiscal year.

Resolution· SCONRESS.Con.Res. 53 (102nd)referred

A concurrent resolution expressing the sense of the Congress that the 1981 Israeli preemptive strike against Iraqi nuclear reactor at Osirak was a legitimate and justifiable exercise of self-defense, and that the United States should seek the repeal of United Nations Security Council Resolution 487 which condemned that 1981 Israeli preemptive strike.

United States · United States Congress · 16 July 1991

Expresses the sense of the Congress that: (1) the 1981 Israeli preemptive strike against the Iraqi nuclear reactor at Osirak was a legitimate and justifiable exercise of self-defense which also reduced the threat of Iraqi nuclear aggression against countries bordering Iraq; and (2) the United States should seek the repeal of United Nations Security Council Resolution 487 which condemned the strike.

Law· SS. 1475 (102nd)enacted

Protection and Advocacy for Mentally Ill Individuals Amendments Act of 1991

United States · United States Congress · 15 July 1991

Protection and Advocacy for Mentally Ill Individuals Amendments Act of 1991 - Amends the Protection and Advocacy for Mentally Ill Individuals Act of 1986 to allow a State system for the protection and advocacy of the rights of persons with developmental disabilities to use its allotment under specified provisions to provide representation to individuals with mental illness in Federal facilities. Defines "facilities" to include hospitals, nursing homes, community facilities for individuals with mental illness, board and care homes, homeless shelters, and jails and prisons. Modifies requirements concerning: (1) the rights of representatives of such individuals; (2) the circumstances in which the system is accorded access to all the records of certain individuals; (3) the composition and chair of the system's advisory council; (4) availability of the system's grievance procedure to individuals who have received mental health services, family members, and representatives; (5) the composition of the system's governing authority; and (6) the training of system staff. Authorizes appropriations.

Bill· SS. 1471 (102nd)referred

Vulnerable Elders' Rights Protection Amendments of 1991

United States · United States Congress · 11 July 1991

Vulnerable Elders' Rights Protection Amendments of 1991 - Title I: Elder Rights Services - Amends the Older Americans Act of 1965 to establish in the Administration on Aging an Office on Long-Term Care Ombudsman Programs headed by an Associate Commissioner for Ombudsman Services who shall serve as the Federal advocate on behalf of older individuals who reside in long-term care facilities. Directs the Administration to establish and operate the National Ombudsman Resource Center to assist State Long-Term Care Ombudsmen and the representatives of the Ombudsmen in carrying out State long-term care programs. Directs the Commissioner of the Administration on Aging to establish a National Center on Elder Abuse to: (1) compile an annual summary of recently conducted research on elder abuse; (2) develop and maintain an information clearinghouse on all programs for the prevention and treatment of such abuse; (3) compile training materials for personnel engaged in elder abuse prevention; (4) provide technical assistance for the planning and implementation of programs relating to the problems of elder abuse; and (5) conduct research and demonstration projects regarding the causes and national incidence of elder abuse. Authorizes the Commissioner to operate such Center directly or through a grant or contract. Extends the deadline for the annual Administration report to the Congress on complaints and conditions in long-term care facilities. Requires a Commission study of the effectiveness of State long-term care ombudsman programs. Adds a new title VII under which the Commissioner is directed to establish and carry out a program for making allotments to States to pay for the Federal share of carrying out elder rights activities under the following new parts of title VII: (1) part B (Ombudsman Programs); (2) part C (Programs for Prevention of Abuse, Neglect, and Exploitation); (3) part D (State Elder Rights and Legal Assistance Development Program); and (4) part E (Outreach, Counseling, and Assistance Program). Authorizes appropriations for FY 1992 through 1995 to carry out such parts. Requires States, in order to be eligible to receive allotments under title VII, to submit a plan to the Commissioner with assurances that the State will establish the programs listed above in accordance with specified requirements outlined in this title. Authorizes State agencies to enter into agreements with public or private nonprofit agencies or organizations to carry out activities under such programs to protect the rights of the vulnerable elderly who reside in long-term care facilities. Reauthorizes and extends ombudsman and advocacy demonstration projects under the Developmental Disabilities Assistance and Bill of Rights Act and the Protection and Advocacy for Mentally Ill Individuals Act of 1986. Directs the Commissioner to award grants to eligible State agencies to establish housing ombudsman demonstration programs to protect the rights of older individuals who are residents in publicly assisted housing programs. Authorizes appropriations. Title II: Definitions - Sets forth definitions of terms used in this Act. Title III: Miscellaneous Provisions - Sets forth the effective dates of this Act.

Bill· SS. 1441 (102nd)referred

Agriculture Disaster Assistance Act of 1991

United States · United States Congress · 10 July 1991

Agriculture Disaster Assistance Act of 1991 - Title I: Emergency Livestock Assistance - Amends the Agricultural Act of 1949 to prohibit a person from receiving emergency feed assistance under this title and disaster assistance for the same 1991 weather damaged crops. Subjects eligible recipients to specified combined payments and benefits limitations. Directs the Secretary of Agriculture to implement an emergency forage program to reseed 1991 weather damaged forage crops. Limits: (1) Federal cost-sharing to 50 percent; and (2) individual payments to $3,500. Funds such program through the Commodity Credit Corporation (with a $50,000,000 limit). Directs the Secretary to implement an emergency freshwater aquaculture assistance program to restore 1991 weather damaged structures. Limits: (1) Federal cost sharing to 50 percent; and (2) program costs to $5,000,000. Title II: Emergency Crop Loss Assistance - Subtitle A: Annual Crops - Directs the Secretary to make 1991 disaster payments to producers of wheat, feed grains, upland cotton, extra long staple cotton, rice, peanuts, sugar, tobacco, oilseeds, and other nonprogram crops. Extends crop quality reduction disaster assistance through the 1991 crop year. Reduces disaster assistance payments in relation to Federal crop insurance payments. Requires producers to obtain Federal crop insurance for 1992 in order to be eligible for disaster payments and other specified assistance for 1991 crop losses. Sets forth exempted circumstances. Requires the Secretary to announce within a specified time the conditions for establishing a 1991 farm yield for forage-use-crops. Limits assistance under this subtitle to $100,000. Prohibits double payments on replanted acreage. Authorizes: (1) the substitution of crop insurance program yields for 1991 disaster assistance eligibility purposes; and (2) the Secretary to determine a de minimis yield for each crop eligible for reduced yield disaster payments. Subtitle B: Administrative Provisions - Directs the Secretary to make full disaster assistance available as soon as possible. Subtitle C: Sense of Congress - Expresses the sense of the Congress regarding disaster payments' purposes of preserving farm livelihoods and the financial health of rural communities. Title III: Other Emergency Provisions - Directs the Secretary to provide loan guarantees through the Rural Development Insurance Fund to rural businesses (including Indian tribes) who have suffered 1991 disaster damage. Limits: (1) individual guarantees to 90 percent of $500,000; and (2) aggregate guarantees to $200,000,000. Amends the Agricultural Act of 1949 to authorize temporary crop acreage base shifting.

Bill· SS. 1424 (102nd)open

A bill to amend chapter 17 of tile 38, United States Code, to require the Secretary of Veterans Affairs to conduct a mobile health care clinic program for furnishing health care to veterans located in rural areas of the United States.

United States · United States Congress · 28 June 1991

Directs the Secretary of Veterans Affairs, during the five-year period beginning on October 1, 1991, to conduct a rural mobile health care clinic program in States in which significant numbers of veterans reside in rural areas. Makes eligible for such mobile health care veterans otherwise eligible for veterans' health care who reside at least 100 miles from the nearest Department of Veterans Affairs health-care facility. Requires the Secretary to begin operation of at least three mobile health care clinics in each fiscal year of the program. Requires the Secretary to report to the Congress an evaluation of the program. Authorizes appropriations for FY 1992 through 1996.

Bill· SS. 1423 (102nd)open

Limited Partnership Rollup Reform Act of 1991

United States · United States Congress · 28 June 1991

Limited Partnership Rollup Reform Act of 1991 - Amends the Securities and Exchange Act of 1934 to revise proxy solicitation rules with respect to partnership rollup transactions (in which general partners combine several limited partnerships into one unit that trades on a stock exchange). Requires any proxy rules prescribed by the Securities Exchange Commission (SEC) to: (1) permit dissenting shareholders in a proposed rollup to contact other limited partners before the transaction date without first having to file a written proxy statement with the SEC; (2) prohibit any general partner from paying directly or indirectly any person providing solicitation services (a broker-dealer) on the basis of whether the solicitations either approve or disapprove the proposed transaction, or the compensation is contingent on the transaction's approval or completion; (3) require the issuer to provide to a shareholder (limited partner) a list of all limited and general partners involved in the proposed rollup; (4) require the rollup prospectus to be clear, concise, and understandable and summarize all effects of the proposed transaction, conflicts of interest, changes in voting rights and ownership interests, dissenters' rights, and other pertinent information; (5) provide that the soliciting material describe in reasonable detail any opinion, appraisal, or report that is prepared by a person, unaffiliated with the general partner or sponsor and received by the entity subject to the transaction or its affiliates and that is related to the proposed transition; (6) require that each prospectus be accompanied by an independent opinion on the rollup's fairness; and (7) give each shareholder at least 60 days to review the prospectus; and (8) contain such other provisions as the SEC determines necessary. Requires the rules of a national securities association to prevent association members from participating in any rollup transaction unless it protects the rights of dissenting limited partners, including: (1) the right to an appraisal and compensation, or to retain a security under the same terms as the original issue; (2) the right not to have dissenters' voting power unfairly reduced or abridged; (3) the right not to bear the costs of a rejected rollup; and (4) restrictions on the conversion of management profit-sharing interests and incentive fees into asset-based management fees. Requires a national securities exchange to prohibit the listing of any security resulting from a rollup transaction unless it provided for such dissenters' rights. Requires SEC rules to prohibit any national market system from trading any security resulting from a rollup transaction unless it provided for such dissenters' rights.

Bill· SS. 1402 (102nd)referred

Defense Federal Nuclear Facilities Waste Management Act

United States · United States Congress · 27 June 1991

Defense Federal Nuclear Facilities Waste Management Act - Title I: Nuclear Waste Management Fund - Establishes in the Treasury the Defense Federal Nuclear Facilities Environmental Response Fund. Transfers into the Fund all amounts appropriated for Federal nuclear waste management of defense Federal nuclear facilities. Directs the Secretary of the Treasury to report annually to the Congress on the financial condition and operation of the Fund. Requires Fund amounts to be expended to carry out Federal nuclear waste management. Directs the Secretary of Energy (Secretary) to establish a separate budget account for the Fund within the Office of Environmental Restoration and Waste Management. Title II: Environmental Management and Remedial Action - Requires any land use compliance plan entered into between the Secretary and a State or Indian tribe to contain a requirement that such parties will cooperate in the development of a land use plan for the region in which the facility or site is located and the remediation of the facility or site to the extent necessary to make it compatible with the land use plan. Requires the Secretary, at least 180 days before a stage of remediation is scheduled to be accomplished under a compliance agreement, to notify the Administrator of the Environmental Protection Agency (EPA) and the State or Indian tribe affected concerning whether such stage of remediation will be completed on time or whether such compliance agreement will need to be modified to permit the delay. States that a substantial modification of a compliance agreement shall not be made without opportunity for public comment. Directs the Secretary, in consultation with the EPA Administrator and affected States and Indian tribes, to prepare a plan describing nuclear waste management activities that are recommended to be undertaken over a period of five years at all defense Federal nuclear facilities under the jurisdiction of the Department of Energy (DOE). Outlines plan contents and requires the Secretary to publish a notice in the Federal Register as well as a brief analysis of such plan, with opportunity for public comment. Requires the Secretary to adopt a final plan within one year after publication of the proposed plan and to submit it to the President and the Congress. Directs the Secretary to annually review and update such plan. Requires the Secretary to annually prepare and submit to the President a request for appropriations sufficient to fund all of the activities identified in the five-year plans in order to ensure that milestones established in the enforceable agreements will be achieved. Requires all defense Federal nuclear facilities and sites to meet all Federal, State, and tribal environmental, health, and safety laws at the earliest practicable time. Requires the Secretary to complete the environmental restoration of all defense Federal nuclear facilities by the year 2019. Establishes in DOE an Office of Nuclear Waste Management to consolidate all waste management, remedial, environmental, and decommissioning programs related to defense Federal nuclear facilities within the Department and to improve the efficiency, cost-effectiveness, budgeting, and accountability of those programs. Requires the Director of the Office to carry out the functions of the Secretary under this Act and to be responsible for DOE's remedial action and waste technology programs other than those assigned to the Office of Civilian Radioactive Waste Management under the Nuclear Waste Policy Act of 1982. Provides that, in the execution of activities necessary to bring defense Federal nuclear facilities into compliance with Federal laws governing the management of nuclear waste and in the execution of any other actions for the decommissioning, decontamination, long-term care, and monitoring of defense Federal nuclear facilities, the Secretary and the EPA Administrator shall consult with and ensure the participation of affected States and Indian tribes. Requires requests for information pertinent to a defense Federal nuclear facility or site by an affected Governor or Indian tribe to be acted upon by the Secretary within 30 days. Directs the Secretary to make grants from the Fund to States affected by defense Federal nuclear facilities remedial actions in order to implement all actions necessary to achieve remedial environmental and compliance activities at defense Federal nuclear facilities. Requires such grant funds to also be used for testing and monitoring, evaluations and public education, information requests, and public comment. Directs the Secretary to make grants to an affected State to which the Administrator has delegated regulatory authority under Federal law governing the management of Federal nuclear waste for execution of such authority with respect to defense Federal nuclear facilities located in that State. Requires such States, prior to receiving such grants, to submit to the Congress certain analyses of grant amounts and of the adequacy of DOE's environmental restoration and waste management programs relating to defense Federal nuclear facilities within such State.

Bill· SS. 1381 (102nd)referred

Military Retirement Equity Act of 1991

United States · United States Congress · 26 June 1991

Military Retirement Equity Act of 1991 - Permits retired veterans with service-connected disabilities to receive reduced retired pay concurrently with veterans' disability compensation, as long as the person's entitlement to such retired pay is based solely on age, length of service, or both. Provides that the amount of the retired pay reduction shall be 100 percent of the veterans' disability compensation paid less the percentage of the veteran's disability rating.

Bill· SS. 1344 (102nd)open

Japanese-American National Historic Landmark Theme Study Act

United States · United States Congress · 20 June 1991

Japanese-American National Historic Landmark Theme Study Act - Directs the Secretary of the Interior to report to specified congressional committees on a National Historic Landmark Theme Study on Japanese-American history. Requires the Secretary to: (1) identify those sites that are appropriate for the study and that may be suitable for designation as National Historic Landmarks; and (2) prepare a list in order of importance or merit of the most appropriate sites for such designation. Authorizes appropriations.

Bill· SS. 1333 (102nd)referred

Federal Used Property for Humanitarian Relief Act of 1991

United States · United States Congress · 19 June 1991

Federal Used Property for Humanitarian Relief Act of 1991 - Amends the Federal Property and Administrative Services Act of 1949 to authorize the Administrator of the General Services Administration to make available to foreign governments or international relief agencies for humanitarian relief purposes nonlethal surplus personal property not needed for State disaster relief or by the American Red Cross or by States or territories for educational or public health purposes. Requires transfer of such property to the Secretary of State for distribution. Makes the Secretary responsible for the reacquisition of such property from the donee government or agency upon determining that its need for such property ceases to exist. Requires the Secretary to retransfer such property to the Administrator for further disposition. Authorizes executive agencies having any such property in a foreign country that has not been returned to the United States to make such a transfer. Repeals provisions authorizing the Secretary of Defense to make available for humanitarian relief purposes any nonlethal excess supplies of the Department of Defense.

Bill· SS. 1313 (102nd)referred

Rural Crime and Drug Control Act of 1991

United States · United States Congress · 18 June 1991

Rural Crime and Drug Control Act of 1991 - Title I: Fighting Drug Trafficking in Rural Areas - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize appropriations, and increase the base allocation, for rural drug enforcement assistance. Directs the Attorney General to establish a Rural Drug Enforcement Task Force in each of the Federal judicial districts which encompass significant rural lands. Specifies the membership of such task forces. Directs the Attorney General to cross-designate up to 100 Federal officers with jurisdiction to enforce Controlled Substances Act (CSA) provisions on non-Federal lands to the extent necessary to effect the purposes of this title. Requires the Director of the Federal Law Enforcement Training Center to develop a specialized course of instruction devoted to training law enforcement officers from rural agencies in the investigation of drug trafficking and related crimes. Authorizes appropriations. Title II: Federal Law Enforcement Agencies - Authorizes appropriations to hire, equip, and train not less than 350 agents and necessary support personnel to expand Drug Enforcement Administration investigations and operations against drug trafficking organizations in rural areas. Title III: Increasing Penalties for Certain Drug Trafficking Offenses - Ice Enforcement Act of 1991 - Amends the CSA to increase penalties for specified offenses involving crystalline methamphetamine. Title IV: Rural Drug Treatment - Amends the Public Health Services Act (PHSA) to require the Secretary of Health and Human Services to establish a program to provide grants to hospitals, community health centers, and other appropriate entities that serve nonmetropolitan areas to assist in developing and implementing projects that provide, or expand the availability of, substance abuse treatment services. Authorizes appropriations. Title V: Rural Drug Prevention - Amends the PHSA to require the Secretary, acting through the Administrator of the Alcohol, Drug Abuse, and Mental Health Administration (ADAMHA), to make grants to public and nonprofit private entities that serve nonmetropolitan areas to assist such entities in developing and implementing projects that provide, or expand the availability of, substance abuse prevention services. Sets forth requirements to receive grants. Directs the Administrator: (1) to give priority in awarding such grants to applications from community based organizations with experience serving nonmetropolitan areas and projects that are designed to serve areas that have no available existing treatment facilities; and (2) to the extent practicable, to provide grants to fund at least one project in each State. Limits grant awards to a period of up to three years, but allows the Administrator to establish a procedure for grant renewal. Authorizes appropriations. Requires the alcohol and drug abuse information clearinghouse required to be established under the PHSA to: (1) gather information pertaining to ADAMHA and other rural drug abuse treatment and education projects operating throughout the United States; and (2) disseminate information to rural hospitals, community health centers, community mental health centers, treatment facilities, community organizations, and other interested individuals. Title VI: Rural Land Recovery Act - Directs State and Federal prosecutors, when bringing charges against the operators of clandestine methamphetamine and other dangerous drug laboratories, to include, in addition to drug-related charges, counts involving infringements of applicable environmental protection laws, including illegal disposal of hazardous waste and knowing endangerment of the environment. Authorizes such prosecutors and private citizens to bring suit against the operators of such laboratories for environmental and health-related damages caused by the operators in their manufacture of illicit substances.

Bill· SS. 1296 (102nd)referred

Unemployment Insurance Reform Act of 1991

United States · United States Congress · 13 June 1991

Unemployment Insurance Reform Act of 1991 - Title I: Optional Supplemental Unemployment Benefits Program - Allows States to enter into and participate in an agreement with the Secretary of Labor (the Secretary) to provide optional supplemental unemployment compensation under this Act in lieu of extended unemployment compensation under the Federal-State Extended Unemployment Act of 1970 (if the State has a State unemployment compensation law approved by the Secretary under which such extended compensation is payable). Allows a State to terminate such agreement upon 30 days written notice to the Secretary. States that supplemental benefits are for unemployed workers who have exhausted their basic 26 weeks of regular benefits in States experiencing specified elevated levels of employment. Provides for up to 26 weeks of such supplemental benefits for an eligible individual. Requires that the supplemental benefit period in a State last at least 26 weeks, but that no other such period shall begin until five weeks after the close of a prior such period. Bases the State "on" indicator or trigger for a week of such supplemental benefits on whether, for the most recent three calendar month period for which data are available, the seasonaly adjusted average rate of total unemployment (TUR) in the State equals or exceeds: (1) seven percent; and (2) 120 percent of the average of such rates for the corresponding three-month period ending in each of the preceding two calendar years. Establishes a special rule to declare there is a State "on" indicator if: (1) the State TUR for such period is at least six percent but less than seven percent; and (2) the national TUR for such period is seven percent or more. Declares there is a State "off" indicator for a week when the most recent three-month period does not satisfy such requirements. Sets forth a formula for determining the amount of any optional supplemental benefits account, with a variable limit based on the State's average unemployment rate. Provides for payments to States having agreements for the payment of optional supplemental compensation benefits. Authorizes appropriations to the extended unemployment compensation account in amounts necessary to carry out this Act. Sets forth sanctions for fraud and overpayments. Makes conforming amendments to the Social Security Act. Title II: Extended Unemployment Compensation Reform - Amends the Federal-State Extended Unemployment Compensation Act of 1970 to revise the State "on" and "off" indicators or triggers for a week. Declares that there is State "on" indicator for a week if there is: (1) a State TUR, for the most recent three-month period for which data are available, which is seven percent or more and which is 120 percent or more of average of certain earlier rates; or (2) a national TUR for the most recent such period of eight percent or more. Declares there is on "off" indicator for a week when such "on" requirements are met. Amends the Social Security Act to establish a contingency fund for costs of unemployment compensation administration during periods of high unemployment. Provides for an additional specified amount to be appropriated for every increase of 100,000 persons (with pro rata amounts for smaller increases above the first 100,000 increase) in the insured unemployment level above that assured in the President's budget proposal for that fiscal year. Designates such appropriations emergency direct spending and an emergency requirement in reports required under the Balanced Budget and Emergency Deficit Reduction Act of 1985 (Gramm-Rudman-Hollings Act), as amended by the Omnibus Budget Reconciliation Act of 1990. Repeals specified provisions of Federal law which limit ex-military service personnel's eligibility for regular unemployment benefits to the 13 weeks after a four-week waiting period (thus making such individuals eligible for such benefits on the same basis as other unemployed workers, that is, for 26 weeks after a one-week waiting period). Amends the Internal Revenue Code with respect to approval of State unemployment compensation laws to: (1) allow States (by making benefit denial discretionary rather than mandatory) to pay unemployment benefits to nonprofessional employees (i.e. support staff) of educational institutions between academic years or terms if they are otherwise eligible; and (2) require States to determine eligibility for compensation on an individual's work history, which includes such history for the most recent calendar quarter (setting specified deadlines for a State to meet such requirement).

Bill· SJRESS.J.Res. 161 (102nd)open

A joint resolution to authorize the Go For Broke National Veterans Association to establish a memorial to Japanese-American War Veterans in the District of Columbia or its environs, and for other purposes.

United States · United States Congress · 13 June 1991

Authorizes the Go for Broke National Veterans Association to establish a memorial on Federal land in the District of Columbia or its environs to honor Japanese-American War Veterans. Prohibits any Federal funds from being used to pay any expense of the establishment of the memorial.

Bill· SS. 1249 (102nd)referred

Racial Justice Act of 1991

United States · United States Congress · 6 June 1991

Racial Justice Act of 1991 - Amends the Federal judicial code to make it unlawful to impose or execute sentences of death under color of State or Federal law in a racially discriminatory pattern. Prohibits a person from being put to death in the execution of a sentence imposed pursuant to any law if that person's death sentence furthers a racially discriminatory pattern. Provides that ordinary methods of statistical proof shall suffice to establish a racially discriminatory pattern. States that it shall not be necessary to show discriminatory motive, intent, or purpose on the part of any individual or institution. Establishes the requirements for a prima facie showing that a racially discriminatory pattern exists. States that a State or Federal entity may rebut a prima facie showing by establishing by clear and convincing evidence that identifiable nonracial factors explain the racial disparities constituting the pattern. Requires any State or Federal entity that provides for the imposition of the death penalty to collect and maintain pertinent data on the charging, disposition, and sentencing patterns for all cases of death-eligible crimes. Provides for the appointment of counsel for all indigent clients (and the furnishing of investigative and other services) for habeas corpus actions arising under this Act. Provides that no State court determination on the merits of a factual issue pertinent to a claim under this Act shall be presumed to be correct unless: (1) the State has collected and maintained the necessary death penalty data; and (2) the determination was made in a court proceeding where the defendant was afforded his rights required under this Act. States that nothing contained in this Act shall be construed to affect the lawfulness of any sentence of death that does not violate this Act. States that the failure to raise such a claim before the enactment of this Act shall not bar future claims.

Bill· SS. 1243 (102nd)referred

Promotion of Democracy and Respect for Human Rights in Guatemala Act of 1991

United States · United States Congress · 6 June 1991

Promotion of Democracy and Respect for Human Rights in Guatemala Act of 1991 - Prohibits the provision of unobligated military assistance and all military assistance for FY 1992 and 1993 to Guatemala until the President reports to the Congress that: (1) the Government of Guatemala has conducted investigations and prosecutions of those responsible for specified murders; (2) military harassment and assassinations with respect to human rights activists have ceased and such activists may freely carry out activities; (3) respect for rights of certain freedoms and political pluralism have increased; (4) internationally recognized workers' rights have been extended to Guatemalan workers; (5) the Guatemalan Government is prosecuting members of the police force who are responsible for murders and disappearances of street children; and (6) the Guatemalan Government has put an end to the practice of forced civil patrol duty. Provides that unobligated economic support fund (ESF) assistance and ESF assistance for FY 1992 and 1993, development assistance, and assistance under the Agricultural Trade Development and Assistance Act of 1954 for Guatemala may be used only by civilian agencies and nongovernmental organizations and shall be limited to assistance for: (1) the Guatemalan human rights ombudsman; (2) programs that address poverty and basic human needs; (3) fiscal administration; (4) the National Reconciliation Commission; and (5) the improvement of the performance of democratic institutions or the promotion of political pluralism. Prohibits the use of such assistance for partisan political purposes or as an instrument of counterinsurgency. Makes restrictions on the use of such assistance inapplicable if the President reports to the Congress that the Guatemalan Government has: (1) conducted investigations and prosecutions of those responsible for the murders and mistreatment of named individuals; and (2) made substantial progress towards a fiscally responsible tax policy and improved fiscal administration. Expresses the sense of the Congress that the President should encourage other nations to cease the provision of military assistance to Guatemala until conditions under this Act have been met. Requires the President to report biennially to specified congressional committees on: (1) countries, companies, and individuals engaged in the sale or export of military equipment to the Guatemalan Government; and (2) the nature and type of such equipment.

Bill· SS. 1227 (102nd)open

HealthAmerica: Affordable Health Care for All Americans Act

United States · United States Congress · 5 June 1991

HealthAmerica: Affordable Health Care for All Americans Act - HealthAmerica Act - Title I: Amendments to Public Health Service Act - Amends the Public Health Service Act to create a new title on basic health benefits for employees and their families. Requires each employer, with regard to each of its full-time employees and their families, and allows an employer, with regard to all of its part-time employees and their families, to: (1) enroll them in a health benefit plan under provisions of this Act; or (2) make a contribution for coverage of the employees and their families under the public health insurance plan added by this Act to the Social Security Act. Requires employers making a contribution to follow prescribed procedures to facilitate enrollment of its employees, including distributing and submitting enrollment forms and withholding and submitting payroll deductions. Requires, beginning seven years after enactment of this Act, that an individual seeking benefits under a Federal program certify possession of health insurance meeting minimum standards under this Act. Conditions claiming of a personal exemption deduction under the Internal Revenue Code on the individual filer certifying coverage meeting such standards. Title II: Requirements for Health Benefit Plans - Allows, except for provisions of title III of this Act relating to small and medium-sized business insurance, an employer to meet the requirements of this title through any health benefit plan. Exempts, in certain circumstances, employers in the State of Hawaii from the requirements of this title so long as the Hawaii Prepaid Health Care Act remains in effect. Requires that enrollment of an employee include enrollment of the employee's family and prohibits waiver of enrollment of the employee or the employee's family, subject to exception to avoid duplicate enrollment. Permits variations in premiums, deductibles, copayments, and coinsurance which are actuarially equivalent to the requirements in certain provisions of this title. Establishes an Advisory Board to develop actuarial equivalency standards and to deal with other matters concerning the administration of this title. Sets forth general requirements for plan coverage, including, subject to certain limitations, inpatient and outpatient hospital care, inpatient and outpatient physician services, diagnostic tests, prenatal and well-baby care, preventive services (limited to well child care, pap smears, and mammograms), and inpatient and outpatient mental disorder care. Prohibits limitations on the amount, scope, and duration of certain benefits. Allows such limitations on specified other benefits. Allows a plan to: (1) provide benefits through managed care systems; (2) select particular providers or types, classes, or categories of providers; and (3) establish different levels of payment for different providers. Allows an employer to establish a fee schedule or other basis for payment different from charges, provided the payment is sufficient to achieve adequate access to plan services without additional out-of-pocket expenses, but for permitted copayments and deductibles. Requires inpatient mental health care to include payment for professional services by a physician or a licensed or certified clinical psychologist. Requires plan coverage to include outpatient services by a licensed or certified clinical psychologist or a provider with training and education equivalent to a licensed clinical social worker. Mandates reports to the Congress regarding: (1) possible changes to the preventive services covered; and (2) the cost-effectiveness and desirability of coverage of colorectal cancer, prostate cancer, and osteoporosis screening and of coverage of outpatient prescription drugs. Specifies when plan coverage must begin in various circumstances. Prohibits preexisting condition limitations or exclusions. Allows a part-time employee who is charged an increased premium under specified provisions of this Act to waive enrollment. Requires the employer, in such case, to pay, under title V of this Act, the minimum amount the employer would have paid toward coverage if the employee had not waived enrollment. Requires continuation of employee or family coverage during a period of hospitalization. Permits a plan to require an enrollee to pay premiums, deductibles, copayments, and coinsurance amounts, subject in each case to certain limits. Limits out-of-pocket expenses. Mandates administration of certain requirements and standards of this title by the State agency designated by the State's chief executive officer. Requires certain notice to the employee, including plan contents, the availability of premium and cost-sharing subsidies, and employer failure to make premium payments. Provides for establishment of model plan language. Requires each plan to designate an individual to answer questions on the plan. Requires the State administering authority to assist employees regarding their rights under the plans. Provides for review of denied claims. Allows an employer to offer a nonmanaged care plan as well as a managed care plan. Allows an employee, if no unmanaged plan is offered, to use nonparticipating providers. Allows a plan to provide for cost-sharing of up to 200 percent of the normal or minimum plan if nonparticipating providers are used. Provides for a civil monetary penalty on an employer, up to a specified percentage of all wages paid by the employer for the year, for failure to comply with specified provisions of this Act. Requires penalties collected to be credited to the public health insurance plan established by this Act. Makes an employer that knowingly does not comply with specified provisions of this Act liable for damages, including health care costs, to the employee or the family of the employee. Allows the employee or family to bring a civil action to recover damages. Title III: Special Assistance for Small and Medium Sized Businesses - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to declare that certain provisions of ERISA supersede any State law relating to benefits under title II of this Act. Includes benefit plans under that title in the ERISA definitions of "employee welfare benefit plan" and "welfare plan." Subtitle A: Reform of Small Group Insurance - Amends the Public Health Service Act to create a new part, and amends (using similar language) the Social Security Act to create a new title, on group health insurance standards. Prohibits issuing a health benefit plan in a State, or offering a new contract under such a plan with respect to a small employer (defined as having fewer than 100 employees), unless the plan meets certain standards under this Act. Provides for: (1) complaints by individuals and entities respecting potential violations of certain requirements of this subtitle; (2) investigations and related procedures; and (3) enforcement, including cease and desist orders, civil monetary penalties, and orders to take other corrective action. Requires penalties collected to be credited to the AmeriCare Trust Fund. (Provides, in the amendments to the Social Security Act, but not in the amendments to the Public Health Service Act, for imposition on a carrier that is not in compliance with provisions of this subtitle of an excise tax, as provided in subtitle B of this title.) Directs the Secretary to request the National Association of Insurance Commissioners (NAIC) to develop a model Act and model regulations to implement requirements of this subtitle. Requires establishment of a toll-free telephone number to: (1) handle consumer complaints or inquiries; and (2) provide information to small employers and consumers about carriers that offer plans in the area. Mandates periodic audits of State regulatory programs by the Comptroller General to determine compliance with provisions of this subtitle. Sets forth transitional provisions applicable only to plans offered to small employers during the first four years after the effective date of these provisions, including: (1) allowing, in certain circumstances, preexisting condition exclusion; and (2) requiring making available equivalent coverage during any waiting period before the individual may be covered by the plan. Requires carriers offering a plan to small employers to: (1) register with State regulatory authorities; and (2) offer the same plan to any other small employer in the community. Allows: (1) health maintenance organizations (HMOs) to have geographic and size limitations; and (2) carriers to require participation by a minimum percentage of employees. Requires, at the option of the business, plan renewability under the same terms as for issuance, except for rates and administrative changes. Regulates rate changes. Requires premiums for plans offered to small employers to be based on a single cohesive rating system applied consistently for all small employer groups and designed not to treat groups, after the fourth year after enactment of this Act, differently based on health status or risk status. Requires the lowest rate for plans with similar benefits within a block of business to be the same for all small employers. Limits the percentage by which the premium rate for the most expensive block of business may exceed the rate for the least expensive block of business. Allows limited variation in premium rates for: (1) different age and gender groups; and (2) employers who elect, under provisions of this Act, reimbursement under title XVIII (Medicare) of the Social Security Act. Requires plans offered to small employers to permit enrollment and compute premiums based on four specified beneficiary classes. Requires plans offered to small employers to: (1) cover all basic health services specified in title II of this Act; and (2) not impose cost-sharing in excess of that permitted by title II (with regard to the amendments to the Public Health Service Act) or in excess of that permitted by the Social Security Act, as amended by title VI of this Act (with regard to the amendments to the Social Security Act.) Requires the carrier, except HMOs, to offer to the small employer a plan that only provides basic services and maximum cost-sharing. Requires a carrier (other than an HMO or a reinsurance carrier) which offers a managed care plan to an employer that is not a small employer to make a managed care plan available to small employers in the same community. Requires the NAIC to develop a model to standardize benefits offered to small employers to promote consumer understanding and comparison among plans. Requires each carrier offering a plan to small employers under subtitle E (relating to payment for services at Medicare rates) of this title to offer the employer the option of having payment at rates no higher than the rates established by title II of this Act (with regard to the amendments to the Public Health Service Act) or by title XVIII (Medicare) of the Social Security Act (with regard to the amendments to the Social Security Act). Applies, with regard to an employer who elects such option, the limits on charges that may be made under Medicare to individuals receiving benefits under the plan. (Applies, with regard to the amendments to the Social Security Act, the sanctions imposed under Medicare and title XI (general provisions and peer review) of the Social Security Act to violations of these limits.) Requires the NAIC to develop models of legislation for the enactment of health insurance policy reinsurance systems for use by States, including plans offered to small employers. Specifies three models which must be included. Requires any system enacted to provide for an adjustment in reinsurance premiums charged to HMOs that takes into account specified factors. Subtitle B: Tax Equity for Small and Medium-Sized Business - Amends the Internal Revenue Code to allow self-employed individuals to take a deduction for 100 percent of the cost of health insurance coverage for the individual and the individual's family under subtitle A of this title or under AmeriCare. (Current law allows a deduction of 25 percent of the cost of health insurance coverage.) Provides for a deduction for certain group health plan contributions for the benefit of self-employed individuals. Imposes an excise tax on an entity's violation of the Social Security Act, as amended by subtitle A of this title. Subtitle C: Opportunity for Voluntary Provision of Coverage - Prohibits requiring a medium-sized employer (defined as having between 25 and 100 employees) to provide a health benefit plan under title II of this Act or make a contribution under title V of this Act until the fifth calendar year after enactment of this Act. Ties application to medium-sized employers of the requirement to provide coverage or make a contribution to the number of uninsured employees of all such employers, during or after those four years, as compared to the number of such employees when this Act is enacted. Delays application to small employers of the requirement to provide coverage or make a contribution until the sixth calendar year after enactment of this Act. Ties application of the requirement to the change in the number of uninsured employees of small employers in the first five years. Subtitle D: Small Business Tax Credit - Amends the Internal Revenue Code to allow an eligible small business (defined as having no more than 60 employees) a tax credit for a percentage of health plan expenses. Reduces the percentage as the number of employees increases and as the expanded profit ratio increases. Subtitle E: Additional Assistance to Small and Medium-Sized Businesses - Makes businesses with fewer than 100 employees that did not provide coverage in the year before enactment of this Act eligible to buy private coverage from a small or medium-sized business insurer under which health service providers are paid at rules based on Medicare rates. Allows a small employer that employs fewer than 25 employees and that has been an employer for not more than three years to: (1) not provide coverage or make a contribution for the first two years of being an employer; and (2) make a contribution at one-half the normal rate. Establishes a small and medium-sized business advisory committee. Authorizes appropriations. Title IV: Reducing Health Care Cost Inflation - Subtitle A: Outcomes Research and Practice Guideline Development and Dissemination - Amends the Public Health Service Act to require the Administrator for Health Care Policy and Research to: (1) develop an initial set of guidelines for at least three clinical treatments or conditions that account for a significant portion of national health expenditures, have a significant variation in treatment, or otherwise meet specified needs and priorities; and (2) develop outcomes research and practice parameters for mental health services, including regarding childhood attention deficit disorders and manic depression. Amends the Social Security Act to increase the authorization of appropriations to carry out provisions relating to research on outcomes of health care services and procedures. Modifies the percentages which are, during FY 1993 and 1994, to be appropriated from the Federal Supplementary Medical Insurance Trust Fund. Subtitle B: Federal Health Expenditure Board - Amends the Public Health Service Act to establish as an independent agency in the executive branch the Federal Health Expenditure Board. Amends the Public Health Service Act and, using similar language, the Social Security Act to require the Board to take specified actions, including: (1) developing national health care expenditure, access, and quality goals; (2) convening and overseeing negotiations between providers and purchasers to develop payment rates regarding those expenditure goals; (3) establishing recommended payment levels and other recommended measures; (4) developing State and regional goals; (5) establishing uniform billing and claim forms and mandatory reporting requirements; and (6) recommending rates, budgets, and other measures. Mandates that the Board require negotiations regarding physician and hospital care. Allows the Board to require negotiations concerning other health care sectors. Declares that the Board shall determine which individuals, organizations, and institutions are eligible for representation by negotiators. Sets forth procedures and requirements regarding approval of an organization or individual as a negotiator. Sets forth requirements regarding payment systems adopted for hospitals or physicians. Requires the Board, when negotiators for a sector fail to reach an agreement, to promulgate regulations recommending advisory rates and other matters to achieve the goals. Allows, with regard to the amendments to the Public Health Service Act, purchasers and providers to combine for the purpose of agreeing to pay or charge at the recommended rates. Allows, with regard to the amendments to the Social Security Act, purchasers to combine for such purpose. Makes a provider assessing or a purchaser paying rates other than those required: (1) ineligible for any assistance under the Public Health Service Act (with regard to the amendments to the Public Health Service Act) or for any assistance under the Social Security Act (with regard to the amendments to the Social Security Act); and (2) liable to the United States for a civil monetary penalty. Provides for temporary injunctive relief. Requires the Board to promulgate regulations recommending nonbinding rates for all Federal programs that reimburse providers on a fee, charge, or cost basis or charge third-party providers on such basis. Exempts from that requirement: (1) with regard to the amendments to the Public Health Service Act, programs under titles XVIII (Medicare), XIX (Medicaid), or XXI (AmeriCare) of the Social Security Act; and (2) with regard to the amendments to the Social Security Act, programs under such title XVIII. Prohibits, through the fifth fiscal year after enactment of these provisions, Federal payments from rising as a result of such rates. Allows a State consortium, with the approval of the Board, to establish an alternative payment system, rates and methods for achieving Board goals. Requires the Board to establish a system of uniform billing and reporting to enable the Board to determine the progress in meeting the goals, enable providers and purchasers to provide and obtain efficiently provided care, and reduce administrative costs of the health care system. Directs the Secretary to develop and implement methodologies that will measure the effectiveness of the health care service provided by health care providers. Amends Federal law to add members of the Board to the list of positions paid at levels III and IV of the Executive Schedule. Amends the Social Security Act to require the Board to make recommendations regarding hospital and physician services, including modifications of the prospective payment system and the physician payment system. Prohibits, through the fifth fiscal year after enactment of these provisions, the recommendations from increasing Federal payments. Subtitle C: State Purchasing Consortia - Amends the Public Health Service Act to mandate establishment in each State of a consortium open to all providers and purchasers of health insurance and health care in the State. Directs the Secretary of Health and Human Services to make a grant to each State for establishment and initial operation of the consortium. Amends the Public Health Service Act and, using similar language, the Social Security Act to set forth the mandatory consortium functions, including: (1) enrolling all small share health insurance companies in the State as consortium members; (2) establishing a claim payment fund and payment procedures, with the fund to be capitalized through public and private contributions and assessments by the consortium on such enrollees; (3) developing and using uniform billing and claim forms and procedures consistent with subtitle B of this title; and (4) attempting to reduce administrative costs and burdens on enrollees and providers through specified measures. Lists optional consortium functions, including: (1) permitting insurers with a large market share in a State to participate in the consortium; and (2) convening negotiations with providers, purchasers, and others on service availability, coverage and reimbursement levels, and claim submission and payment procedures. Exempts such negotiations, if authorized by the State, from Federal anti-trust laws. Declares that the Consumer Product Safety Act and other Federal consumer protection laws apply to the mandatory consortium functions. Allows States to enter into an agreement for the establishment of a regional consortium. Declares that a State that fails to comply with the requirements regarding consortia shall be ineligible: (1) with regard to the amendments to the Public Health Service Act, to receive assistance under that Act; and (2) with regard to the amendments to the Social Security Act, to receive payments to States under provisions of that Act, as amended by title VI of this Act. Amends the Public Health Service Act to authorize appropriations to carry out provisions relating to the consortia. Subtitle D: Cost Control Grant Program - Amends the Public Health Service Act to authorize grants and contracts for the development, demonstration, and evaluation of innovative methods for reducing health care costs. Provides for the establishment of a clearinghouse and other activities to disseminate information on successful health care cost control methods. Authorizes appropriations. Subtitle E: Malpractice Reform - Authorizes grants to States for programs for medical malpractice reforms. Requires programs receiving grants to include alternative dispute resolution methods. Allows the programs to include medical practice guidelines. Requires a grant to be either: (1) a planning grant, for up to two years; or (2) an operational grant, for up to five years. Authorizes appropriations. Provides for the collection and analysis of data and issues related to: (1) ineffective or unnecessary testing; (2) the occurrence of malpractice and malpractice awards; (3) licensing and disciplining; and (4) malpractice insurance. Authorizes appropriations. Subtitle F: Reducing the Administrative Cost of Assuring Appropriate Utilization of Health Care Services and Improving the Quality of Health Care Services - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to contract with the quality improvement board in each State to review the quality of health care provided by professionals and institutions in the State and to establish mechanisms to encourage continuous quality improvement. Amends the Public Health Service Act and, using similar language, the Social Security Act to set forth board duties, including: (1) adopting practice guidelines and quality improvement guidelines; (2) recommending continuous quality improvement measures; (3) reviewing provider performance, with the board allowed to certify a provider as an outstanding provider; and (4) data collection. Prohibits a plan from: (1) denying payment for any service performed or ordered by a provider certified as outstanding; and (2) denying coverage on the basis that the service is not medically necessary. Authorizes planning grants to facilitate the establishment of a board in each State. Authorizes appropriations. Subtitle G: Use of Practice Guidelines in Federal Health Insurance and Service Programs - Requires that clinical guidelines developed under existing provisions of the Public Health Service Act relating to the Forum for Quality and Effectiveness in Health Care be used in Federal health insurance programs as utilization review screens and as practice guidelines in Federal programs providing health care services. Subtitle H: National Standards for the Promotion of Managed Care - Amends the Public Health Service Act to prohibit any State law or regulation from: (1) prohibiting a managed care plan from selecting providers, or the type of providers, as the participating providers; or (2) limiting the ability of a managed care entity to negotiate, make contracts or establish alternative rates or forms of payment for participating providers, or require or provide incentives to promote the use of participating providers. Allows, notwithstanding any State law, an entity to offer utilization review services, provided certain procedures are established. Makes the applicable State regulatory authority (or, in certain circumstances, the Secretary of Health and Human Services) responsible for certifying, for the Public Health Service Act and the Social Security Act, whether a plan is a managed care plan. Prohibits making amounts available to a State under the Public Health Service Act unless the State is in compliance with this requirement. Deems a State, unless the State's chief executive officer otherwise indicates, to have elected to comply. Limits State regulation of certain actions by managed care plans. Provides for the establishment of Federal standards for utilization review programs of health benefit plans. Preempts inconsistent State laws or regulations. Subtitle I: Expansion of Technology Assessment - Requires the Administrator for Health Care Policy and Research to focus on expanding and applying assessments of existing health care technologies, to be achieved in part through an evaluation of services provided to individuals through publicly and privately funded sources. Mandates a program of contracts and cooperative agreements for the establishment of public-private partnerships to undertake technology assessment and related activities in the private sector. Title V: Contribution by Employers Not Providing Private Health Coverage - Amends the Internal Revenue Code to provide for the percentage of wages which must be paid by employers who elect, under provisions of this Act, to pay a contribution rather than provide a health benefit plan covering their employees. Provides for setting, by the Secretary of Health and Human Services, of that percentage at a level that reflects the cost of coverage of no more than 65 percent of those employees under provisions of the Social Security Act (as amended by this Act) and at least 35 percent covered under provisions of the Public Health Service (as amended by this Act). Title VI: Assuring Provision of Health Benefits to All Americans - Amends the Social Security Act to create a new title on "AmeriCare," under which a State is required to provide basic health benefits described in this title to: (1) any child or pregnant woman without other nongovernmental health coverage by the second year after enactment of this title; (2) any employee or family member for whom an employer makes a contribution under title V of this Act by the second year after enactment of this title; and (3) any individual not covered by a plan under title II of this Act by the seventh year after enactment of this title. Sets forth other requirements on States for participation in AmeriCare. Entitles each individual not otherwise covered under a health benefit plan under title II of this Act to basic health benefits under AmeriCare. Allows each State to require that employers collect AmeriCare premiums on behalf of the employer's employees. Requires basic benefits to include inpatient and outpatient hospital care, inpatient and outpatient physician services, diagnostic tests, prenatal and well-baby care, preventive services (limited to well child care, pap smears, and mammograms), inpatient and outpatient mental disorder care, and certain items and services described under existing provisions of title XIX (Medicaid) of the Social Security Act relating to early and periodic screening, diagnosis, and treatment for children under the age of 21. Requires, subject to exception, the basic health benefits with respect to special eligibility individuals to include medical assistance in the State's plan under Medicaid. Allows a State to provide, but prohibits Federal payment for, coverage beyond basic benefits. Prohibits imposing premiums, deductibles, or other cost-sharing on an individual in an under-poverty family. Sets varying limits on premiums, deductibles, and other cost sharing for individuals in families whose income is specified percentages over the poverty line. Provides for the premium levels of employees whose employer elects, in lieu of providing a health benefit plan, to make a contribution under title V of this Act. Allows States to compute premiums separately for four specified combinations of individual, spouse, and child coverage. Limits deductibles, copayments, coinsurance, and out-of-pocket expenses. Declares ineligible for AmeriCare benefits an individual who is enrolled in a health plan under title II of this Act, except that AmeriCare is required to pay, with respect to an individual covered by a plan or whose employer makes a contribution under title V of this Act, for: (1) premiums, deductibles, and other cost-sharing for an individual in an under-poverty family; and (2) a specified percentage of premiums, deductibles, and other cost-sharing for an individual in a near-poverty family. Requires that an individual receive advanced payment of supplemental premium payments for the calendar year from AmeriCare. Disqualifies all family members from the supplemental payments if a required family income statement is not filed by a specified deadline. Requires payment under AmeriCare to be: (1) on the same basis as under title XVIII (Medicare) of the Social Security Act, adjusted by the Secretary of Health and Human Services to take into account differences between the population served under Medicare and the population served by AmeriCare or title II of this Act; (2) according to an alternative payment system provided for by a State, if the State meets in the aggregate for all health care providers in the State the requirements for national reimbursement levels described in these provisions; or (3) under Medicare rates phased-in over specified periods. Prohibits administrative or judicial review of the payment rates or rules, including adjustments, under these provisions. Allows a State to contract for the design and implementation of innovative systems of health care delivery and administrative systems that meet the standards of the AmeriCare title. Requires each State, as part of AmeriCare, to offer managed care plans, selected competitively, in which an individual eligible under AmeriCare may enroll. Directs the Secretary of Health and Human Services to establish demonstration projects to enable States that submit an approved application to implement cost management initiatives that promote the effective furnishing of care. Specifies initiatives required to be included. Allows the Secretary to provide that a State plan for AmeriCare may include payment for services described in existing provisions of title XIX (Medicaid) of the Social Security Act relating to home or community-based services. Provides for the administration of AmeriCare in each State, directly or by contract: (1) by that State; (2) at the election of the State and with the approval of the Secretary, by the Secretary; or (3) by a regional administration with other States approved by the Secretary. Provides for review of denied claims and other administrative matters. Mandates a quarterly Federal payment to each State with an approved AmeriCare plan for the Federal share of the expenditures for benefits, supplemental payments, and administrative expenses. Sets the State share of expenses at 80 percent of the State percentage under title XIX (Medicaid) of the Social Security Act during the second year after enactment of this Act and increases that percentage until 100 percent of the State medicaid percentage is reached in the seventh year after enactment. Establishes in the Treasury the AmeriCare Trust Fund consisting of such gifts and bequests as may be made and amounts credited to the Fund. Appropriates to the Fund the amounts received from: (1) contributions by employers under title V of this Act in lieu of health plan coverage; (2) AmeriCare premiums collected by employers on behalf of employees; (3) penalties collected for employment discrimination based on family status and the requirement to enroll a spouse or child; and (4) penalties collected for failure of an employer to either provide coverage or make a title V contribution. Authorizes appropriations to the Fund as required to make certain expenditures from the Fund. Authorizes and appropriates from the Fund each fiscal year a sum sufficient to carry out the purpose of the AmeriCare title, to be used for making payments to States with approved plans for benefits, supplemental payments, and administrative expenses. Requires amounts received in the Fund to be allotted to each State on the basis of amounts received in the Fund with respect to employees residing in the State. Make amounts in the Fund available, as provided in appropriations Acts, for the expenses of administering the AmeriCare title. Provides for review of AmeriCare programs by utilization and quality control peer review organizations in a similar manner as provided under title XVIII (Medicare) of the Social Security Act. Directs the Secretary of Health and Human Services to develop: (1) recommendations for the calculation of a specific Federal insurance assistance percentage applicable to coverage furnished under AmeriCare; and (2) recommendations for the creation of an emergency fund to fund certain benefits under AmeriCare in the event a State experiences changes in economic conditions or other conditions necessitating emergency funding. Mandates a reduction (by one quarter after the second year after enactment of this Act and by one half after the seventh year after enactment of this Act) in the Medicare disproportionate share adjustment percentage, subject to exception for hospitals receiving, under title VI of this Act, less that 200 percent of the reduction. Amends title XIX (Medicaid) of the Social Security Act to prohibit the provision of medical assistance under Medicaid to any individual eligible for AmeriCare. Provides for an annual increase in the Medicaid cap on payments to territories based on the percentage increase in the total Federal program costs of AmeriCare over such costs of Medicaid in the year preceding the effective date of this Act. Title VII: Development of Health Service Capacity - Amends the Public Health Service Act to mandate grants to entities that do or will meet requirements relating to migrant or community health centers to expand the availability of comprehensive primary health services in medically underserved or high impact areas. Sets forth priorities in making the grants, including that the amounts be used to provide services in areas with the greatest need and in which demand can be expected to increase after implementation of this Act. Authorizes appropriations. Title VIII: Effective Date - Sets forth the effective dates of specified provisions of this Act. Declares that, after enactment of this Act, no employer shall be required under title II of this Act to provide any health benefit in addition to the benefits required under specified provisions of title II, as in effect on the date of enactment, unless: (1) the additional benefit is for a service that AmeriCare plans are required to cover; and (2) before enactment of such requirement, the benefits and costs have been analyzed and considered by the Congress.