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Official portrait of Sen. Durenberger, Dave [R-MN]

Sen. Durenberger, Dave [R-MN]

United States · Official source

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3,436 records where Sen. Durenberger, Dave [R-MN] is listed as a sponsor, author, or other actor. Search with topics and years

Bill· SS. 2062 (102nd)open

Equal Remedies Act of 1991

United States · United States Congress · 26 November 1991

Equal Remedies Act of 1991 - Amends Federal law relating to damages in cases of intentional employment discrimination to remove provisions limiting the dollar amount of damages awarded for pecuniary and nonpecuniary losses and punitive damages.

Bill· SS. 2077 (102nd)open

Medicaid Managed Care Improvement Act of 1991

United States · United States Congress · 26 November 1991

Medicaid Managed Care Improvement Act of 1991 - Amends title XIX (Medicaid) of the Social Security Act to provide for State Medicaid coverage of coordinated care. Defines "coordinated care" as programs operated by any qualifying public or private health maintenance organization or primary care case management program (PCCMP). Revises provisions governing State plans for medical assistance under Medicaid to: (1) eliminate the requirement that Medicare (title XVIII of the Social Security Act) and Medicaid beneficiaries constitute less than 75 percent of the membership of any prepaid medical provider; (2) permit States to mandate enrollment of eligible individuals, provided the individuals have of choice of two or more plans, a choice between enrolling in a plan or in a PCCMP, or a choice among physicians to the extent that two-thirds of the physicians in the area particpate in the plan or system; and (3) require that a plan provide for implementation of an internal quality assurance program containing specified elements. Requires a State contracting for coordinated care: (1) with a PCCMP or a plan, to provide for specified quality assurance activities, including a State-operated enrollee grievance procedure and a survey and analysis of enrollee satisfaction; and (2) with a plan, to provide for an independent review of each plan's quality assurance activities by an organization external to the State. Authorizes the Secretary of Health and Human Services to provide for continuation of any operating managed care program without granting additional waivers if the program is successful in assuring quality and containing costs.

Bill· SS. 2108 (102nd)referred

Medical Waste Management Act of 1991

United States · United States Congress · 26 November 1991

Medical Waste Management Act of 1991 - Amends the Solid Waste Disposal Act to revise provisions concerning medical waste. Directs the Administrator of the Environmental Protection Agency to promulgate regulations for the storage and containment of regulated medical waste. Requires such waste to be: (1) segregated from other waste at the point of origin in the generating facility; and (2) contained separately from other waste, secured to deny access by unauthorized persons, and marked with prominent warning signs. Prohibits the storage of such waste in a manner which will allow it to putrefy. Sets forth specific requirements for containment methods. Permits the transfer of such waste by generators only to registered transporters. Prohibits the transport of such waste in the same vehicle with other waste unless the medical waste is separately contained or all of the waste is to be treated or disposed of as regulated medical waste. Permits the delivery of such waste for treatment or disposal only to facilities with valid permits. Directs the Administrator to establish requirements for the handling of such waste by persons in contact with the waste during the transportation process. Requires the decontamination of transport vehicles that have contacted spilled or leaked medical waste. Requires the Administrator to establish registration requirements for regulated medical waste transporters. Sets forth registration requirements, including a requirement that transporters show evidence of financial responsibility for potential cleanup costs. Requires fees to be collected from transporters for registration and inspections. Provides for annual inspections of medical waste transport vehicles by the Department of Transportation (DOT) and the annual expiration of registrations. Requires certificates of compliance issued by DOT to be placed on vehicles and containers that have passed annual inspections. Requires a transporter to notify DOT with respect to changes in ownership, name, or location or in connection with accidents or spills that render a vehicle in noncompliance with this Act. Directs the Administrator to apply regulations for roadway transporters to transporters using railways, airways, and waterways. Requires the Administrator to establish standards for the treatment or disposal of regulated medical waste. Prohibits the disposal of such waste without treatment. Requires treatment to be completed by specified methods of incineration or decontamination by heating in steam sterilizers. Permits noninfectious medical waste to be discharged through a sewer to a publicly owned treatment works unless prohibited by a State or local health officer or the owner or operator of the treatment works. Directs the Administrator to establish a process for qualifying other innovative treatment technologies. Sets forth requirements for the treatment and disposal of cultures of viable etiologic agents and recognizable human remains. Directs the Administrator to establish a system of shipping papers that must accompany shipments of medical waste from the generating facility to the treatment or disposal facility. Prohibits the acceptance or transport of such waste unless accompanied by such papers. Authorizes the Administrator to promulgate alternative requirements for small generators. Requires operators of medical waste treatment, storage, or disposal facilities to have valid medical waste management permits issued by the Administrator and approved operation plans. Provides for the submission of new or revised plans when there is a projected increase of more than 25 percent in the quantity of waste received per year by the facility or when there are changes made in plans. Withdraws approval for acceptance of waste for noncompliance with plans or permits. Requires facility operators to provide evidence of financial assurance as a permit condition. Directs the Administrator to promulgate regulations establishing the content of State programs to regulate medical waste. Requires the Administrator to study household medical waste and to designate waste that can be regulated by a collection and management system under this Act.

Bill· SS. 2091 (102nd)referred

Temporary Protected Status for Haitians Act of 1991

United States · United States Congress · 26 November 1991

Temporary Protected Status for Haitians Act of 1991 - Provides for temporary protected status for certain Haitian nationals. States that it is U.S. policy to strongly encourage members of the Organization of American States to protect Haitians who have fled their country.

Bill· SS. 2080 (102nd)referred

Preemption Clarification and Information Act of 1991

United States · United States Congress · 26 November 1991

Preemption Clarification and Information Act of 1991 - Provides that no Federal statute shall preempt any State or local government law, ordinance, or regulation (law) unless the statute explicitly states that such preemption is intended or unless there is a direct conflict between the statute and a State or local law that cannot be reconciled. Directs the Congressional Research Service to prepare and make available to the public, within 90 days after each Congress adjourns sine die, a report on the extent of Federal statutory preemption of State and local government powers enacted into law during the preceding Congress or adopted through judicial interpretation of Federal statutes. Requires copies of such report to be sent to the President and appropriate congressional committee chairmen.

Bill· SS. 2028 (102nd)open

Women Veterans' Health Equity Act of 1991

United States · United States Congress · 22 November 1991

Women Veterans' Health Equity Act of 1991 - Requires the Secretary of Veterans Affairs to furnish well-women care services to women veterans who: (1) have a service-connected disability; or (2) are eligible for veterans' hospital care and whose annual income does not exceed the maximum rate of pension that would be applicable if such a veteran were eligible for pension. Defines "well-women care services" as health care services provided outside the maternity cycle. Authorizes the Secretary to furnish such services, subject to certain conditions, to a woman veteran who is not eligible for services under the criteria of this Act, but who is otherwise eligible for hospital care. Sets forth requirements concerning personnel to provide such services. Directs the Secretary to initiate research and expand ongoing research into the health consequences for women veterans of the following matters: (1) breast cancer and cancer of the reproductive organs; (2) gynecological and hormonal matters; (3) Alzheimer's disease; (4) osteoporosis; and (5) post-traumatic stress disorder. Requires the Secretary to carry out a research study to determine: (1) the frequency of the diagnosis of psychotic illness as the basis for the admittance of female and male veterans to Department facilities; and (2) an explanation for the difference, if any, in such frequencies. Authorizes appropriations. Directs the Secretary to conduct a ten-year study to determine the health-care needs of women veterans and, as part of such study, examine the medical, biopsychosocial, and demographic histories of women veterans and women members of the armed forces serving on active duty. Authorizes appropriations. Directs the Secretary, in carrying out any medical research based on population analyses, to ensure that: (1) the research reflects matters that are significant for the general population of women in the United States; and (2) the population analyzed in such research is representative of the incidence of the condition or illness in the general population of women in the United States.

Bill· SS. 2015 (102nd)referred

A bill to urge and request the award of the bronze star to Navy and Marine Corps personnel who served in the defense of Corregidor Island, the Philippines, under General Wainwright.

United States · United States Congress · 21 November 1991

Urges and requests the President to require the Secretary of the appropriate military department to award the bronze star to each member of the Navy or Marine Corps who served under General Wainwright during the defense of Corregidor Island, the Philippines, during World War II.

Bill· SS. 1992 (102nd)referred

A bill to amend title XIX of the Social Security Act to provide for waivers to allow States that meet certain criteria to operate pharmaceutical benefit programs independent of the medicaid drug purchasing requirements.

United States · United States Congress · 20 November 1991

Amends title XIX (Medicaid) of the Social Security Act to direct the Secretary of Health and Human Services to provide for waivers from Medicaid drug rebate program requirements for States with approved plans that manage payment for covered outpatient drugs for which payments are made under Medicaid.

Bill· SS. 1970 (102nd)referred

Hmong Veterans' Naturalization Act of 1991

United States · United States Congress · 14 November 1991

Hmong Veterans' Naturalization Act of 1991 - Applies the naturalization through armed forces service provisions of the Immigration and Nationality Act to an alien who served in a special guerilla unit in Laos during the period February 28, 1961 to September 18, 1978. Waives the English language naturalization requirement for such an alien (or widow or spouse).

Bill· SS. 1966 (102nd)referred

National Child Protection Act of 1991

United States · United States Congress · 14 November 1991

National Child Protection Act of 1991 - Establishes a national criminal background check system to which a designated agency in each State is required to report child abuse crime information, for purposes of background checks of child care providers. Directs the Attorney General to establish: (1) guidelines for the reporting of such information; and (2) timetables for each State to report such information to such system (with a three-year deadline for all States to be reporting at a specified level of currency). Requires State agencies to maintain close liason for information exchange and technical assistance in cases of child abuse with the National Centers: (1) on Child Abuse and Neglect; (2) for Missing and Exploited Children; and (3) for the Prosecution of Child Abuse. Directs the Attorney General to publish annually: (1) a Statistical summary of the child abuse crime information reported under this Act; and (2) a summary of each State's progress in reporting child abuse crime information to the national criminal background check system. Requires the Administrator of the Office of Juvenile Justice and Delinquency Prevention to conduct a study to determine various factors relating to potential child abuse crimes and offenders, based on a statistically significant sample of convicted child abuse offenders and other relevant information. Requires a report on such study to be submitted to specified congressional committee officials. Provides for background check procedures. Allows entities that provide child care or child care placement services (including business or organizations that license or certify others to provide such services) to request State agencies to review State and Federal records through the national system, and other criminal justice recordkeeping systems, to determine if a child care provider is under indictment for, or has been convicted of, a background check crime. (Defines "provider" as one who is now or seeks to be: (1) employed by, or a volunteer with, a qualified entity; (2) an owner or operator of a qualified entity; or (3) having unsupervised access to any child to whom the qualified entity provides child care.) Directs the Attorney General to establish guidelines for such State background check procedures, permitting equivalent procedures under specified conditions. Authorizes the Attorney General to: (1) exchange Federal Bureau of Investigation identification records with authorized agencies for purposes of such background checks; and (2) authorize by regulation further dissemination of such records by authorized agencies for such purposes. Directs the Attorney General to: (1) prescribe by regulation any other measures necessary to carry out this Act; and (2) encourage use of the best technology available in conducting background checks. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to provide for use of certain formula grants to improve State record systems and the sharing of records of child abuse crime information to implement this Act. Directs the Attorney General to make additional grants to States to improve specified aspects of the child abuse crime information system, subject to appropriations and with preference to States having the lowest percent currency of case dispositions in computerized criminal history files. Authorizes appropriations for such additional grants. Authorizes the Attorney General, beginning one year after enactment of this Act, to reduce by up to ten percent the allocation to a State for a fiscal year under title I of the Omnibus Crime Control and Safe Streets Act of 1968 if the State is not in compliance with the child abuse crime information timetable established for it under this Act.

Resolution· SCONRESS.Con.Res. 77 (102nd)open

A concurrent resolution condemning the massacre of East Timorese civilians by the Indonesia military.

United States · United States Congress · 14 November 1991

Expresses the sense of the Congress that: (1) the President should suspend all International Military Educational Training Program funds to the Government of Indonesia, request a report to the UN General Assembly by the United Nations (UN) Special Rapporteur on Torture on the November 12, 1991, massacre of civilians in East Timor by Indonesian security forces, support the introduction of a resolution in the General Assembly instructing the UN Commission on Human Rights to appoint a Special Rapporteur for East Timor, and request that the Indonesian Government permit an investigation by the UN Special Rapporteur on Summary and Arbitrary Executions of the situation in East Timor and elsewhere in Indonesia and establish an independent commission to investigate the cause of the atrocity and to assist the prosecution of those responsible for the massacre; (2) the American Ambassador to Indonesia should immediately visit East Timor to investigate reports of the atrocity and of additional repression by Indonesian authorities; (3) the American policy of de facto acceptance of Indonesia's incorporation of East Timor should be reassessed.

Bill· SS. 1950 (102nd)referred

A bill to amend the Internal Revenue Code of 1986 to extend for 1 year certain expiring tax provisions.

United States · United States Congress · 12 November 1991

Amends the Internal Revenue Code to extend for one year the following expiring provisions: (1) the credit for increasing research activities; (2) the targeted jobs credit; (3) the tax exclusion for employer-provided educational assistance; (4) the authority to issue qualified small issue bonds to finance manufacturing facilities and farm property; (5) the itemized deduction for health insurance costs of self-employed individuals; (6) the authority to issue mortgage revenue bonds and mortgage credit certificates; (7) the rules on allocating research and experimental expenditures in determining income from sources within or without the United States; (8) the low-income housing credit; (9) the energy investment credit for solar and geothermal property; (10) the credit for clinical testing expenses for certain drugs for rare diseases or conditions; and (11) the minimum tax exception for gifts of appreciated tangible property.

Bill· SS. 1942 (102nd)open

Regulatory Review Sunshine Act of 1991

United States · United States Congress · 7 November 1991

Regulatory Review Sunshine Act of 1991 - Requires executive branch regulatory review entities to establish procedures to provide public access to information concerning each agency rulemaking activity under review. Describes the information to be made available to the public upon request, in a manner consistent with the Freedom of Information Act, within a week of its receipt or creation by the entity for review, and copying, in a public reading room. Requires a review entity to transmit to the rulemaking agency copies of any written communications between the entity and any person not employed by the Federal Government concerning the substance of a rulemaking activity of that agency. Requires a review entity to disclose to the rulemaking agency all oral communications between any such person and the review entity concerning the substance of a rulemaking activity of that agency. Requires the review entity to: (1) advise the rulemaking agency of the date, participants, and substance of such communications; and (2) invite the rulemaking agency head to meetings involving such communications. Requires a review entity to provide the rulemaking agency with a written explanation of any significant review action taken by the reviewing entity concerning an agency rulemaking activity. Requires that for each proposed and final rule, a rulemaking agency shall explain in its rulemaking notice any significant changes made to such rule as a consequence of regulatory review. Requires a rulemaking agency to place in the appropriate rulemaking record all of the documents received from a review entity as required above. Requires a review entity, within 60 days after the receipt of a rulemaking activity, to conclude its review of such activity. Provides that if the President reviews for resolution an issue arising out of a regulatory review, the review time limits may be extended, although any such issue shall be resolved as promptly as practicable, and such review shall be subject to the public disclosure and agency notice requirements of this Act. Requires a review entity to notify the rulemaking agency of an extension beyond 60 days and provide public notice. Requires the rulemaking agency to promptly publish a notice of any such extension in the Federal Register. Requires each rulemaking agency to publish in the Federal Register a list of all rulemaking activities undergoing regulatory review during the preceding month. Excludes from coverage under this Act oral communications with the President, Vice President, Administrator of the Environmental Protection Agency, Director of OMB, and executive department heads.

Bill· SS. 1933 (102nd)open

Health Professions Training and Nurse Education Improvement and Reauthorization Act of 1991

United States · United States Congress · 7 November 1991

Health Professions Training and Nurse Education Improvement and Reauthorization Act of 1991 - Title I: Provisions Relating to Title VII - Health Professions Training Improvement and Reauthorization Act of 1991 - Subtitle A: General Provisions - Amends title VII (Health Research and Teaching Facilities and Training of Professional Health Personnel) of the Public Health Service Act to change the composition of the National Advisory Council on Health Professions Education and establish the Subcommittee on Allied Health. Prohibits making a grant, loan guarantee, or interest subsidy payment to specified types of educational institutions and programs which discriminate on the basis of race, color, religion, gender, national origin, age, disability, marital status, or educational affiliation (currently, on the basis of sex). Adds graduate programs in clinical social work to the list of institutions and programs covered. Modifies requirements and authorizations concerning the collection and reporting of certain data about specified types of health professionals. Requires all grant or contract applicants under title VII to instruct all trainees regarding precautions to prevent transmission of bloodborne diseases. Sets forth priorities in the awarding of competitive grants under titles VII or title VIII (Nurse Education) of the Act. Subtitle B: Student Assistance - Sets forth limits on the total principal amount of new loans made and installments paid for specified fiscal years under the Federal program of insured loans to health professions graduate students. Extends the date after which insurance may not be granted for loans or installments. Sets forth additional circumstances under which principal repayment may be deferred. Modifies loan consolidation requirements, including removing provisions prohibiting, in certain circumstances, the inclusion of such an insured loan in a consolidated loan under the authority of the Student Loan Marketing Association. Prohibits interest on such loans from being compounded more frequently than annually (currently, semiannually). Sets a maximum rate of interest. Provides for a quarterly special allowance to eligible loan holders based on a percentage of the unpaid principal of all eligible loans held by that holder. Requires an increase in the allowance if not promptly paid. Allows the educational institution or program attended by the borrower to assist in the collection of a delinquent loan by providing information on the borrower to lenders and holders. Mandates performance standards and fees to be paid by lenders and holders for the servicing of loans and for the processing of loan default claims. Requires (currently, allows) reduction in Federal payments to borrowers who are practicing their professions and have defaulted on their loans. Modifies the circumstances under which a lender or holder is not required to prosecute an action for default. Requires assessment of a risk-based premium on an eligible borrower and, if required, an eligible institution that is based on the default rate of the eligible institution involved. Allows an institution to pay off the outstanding principal and interest owed by defaulters to reduce the risk category of the institution. Removes provisions regulating premiums for insurance on the loans. Bars Federal or State time limits on enforcement of repayment of the loans. Allows the student loan insurance fund to be used for making payments in connection with the administration as well as for the collection or default of insured loans. Authorizes the use of a specified amount for the Office for Health Education Assistance Loans. Requires that borrowers under the loan insurance program who enter and remain in specified primary care fields receive preference for participation in the National Health Service Corps Loan Repayment Program. Increases the maximum amount which may be repaid per year in return for the borrower serving in a health professional shortage area. Cancels the borrower's repayment obligation on death or total permanent disability (currently, on death). Limits discharge through bankruptcy. Mandates a report to specified congressional committees regarding the default rates for each institution, lender, and loan holder. Modifies the authority of the Secretary of Health and Human Services to issue regulations regarding specified aspects of the loan insurance program. Requires each participating institution to have an annual workshop on the requirements of the program and require all student borrowers to attend. Establishes, in the Bureau of Health Professions, the Office for Health Education Assistance Loans to achieve a reduction in the number and amounts of defaults on loans made or guaranteed under specified provisions. Authorizes appropriations for Federal capital contributions to student loan funds under specified provisions. Subtitle C: Direct Student Loan Health Demonstration Program - Establishes a direct student loan health demonstration program to make assistance available to certain institutions for those institutions to use to make direct loans to health professions students. Directs the Secretary to borrow up to a specified amount from the Secretary of the Treasury each year to provide the assistance to the institutions. Authorizes selection of up to 20 eligible institutions for the program. Sets forth institutional eligibility and other requirements. Makes student borrowers under this program ineligible for loans under other specified provisions. Requires certain collection efforts. Terminates the authority to make loans under these provisions five years after enactment. Modifies the loan repayment program for allied health personnel to allow repayment in exchange for service in a medically underserved or rural community that can demonstrate a shortage of allied health professionals in a recognized discipline. (Current law allows repayment in exchange for service in one of a list of types of facilities and agencies.) Authorizes appropriations for scholarships for students in specified health fields schools who are of exceptional financial need. Repeals provisions mandating grants for medical school scholarships for individuals agreeing to enter family practice (known as Lister Hill scholars). Authorizes appropriations for scholarships for individuals from disadvantaged backgrounds. Modifies eligibility requirements for individuals to participate in a loan repayment program regarding service on the faculties of certain health professions schools. Limits payments to 20 percent of the principal and interest due on a loan (currently, 50 percent) of the principal and interest due on a loan for a given repayment year). Authorizes appropriations. Subtitle D: Grants and Contracts for Programs and Projects - Modifies application requirements and priorities regarding grants to establish, maintain, or improve departments of family medicine. Authorizes appropriations. Requires that agreements for developing and operating area health education center programs remain in effect for six years. Sets forth priorities. Mandates contracts to health education and training centers to improve services along the U.S.-Mexico border and in other high-impact urban or rural areas (currently, along the U.S.-Mexico border). Sets forth priorities. Authorizes agreements with eligible schools of medicine and osteopathic medicine for the planning, development, and operation of State supported area health education center programs meeting specified requirements. Authorizes appropriations. Requires matching non-Federal contributions. Adds a school of osteopathic medicine, a school of public health, and a graduate program in clinical psychology to the definition of "health professions school" for provisions mandating grants or contracts (currently, mandating grants) for programs of excellence in health professions education for minority individuals. Authorizes appropriations for such grants. Allows grants and contracts under existing provisions to be used to: (1) plan, develop, and operate, or participate in (currently, to plan, develop, and operate) a professional training program, including a residency or internship program (currently a residency program) in internal medicine or pediatrics for allopathic and osteopathic students, interns, residents, or practicing physicians (currently, for residents); and (2) provide financial assistance to allopathic and osteopathic students, interns, residents, practicing physicians, or other medical personnel (currently, to residents) who plan to work in general internal medicine and general pediatrics. Authorizes appropriations. Modifies eligibility requirements. Allows grants and contracts for educational assistance to individuals from disadvantaged backgrounds to be used for graduate programs in clinical social work. Modifies preferences (currently, priorities) in making the grants and contracts. Authorizes appropriations. Removes provisions setting aside certain funds for specified purposes. Authorizes limited payment of stipends. Authorizes appropriations for grants for retention programs for health professions schools with individuals with disadvantaged backgrounds. Authorizes grants and contracts to increase the number of underrepresented minority faculty at certain types of health professions schools. Authorizes appropriations. Replaces provisions authorizing grants for two-year schools of medicine or osteopathy with provisions authorizing grants and contracts for studies and demonstration projects regarding health professions education, licensing, credentialing, continuing competency, and discipline. Replaces provisions authorizing grants and contracts for model projects on faculty and curriculum development and development of new clinical training sites with provisions authorizing grants and contracts regarding chiropractic health care. Repeals provisions authorizing grants and contracts for training in preventive medicine. Transfers and authorizes appropriations for remaining similar provisions. Authorizes appropriations for grants and contracts for training physician assistants. Authorizes appropriations for grants and contracts for: (1) studies and demonstration projects regarding health professions education, licensing, credentialing, continuing competency, and discipline; (2) chiropractic health care; and (3) certain projects with respect to hospitals and schools of podiatric medicine. Amends provisions relating to training with respect to acquired immune deficiency syndrome (AIDS) to modify eligibility for grants and contracts and allow such awards to be used with regard to: (1) faculty, students, and health professions practitioners (currently, faculty and students); (2) individuals infected with the human immunodeficiency virus (HIV) and individuals at high risk for such infection (currently, individuals with AIDS); and (3) developing curricula for care, treatment, and prevention (currently, care and treatment). Modifies preferences in making grants. Authorizes appropriations for: (1) the grants; and (2) grants to assist dental schools and certain programs with respect to oral health care to patients with AIDS. Modifies eligibility requirements regarding grants and contracts relating to geriatric education. Allows certain grants and contracts to be used to train physicians and dentists to teach geriatric medicine, geriatric psychiatry, or geriatric dentistry (currently, to teach geriatric medicine or geriatric dentistry). Modifies the associated training options. Authorizes appropriations. Subtitle E: Personnel in Public Health, Health Administration and Allied Health - Adds references to Healthy People 2000: National Health Promotion and Disease Prevention Objectives to provisions authorizing grants and contracts for certain special projects involving schools of public health. Sets forth purposes of such projects. Authorizes appropriations. Authorizes appropriations for grants for: (1) graduate programs in health administration; and (2) traineeships for students in other graduate programs. Requires that public health traineeships under existing provisions be used to increase the number of graduate students preparing to serve the Healthy People 2000 objectives. Sets forth priorities and preferences and modifies program requirements. Authorizes appropriations. Replaces provisions authorizing grants and contracts relating to the training of allied health professionals with provisions authorizing grants and contracts for: (1) increasing program enrollments or establishing programs to increase the number of individuals in allied health professions with demonstrated personnel shortages to provide individuals to serve in medically underserved or rural communities; (2) planning, developing, establishing, and operating certain allied health training programs; and (3) training centers for allied health professions for student traineeships. Authorizes appropriations. Allows grants and contracts for training of allied health professions to be used with regard to postbaccalaureate (currently, doctoral or postdoctoral) training. Sets forth preferences. Authorizes appropriations. Replaces provisions authorizing grants and contracts for educational assistance to disadvantaged individuals in allied health training with provisions establishing the Division of Allied Health in the Bureau of Health Professions. Subtitle F: Miscellaneous Programs - Modifies the functions and composition of and authorizes appropriations for the Council on Graduate Medical Education. Modifies the uses of grants and contracts under provisions relating to rural health training (currently, to health care for rural areas). Changes eligibility requirements. Removes provisions mandating a study of manpower training needs in rural areas. Authorizes appropriations. Establishes the Council on Medical Licensure to take specified actions, including giving advice regarding the establishment and operation of a system of verifying and maintaining information on the qualifications of individuals to practice medicine. Directs the Secretary of Health and Human Services to determine whether the system is operating efficiently and without discrimination on the basis of race, color, religion, gender, national origin, age, disability, marital status, or educational affiliation and, if the system fails either test, to make recommendations regarding establishment of an alternative system. Mandates an annual study of at least ten States regarding licensure of domestic and foreign medical graduates. Subtitle G: Repealers and Technical and Conforming Amendments - Repeals provisions relating to grants and loan guarantees and interest subsidies for construction of teaching facilities for medical, dental, and other health personnel. Modifies testing requirements for admission to the United States of aliens who are graduates of unaccredited medical schools. Title II: Provisions Relating to Title VIII - Nurse Education Improvement and Reauthorization Act of 1991 - Amends title VIII (Nurse Education) of the Public Health Service Act to authorize grants and contracts for special projects to: (1) provide education for nurses serving in medically underserved or rural communities (currently, provide continuing education for nurses); and (2) provide nursing education courses to rural areas (currently, to rural areas through telecommunications via satellite). Removes provisions authorizing grants and contracts for: (1) facilitating agreements between health facilities and nursing students regarding repayment of educational loans by the facilities in return for service by the students in the facilities; and (2) geriatrics health education centers. Allows grants for innovative hospital nursing practice models to also be used for models in primary care and long-term care settings. Authorizes appropriations. Authorizes appropriations for grants and contracts relating to advanced nurse education. Removes provisions requiring certain special considerations in making grants and contracts for the education of nurse practitioners and nurse midwives. Authorizes appropriations. Authorizes grants and contracts for support, including traineeships and fellowships, to develop resources or strengthen programs or faculty to address the National Health Objectives for the Year 2000. Authorizes appropriations. Authorizes appropriations for grants and contracts to increase nursing education opportunities for individuals from disadvantaged backgrounds. Makes non-nurses as well as nurses eligible for traineeships for masters and doctoral degree nursing programs, requiring non-nurses to first complete basic nursing preparation. Removes provisions authorizing grants for postbaccalaureate fellowships for faculty for certain studies. Authorizes appropriations for grants and contracts for advanced nurse education. Authorizes appropriations for grants for: (1) traineeships for licensed registered nurses to become nurse anesthetists and for developing and operating programs for the education of nurse anesthetists; and (2) improvement of existing programs for the education of nurse anesthetists. Authorizes appropriations for loan repayments, under existing provisions, in exchange for service in certain health facilities. Repeals provisions authorizing appropriations for allotments to schools of nursing for Federal capital contributions to their student loan funds. Amends remaining provisions relating to Federal capital contributions to allow allotted funds which have been returned to the Secretary of Health and Human Services to be available until expended (currently, to be available in the fiscal year of return and the subsequent fiscal year). Modifies requirements regarding the capital distribution of the balance of the loan fund. Requires certain scholarship recipients to serve as a nurse for a period equal to the number of years of the scholarship (currently, for a period of not less than two years). Authorizes appropriations. Repeals provisions authorizing loans to nursing students who enter into agreements with health facilities to engage in employment as nurses during a period of time not more than the period during which the students receive loan assistance. Prohibits making grants, loan guarantees, or interest subsidy payments under title VIII (Nurse Education) of the Public Health Service Act to any school of nursing which discriminates on the basis of race, color, religion, gender, national origin, age, disability, marital status, or educational affiliation (currently, on the basis of sex). Requires a report to specified congressional committees to be submitted every two years (currently, biannually). Authorizes grants for fellowships to licensed vocational or practical nurses, nursing assistants, and other paraprofessional nursing personnel to assist in obtaining professional nursing education to attain the level of registered nurse. Requires a fellowship recipient to contract with a long-term care facility certified under titles XVIII (Medicare) or XIX (Medicaid) of the Social Security Act to engage in full-time employment at the registered nurse level for a period not less than the period of assistance to the fellowship recipient. Authorizes appropriations. Authorizes grants to nursing schools for the establishment or expansion of clinical training sites or training affiliations to provide training and experience in primary care. Authorizes appropriations. Title III: Miscellaneous Provisions - Provides for the continuation of any grant or contract in effect on enactment of this Act for that grant or contract's full duration, notwithstanding termination by any provision of this Act.

Bill· SS. 1894 (102nd)referred

NAFTA Worker Adjustment Assistance Act

United States · United States Congress · 30 October 1991

NAFTA Worker Adjustment Assistance Act - Amends the Trade Act of 1974 to provide trade adjustment assistance to workers adversely affected by the North American Free Trade Agreement (NAFTA) between the United States and Mexico. Makes such workers eligible for assistance if the Secretary of Labor determines that the NAFTA contributed importantly to a shift in U.S. production in Mexico. Makes such assistance available during the phase-in period of the Agreement. Revises provisions under the trade adjustment assistance program concerning reemployment assistance to include labor market information, job development, and job search and placement services. Makes funds available to States to provide such services. Increases the funds available for training under such program. Requires the establishment of a standardized reporting system to determine the effectiveness of State-run programs. Directs the President to negotiate an agreement for the temporary imposition of a de minimis uniform fee on all articles imported into the United States from Mexico to fund trade adjustment assistance programs needed as a result of NAFTA. Requires, if the President is unable to negotiate such an agreement, that a certain portion of tariffs imposed on Mexican imports be used to fund such programs. Transfers any increase in duties to the Trade Adjustment Assistance Trust Fund. Authorizes appropriations to such Fund as necessary. Extends the trade adjustment assistance program until September 30, 1998 (currently, such program expires September 30, 1993). Extends authorized appropriations through such date.

Bill· SS. 1872 (102nd)reported

Better Access to Affordable Health Care Act of 1991

United States · United States Congress · 24 October 1991

Better Access to Affordable Health Care Act of 1991 - Title I: Improvements in Health Insurance Affordability for Small Employers - Amends the Internal Revenue code to raise from 25 to 100 percent the deduction for self-employed individuals for health insurance premiums and makes the deduction permanent. Directs the Secretary of Health and Human Services (the Secretary) to make grants to up to 15 States for the establishment and operation of small employer health insurance purchasing programs. Permits grant funds to be used to finance administrative costs associated with developing and operating a group purchasing program for small employers. Authorizes appropriations. Requires a report to the Congress from the Secretary concerning the feasibility of establishing a requirement that health insurers must make available plans providing that payments to providers be made using Medicare (title XVIII of the Social Security Act) payment rules. Title II: Improvements in Health Insurance for Small Employers - Amends the Social Security Act to add a new title, Title XXI: Standards for Small Employer Health Insurance and Certification of Managed Care Plans. Directs the Secretary to request the National Association of Insurance Commissioners to develop model standards and regulations concerning requirements for health insurance plans for small employers. Requires such plans to provide for: (1) guaranteed eligibility; (2) guaranteed availability; and (3) guaranteed renewability. Prohibits: (1) an insurer from refusing to renew or terminate a plan, except for nonpayment of premiums, fraud, or failure to maintain minimum participation rates; and (2) for certain services, discrimination based on health status. Sets limits controlling the variation of premium charges permitted among all small employers insured by an insurer. Requires the full disclosure of an insurer's rating practices. Requires a health insurance plan for small employers to offer: (1) both a standard and basic benefit package; and (2) a managed care option, if the insurer also offers such an option to other employers. Provides, under both the standard and basic package, for coverage of: (1) inpatient and outpatient hospital care; (2) inpatient and outpatient physician services; (3) diagnostic tests; and (4) preventive services. Provides, in addition, under the standard plan: (1) for the coverage of certain mental health care; (2) that, except as specified, there will be no limits on the amount, scope, or duration of benefits, and (3) for specified limits on deductibles, copayment, coinsurance, and out-of-pocket expenses. Provides under the basic plan that: (1) premiums, deductibles, copayments, or other cost-sharing may be imposed, but does not specify in what amounts; and (2) there shall be an out-of-pocket limit, but does not specify such limit. Amends the Internal Revenue Code to impose an excise tax of 25 percent of gross premiums on the issuer of any health insurance plan to a small employer, if the plan does not meet the requirements of title XXI. Sets forth study and reporting requirements. Title III: Improvements in Portability of Private Health Insurance - Imposes an excise tax of $100 per day, with respect to a covered individual, on a group health plan for its failure to provide coverage for a preexisting condition, subject to stated exceptions. Title IV: Health Care Cost Containment - Establishes a Health Care Cost Commission which shall report annually to the President and the Congress on national health care costs. Authorizes appropriations. Requires the Secretary of Health and Human Services, under title XXI of the Social Security Act, to establish a process for the certification of managed care plans and utilization review programs. Sets forth requirements for certification. Amends the Public Health Service Act to direct the Administrator of the Agency for Health Care Policy and Research to develop outcomes research and practice parameters for mental health services, including at least the diagnosis and treatment of childhood attention deficit syndrome disorders and manic depression. Amends Part A (General Provisions) of title XI of the Social Security Act to authorize appropriations for research outcomes of health care services and procedures. Title V: Medicare Prevention Benefits - Amends part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act to establish frequency and payment limits for screening for fecal-occult blood tests and screening flexible sigmoidoscopies. Amends Medicare part C (Miscellaneous Provisions) to provide coverage for tetanus-diphtheria boosters and their administration. Provides Medicare coverage for well-child services, which include routine office visits, immunizations, laboratory tests, and preventive dental care. Expands the coverage of a screening mammography to provide for one such screening annually for all covered women over age 49. Directs the Secretary to establish and provide for a series of ongoing demonstration projects which provide coverage for specified preventive services, including: (1) glaucoma screening; (2) cholesterol screening; (3) osteoporosis screening and treatment; (4) screening services for pregnant women; (5) assessments for individuals beginning at age 65 or 75; and (5) other appropriate services. Authorizes appropriations.

Bill· SS. 1845 (102nd)referred

Financial Aid for All Students Act of 1991

United States · United States Congress · 22 October 1991

Financial Aid for All Students Act of 1991 - Title I: Pell Grant Entitlement, Graduate Assistance, and Excellence Scholarships - Amends title IV (Student Assistance) of the Higher Education Act of 1965 (HEA) to revise provisions for Pell Grants. Increases the Pell Grant maximum by $600, after July 1, 1994, and makes the additional amount for which the student qualifies an entitlement. Authorizes a full entitlement under the Pell Grant program for all eligible students, if the Congress makes available for such purpose sufficient additional revenue or savings pursuant to the Budget Enforcement Act of 1990. Makes first-year graduate students eligible for Pell Grants if: (1) they would be eligible if they were undergraduates; and (2) there has been full funding of Pell Grants for undergraduate students in that fiscal year. Establishes an Excellence Scholarship Program for Pell Grant recipients who demonstrate high academic achievement. Grants eligible students a contractual right against the United States to receive such scholarships. Makes students eligible if they: (1) have received a Pell Grant for that academic year, are enrolled on at least a half-time basis in a program of study of at least two academic years in length that leads to a degree or certificate, and meet the following conditions for demonstrating academic excellence: (1) in the case of first year undergraduates, by taking specified college preparatory level coursework and by ranking in the top ten percent of their secondary school graduating class or achieving at least the minimum designated score on a nationally administered standardized test or participating for at least 36 months in an early intervention program, a special program for students from disadvantaged backgrounds, or similar program; (2) in the case of students who initially qualified for a first-year scholarship because they participated in such early intervention or special program, by participating in student support program services and continuing to make significant progress toward agreed-upon academic milestones; and (3) in the case of any other student, by ranking in the top ten percent of their last completed undergraduate class year or meeting another measure of academic achievement determined by the Secretary of Education (the Secretary). Sets such scholarship award at $1,000 for any academic year. Reduces such amount by the amount it exceeds the student's cost of attendance by itself or when combined with other Federal or non-Federal grant or scholarship assistance in the academic year. Provides for proportionate reductions in each award to adjust for insufficient appropriations. Allows eligible students to receive up to four scholarships, each for one academic year, for undergraduate study (or five scholarships for undergraduate study programs that require attendance for the full-time equivalent of five academic years). Provides that a student's eligibility for such a scholarship does not depend on receipt of scholarship or Pell Grant in the previous academic year. Title II: Income-Dependent Education Assistance Program - Establishes the Income-Dependent Education Assistance (IDEA) Credit program as part D of title IV of HEA. (Replaces the current part D, Income Contingent Direct Loan Demonstration Project.) Directs the Secretary to: (1) make IDEA loans to eligible students; and (2) enter into an agreement with the Secretary of the Treasury for the collection of repayments on such loans. Grants eligible students a contractual right against the United States to receive a loan under such IDEA program. Sets the following conditions for student eligibility for an IDEA loan: (1) eligibility for title IV assistance in accordance with specified provisions; (2) carrying at least one-half the normal full-time course work load; (3) applying for title IV need-based assistance,in the cases of independent students with adjusted gross incomes below specified levels and dependent students with family incomes below specified levels; (4) notification of the head of household of eligibility for a parent (PLUS) loan, in the case of dependent students with expected family contributions above specified levels; and (5) the borrower understanding and signing a statement that taking the IDEA loan will increase such individual's income taxes until the loan is paid in full with interest. Requires each eligible student to use the IDEA loan only to attend an eligible institution. Sets forth provisions for distribution of program funds to eligible institutions and students. Sets forth provisions for the amounts and terms of IDEA loans. Sets annual limits on the amounts of such loans to various categories of students. Sets a limitation on individual borrowing capacity, with adjustments for the borrower's age, exceptions for certain graduate students, and consideration of any outstanding student loan obligations. Limits the duration of individual eligibility for such loans. Sets forth requirements for: (1) agreements to the terms of such loans; and (2) applications. Sets forth provisions for interest charges on such loans. Requires such charges to be added to the recipient's obligation account at the end of each calendar year. Bases such charges on an interest rate equal to the lesser of: (1) ten percent; or (2) the sum of the average bond equivalent rates of 91-day Treasury bills auctioned for the previous year, plus two percentage points, rounded to the next higher one-eighth of one percent. Provides for conversion and consolidation of certain other types of student loans as IDEA loans. Authorizes the Secretary, upon request of borrowers who have received federally insured or guaranteed loans under title IV HEA (Stafford loans) or of the Public Health Service Act (PHSA) (HEAL loans), to make new IDEA loans to such borrowers which are equal to the sum of the unpaid principal of those other loans and which discharge the liability on those other loans. Provides for mandatory conversion of certain defaulted student loans to IDEA loans. Requires IDEA collection treatment of any loan made, insured, or guaranteed under specified provisions of HEA or PHSA after enactment of this Act which is assigned after default for collection by the Secretary of Education or the Secretary of Health and Human Services. Directs the Secretary of Education to study and report to the Congress on the effects of: (1) the IDEA program on participating institutions' tuition rates and accrediting and licensure standards; and (2) inflation on IDEA loan limits, on the progressivity factor in IDEA loan collection formulas, and on the cost of attendance at an eligible institution. Authorizes the Secretary, after consultation with the appropriate congressional committees, to make inflation adjustments to increase: (1) IDEA loan limits; (2) adjusted gross income levels used to determine the progressivity factor in IDEA loan collection formulas; and (3) the cost of attendance determination for purposes of IDEA loan amounts. Directs the Secretary to notify each IDEA loan borrower of his or her yearly repayment obligation. Sets forth formulas for computation of the annual IDEA loan repayment amount. Makes such amount equal to the lesser of: (1) 20 percent of the excess of the modified adjusted income of the taxpayer for such taxable year over the sum of the standard deduction and any applicable exemption; or (2) the product of a base amortization amount and a progressivity factor based on the taxpayer's modified adjusted gross income. Defines "base amortization amount" as the amount which, if paid at the close of each year for 12 consecutive years, would fully repay (with an eight-percent annual interest rate) the maximum account balance of the borrower. Sets forth progressivity factor tables for various types of taxpayers. Provides that, in general, the repayment obligation of an IDEA loan borrower shall terminate only if there is repaid the principal plus interest at applicable rates. Requires no repayment after 25 years in repayment status. Sets forth provisions for the determination of years in repayment status. Provides for discharge, by the Secretary, of the IDEA loan liability of any borrower who dies or becomes permanently and totally disabled. Provides for crediting of amounts paid on a joint return. Sets forth formulas for computation of an alternative annual payment for individuals who have attained age 55. Provides that, in general, an IDEA loan shall not be dischargeable in a case of bankruptcy, but authorizes the Secretary to postpone certain portions of the loan liability in such cases. Makes specified provisions relating to finality of assessment and collection applicable to such loans. Amends the Internal Revenue Code (IRC) to include the amount required to be repaid for IDEA loans under amounts listed under requirements relating to failure by an individual to pay estimated income tax. Requires individuals who are obligated to make IDEA loan repayments to file income tax returns for the applicable years. Adds provisions for the collection of IDEA loans under IRC. Directs the Secretary of the Treasury to enter into an agreement with the Secretary of Education to provide for collection of IDEA loan repayments due by using the income tax collection system. Title III: Early Intervention Program - Amends HEA to establish an Early Intervention Program (under provisions for grants to States for student incentives). Directs the Secretary to make incentive grants to States for early intervention programs that: (1) raise the awareness of eligible students about the advantages of obtaining a postsecondary education; (2) prepare students for postsecondary education; and (3) qualify students for Excellence Scholarships for Pell Grant recipients demonstrating academic achievement. Directs the Secretary to allocate such payments to States, on the basis of the number of eligible students, from a specified total amount. Entitles and grants a contractual right to each State to receive such payment, subject to continuing compliance with program requirements. Bases student eligibility for the early intervention program on their eligibility: (1) to be counted under the chapter 1 program for educationally disadvantaged students under title I of the Elementary and Secondary Education Act of 1965; (2) for assistance under the National School Lunch Act; or (3) for assistance under the Aid to Families with Dependent Children program under part A of title IV of the Social Security Act. Requires a State to use its allotment to conduct an early intervention program that: (1) provides eligible students in any of the grades pre-school through 12 with continuing systems of mentoring and advising that is coordinated with Federal and State community service initiatives, that may include specified support services, and that may be provided by specified types of service providers; (2) requires each student to agree to achieve certain academic milestones in exchange for an Excellence Scholarship; (3) creates new linkage structures and programs to encourage greater collaboration between elementary and secondary schools and institutions of higher education; and (4) provides for evaluation to allow service providers to track eligible student progress during program participation. Directs the Secretary to prescribe standards for the evaluation of the State programs. Requires submission of State plans. Requires annual State evaluations of such programs. Requires the Secretary to report annually to the Congress on assisted activities and program evaluations. Title IV: Guaranteed Student Loan Programs - Terminates all student loan programs under part B (Robert T. Stafford Student Loan Program) of title IV of HEA, except the parent loan (PLUS) program. Prohibits any new loan from being made, insured, or guaranteed under part B after June 30, 1994 (including Stafford loans and supplemental loans for students, but not parent PLUS loans). Provides that such prohibition shall not affect the administration of such loans made on or before June 30, 1994.

Bill· SS. 1850 (102nd)referred

A bill to extend the period during which the United States Trade Representative is required to identify trade liberalization priorities, and for other purposes.

United States · United States Congress · 22 October 1991

Amends the Trade Act of 1974 to change the period for the U.S. Trade Representative to identify trade liberalization priorities to no later than September 30 of each of the calendar years 1992 through 1997. Sets forth the procedure for a congressional committee to file a petition with the Trade Representative to investigate barriers and market distorting practices of a foreign country.

Bill· SS. 1842 (102nd)referred

A bill to amend title XIX of the Social Security Act to provide for medicaid coverage of all certified nurse practitioners and clinical nurse specialists services.

United States · United States Congress · 22 October 1991

Amends title XIX (Medicaid) of the Social Security Act to provide for Medicaid coverage of services furnished by all certified nurse practitioners or clinical nurse specialists which are authorized under State law to be performed by such a nurse, regardless of whether or not such services are performed under the supervision of a physician or other health care provider. Defines "clinical nurse specialist" as an individual who: (1) is a registered nurse and is licensed to practice nursing in the State in which the clinical nurse specialist services are performed; and (2) holds a master's degree in a defined clinical area of nursing from an accredited institution.

Resolution· SRESS.Res. 201 (102nd)passed

A resolution to express the sense of the Senate regarding enforcement of the oilseeds GATT panel ruling against the European Community.

United States · United States Congress · 22 October 1991

Expresses the sense of the House of Representatives that: (1) the United States Trade Representative should take action under the Trade Act of 1974 to compensate for any trade losses caused by the European Community's (EC) failure to adopt by October 31, 1991, a new oilseeds regime that conforms with the General Agreement on Tariffs and Trade (GATT) panel oilseed ruling; and (2) such actions should remain in effect until the EC's oilseed regime conforms with its GATT obligations.

Bill· SS. 1836 (102nd)referred

American Health Quality Act

United States · United States Congress · 17 October 1991

American Health Quality Act - Declares that the Congress finds that health care liability systems impact on interstate commerce by contributing to the high cost of health care and premiums for malpractice and products liability insurance purchased by health care providers and producers. Title I: Alternative Dispute Resolution Systems - Directs the Secretary of Health and Human Services to establish a program to make enhanced Medicaid (title XIX of the Social Security Act) bonus payments for a two-year period to eligible States that submit a plan for the development or implementation of alternative dispute resolution systems (ADRS) to resolve health care liability claims as an alternative to a judicial proceeding in a Federal or State court. Sets forth eligibility, approval, and review requirements for such program. Directs the Agency for Health Care Policy and Research to make recommendations to the Secretary concerning such requirements. Requires the Agency to appoint a panel of advisers to: (1) assist in developing criteria for an ADRS that States must meet to be eligible to receive enhanced payments and assist States in preparing applications; (2) as part of such criteria, assist States receiving enhanced payments in complying with data gathering and evaluation guidelines; (3) provide advice and assistance to representatives from State governments concerning the establishment of an ADRS; (4) develop qualification standards and assist States applying to be quality improvement States; (5) report, not later than four years after the approval of an application, to the Secretary and the appropriate congressional committees on States receiving enhanced payments; (6) recommend to such entities, not later than four years after enactment of this Act, on the feasibility of a mandated ADRS; and (7) report to such entities, not later than four years after approval of the first quality improvement State plan, concerning the reform of State health profession disciplinary boards or alternative quality assurance plans. Directs the Secretary to establish a program to award grants to private entities for the establishment of demonstration alternative dispute resolution programs in the private sector. Sets forth application requirements for such program. Requires the panel: (1) to provide assistance to such entities in designing and implementing an ADRS; and (2) report to the Agency, the Secretary, and the appropriate congressional committees with data collected on such systems, together with recommendations for improvements. Authorizes appropriations for the demonstration programs for FY 1992 through 1996. Amends the Social Security Act to revise certain Medicaid payment provisions to conform with enhanced payments made under this title. Title II: Uniform Standards for Health Care Liability Claims - Establishes uniform rules for health care liability actions brought in any Federal or State court and any health care action resolved through an ADRS. Establishes procedures for settlement offers, including the calculation of attorney fees. Requires mandatory periodic payments of awards exceeding $100,000. Limits non-economic damages to $250,000. Mandates reductions in damages received by an individual, where other payments will be or have been made to compensate such individual. Limits attorney fees to 25 percent of the first $150,000 of any award or settlement and 15 percent of any additional amount in excess of $150,000. Prohibits punitive damages from exceeding twice the award of compensatory damages. Allows a separate proceeding to decide if punitive damages are to be awarded or to decide the amount of such award. Requires that 50 percent of all awards of punitive damages resulting from health care liability actions be transferred to a State health care disciplinary trust fund to assist the State in the improvement of health care quality programs. Permits claimants pursuing punitive damages to collect reasonable attorney fees. Declares that the liability of each defendant for non-economic damages shall be several only and shall not be joint. Prohibits health care liability actions from being initiated after the expiration of the two-year period that begins on the date on which the alleged injury should reasonably have been discovered, but in no event later than four years after the date of the alleged occurrence of the injury. Provides an exception for minors. Requires a higher standard of proof in obstetric cases where the physician delivering the baby has not provided prenatal services prior to delivery. Prohibits punitive damages from being awarded against a manufacturer or product seller of a drug or device that caused a complaint, if the drug or device is in compliance with Food and Drug Administration approval processes. Declares that this title supersedes any State law only to the extent that such law establishes higher payment limits, applies joint and several liability to all damages, permits the recovery of a greater amount of damages or the awarding of a greater amount of attorney fees, or establishes a longer period during which a health care liability claim may be initiated. Title III: Health Care Injury Prevention - Directs the Secretary to establish a program to make enhanced Medicaid bonus payments for a two-year period to eligible States that submit a State plan for the development or implementation of a health care injury prevention program or an approved alternative. Sets forth eligibility and application requirements for States. Designates a State that receives enhanced payments as a quality improvement State. Requires a quality improvement State to: (1) establish a Statewide health care injury prevention program; and (2) cooperate with Federal research efforts with respect to patient outcomes, clinical effectiveness and clinical practice guidelines. Directs the Secretary to promulgate regulations that establish performance criteria for the health care practitioner disciplinary board of such State in performing its oversight functions concerning health care professionals. Requires the State to: (1) allocate certain fees for the conduct of disciplinary actions with respect to health care professionals; (2) ensure that the general public is represented on such board; (3) grant immunity to such board from liability; (4) include a continuing education requirement in performance criteria for physicians who have been disciplined by such board. Title IV: Community Health Centers - Amends the Public Health Service Act to direct the Secretary to make a grant to an entity that represents recipients of assistance under provisions relating to migrant and community health centers to enable the entity to develop a business plan for, and to establish, a nationwide risk retention group as provided for in the Liability Risk Retention Act of 1986, and that meets other requirements. Allows the group to negotiate with other entities for the purpose of managing and administering the group, and for obtaining reinsurance. Requires the group to provide professional liability insurance, and other types of profitable insurance approved for issuance by the Secretary, to migrant and community health centers. Requires the centers, subject to exception, to become members of the group and purchase the group's insurance. Makes all professional staff members of the centers eligible to obtain the group's insurance. Requires the group to engage outside experts in insurance, financing, and business to analyze and audit the group. Requires the experts to provide the group with an evaluation of the plan and group. Requires the group to submit the plan and the evaluation to the Secretary. Directs the Secretary to permit implementation of the plan and operation of the group if it will result in an increase in the amount of funds available for use by community and migrant health centers and other entities receiving assistance under the specified provisions. Authorizes appropriations for preparation of the plan, establishment of the group, and capitalization of the group. Requires assets remaining after dissolution of the group to be used by the Secretary to pay the remaining expenses of the group. Authorizes appropriations to carry out specified provisions relating to migrant and community health centers.

Bill· SS. 1810 (102nd)referred

Medicare Physician Payment Reform Implementation Act of 1991

United States · United States Congress · 4 October 1991

Medicare Physician Payment Reform Implementation Act of 1991 - Amends title XVIII (Medicare) of the Social Security Act to: (1) direct the Secretary of Health and Human Services to increase the conversion factor for physicians' services for each of the years after 1993 through 1996 by one-fourth of the percentage by which the conversion factor may have been decreased due to an adjustment for asymmetry in 1992; (2) prohibit the Secretary, in determining the conversion factor for 1992, from assuming that changes in the volume and intensity of physician services in response to the implementation of the new payment system for such services would increase the estimated aggregate physician expenditures by more than one percent; (3) make any reduction to the conversion factor due to assumed volume and intensity changes equally applicable to the adjusted historical payment base; (4) permit separate payment to physicians for interpretation of electrocardiograms (EKGs) provided during office vists; (5) direct the Secretary to: (a) establish separate fee schedule amounts for the interpretation of EKGs; (b) adjust the relative values in the fee schedule for physician visits to reflect separate payments for EKG interpretation; (c) establish EKG practice guidelines for dissemination to physicians along with other educational information relating to EKG use; (d) develop a profile for EKG use by physicians; and (e) study EKG utilization and costs for a report to the Congress; and (6) make the new payment system for physicians nonapplicable to services furnished on or after January 1, 1992, by a physician who was in his or her first, second, or third year of practice in 1991 and to whom the payment rules under the new system did not apply in that year. Prohibits the Secretary from issuing final regulations before July 1, 1993, which change the methodology for determining: (1) the amount of time that may be billed for anesthesia services; and (2) the amount paid for drugs and biologicals furnished incident to physicians' services. Requires the Director of the Office of Technology Assessment to conduct a study and report to the Congress on whether payments for anesthesia services should be based on a particular unit of time according to the medical procedure with respect to which the service is furnished. Requires the Secretary to: (1) conduct a study and report to the Congress with respect to payment for drugs and biologicals furnished incident to physicians' services and payment for multiple surgical procedures; and (2) provide for pilot projects for developing Medicare volume performance standards other than at the national level. Authorizes appropriations to carry out the pilot projects.

Bill· SS. 1777 (102nd)open

Mammography Quality Standards Act of 1992

United States · United States Congress · 1 October 1991

Breast Cancer Screening Safety Act of 1991 - Amends the Public Health Service Act to require certification in order for a facility to perform or interpret mammograms, inspect equipment, perform needle localizations or other procedures using mammography equipment, or conduct quality assurance oversight related to mammography. Authorizes the Secretary of Health and Human Services to issue and renew certificates for up to two years. Allows the Secretary to approve a private nonprofit organization to be an accreditation body which meets certain requirements, including inspecting facilities. Directs the Secretary to: (1) establish standards for facilities to assure the safety and accuracy of mammography; (2) specify organizations eligible to certify individuals to perform radiological procedures; (3) specify boards eligible to certify individuals to interpret screening mammograms; (4) establish standards regarding the qualifications for individuals to interpret screening mammograms; and (5) specify boards eligible to certify individuals to inspect screening mammography equipment and oversee quality assurance practices. Directs the Secretary to conduct annual announced and unannounced inspections of certified facilities. Provides for: (1) intermediate sanctions for certain violations; (2) suspension, revocation, and limitation of certificates; and (3) injunctions. Requires fees for certificate issuance and renewal, and for inspections, sufficient to cover costs. Requires annual publication of a list of facilities convicted of fraud and abuse, false billings, or kickbacks, facilities that have had certificates revoked, suspended, or limited, and facilities that have been the subject of a sanction or other similar matters. Allows the Secretary to exempt facilities in a State or locality with more stringent requirements from compliance with this Act. Directs the Secretary to: (1) make grants for research on new methods of establishing a Mammography Registry; and (2) based on the research, establish the Registry. Authorizes grants to enhance the capacity of health personnel in the area of breast cancer mortality prevention. Allows grant funds to be used to establish a breast cancer mortality prevention regional training center and develop a training curriculum. Authorizes appropriations. Amends title XVIII (Medicare) of the Social Security Act to require that screening mammographies paid for under Medicare be performed by a facility: (1) certified under this Act; and (2) in compliance with specified provisions of this Act.

Bill· SS. 1789 (102nd)referred

Deficit-Neutral Unemployment Compensation Act of 1991

United States · United States Congress · 1 October 1991

Deficit-Neutral Unemployment Compensation Act of 1991 - Title I: Emergency Unemployment Compensation Program - Establishes an emergency unemployment compensation program. Allows any State to enter into and participate in an agreement with the Secretary of Labor (the Secretary) under which the State agency which administers the State unemployment compensation law will make payments of emergency unemployment compensation: (1) to individuals who have exhausted all rights to regular compensation under State law, have no rights to such regular compensation or any additional State or Federal compensation, and are not receiving Canadian compensation; and (2) for any week of unemployment beginning in the individual's eligibility period. Sets forth provisions relating to exhaustion of regular benefits and weekly amount of emergency benefits equal to regular benefits. Requires a State, under such an agreement, to establish an emergency unemployment compensation account with respect to the benefit year of each eligible individual who files an application. Limits benefit payments to not more than the amount in the individual's account. Sets forth formulas for determining the amount in such account. Provides that the applicable limit in such account shall be equal to: (1) ten weeks during a five-percent period (triggered if the adjusted rate of insured unemployment for such week and the immediately preceding 12 weeks is at least five percent); and (2) six weeks for any other period. Sets forth special rules relating to such applicable limits. Requires reduction in such account by the amount of extended benefits received by the individual relating to the same benefit year under the Federal-State Extended Unemployment Compensation Act of 1970. Sets the weekly benefit amount at the amount of regular compensation (including dependents' allowances) payable under the State law to the individual for such week for total unemployment. Provides for determination of periods and applicable triggers. Provides for a minimum period. Provides, in general, that no emergency unemployment compensation shall be payable to any individual under this Act for any week beginning: (1) before the later of October 1, 1991, or the first week following the week in which an agreement under this Act is entered into; or (2) after June 30, 1992. Sets forth transition and reachback provisions for the eligibility of certain individuals for such benefits, as exceptions to such general rule. Provides for payments to States having such agreements for emergency unemployment compensation. Sets forth financing provisions. Requires that funds in the extended unemployment compensation account of the Unemployment Trust Fund be used to make payments to States having agreements under this Act. Authorizes appropriations to the extended unemployment compensation account of sums necessary to pay emergency unemployment compensation payable: (1) under specified provisions for former members of the armed forces; and (2) on the basis of certain services performed for nonprofit organizations or governmental entities, to which certain Internal Revenue Code provisions relating to State unemployment compensation law apply. Sets forth provisions relating to fraud and overpayments. Defines the individual eligibility period under this Act. Amends specified Federal law to repeal certain limitations on payment of unemployment compensation to former members of the armed forces. Reduces the length of required active duty by reserves for purposes for such payment, if the reservist served on active duty in the Persian Gulf area of operations in connection with Operation Desert Storm. Title II: Collection of Nontax Debts - Amends the Deficit Reduction Act of 1984 to provide for permanent extension of provisions relating to collection of nontax debts owed to Federal agencies. Title III: Guaranteed Student Loans - Amends title IV (Student Assistance) of the Higher Education Act of 1965 (HEA) to revise provisions relating to the Stafford student loan program (including guaranteed student loans and federally-insured student loans). Requires, in the case of such student loan applicants over age 21, that the lender: (1) obtain a credit report; and (2) require a cosigner for such applicants who have adverse credit histories. Allows the lender to charge such applicants for the actual cost of such credit reports, up to $25. Requires the lender to obtain the borrower's driver's license number, if any, at the time of application for such a student loan. Directs eligible institutions to require borrowers of any student loan under HEA to supply the following exit interview information: (1) their expected permanent address after leaving the institution; (2) the name and address of their expected employer; and (3) the name and address of their next of kin. Requires student loan interest-subsidy insurance program agreements to require the lender to obtain the borrower's authorization for entry of judgment against the borrower in the event of default. Provides for wage garnishment for student loan collection. Authorizes a guaranty agency, or the Secretary where appropriate, to garnish the disposable pay of an individual to collect the amount owed or the required repayment, subject to certain conditions. Provides for data matching. Authorizes the Secretary of Education to obtain from Federal agencies specified information relating to an individual for student loan collection purposes. Title IV: Electromagnetic Spectrum Function - Emerging Telecommunications Technologies Act of 1991 - Requires the Secretary of Commerce and the Chairman of the Federal Communications Commission (FCC) to conduct biannual joint electromagnetic spectrum planning meetings with respect to: (1) future spectrum needs and the allocation actions to accommodate those needs; and (2) actions to promote the efficient use of the spectrum. Requires an open process and joint annual reports to the President. Directs the Secretary to submit reports to the President that identify frequency bands that: (1) are allocated on a primary basis for Government use and eligible for licensing pursuant to the Communications Act of 1934 (the Act); (2) are not required for the present or identifiable future Government needs; (3) can be made available for use under the Act for non-Government users; (4) are likely to have significant value for such users; and (5) will not result in excessive costs to the Government. Sets forth criteria for identifying, and recommending for reassignment or sharing, such frequency bands. Requires such reports to make an initial identification of 50MHz of spectrum for immediate reallocation and distribution by the FCC pursuant to competitive bidding procedures, and preliminary and final identifications of additional reallocable frequency bands. Directs the Secretary to convene a private sector advisory committee to: (1) review frequency bands identified in the preliminary report; (2) advise the Secretary with respect to those bands which should be included in the final report; (3) receive public comment on the reports; and (4) prepare and submit to the Secretary and specified congressional committees a report on recommendations for the reform of allocating the spectrum between Government and non-Government users. Directs the President to: (1) withdraw or limit the assignment to a Government station of any frequency recommended in the initial identification report for reallocation; (2) withdraw or limit the assignment to a Government station of any frequency recommended in the final report for reallocation or mixed use; (3) assign or reassign other frequencies to Government stations as necessary to adjust to such withdrawal or limitation of assignments; and (4) publish in the Federal Register a notice and description of such actions taken. Authorizes the President to substitute alternative frequencies in the interests of national security, important Government needs, public health or safety, or Federal financial considerations. Provides that any Government licensee, or non-Government entity operating on behalf of a Government licensee, that is displaced from a frequency pursuant to this Act may be reimbursed not more than the incremental costs it incurs, in such amounts as provided in advance in appropriation Acts, that are directly attributable to the loss of the use of the frequency pursuant to this Act. Authorizes appropriations to affected licensee agencies to cover such costs. Directs the FCC to form a plan to assign the spectrum identified in the initial report pursuant to competitive bidding procedures during FY 1994 through 1996. Directs the FCC to submit to the President a plan for the distribution of the remaining reallocated frequency bands. Authorizes the President to reclaim reallocated frequencies for reassignment to Government stations. Sets forth procedures for reclaiming frequencies. Amends the Act to require the FCC to use competitive bidding for awarding all initial licenses and new construction permits, subject to specified exclusions. Outlines criteria for awarding licenses and permits under competitive bidding procedures. Prohibits licensing by lottery when competitive bidding is required. Title V: Dislocated Workers - Directs the Secretary of Labor to establish for eligible dislocated workers: (1) a program of readjustment allowances; (2) a program for job training and related services substantially similar to the program under specified provisions of the Job Training Partnership Act (JTPA); and (3) a program for job search and relocation allowances substantially similar to the program under specified JTPA provisions. Authorizes appropriations to the Department of Labor to carry out such programs, for each of FY 1993 through 1995, in an amount equal to the revenues raised in such fiscal year by the provisions of and amendments made by titles II, III, and IV of this Act which are in excess of the expenditures made in such fiscal year under title I of this Act. Directs the Secretary of Labor to give special consideration to providing services to dislocated workers in the timber industry in the State of Washington, in determining specified programs and activities to be funded under JTPA in FY 1991 and 1992. Directs the Secretary of Labor to submit a comprehensive report to the Congress on the feasibility and utility of using a total unemployment rate versus an insured unemployment rate, adjusted to include those claimants who have exhausted their benefits, for purposes of triggering extended benefits and, if appropriate, revising the foregoing measures of unemployment to include seasonal adjustments. Title VI: Deficit Reduction Requirement - Sets forth the congressional funding that provisions contained in titles I through V of this Act would lead to a reduction in the deficit. Declares that the Congress designates all direct spending amounts (both increases and decreases) provided by such titles (for all fiscal years) as emergency requirements under specified provisions of the Balance Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Requires, as a condition for any provisions of this Act to take effect, that the President: (1) make a determination and notify the Congress that this Act would reduce the deficit cumulatively for FY 1991 through 1996; and (2) submits a written designation of all direct spending amounts (both increases and decreases provided by titles I through V of this Act (for all fiscal years)) as emergency requirements under such specified provisions of the Balanced Budget and Emergency Deficit Control Act of 1985.

Bill· SS. 1786 (102nd)referred

Semiconductor Investment Act of 1991

United States · United States Congress · 1 October 1991

Semiconductor Investment Act of 1991 - Amends the Internal Revenue Code to classify the depreciable life for semiconductor manufacturing equipment as three-year property.

Bill· SS. 1791 (102nd)referred

Deficit-Neutral Unemployment Compensation Act of 1991

United States · United States Congress · 1 October 1991

Deficit-Neutral Unemployment Compensation Act of 1991 - Title I: Emergency Unemployment Compensation Program - Establishes an emergency unemployment compensation program. Allows any State to enter into and participate in an agreement with the Secretary of Labor (the Secretary) under which the State agency which administers the State unemployment compensation law will make payments of emergency unemployment compensation: (1) to individuals who have exhausted all rights to regular compensation under State law, have no rights to such regular compensation or any additional State or Federal compensation, and are not receiving Canadian compensation; and (2) for any week of unemployment beginning in the individual's eligibility period. Sets forth provisions relating to exhaustion of regular benefits and weekly amount of emergency benefits equal to regular benefits. Requires a State, under such an agreement, to establish an emergency unemployment compensation account with respect to the benefit year of each eligible individual who files an application. Limits benefit payments to not more than the amount in the individual's account. Sets forth formulas for determining the amount in such account. Provides that the applicable limit in such account shall be equal to: (1) ten weeks during a five-percent period (triggered if the adjusted rate of insured unemployment for such week and the immediately preceding 12 weeks is at least five percent); and (2) six weeks for any other period. Sets forth special rules relating to such applicable limits. Requires reduction in such account by the amount of extended benefits received by the individual relating to the same benefit year under the Federal-State Extended Unemployment Compensation Act of 1970. Sets the weekly benefit amount at the amount of regular compensation (including dependents' allowances) payable under the State law to the individual for such week for total unemployment. Provides for determination of periods and applicable triggers. Provides for a minimum period. Provides, in general, that no emergency unemployment compensation shall be payable to any individual under this Act for any week beginning: (1) before the later of October 1, 1991, or the first week following the week in which an agreement under this Act is entered into; or (2) after June 30, 1992. Sets forth transition and reachback provisions for the eligibility of certain individuals for such benefits, as exceptions to such general rule. Provides for payments to States having such agreements for emergency unemployment compensation. Sets forth financing provisions. Requires that funds in the extended unemployment compensation account of the Unemployment Trust Fund be used to make payments to States having agreements under this Act. Authorizes appropriations to the extended unemployment compensation account of sums necessary to pay emergency unemployment compensation payable: (1) under specified provisions for former members of the armed forces; and (2) on the basis of certain services performed for nonprofit organizations or governmental entities, to which certain Internal Revenue Code provisions relating to State unemployment compensation law apply. Sets forth provisions relating to fraud and overpayments. Defines the individual eligibility period under this Act. Amends specified Federal law to repeal certain limitations on payment of unemployment compensation to former members of the armed forces. Reduces the length of required active duty by reserves for purposes for such payment, if the reservist served on active duty in the Persian Gulf area of operations in connection with Operation Desert Storm. Title II: Collection of Nontax Debts - Amends the Deficit Reduction Act of 1984 to provide for permanent extension of provisions relating to collection of nontax debts owed to Federal agencies. Title III: Guaranteed Student Loans - Amends title IV (Student Assistance) of the Higher Education Act of 1965 (HEA) to revise provisions relating to the Stafford student loan program (including guaranteed student loans and federally-insured student loans). Requires, in the case of such student loan applicants over age 21, that the lender: (1) obtain a credit report; and (2) require a cosigner for such applicants who have adverse credit histories. Allows the lender to charge such applicants for the actual cost of such credit reports, up to $25. Requires the lender to obtain the borrower's driver's license number, if any, at the time of application for such a student loan. Directs eligible institutions to require borrowers of any student loan under HEA to supply the following exit interview information: (1) their expected permanent address after leaving the institution; (2) the name and address of their expected employer; and (3) the name and address of their next of kin. Requires student loan interest-subsidy insurance program agreements to require the lender to obtain the borrower's authorization for entry of judgment against the borrower in the event of default. Provides for wage garnishment for student loan collection. Authorizes a guaranty agency, or the Secretary where appropriate, to garnish the disposable pay of an individual to collect the amount owed or the required repayment, subject to certain conditions. Provides for data matching. Authorizes the Secretary of Education to obtain from Federal agencies specified information relating to an individual for student loan collection purposes. Title IV: Electromagnetic Spectrum Function - Emerging Telecommunications Technologies Act of 1991 - Requires the Secretary of Commerce and the Chairman of the Federal Communications Commission (FCC) to conduct biannual joint electromagnetic spectrum planning meetings with respect to: (1) future spectrum needs and the allocation actions to accommodate those needs; and (2) actions to promote the efficient use of the spectrum. Requires an open process and joint annual reports to the President. Directs the Secretary to submit reports to the President that identify frequency bands that: (1) are allocated on a primary basis for Government use and eligible for licensing pursuant to the Communications Act of 1934 (the Act); (2) are not required for the present or identifiable future Government needs; (3) can be made available for use under the Act for non-Government users; (4) are likely to have significant value for such users; and (5) will not result in excessive costs to the Government. Sets forth criteria for identifying, and recommending for reassignment or sharing, such frequency bands. Requires such reports to make an initial identification of 50MHz of spectrum for immediate reallocation and distribution by the FCC pursuant to competitive bidding procedures, and preliminary and final identifications of additional reallocable frequency bands. Directs the Secretary to convene a private sector advisory committee to: (1) review frequency bands identified in the preliminary report; (2) advise the Secretary with respect to those bands which should be included in the final report; (3) receive public comment on the reports; and (4) prepare and submit to the Secretary and specified congressional committees a report on recommendations for the reform of allocating the spectrum between Government and non-Government users. Directs the President to: (1) withdraw or limit the assignment to a Government station of any frequency recommended in the initial identification report for reallocation; (2) withdraw or limit the assignment to a Government station of any frequency recommended in the final report for reallocation or mixed use; (3) assign or reassign other frequencies to Government stations as necessary to adjust to such withdrawal or limitation of assignments; and (4) publish in the Federal Register a notice and description of such actions taken. Authorizes the President to substitute alternative frequencies in the interests of national security, important Government needs, public health or safety, or Federal financial considerations. Provides that any Government licensee, or non-Government entity operating on behalf of a Government licensee, that is displaced from a frequency pursuant to this Act may be reimbursed not more than the incremental costs it incurs, in such amounts as provided in advance in appropriation Acts, that are directly attributable to the loss of the use of the frequency pursuant to this Act. Authorizes appropriations to affected licensee agencies to cover such costs. Directs the FCC to form a plan to assign the spectrum identified in the initial report pursuant to competitive bidding procedures during FY 1994 through 1996. Directs the FCC to submit to the President a plan for the distribution of the remaining reallocated frequency bands. Authorizes the President to reclaim reallocated frequencies for reassignment to Government stations. Sets forth procedures for reclaiming frequencies. Amends the Act to require the FCC to use competitive bidding for awarding all initial licenses and new construction permits, subject to specified exclusions. Outlines criteria for awarding licenses and permits under competitive bidding procedures. Prohibits licensing by lottery when competitive bidding is required. Title V: Dislocated Workers - Directs the Secretary of Labor to establish for eligible dislocated workers: (1) a program of readjustment allowances; (2) a program for job training and related services substantially similar to the program under specified provisions of the Job Training Partnership Act (JTPA); and (3) a program for job search and relocation allowances substantially similar to the program under specified JTPA provisions. Authorizes appropriations to the Department of Labor to carry out such programs, for each of FY 1993 through 1995, in an amount equal to the revenues raised in such fiscal year by the provisions of and amendments made by titles II, III, and IV of this Act which are in excess of the expenditures made in such fiscal year under title I of this Act. Directs the Secretary of Labor to give special consideration to providing services to dislocated workers in the timber industry in the State of Washington, in determining specified programs and activities to be funded under JTPA in FY 1991 and 1992. Directs the Secretary of Labor to submit a comprehensive report to the Congress on the feasibility and utility of using a total unemployment rate versus an insured unemployment rate, adjusted to include those claimants who have exhausted their benefits, for purposes of triggering extended benefits and, if appropriate, revising the foregoing measures of unemployment to include seasonal adjustments.

Law· SS. 1745 (102nd)enacted

Civil Rights Act of 1991

United States · United States Congress · 24 September 1991

Civil Rights Act of 1991 - Amends Federal law to declare that: (1) for purposes of provisions relating to equal rights under the law, the right to make and enforce contracts includes the making, performance, modification, and termination of contracts, and the enjoyment of all benefits, privileges, terms, and conditions of the contractual relationship; and (2) the rights protected by the amended provisions are protected against impairment by nongovernmental discrimination and impairment under color of State law. Allows compensatory and punitive damages for intentional employment discrimination on the basis of race, color, religion, sex, national origin, or disability, subject to certain exceptions, including when: (1) the complaining party may recover under provisions of Federal law relating to equal rights under the law; or (2) the covered entity, in a disability discrimination case, demonstrates good faith efforts to make a reasonable accommodation that would provide an equally effective opportunity and would not cause an undue hardship on the operation of the business. Allows such punitive damages under these provisions where there is malice or reckless indifference to the federally protected rights of an aggrieved individual. Prohibits compensatory damages under these provisions for back pay, interest on back pay, or any other type of relief authorized under specified provisions of the Civil Rights Act of 1964 relating to injunctions, affirmative action, or other equitable relief. Limits to specified dollar amounts, varying depending on the number of employees employed by an employer, the sum of compensatory (for specified types of losses) and punitive damages. Allows any party to demand a jury trial if the complaining party seeks compensatory or punitive damages. Prohibits the court from informing the jury of the dollar amount limitations. Allows the awarding of attorney's fees in connection with an action or proceeding to enforce these provisions. Amends the Civil Rights Act of 1964 to define "required by business necessity" to mean that the challenged practice must: (1) in the case of practices used as job qualifications or to measure the ability to perform the job, bear a manifest relationship to the employment; and (2) in the case of other practices, bear a manifest relationship to a legitimate business objective of the employer. Provides for the burdens of proof which must be met by the various parties when an allegation of an unlawful employment practice is based on an assertion that a particular employment practice or particular employment practices result in disparate impact. Declares it an unlawful employment practice for a respondent, in connection with employment or promotion selection or referral, to adjust the scores of, use different cutoff scores for, or otherwise alter the results of, employment related tests on the basis of race, color, religion, sex, or national origin. Declares that an unlawful employment practice is established when it is shown that a discriminatory basis was a motivating factor, even though other factors also motivated the practice. Allows, when such mixed motives have been proven and the respondent shows it would have taken the same action in the absence of the impermissible motivating factor, declaratory relief, limited types of injunctive relief, and attorney's fees and costs demonstrated to be directly attributable only to the pursuit of a claim under the enforcement provisions of title VII (Equal Employment Opportunities) of the Civil Rights Act of 1964 Prohibits, in such cases, awarding damages or issuing certain types of orders. Provides for the finality of litigated or consent judgments or orders resolving an employment discrimination claim, barring actions (challenging an order) by persons who had certain types of notice and opportunity. Includes U.S. citizens employed in a foreign country in the definition of "employee." Declares that it is not unlawful to take an action, with respect to an employee in a foreign country, which would otherwise be prohibited by certain unlawful employment practice provisions of such title, if compliance with those provisions would violate the law of the foreign country. Declares that: (1) any practice prohibited by such provisions engaged in by an employer who controls a corporation incorporated in a foreign country is presumed to be engaged in by the employer; and (2) those provisions do not apply to the foreign operations of a foreign employer which is not controlled by an American employee. Requires the Equal Employment Opportunity Commission (EEOC), with regard to rights and obligations under title VII or other laws, to carry out educational and outreach activities, including in languages other than English, targeted to: (1) individuals who have historically been victims of employment discrimination and who have not been equitably served by the EEOC; and (2) individuals on whose behalf the EEOC has authority to enforce any other law. Declares that an unlawful employment practice occurs, with respect to a seniority system that has been adopted for an intentionally discriminatory purpose, whether or not that purpose is apparent on the face of the system, when the system is adopted, when an individual becomes subject to the system, or when a person is injured by the application of the system. Allows expert fees to be included in attorney's fees awarded to the prevailing party in an employment discrimination case. Extends the time limit for an aggrieved employee or employment applicant to file a civil action after notice of final action by a department, agency, or unit of the Federal Government. Requires the same interest to compensate for delay in payment by the Government as in cases involving non-public parties. Amends the Age Discrimination in Employment Act of 1967 (ADEA) to replace provisions providing for tolling of the statute of limitations for actions under the ADEA with provisions requiring the EEOC to give certain notice if it dismisses a charge or otherwise terminates proceedings. Allows a person to bring a civil action within a specified time limit. Prohibits construing certain amendments made by this Act to affect court-ordered remedies, affirmative action, or conciliation agreements that are in accordance with the law. Declares that: (1) the rights and protections under this Act, the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990, the Age Discrimination in Employment Act of 1967, and the Rehabilitation Act of 1973 shall apply with respect to employment by the Senate, with enforcement and adjudication within the exclusive jurisdiction of the Senate; and (2) provisions of this Act setting forth related requirements and procedures are enacted by the Senate as an exercise of the rulemaking power of the Senate and may be changed as any other rule of the Senate. Declares that: (1) the rights and protections under title VII (Equal Employment Opportunities) of the Civil Rights Act of 1964 shall apply with respect to any employee in an employment position in the House of Representatives and any employing authority of the House, with remedies and procedures as described in a specified House Resolution, as incorporated into the Rules of the House of Representatives; and (2) the provisions of this Act relating to such Resolution and Rules are enacted as an exercise of the rulemaking power of the House and may be changed as any other rule of the House. Declares that the rights and protections under this Act and title VII of the Civil Rights Act of 1964 shall apply with respect to the conduct of each instrumentality of the Congress, with the chief official of each instrumentality establishing the remedies and procedures to be used. Makes such remedies and procedures exclusive. Defines instrumentalities of the Congress to include the Architect of the Capitol, the Congressional Budget Office, the General Accounting Office, the Government Printing Office, the Office of Technology Assessment, and the U.S. Botanic Garden. Encourages the use of alternative means of dispute resolution to resolve disputes arising under the Acts and provisions of Federal law amended by this Act.

Bill· SS. 1732 (102nd)referred

A bill to amend the Internal Revenue Code of 1986 to clarify the treatment of leased employees, and for other purposes.

United States · United States Congress · 20 September 1991

Amends the Internal Revenue Code to revise the definition of "leased employee" for pension plan purposes to require: (1) a contract for such services pursuant to which payments are made, directly or indirectly, by the recipient to the leasing organization; (2) the leased employee to perform at least 1,000 hours during a plan year for the recipient; and (3) the leased employee to be under the control of the recipient. Allows a recipient to elect not to treat a leased employee as such an employee for a plan year if such employee performs services for less than 501 hours during such plan year. Provides an alternative safe harbor for organizations that are not principally formed to lease employees.

Bill· SS. 1711 (102nd)open

Glass Ceiling Act of 1991

United States · United States Congress · 16 September 1991

Glass Ceiling Act of 1991 - Establishes the Glass Ceiling Commission to conduct a study and prepare recommendations concerning: (1) eliminating artificial barriers to the advancement of women and minorities; and (2) increasing opportunities and developmental experiences of women and minorities to foster advancement of women and minorities to management and decisionmaking positions in business. Establishes the National Award for Diversity and Excellence in American Executive Management. Allows a recipient business to use the award in its advertising if the business agrees to help other U.S. businesses improve with respect to the promotion of opportunities and developmental experiences of women and minorities regarding management and decisionmaking positions. Authorizes appropriations. Terminates the Commission and the authority to make awards four years after enactment of this Act.

Resolution· SRESS.Res. 178 (102nd)passed

A resolution expressing the sense of the Senate on Chinese political prisoners and Chinese prisons.

United States · United States Congress · 12 September 1991

Urges the President to: (1) communicate to the leadership of the Government of the People's Republic of China the concern of the Congress and the American people for Wang Juntao and Chen Ziming and to call for their immediate release from prison; and (2) request the Secretary General of the United Nations (UN) to urge Beijing officials to provide quality medical care for them and for all political prisoners and to dispatch representatives of the UN Human Rights Commission to China to assess and report on the treatment of political prisoners and the condition of Chinese prisons.

Bill· SS. 1673 (102nd)open

Judicial Survivors' Annuities Improvements Act of 1991

United States · United States Congress · 2 August 1991

Judicial Survivors' Annuities Improvements Act of 1991 - Amends the Federal judicial code to authorize judicial officials of the United States (officials) to elect to contribute one percent of their salary and 3.5 percent of their retirement salary (under current law, five percent of their salary) to the Judicial Survivors' Annuities Fund. Requires an official who is not entitled to receive an immediate retirement salary upon leaving office but who is eligible to receive a deferred retirement salary at a later date to file, within 90 days before leaving office, a written notification of intent to remain within the purview of provisions with respect to the Fund (which shall constitute consent to contribute the 3.5 percent of deferred retirement salary) or be deemed to have revoked the election to participate under such provisions. Provides for the refund of deposits into the Fund for officials who leave office and are ineligible to receive a retirement salary, or who leave office and are entitled to a deferred retirement salary but fail to make an election. Counts as creditable service those years during which an official had deductions withheld from his or her retirement salary. Revises the formula with respect to the computation of the annuity to take into account the number of years during which the official had deductions withheld from his or her retirement salary. Authorizes an official who ceases to be married after making the election, to revoke such election in writing by notifying the Director of the Administrative Office of the U.S. Courts. Provides a credit for prior contributions made to the Fund by officials at the higher rate. Puts officials, including judges of the U.S. Claims Court, the District Courts of Guam, the Northern Mariana Islands, or the Virgin Islands, and bankruptcy judges and magistrate judges on a par with any other "justice or judge of the United States" (those covered under current law) with respect to eligibility for Government life insurance, termination of insurance, and conversion rights. Makes any member of a family who is a survivor of a justice or judge of the United States, a judge of the U.S. Claims Court, the District of Guam, the Northern Mariana Islands, or the Virgin Islands, a bankruptcy judge, or a full-time magistrate judge, eligible for Government health insurance.