United States · United States Congress · 22 November 1991
Urges the President to renew the Voluntary Restraint Agreement with Japan and Taiwan for an additional five years in order to continue to protect national security and ensure industrial competitiveness.
United States · United States Congress · 20 November 1991
Medicare Cancer Coverage Improvement Act of 1991 - Amends title XVIII (Medicare) of the Social Security Act to cover: (1) any use of a drug in an anticancer chemotherapeutic regimen if such use has been approved by the Food and Drug Administration, published in peer-review medical literature, or included in one or more of three specified medical compendia; and (2) an oral form of a drug prescribed for such a use in an anticancer chemotherapeutic regimen if the drug contains the same active ingredients as a drug that would be covered if administered as incident to a physician's service. Requires a study and report to specified congressional committees on Medicare coverage of patient care costs associated with clinical trials of new cancer therapies.
United States · United States Congress · 19 November 1991
Coal Industry Retiree Health Benefit Act of 1991 - Amends the Internal Revenue Code to establish the Coal Industry Retiree Health Benefit Corporation to administer a program for the provision of retiree health benefits in the coal industry. Establishes the Coal Industry Retiree Benefit Fund for the deposit of all amounts received by the Corporation. Requires the following payments to the Corporation: (1) an hourly premium on each hour worked in coal production by employees by each person that produces coal for use or for sale; (2) a per-ton premium obligation on the importer of coal; and (3) an annual per beneficiary premium by each last signatory operator and each other employer. Sets forth the eligibility requirements for benefits for orphan miners, and spouses and dependents or orphan miners or deceased coal miners. Requires the Corporation to provide medical and death benefits to such persons. Directs the Corporation to develop managed care rules applicable to the payment of benefits. Establishes the United Mine Workers of America 1991 Benefit Fund as an employee welfare benefit plan consisting of the merger of excess assets from certain closed plans. Sets forth eligibility requirements for benefits from such Fund. Requires the last signatory operator of any individual receiving retiree health care benefits as of February 1, 1993 from an individual employer plan maintained pursuant to a coal wage agreement to provide retiree health care benefits to such individual. Provides for the determination and disposition of excess pension assets to the Corporation or the 1991 Benefit Fund.
United States · United States Congress · 13 November 1991
Federal Property and Administrative Services Authorization Act of 1991 - Amends the Federal Property and Administrative Services Act of 1949 to authorize appropriations for functions and activities under the Act, including operations of the General Services Administration (GSA), through FY 1993. Title I: Amendments To Federal Property and Administrative Services Act of 1949 - Amends the Federal Property and Administrative Services Act of 1949 to set forth provisions analogous to those contained in the National Defense Authorization Act for Fiscal Year 1991 concerning an agency's responsibilities regarding statements of evaluation factors in a contract solicitation. Raises the cost and pricing data threshold under the Federal Property and Administrative Services Act of 1949 to $500,000. Title II: Brooks Act Amendments - Provides that specified provisions of the Federal Property and Administrative Services Act of 1949: (1) concerning the procurement, maintenance, operation, and use of automatic data processing equipment may be cited as the Brooks Automatic Data Processing Act; and (2) concerning the procurement of architectural and engineering services may be cited as the Brooks Architect-Engineers Act. Amends the Brooks Automatic Data Processing Act to: (1) extend the Administrator's authority to procurements of automatic data processing equipment (ADPE) conducted on behalf of a Federal agency; (2) allow the Administrator to revoke a delegation of procurement authority either before or after a contract is awarded; (3) allow GSA's board of contract appeals to accept protests against procurements conducted on behalf of a Federal agency; (4) allow such board to dismiss protests that are frivolous or have been brought in bad faith, to impose costs for violations of or failures to comply with its orders and decisions, to order resolicitation, cancellation of an award, or termination of a contract, and to direct that an award be made in accordance with its decision in providing relief; (5) require all settlement agreements providing for or contemplating the dismissal of a protest to be submitted to such board for approval or disapproval; (6) require agencies to reimburse the judgment fund when either awards or settlements are paid out of that fund; (7) allow prevailing (currently "interested") parties to be awarded protest resolution costs; (8) revise the definition of "protest" to include protests of procurements conducted on behalf of a Federal agency; (9) revise the definition of "interested party" to delete the requirement that a party have a direct economic interest in the procurement; (10) define "prevailing party"; and (11) provide for GSA oversight of agency ADPE procurements. Title III: Miscellaneous Provisions - Amends the Competition in Contracting Act of 1984 to revise the authority of the Comptroller General to award costs and fees to successful procurement protesters to make such costs and fees payable as a matter of law, rather than as a consequence of the Comptroller General's discretion. Subjects to judicial review the entitlement of an interested party to recover such costs and fees. Amends the Office of Federal Procurement Policy Act to require that agencies debrief losing vendors, upon their request, after a contract is awarded on a basis other than price alone. Provides vendors with the opportunity for additional post-award information. Makes the failure of an agency to provide a debriefing subject to protest.
United States · United States Congress · 13 November 1991
Authorizes the U.S. Postal Service to issue and sell a postage stamp to honor the Women's Army Corps and to commemorate the date it officially became a part of the U.S. Army.
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.
United States · United States Congress · 7 November 1991
Authorizes the Air Force Association to establish a commemorative work on Federal land in the District of Columbia and its environs to honor the men and women who have served in the U.S. Air Force.
United States · United States Congress · 24 October 1991
National Community Economic Partnership Act of 1991 - Amends the Omnibus Budget Reconciliation Act of 1981 to establish a National Commission on Community Economic Development (the Commission), as an independent agency, to: (1) administer the community development programs established under this Act; and (2) serve as a focal point for Federal promotion of community-based economic development. Directs the Commission to develop and promulgate, in consultation with the heads of other Federal agencies, regulations to permit appropriate operation of joint programs coordinating activities supported with assistance under this Act with activities supported with assistance under programs administered by such agency heads. Authorizes the Commission to enter into contracts and other appropriate arrangements with nonprofit organizations for operation and management of any projects undertaken under such a joint program. Requires the Commission to coordinate such joint programs with other related Federal, State, local, and private activities. Establishes a program of community economic partnership investment funds. Authorizes the Commission to provide nonrefundable lines of credit to community development corporations (CDCs) to establish, maintain, or expand revolving loan funds to finance projects to: (1) provide business and employment opportunities for low-income and unemployed individuals; and (2) improve the quality of life in urban and rural areas. Sets forth requirements relating to such revolving loan funds, including: (1) competitive assessment of applications from eligible entities for capitalization of such funds; (2) applications including strategic investment plans and demonstrations of experience and achievement; (3) matching local funds (with exceptions); (4) application approval criteria, including priority for target areas with low incomes and high unemployment; and (5) availability of lines of credit; (6) authorized uses of lines of credit and of revolving loan funds; (7) limitations on use of funds; (8) local contributions; and (9) use of proceeds from investments. Requires the Commission to give priority in providing lines of credit under this Act to CDCs that propose to undertake economic development activities in distressed communities that target women, Native Americans, at-risk youth, farmworkers, very low-income communities, single mother or refugees and programs providing loans in limited amounts to very small business enterprises. Allows not more than five percent of program appropriations to be reserved for such priority activities. Authorizes appropriations for FY 1993 through 1995 for such community economic partnership investment funds program. Establishes a program for emerging community development corporations (CDCs). Directs the Commission to award: (1) grants to community development corporations to attain or enhance the business management and development skills of the individuals that manage such CDCs, in order to enable such CDCs, to seek the public and private resources necessary to develop community economic projects; and (2) operating grants to community development corporations to enable them to support an administrative capacity for planning, developing, and management of low-income community development projects. Sets forth authorized uses and maximum amounts of, and application requirements for, such grants. Authorizes the Commission to award grants to emerging CDCs to enable them to establish, maintain, or expand revolving loan funds, to make or gurantee loans, or to make capital investments in new or expanding local businesses. Sets forth eligibility requirements, authorized uses of such revolving loan funds and of proceeds from investments, and maximum grant amount. Authorizes appropriations for FY 1993 through 1995 for such program for emerging CDCs. Establishes a community economic development research and demonstration program. Directs the Commission to award grants to enable eligible organizations to undertake programs involving research, testing, studies, or demonstrations related to community economic development. Makes eligible for such grants, if they submit appropriate applications, the following entities: CDCs, universities, fiscal intermediaries, or nonprofit organizations involved in community-based economic development. Sets forth authorized uses and maximum amount of such grants. Authorizes appropriations for FY 1993 through 1995 for such grants program. Prohibits funds authorized under this Act from being used to finance the construction of housing.
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.
United States · United States Congress · 22 October 1991
National Training Center for Afro-American Museum Professionals Act - Directs the Secretary of the Interior, acting through the National Park Service, to: (1) provide for the operation and maintenance of, and technical assistance for, the National Afro-American Museum and Cultural Center (the Museum), in Wilberforce, Ohio; and (2) construct a National Training Center at the Museum to prepare professionals for our Nation's museums. Authorizes appropriations for such purposes. Directs the Secretary of Education, acting through the Museum, to: (1) contract with a consortium of institutions of higher education to implement a program of Afro-American professional museum studies at such National Training Center of the Museum; and (2) provide scholarships and loans for students in those studies. Authorizes appropriations. Terminates the National Afro-American History and Culture Commission (established by the National Center for the Study of Afro-American History and Culture Act) 30 days after the enactment of this Act. Provides that ultimate governance of the Museum shall rest with a Board of Governors established by the Congress in consultation with the State of Ohio.
United States · United States Congress · 22 October 1991
Management Corps Act of 1991 - Requires the President to designate a private nonprofit organization which has demonstrated expertise in providing assistance to business enterprises in the republics of the Soviet Union and the Baltic States through United States citizens with expertise in the management of business enterprises who voluntarily donate their time and services to such enterprises in those countries. Designates such organization as the Management Corps. Sets forth administrative provisions for such Corps. Provides for grants to the Corps to be made by the Secretary of State through the Agency for International Development. Requires the Corps to publish an annual report which shall be submitted to the Speaker of the House of Representatives and the President of the Senate. Authorizes appropriations for FY 1993 through 1995.
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.
United States · United States Congress · 17 October 1991
Amends title XVIII (Medicare) of the Social Security Act to prohibit the use of claim sampling to deny claims or recover overpayments under Medicare except when fraud has been determined, in which case claim sampling may be used for the purpose of assessing civil monetary penalties.
United States · United States Congress · 17 October 1991
Expresses the sense of the Congress that: (1) U.S. policy toward the International Atomic Energy Agency (IAEA) should be guided by a conviction that the interests of international security must take precedence over any conflicting interests in promoting nuclear commerce; and (2) the United States should encourage the IAEA to introduce reforms to strengthen its ability to pursue its safeguards objectives. Expresses the sense of the Congress that the President should undertake bilateral and multilateral initiatives to maintain and enhance international confidence in the effectiveness of IAEA safeguards and in other multilateral undertakings to halt the proliferation of nuclear weapons, including initiatives for: (1) building international support for the principle that nuclear supply relationships must require purchasing nations to agree to full-scope international safeguards; (2) encouraging each nuclear weapon state to undertake a comprehensive review of its own procedures for declassifying information relating to the design or production of nuclear explosive devices and to investigate any measures that would reduce the risk of such information contributing to nuclear weapons proliferation; (3) arranging for timely payment of annual financial contributions by all IAEA members; and (4) seeking agreement among the parties to the Treaty on the Non-Proliferation of Nuclear Weapons to apply IAEA safeguards in perpetuity and to establish new limits on the right to withdraw from that Treaty. Expresses the sense of the Congress that the President should direct the U.S. representatives to the IAEA to work toward the early adoption of reforms in the implementation of the safeguards responsibilities of the IAEA, including: (1) making public the IAEA's annual safeguards implementation report, establishing a public registry of commodities in international nuclear commerce, and creating a public repository of current nuclear trade control laws, agreements, regulations, and enforcement and judicial actions by IAEA member nations; (2) enabling the IAEA to issue fines for violations of safeguards procedures, pay rewards for information on possible safeguards violations, and establish a hotline for reporting such violations and other illicit uses of weapons-grade nuclear material; (3) implement special inspections of undeclared nuclear facilities and seeking authority for the IAEA to conduct challenge inspections on demand at suspected nuclear sites; and (4) developing with other IAEA member states an agreement on procedures to expedite approvals of visa applications by IAEA inspectors. Directs the President, within six months, to submit to specified congressional committees a report describing the bilateral and multilateral initiatives which the President has taken during the period since the enactment of this Act.
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.
United States · United States Congress · 2 October 1991
Provides, unless specified conditions are met relating to Serbia's armed conflict with the other ethnic peoples of Yugoslavia, for the: (1) restriction of U.S. assistance to Serbia or any part of Yugoslavia controlled by it; (2) suspension of U.S. air travel to and from such locations; (3) suspension of multinational assistance; and (4) imposition of a U.S. trade embargo.
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.
United States · United States Congress · 1 October 1991
Amends the Harmonized Tariff Schedule of the United States to extend, through December 31, 1994, the duty on: (1) terfenadone; (2) clomiphine citrate; (3) dicyclomine hydrochloride; (4) terfenadine and mepenzolate bromide; (5) desipramine hydrochloride; (6) lactulose; (7) nicotine resin complex put up in measured doses in chewing gum form; (8) rifampin; (9) L-ornithine, ethyl ester; (10) (+)-cis-(2s,3s) -3-(acetoxy-8-chloro-5-(2-(dimethylamino)-ethyl)-2,3-dihydro-2-(4- methoxyphenyl)-1,5-benzothiazepin-4(5H) one maleate (cletiazim maleate; (11) diltiazem hydrochloride; (12) teicoplanin; and (13) sucralfate.
United States · United States Congress · 1 October 1991
Amends the Harmonized Tariff Schedule of the United States to extend, through December 31, 1994, the existing suspension of duty on self-folding telescopic shaft, collapsible umbrellas.
United States · United States Congress · 1 October 1991
Amends the Harmonized Tariff Schedule of the United States to extend, through December 31, 1996, the suspension of duty on certain bicycle parts and accessories. Amends the Foreign Trade Zones Act to extend, through December 31, 1996, the exemption from the customs laws to bicycle component parts that are reexported from the United States, whether in the original package, as components of a completely assembled bicycle.
United States · United States Congress · 1 October 1991
Amends the Harmonized Tariff Schedule of the United States to suspend, through December 31, 1994, the duty on (1) mesalamine; (2) methenamine hippurate; (3) pseudophedrine hydrochloride; and (4) rifadin.
United States · United States Congress · 1 October 1991
Expresses the sense of the Congress that the President should: (1) recognize Ukraine's independence and take steps toward the establishment of full diplomatic relations with Ukraine should the December 1, 1991, referendum confirm the Ukrainian parliament's independence declaration; and (2) use U.S. assistance, trade, and other programs to support the Government of Ukraine and encourage the further development of democracy and a free-market.
United States · United States Congress · 30 September 1991
Domestic Corporation Taxation Equality Act of 1991 - Amends the Internal Revenue Code to prohibit, with specified exceptions, the States from imposing tax on corporate taxpayers on a worldwide unitary basis, unless a taxpayer unconditionally elects to be taxed that way. Includes an express prohibition against the unitary method with respect to a domestic corporation whose average U.S. payroll, property, and sales represent less than 20 percent of its total payroll, property, and sales. Permits a State to tax dividends received by domestic corporations from their foreign affiliates only to the extent that the State excludes from the tax base of the U.S. corporation: (1) at least 85 percent of such dividends; or (2) the portion of such dividends that effectively bears no Federal income tax after application of the foreign tax credit.
United States · United States Congress · 18 September 1991
Declares that the Congress acknowledges and appreciates the commitment, devotion, and sacrifices of present and former military families. Designates November 25, 1991, as National Military Families Recognition Day.
United States · United States Congress · 2 August 1991
National Flood Insurance, Mitigation, and Erosion Management Act of 1991 - Title I: Definitions - Defines specified terms under the Flood Disaster Protection Act of 1973 and the National Flood Insurance Act of 1968. Title II: Compliance and Increased Participation - Amends the Flood Disaster Protection Act of 1973 to prohibit the waiver of current mandatory flood purchase insurance requirements with respect to financial assistance for property in a flood hazard area. Expands flood insurance purchase requirements. Requires lenders to review outstanding loans to determine whether they are in compliance with mandatory flood insurance purchase requirements. Authorizes lenders to charge borrowers a fee for such service. Exempts lenders from such requirement who have a specified accuracy for flood hazard determinations for outstanding loans, or who have conducted satisfactory loan reviews, or have regularly provided for escrow of flood insurance premiums. Requires residential real estate lenders to establish flood insurance premium escrow accounts. Imposes a fine for lenders failing to require flood insurance or to give proper notice under the National Flood Insurance Act of 1968. Requires the seller-transferor of a residential-secured loan in a flood hazard area to so notify the purchaser-transferee unless a flood hazard determination has been made within the previous five years. Revises flood insurance notice requirements. Amends the National Flood Insurance Act of 1968 to require the development of a standard hazard determination form. Amends the Federal Financial Institutions Examinations Council Act of 1978 to direct the Financial Examinations Council to coordinate with Federal entities for lending regulation to develop uniform lender standards. Title III: Ratings and Incentives for Community Floodplain Management Programs - Amends the National Flood Insurance Act of 1968 to provide for a community rating system and incentives for community floodplain management. Provides program funding. Title IV: Mitigation of Flood and Erosion Risks - Amends the Housing and Urban Development Act of 1968 to establish an Office of Mitigation Assistance to carry out flood and coastal erosion mitigation activities under the Federal Insurance Administrator. Amends the National Flood Insurance Act of 1968 to make mitigation assistance grants available to eligible States, communities, and individuals. Includes among eligible grant activities property elevation, relocation, flood-proofing, and acquisition. Prohibits assistance for activities within a designated erosion-prone area in a community that has not adopted specified land management measures. Authorizes mitigation activity technical assistance. Establishes in the Treasury the National Flood Mitigation Fund to be available for such mitigation assistance grants. Provides for an insurance premium mitigation surcharge to be paid into such Fund. Authorizes a mitigation transition pilot program to be carried out through the Office of Mitigation Assistance. Repeals (with a transition period) the current program for the purchase of certain insured properties. Establishes a program to reduce coastal erosion hazards. Makes: (1) assistance available only to specified structures; and (2) structure relocation or demolition eligible as erosion mitigation activities. Limits flood insurance payments and prohibits future insurance coverage for failure to relocate or demolish a structure. Authorizes specified annual amounts from the National Flood Insurance Fund for erosion mitigation assistance. Repeals (with transition periods) current provisions for claims for imminent collapse and subsidence through flood insurance claims. Sets forth erosion setback limitations on flood insurance availability and rates. Requires the Director of the Federal Emergency Management Agency to conduct a riverine erosion study. Title V: Flood Insurance Task Force - Establishes a two-year interagency Flood Insurance Task Force which shall: (1) develop standardized flood insurance enforcement procedures and guidelines; and (2) conduct a study of the extent to which the secondary mortgage market can assist enforcement. Title VI: Miscellaneous Provisions - Amends the National Flood Insurance Act of 1968 to: (1) increase flood insurance coverage amounts for nonresidential, single family, and multifamily structures; (2) permit flood insurance private sector participation; and (3) require at least every five years an assessment (and revision if necessary) of flood insurance maps.
United States · United States Congress · 2 August 1991
James Madison - Bill of Rights Commemorative Coin Act - Directs the Secretary of the Treasury to issue: (1) five-dollar and half-dollar coins emblematic of the Bill of Rights; and (2) one-dollar silver coins emblematic of James Madison. Sets forth guidelines for their sale and issuance, and for financial assurances. Mandates that the surcharges received by the Secretary be transmitted to the James Madison Memorial Fellowship Trust Fund. Authorizes audits by the Comptroller General. Provides a general waiver of procurement regulations when implementing this Act. Requires the Secretary to submit monthly financial status reports to certain congressional committees.
United States · United States Congress · 2 August 1991
Area Health Education Centers Reauthorization Act of 1991 - Amends the Public Health Service Act to specify a term of six years for agreements establishing area health education centers (AHECs). Modifies the purposes of AHECs, including serving high-impact areas and States as well as border areas close to Mexico. Mandates, if available in the area, participation of a school of public health. Authorizes agreements for the planning, development, and operation of State-supported AHECs. Authorizes appropriations.
United States · United States Congress · 1 August 1991
Comprehensive Occupational Safety and Health Reform Act - Amends the Occupational Safety and Health Act of 1970 (OSHA) with respect to occupational safety and health programs, committees, employee representatives, coverage, standards, enforcement, antidiscrimination, training and education, hazard and illness evaluation, State plans, and victims' rights. Title I: Safety and Health Programs - Amends OSHA to establish requirements for each employer to set up and carry out a written occupational safety and health program that includes methods and procedures for: (1) identifying, evaluating, and documenting hazards; (2) correcting them; (3) investigating work-related illnesses, injuries, and deaths; (4) providing occupational safety and health services, including emergency response and first aid procedures; (5) employee participation in implementing such program, including, where applicable, a safety and health committee; (6) responding to such committee's recommendations; (7) providing safety and health training and education to employees and committee members; (8) designating an employer representative qualified to and responsible for identifying hazards and initiating corrective action; and (9) at a worksite where employees of two or more employers work, protecting employees from hazards under the other employers' control. Authorizes the Secretary of Labor (the Secretary) to modify the application of such requirements to classes of employers where, in light of the risks faced by the employer's employees, such a modification would not reduce their safety and health protection. Directs the Secretary to issue final regulations on the required employer occupational safety and health programs, covering employee training and education as well, including annual refresher courses. Title II: Safety and Health Committees and Employee Safety and Health Representatives - Amends OSHA to require each employer of 11 or more employees to provide for: (1) safety and health committees; and (2) employee safety and health representatives. Requires, in general, such employers to establish such a committee at each worksite, but authorizes the Secretary to modify application of this requirement to: (1) an employer whose employees do not primarily report to or work at a fixed location; (2) covered employers at worksites where less than 11 of their employees are employed; and (3) worksites where employees of more than one employer are employed. Requires committee membership to consist of elected or appointed employee representatives and up to an equal number of employer representatives. Requires the committee to be cochaired by an employer representative and an employee representative. Grants each committee the reasonable right to: (1) review occupational safety and health related employer programs, incidents of death, injury, or illness, complaints of hazards, the employer's work injury and illness records (other than personally identifiable medical information), and other related reports and documents; (2) conduct worksite inspections (and related employee interviews) at least once every three months and in response to complaints; (3) conduct meetings at least once every three months; (4) observe the measurement of employee exposure to toxic materials and harmful physical agents; (5) establish procedures for exercising committee rights; (6) make advisory recommendations for improvements and corrections; and (7) accompany the Secretary's representative during certain physical inspections of the worksite. Requires the employer to permit committee members to take such time from work as is reasonably necessary to exercise committee rights, without any loss of pay or benefits for such time. Directs the Secretary to issue final regulations for the establishment and functioning of such committees. Sets forth procedures for selection of employee representatives by and from nonmanagerial employees. Directs the Secretary to issue regulations on safety and health representatives, including specified numbers and selection procedures. Title III: Coverage - Revises the OSHA definition of employer to include the Federal Government (except certain congressional employees) and State and local governments, thus extending OSHA coverage to public employees. (Includes under such OSHA coverage the executive and judicial branches and the following agencies of the legislative branch: the Botanic Garden, the General Accounting Office, the Government Printing Office, the Library of Congress, the Office of Technology Assessment, the Congressional Budget Office, and the Copyright Royalty Tribunal.) Authorizes the Secretary to cede OSHA jurisdiction to a Federal agency with respect to specified standards or regulations affecting occupational safety and health of some or all employees within that agency's regulatory jurisdiction, if the agency has promulgated and is enforcing standards and regulations so that its employees are being protected at least as effectively as they would be by the Secretary. Declares that nothing in OSHA shall apply to working conditions covered by the Federal Mine Safety and Health Act of 1977. Applies OSHA to employment performed in the Federal nuclear facilities under the control or jurisdiction of the Department of Energy. Extends an employer's duties under OSHA to all employees working at the place of employment (even if they are not the employer's employees). Title IV: Occupational Safety and Health Standards - Revises provisions for OSHA standards. Requires specified timeframes for setting such standards after the Secretary has received: (1) a recommendation of an advisory committee, the Secretary of Health and Human Services (HHS), or the Administrator of the Environmental Protection Agency; or (2) a petition from an interested person setting forth with reasonable particularity the facts claimed to establish that a standard should be promulgated, modified, or revoked. Directs the Secretary, within 90 days after such receipt, to publish a response stating whether the Secretary intends to publish a proposed rule with respect to such standard, or if not, the reasons for the decision not to publish such a rule. Directs the Secretary, if such rule is intended to be published, to do so within 12 months after the receipt of the recommendation or petition. Directs the Secretary to: (1) afford interested persons a period of at least 30 days to submit written data or comments after publication of a proposed rule promulgating, modifying, or revoking an OSHA standard; and (2) issue a final rule within 180 days after the public comment period (or within 180 days after a required public hearing on objections to such rule). Allows any adversely affected person to petition for judicial review, in the U.S. court of appeals for the appropriate circuit, of the Secretary's refusal or failure to issue such rules or standards. Requires that such petition be filed within 60 days after publication of such determination. Requires set-aside of the Secretary's determination if it is found to be arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law. Allows a petition to appeal the Secretary's failure to publish a proposed rule within the required 12-month time frame to be filed at any time after such time period has elapsed. Directs the reviewing court to compel the Secretary to take any such action that is found to have been unlawfully withheld or unreasonably delayed. Provides that the withholding or delaying of action shall not be justified by the Secretary's desire to consult with, or receive approval from any other Federal agency or executive official, except where required by applicable law and pursued in timely fashion. Revises the definition of "occupational safety and health standard" to mean a standard which addresses a significant risk to the safety or health of employees by requiring conditions, or the adoption or use of one or more practices, means, methods, operations, or processes that most adequately assure, to the extent feasible, safe and healthful employment and places of employment. Requires each OSHA standard also to prescribe requirements for recording or reporting a work-related illness determined as a result of a medical examination or test conducted under the standard. Directs the Secretary to place in the public record all written comments and communications and a summary of all verbal communications with parties outside the Department of Labor (DOL) (including communications with executive branch officials) regarding promulgation, modification, or revocation of an OSHA standard. Directs the Secretary, in cooperation with the Secretary of HHS and in addition to other OSHA standards, to modify and establish exposure limits for toxic materials and harmful physical agents on a regular basis in a specified manner. Directs the Secretary of HHS, acting through the National Institute for Occupational Safety and Health (NIOSH), to: (1) regularly evaluate available scientific evidence, data, and information to determine if such exposure limits should be modified or established to protect exposed employees from material impairment of health or functional capacity; and (2) at least every three years, on the basis of such evaluation, develop and transmit to the Secretary recommendations identifying materials and agents for which exposure limits should be modified or established to protect employees from such impairment. Directs the Secretary: (1) within 30 days of receipt of such recommendations, to publish them and provide a 30-day public comment period; (2) within six months of their receipt, evaluate them and the public comments and publish a proposed rule for the exposure limits of each material and agent for which the Secretary of HHS has made a recommendation (explaining why any proposed limit is not the same as a recommended limit); (3) within one year of publication of the proposed limits, issue a final standard (explaining why any final limit is not the same as the recommended limit); and (4) establish or modify such limits whenever warranted, in addition to a periodic review. Directs the Secretary, within two years after the effective date of this Act, to promulgate final standards on exposure monitoring and medical surveillance programs, including specified requirements. Directs the Secretary to issue a final standard on ergonomic hazards to protect employees from work-related musculoskeletal disorders, including specified requirements. Sets forth timetables for the Secretary to issue various OSHA final standards. Title V: Enforcement - Revises OSHA enforcement provisions. Provides that time spent by an employee in accompanying the Secretary's representative on an OSHA inspection shall be deemed to be hours worked, with no loss of pay, benefits, or seniority. Requires the Secretary to notify employees or their representative within 30 days after receipt of their request for inspection that there are no reasonable grounds to believe a violation or danger exists. Directs the Secretary also to make a special inspection after determining that there are reasonable grounds to believe that an imminent danger or serious violation exists in a place of employment, upon notification from any other source (as well as upon notification by an employee or employee representative as in current law). Directs the Secretary to establish and carry out a special emphasis inspection program for conducting inspections of industries or operations where existing hazards or newly recognized or new hazards introduced into work sites warrant more intensive inspections. Requires annual designation of the industries and operations for such program and the number of inspections planned and enforcement personnel required. Requires that special emphasis inspections be in addition to other programmed and complaint inspections conducted under OSHA before the effective date of this Act. Requires a report on such program in the Secretary's annual OSHA report to the Congress. Requires the Secretary to investigate any work-related death or serious incident (i.e. one resulting in hospitalization of two or more employees). Requires the employer to: (1) notify the Secretary of any death or serious incident occurring in a place of employment covered by OSHA; and (2) prevent the destruction or alteration of evidence that would assist in investigating such death or incident. Requires OSHA citations to state if the Secretary or the Secretary's representative believes that an alleged violation is serious and presents such a substantial risk to the safety or health of employees that initiation of review proceedings should not suspend the running of the period for correction of the violation. Revises the correction period to make it begin to run from the date of receipt of the citation, with specified exceptions. Requires employers to verify the abatement of a serious, willful, or repeated violation in writing to the Secretary within 30 days after the correction period has expired. Requires employers, within ten days after verification of abatement, to prominently post notice of such abatement at or near each place the violation occurred and to make a copy of the verification available to employers and employee representatives. Directs the Secretary to issue regulations implementing such abatement verification and notice requirements. Grants employees the right to contest: (1) citations' designations of the character of the violation or of the OSHA provision, standard, rule, regulation, or order violated (in addition to contesting the abatement period, as in current law); and (2) proposed penalties as inadequate. Grants employee representatives the right to participate in other proceedings (as well as hearings) conducted under specified OSHA enforcement procedures. Requires, if the Secretary intends to withdraw or modify a citation as a result of any agreement with the employer, the Occupational Safety and Health Review Commission (Commission) rules of procedure to provide for prompt notice to affected employees or their representatives. Grants employees or their representative, regardless of whether they have previously elected to participate in the proceedings, the right to file a notice alleging that the proposed agreement fails to effectuate the purposes of OSHA within 15 days after receipt of notice of the agreement. Directs the Secretary to consider the matter and, upon determination to proceed with the agreement, respond with particularity to the objections. Grants employees or their representative, within 15 days after the Secretary's response, the right to a hearing upon request to the Commission. Provides that if the Commission determines the proposed agreement fails to effectuate the purposes of OSHA, the proposed agreement shall not be entered as a Commission order and the citation shall not be withdrawn or modified in accordance with the proposed agreement. Revises OSHA provisions for restraining imminent dangers. Directs the Secretary to inform the employer and the affected employees and request that a condition or practice that poses an imminent danger be corrected immediately or that employees be immediately removed from exposure to such danger. Requires such actions if the Secretary determines, on the basis of an inspection or investigation, that a condition or practice in the place of employment is such that an imminent danger to safety or health exists which could reasonably be expected to cause death, serious physical harm, or permanent impairment of health or functional capacity of employees if not corrected immediately. Directs the Secretary to determine whether to post a notice in the workplace if the employer refuses to comply with the Secretary's request. Requires that such notice identify the source of the imminent danger. Grants employees the right to refuse to perform a duty that has been identified as the source of an imminent danger by such a notice, and prohibits discrimination against them for such refusal. Subjects an employer to a civil penalty of from $10,000 to $50,000 for each day during which an employee continues to be exposed if the employer does not immediately correct the hazard referred to in the posted notice or remove all employees from exposure to it, unless the Commission determines that the condition or practice is not covered by such imminent danger provisions. Revises OSHA criminal penalties to increase the maximum amount of fines and the length of prison terms for specified violations, including those for a willful violation causing death, an improper advance notice of an inspection, or a false statement. Establishes criminal penalties for a willful violation that causes serious bodily injury. Prohibits a penalty or fine which is imposed on a director, officer, or agent of an employer from being paid out of the employer's assets on behalf of that individual. Provides that nothing in OSHA shall preclude State and local law enforcement agencies from conducting criminal prosecutions in accordance with State or local laws. Title VI: Protection of Employees from Discrimination - Revises OSHA antidiscrimination provisions to extend coverage to an employee's: (1) reporting any injury, illness, or unsafe condition to the employer, employer's agent, safety and health committee, or employee safety and health representative; and (2) refusing to perform duties when reasonably apprehensive that doing so would result in serious injury to himself/herself or other employees, after having sought and been unable to obtain from the employer corrections of the circumstances causing such refusal. Revises procedures for consideration of complaints of discrimination. Increases the period for filing such complaints from 30 to 180 days after the alleged discrimination. Requires the Secretary, within 60 days after receipt of the complaint, to investigate and notify the complainant and the alleged violator of the findings. Requires such findings to be accompanied by a preliminary order providing relief, if the Secretary has concluded that there is reasonable cause to believe a violation has occurred. Allows the alleged violator or the complainant to file, within 30 days, objections to the findings and/or the preliminary order, and to request a hearing on the record. Provides that such filing of objections shall not operate to stay any reinstatement remedy in the preliminary order. Requires such hearings to be conducted expeditiously. Deems the preliminary order a final order not subject to judicial review if a hearing is not timely requested. Directs the Secretary to issue a final order within 120 days after the conclusion of such hearing. Allows such proceedings to be terminated at any time in the interim on the basis of a settlement agreement by the Secretary, the complainant, and the alleged violator. Requires the Secretary, upon determination that a violation of antidiscrimination provisions has occurred, to order: (1) correction of the violation; (2) reinstatement to the former position with all compensation (including back pay), terms, conditions, and privileges of such employment; and (3) compensatory damages. Authorizes the Secretary, upon request of the complainant, to assess against the person against whom such order is issued all costs and expenses (including attorney's fees) incurred by the complainant in connection with bringing the complaint. Allows adversely affected or aggrieved persons to petition within 60 days to obtain review of such orders in the U.S. Court of Appeals for the appropriate circuit. Directs the Secretary to file a civil action in the appropriate U.S. district court to enforce such orders against persons who fail to comply. Authorizes such court to grant appropriate relief. Provides that the legal burdens of proof that prevail under the Whistleblower Protection Act of 1989 shall govern adjudication of protected activities under OSHA antidiscrimination provisions. Title VII: OSHA and NIOSH Training and Education - Revises OSHA provisions for training and education. Includes education programs for employees and members of safety and health committees, as appropriate, among those programs which the Secretary of HHS is to conduct through NIOSH. Requires the Secretary (of Labor) to develop training materials, model curricula, and programs to assist employers in: (1) providing the training and education required under the new provisions for employer occupational safety and health programs; and (2) complying with OSHA standards. Title VIII: Recordkeeping and Reporting - Revises OSHA provisions relating to statistics to require the Secretary to collect information and conduct analyses that identify: (1) industries, employers, processes, operations, and occupations that have a high rate of injury or illness; (2) factors that cause or contribute to injuries and illnesses; and (3) workers' compensation costs associated with the injuries and illnesses. Requires such data to be publicly available in a form suitable for further statistical analysis, and to be used in setting safety and health standards, targeting inspections of individual establishments, and evaluating standard setting and enforcement programs. Directs the Secretary to require each employer covered by OSHA to report: (1) each work-related death of an employee immediately upon knowledge; and (2) each serious incident resulting in hospitalization of two or more employees within 24 hours of the incident. Revises OSHA requirements for employer records and reports to include (in addition to work-related deaths, injuries, and illnesses) suspected work-related illnesses, including a work-related illness reported by an employee or an employee's physician, unless the employer makes a reasonable determination that the illness is not work-related. Provides that all such employer records and reports shall be made available to the Secretary, the Secretary of HHS, employees, and employee representatives. Title IX: NIOSH - Revises OSHA provisions relating to duties of the Secretary of HHS acting through NIOSH. Includes under hazard evaluation reports an evaluation of whether any hazardous condition or harmful physical agent found in the place of employment poses a risk to exposed employees. Directs the Secretary of HHS, if a final determination of hazard is not made within six months of a request, to provide to the employer and employees an interim report on the known or suspected hazards, a recommendation for control, and an estimate of the time in which a final determination will be made. Directs the Secretary of HHS to identify major factors contributing to occupational injuries and deaths through accident investigations and epidemiological research. Directs the Secretary of HHS to carry out a program to identify and notify employees at increased risk of occupational illnesses, injuries, and deaths, including public information and education programs, and recommendations for appropriate medical surveillance. Requires notification, if they are found to be at increased risk, of subjects of studies funded or conducted by the Secretary of HHS under such program. Specifies that the authority of the Secretary of HHS, and of NIOSH, to inspect records extends to the Secretary's designees and contractors. Directs the Secretary of HHS, through NIOSH (and in cooperation with other HHS agencies and the Secretary of Labor), to establish a national surveillance program to identify cases of occupational illnesses, deaths, and serious injuries. Requires coordination with State health agencies and Federal and State workers' compensation agencies under such program. Directs the Secretary of HHS to collect data each year on the number and characteristics of all occupational deaths and selected occupational illnesses and injuries. Requires, in making such selections, consideration of known frequency and severity of the disorder and of the size of the population at risk. Directs the Secretary of HHS to report on and analyze the occupational deaths, illnesses, and injuries collected under such program, and transmit such information to the Secretary of Labor, State health agencies, employers, employees, and other interested parties. Authorizes the Secretary of HHS to require an employer, through a physician or health professional employed by or under contract to the employer, to report information on occupational deaths, illnesses, and injuries. Establishes NIOSH as a separate agency within the U.S. Public Health Service in the Department of HHS. Title X: State Plans - Revises OSHA requirements for State plans to provide for: (1) development of safety and health programs and safety and health committees and training programs that are at least as effective as those under the new OSHA requirements; and (2) reporting requirements, protection of employee rights, and access to information that are at least as effective as those under OSHA or other Federal laws governing access to information related to OSHA. Requires the State to enforce the Federal standard until a State standard at least as effective is in effect, if a State fails to adopt or promulgate such a standard within six months after the Federal standard is promulgated. Requires the Secretary (of Labor) to: (1) promptly investigate complaints against a State plan if there are reasonable grounds to believe a deficiency exists; (2) investigate complaints alleging a deficiency in a State enforcement action within 30 days of receipt; and (3) within 30 days of completion of the investigation, transmit findings and recommendations for correction to the State and complainant (or notify the complainant if there are no reasonable grounds to believe a deficiency exists). Requires a State to respond as to what action it has taken on the Secretary's findings and recommendations within 30 days of their receipt. Directs the Secretary to issue a citation with reasonable promptness if, after receipt of the State's response, the Secretary believes a serious violation of OSHA exists for which the State has failed to issue a citation. Requires the Secretary, upon determination that there are reasonable grounds to conclude there is a failure to comply substantially with any provision or assurance of the State plan, to: (1) notify the State and allow six months for correction of deficiencies; (2) institute proceedings for withdrawal of approval of the State plan, if the State has not corrected the deficiencies within six months (unless there are exceptional circumstances); and (3) during the pendency of such proceedings, exercise concurrent jurisdiction with the State over the safety and health issues that are subject to the State plan. Requires States operating State safety and health plans to modify them to conform to this Act. Title XI: Victim's Rights - Sets forth provisions for victims' rights under OSHA. Defines a victim as: (1) an employee who has sustained a work-related injury or illness which is the subject of an OSHA inspection or investigation; or (2) the family member of an employee who either is killed or cannot reasonably exercise victim's rights as a result of such an injury or illness. Grants victims the right, on request, to: (1) meet with the Secretary or a representative respecting the inspection or investigation before the Secretary's decision to issue a citation or to take no action; (2) receive a free copy of any citation or report issued as a result of the inspection or investigation; (3) be informed of any notice of contest filed; (4) be provided an explanation of the rights of employees and employee representatives to participate in OSHA enforcement proceedings; and (5) be provided an opportunity to appear and make a statement before the parties conducting any settlement negotiations before the Secretary agrees to withdraw or modify the citation. Provides that a victim shall have the same rights as an employee under OSHA enforcement procedures. Entitles a victim, if such victims' rights are violated, to declaratory relief, injunctive relief, recovery of costs of securing specified documents, and reasonable attorney's fees and costs. Directs the Secretary to take reasonable actions to inform victims of these rights. Title XII: Effective Date - Sets forth the effective date of this Act.
United States · United States Congress · 1 August 1991
Federal Enterprise Regulatory Act of 1991 - Title I: Establishment of the Federal Enterprise Regulatory Board - Establishes the Federal Enterprise Regulatory Board (the Board) as a mixed-ownership government corporation to oversee Government-sponsored enterprises in order to ensure their safety, soundness and compliance with their public purposes. Vests management of the Board in a Board of Directors. Grants the Board rulemaking authority. Title II: Supervision and Regulation - Outlines the safety and soundness standards and remedial actions to be adopted and implemented by the Board. Require submission of periodic financial status reports to the Board by regulated enterprises. Requires the Board to appoint examiners to examine the enterprises. Title III: General Enforcement Powers - Sets forth the Board's enforcement powers, including: (1) cease and desist order authority; (2) party removal and prohibition authority; (3) suspension or removal authority (with respect to enterprise-affiliated parties charged with felonies); and (4) the imposition of civil and criminal penalties. Title IV: Conservatorship - Sets forth circumstances under which the Board may appoint itself conservator of a troubled enterprise. Title V: Regulatory Restructuring and Conforming Amendments - Subtitle A: Farm Credit Administration Abolished - Terminates the Farm Credit Administration and the Farm Credit Administration Board. Transfers to the Board their respective powers, staff, and property. Vests management responsibility of the Farm Credit System Division in the Board. Subtitle B: Reorganization of Federal Home Loan Banks - Terminates the Federal Housing Finance Board. Transfers its powers, property, and staff to the Board. Subtitle C: Amendments to Related Acts - Amends the Federal National Mortgage Association Charter Act, the Federal Home Loan Mortgage Corporation Act, and the Higher Education Act of 1965 to reflect the amendments made by this Act. Title VI: Miscellaneous Provisions - Grants the Comptroller General of the United States audit and evaluation authority over the Board and over the enterprises within the purview of this Act.
United States · United States Congress · 31 July 1991
Extends nondiscriminatory treatment (most-favored-nation treatment) to Estonia, Latvia, and Lithuania upon conclusion of the Agreement on Trade Relations between the United States and the Soviet Union granting it most-favored-nation status.
United States · United States Congress · 31 July 1991
Expresses appreciation to William H. Webster on the occasion of his retirement for exceptionally distinguished service to the Federal judiciary, the Federal Bureau of Investigation, the Central Intelligence Agency, the national intelligence community, and the United States.