United States · United States Congress · 31 October 1991
Research Freedom Act of 1991 - Amends title IV (National Research Institutes) of the Public Health Service Act to prohibit the Secretary of Health and Human Services: (1) from approving any application for financial assistance to conduct research subject to review by an Institutional Review Board unless the application has undergone review and has been recommended for approval by an Institutional Review Board; and (2) from authorizing research that is subject to review under procedures established by the Secretary for the protection of human subjects in clinical research by the National Institutes of Health unless the research has been recommended for approval. Permits the Secretary to conduct or support research concerning the transplantation of human fetal tissue for therapeutic purposes. Permits the use of such tissue in such research regardless of whether the tissue is obtained subsequent to a spontaneous or induced abortion or subsequent to a stillbirth. Requires consent of the woman involved, the researcher, and the donee.
United States · United States Congress · 29 October 1991
Medicaid Moratorium Amendments of 1991 - Amends the Technical and Miscellaneous Revenues Act of 1988 to: (1) delay until September 30, 1992, the issuance of regulations changing the treatment under the Medicaid program (title XIX of the Social Security Act) of voluntary contributions and provider-specific taxes; and (2) maintain current regulations that allow intergovernmental transfers as a source of a State's expenditures for which Federal matching funds are available under the Medicaid program. Directs the Secretary of Health and Human Services to submit to specified congressional committees a report on: (1) regulations to limit the use of voluntary contributions and provider-specific taxes to obtain Federal financial participation; (2) specific types of voluntary contributions and provider-specific taxes that may be used as sources of a State's expenditures for which Federal financial participation is available; and (3) any legislation that the Secretary believes is appropriate. Sets forth budget compliance provisions.
United States · United States Congress · 29 October 1991
National Institute of Nursing Research Act - Amends the Public Health Service Act to redesignate the National Center for Nursing Research as the National Institute of Nursing Research. Includes the Institute in the list of national research institutes of the National Institutes of Health.
United States · United States Congress · 29 October 1991
Expresses the sense of the Senate that the President should: (1) communicate to the leadership of the Government of the People's Republic of China the concern of the Congress and the citizens of the United States for the rights of political prisoners; and (2) urge such Government to recognize the right of Dai Qing and all Chinese writers and journalists to free expression and travel.
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 · 24 October 1991
Insurance Competitive Pricing Act of 1991 - Amends the McCarran-Ferguson Act to eliminate the antitrust exemption applicable to the business of insurance where the conduct of an individual engaged in such business involves: (1) price fixing; (2) allocating with a competitor a geographical area in which, or persons to whom, insurance will be offered for sale; (3) unlawfully tying the sale or purchase of one type of insurance to that of another type, or of any other service or product; or (4) monopolizing, or attempting to monopolize, any part of such business. Retains such exemption for conduct involving the making of a contract, or engaging in a combination or conspiracy, to: (1) collect or disseminate historical loss data; (2) determine a loss development factor applicable to such data; or (3) perform actuarial services if such contract, combination, or conspiracy does not involve restraint of trade.
United States · United States Congress · 22 October 1991
Dropout Prevention Technical Correction Amendment of 1991 - Amends Federal law relating to impact aid to restore provisions for the Secretary of Education to make certain preliminary payments to local education agencies. (Such provisions were eliminated by the National Dropout Prevention Act of 1991, P.L. 102-103).
United States · United States Congress · 22 October 1991
Amends title XVIII (Medicare) of the Social Security Act to provide that: (1) in the case of an urban area with a wage index below the rural wage index applicable in the State, any decision rendered by the Medicare Geographical Classification Review Board or by the Secretary of Health and Human Services on an application by a hospital for a change in geographic classification may not result in a reduction of that urban area's wage index; and (2) no urban wage index in a State may be below the rural wage index applicable in the State.
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 the United States should continue to support the full protection of the African elephant through an unqualified listing of all populations of the African elephant on Appendix I of the Convention on International Trade in Endangered Species of Wild Flora and Fauna.
United States · United States Congress · 8 October 1991
Hispanic Access to Higher Education Act of 1991 - Title I: Early Intervention - Part A: Early Outreach Program - Amends the Higher Education Act of 1965 (HEA) to establish an integrated early outreach program. Directs the Secretary of Education (the Secretary) to make allotments to States on the basis of relative State population and relative number of students enrolled in institutions of higher education in each State. Requires States to use such allotments to make grants and contracts to specified types of entities for providing various educational services to develop the academic skills and self-confidence of program participants necessary for success in higher education. Requires that: (1) at least two-thirds of program participants be low-income, racial or ethnic minorities underrepresented in higher education who are first-generation college students; and (2) the remaining one-third of such participants be either low-income individuals or first-generation college students. Requires participants to have completed five years of elementary education, and be between ten and 19 years of age (unless such limitations would defeat program purposes). Requires annual program reports to include data on student academic progress, appropriate income measures, gender, English proficiency, and the racial and ethnic background of program participants and service providers. Authorizes appropriations. Part B: National Survey of Factors Associated with Participation - Directs the Secretary to conduct a biennial survey, through the National Center for Educational Statistics, of factors associated with participation of low-income and minority students in various types of postsecondary education. Sets forth requirements for development of such survey and types of data to be included. Part C: TRIO Programs - Revises provisions for special programs for students from disadvantaged backgrounds (TRIO programs). Directs the Secretary to reserve specified funds to provide assistance to current and new providers proposing programs that serve geographic areas or eligible populations which have been underserved by TRIO programs. Directs the Secretary to conduct outreach activities to ensure that entities eligible for TRIO programs assistance submit applications proposing such programs. Requires provision of assistance in developing applications and programs, as well as notice of the availability of such assistance. Directs the Secretary to ensure that readers of applications for TRIO program assistance represent diverse backgrounds reflecting the populations served by such program, including African Americans, Hispanic Americans, Native Americans, Asian Americans, Native American Pacific Islanders (including Native Hawaiians), individuals with disabilities, and individuals from rural areas. Requires the Secretary to ensure that each such application is read by at least three reviewers not employed by the Department of Education. Title II: Teacher Recruitment and Training - Part A: Loan Forgiveness for Teachers - Establishes a demonstration program of Stafford student loan forgiveness for any borrower employed as a full-time teacher: (1) in a school which qualifies under HEA for loan cancellation for Perkins student loan recipients who teach at such schools; and (2) of mathematics, science, foreign languages, special education, bilingual education, or any other field where the State educational agency determines there is a shortage of qualified teachers. Directs the Secretary to assume the obligation to repay the following percentages of Stafford loans incurred during the borrower's last two undergraduate years: (1) 15 percent for the first or second academic year in which the borrower is a full-time teacher; (2) 20 percent for the third or fourth such years of teaching; and (3) 30 percent for the fifth year. Sets forth a special rule authorizing such repayments with respect to Stafford loans for a maximum of two years in returning to an institution of higher education after graduation to obtain a teaching certificate. Part B: Teacher Corps - Authorizes the Secretary to make grants to State educational agencies (SEAs) to conduct Teacher Corps activities. Bases the amount of such grants on relative school-age population. Directs the Secretary to use funds for such program to: (1) disseminate information nationally about the availability of Teacher Corps scholarships to individuals leaving the armed services; and (2) conduct activities, with SEA cooperation, which foster communications and meetings, including training, of Teacher Corps members. Authorizes each SEA receiving such a grant to use such funds for: (1) grants to local educational agencies (LEAs) for induction and mentor programs; (2) in-service and mentoring programs for Teacher Corps members at State and local levels; (3) technical assistance to LEAs for Teacher Corps and induction programs; (4) evaluation of Teacher Corps membership applications and awarding Teacher Corps scholarships; (5) Teacher Corps awards to individuals in training to become a school psychologist, school social worker, or a school counselor; (6) ensuring that members understand repayment obligations resulting from noncomplaince with scholarship conditions; (7) assistance for employment placement of Teacher Corps members; and (8) collection of scholarship repayments. Requires SEAs to give priority in awarding grants to LEAs with the greatest proportion of disadvantaged students, including racial and ethnic minorities. Allows each SEA to choose to administer such program through a preexisting experienced panel. Authorizes LEAs receiving grants to use such funds for: (1) induction programs for new Teacher Corps members and other new teachers; and (2) ensuring that Teacher Corps members participate in an induction program for at least one year, including working with a mentor teacher designated by the LEA. Allows such induction programs to be developed in cooperation with institutions of higher education. Requires the SEA, in cooperation with the State higher education agency, to select Teacher Corps members. Requires the SEA-established criteria to include specified factors. Requires special consideration for individuals who intend to teach limited English-proficient students, preschool age children, or students with disabilities (or to provide related services to students with disabilities). Requires priority consideration for individuals from disadvantaged backgrounds, including racial and ethnic minorities and individuals with disabilities, who are underrepresented in the teaching profession or the curricular areas in which they are preparing to teach. Sets forth application requirements for Teacher Corps membership, SEAs, and LEAs. Provides for Teacher Corps scholarships. Limits individual eligibility to a maximum of three years of specified types of programs of study. Limits individual scholarship amount and duration. Requires that such scholarships be considered in determining eligibility for HEA student assistance. Requires that total assistance not exceed need. Provides for continued eligibility. Sets forth scholarship conditions, including agreement to work as a teacher, upon completion of education, for five years in a school which qualifies for Perkins student loan cancellation under HEA, or to repay all or part of the scholarship, plus interest, if scholarship conditions are not complied with. Requires SEAs receiving Teacher Corps assistance to: (1) publicize availability of and application procedures for Teacher Corps scholarships, particularly among specified types of students and individuals; and (2) recruit minority students to participate in the Teacher Corps program. Authorizes appropriations. Prohibits any such funds from being appropriated unless the amount appropriated to carry out the Paul Douglas Congressional Teacher Scholarships program under HEA equals or exceeds a specified amount. Part C: Teacher Opportunity Corps - Amends HEA to establish the Teacher Opportunity Corps (TOC) program, to encourage institutions of higher education to offer educational programs and financial assistance to enable paraprofessionals working in shortage area schools serving disadvantaged students to become certified teachers. Directs the Secretary to allocate TOC program grant funds to States according to the same formula under which States receive funding for education of disadvantaged children. Requires TOC grant program agreements to include provisions for administration and recordkeeping by the State education or higher education agency. Authorizes the Secretary to make grants to States to support TOC programs at institutions of higher education. Sets forth State grant application requirements and general criteria for State grants, including: (1) involvement of institutions of higher education and shortage area schools or school districts; (2) full creditability to a baccalaurate program leading to teacher certification; (3) a program evaluation system; and (4) appropriate credit for paraprofessional classroom experience as practice or student teaching. Requires any paraprofessional who receives student financial assistance under the TOC program to agree to act as a paraprofessional in a shortage area school for at least one year for each year of such assistance, within ten years after completing postsecondary education. Requires repayment of all or part of such assistance, plus interest and reasonable collection costs, if the recipient fails to comply with his or her service requirements, except in specified circumstances. Requires that such student financial assistance supplement, but not supplant, other Federal or State assistance for which the student would otherwise qualify. Requires TOC program grants to be for a term of at least five years, subject to availability of appropriations. Allows States to use TOC program funds for: (1) student financial assistance to paraprofessionals to pay part or all of the costs of attendance (including child care) in postsecondary education programs required for teacher certification; (2) supportive services for such paraprofessionals during participation in such programs; and (3) payment of wage costs of substitute paraprofessionals to afford employed paraprofessionals release-time to attend postsecondary classes required for teacher certification. Authorizes appropriations. Title III: Migrant Student Education - Part A: Amendments to the Higher Education Act of 1965 - Revises HEA special programs for students whose families are engaged in migrant and seasonal farmwork. Expands eligibility for the high school equivalency program and the college assistance migrant program to include certain persons who have participated in specified programs under the Elementary and Secondary Education Act of 1965 or the Job Training Partnership Act. Extends the grant period from three to five years. Extends the authorization of appropriations for the high school equivalency program and the college assistance migrant program. Part B: National Mini-Corps Program - Authorizes the Secretary to carry out a National Mini-Corps Program to: (1) provide certain migrant college students with training to help them serve as student or teacher role models, links to the community, and tutors and teachers of migrant children; (2) designate college coordinators at participating institutions to train, supervise, and assign migrant students in cooperation with the operating State agency in which migrant children with special needs have been identified; (3) provide academic assistance, home visits, parental involvement, parent-student advisement services, and family advocacy; (4) provide that the instructional services for migrant children are to be coordinated with the overall educational goals of the operating State agency; and (5) provide that migrant students participating in such programs work from ten to 15 hours per week and receive stipends for such services. Authorizes appropriations.
United States · United States Congress · 8 October 1991
Amends the Railroad Unemployment Insurance Act to provide temporary extended railroad unemployment insurance benefits, to railroad employees who have less than ten years of service, for periods of high national unemployment of six percent or greater. Provides for such extended benefits for up to 13 weeks, through July 4, 1992. Sets forth transition and reachback provisions.
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 · 3 October 1991
Prohibits the Secretary of Health and Human Services from taking any action to recover amounts that were paid by the United States under title XVIII (Medicare) of the Social Security Act to the hospitals in Boston, Massachusetts, Baltimore, Maryland, and Seattle, Washington, that, during the period from October 1, 1986, to December 31, 1989, were deemed to be facilities of the uniformed services under the Military Construction Authorization Act, 1982, for items or services provided during that period.
United States · United States Congress · 2 October 1991
Declares that the Congress recognizes and supports U.S. leadership in computer software development. Designates March 1992 as National Computing Education Month.
United States · United States Congress · 2 October 1991
Expresses the sense of the Congress that Members of Congress, agencies of the Federal Government, and all employers in the United States should: (1) support parent-teacher conferences; and (2) undertake measures to encourage working parents to use paid leave for the purpose of attending parent-teacher conferences.
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
High Skills, Competitive Workforce Act of 1991 - Title I: Findings and National Policy - Sets forth findings and purposes of this Act. Makes national policy declarations involving: (1) Federal encouragement of a voluntary system of educational and occupational standards of proficiency to be used in design and evaluation of worker training programs; (2) increased attention and resources to provide adequate educational resources to students of all backgrounds, school-to-work transition programs, and adult education and training; (3) techical assistance and diagnostic services for employers and labor unions to implement changes to high performance forms of work organization; (4) workforce training, education, and other activities emphasizing increasing education, skills, and direct authority and autonomy of front-line workers; (5) the Federal role as a guide and catalyst, providing incentives, establishing broad strategic goals, sponsoring research and pilot projects, disseminating information and knowledge, and simplifying and coordinating existing Federal resources; and (6) the private sector lead role and the involvement of business, labor, educational institutions, State and local governments, and community organizations. Sets forth nondiscrimination provisions and prohibitions against State use of funds under this Act to attract existing businesses to relocate from another State. Title II: Standards of Excellence in Education and Training - Establishes a National Board for Professional and Technical Standards (the National Board). Directs the National Board to establish advisory committees for each major industry and for major occupations that involve more than one industry. Requires the National Board: (1) by December 1, 1993, to have identified at least 20 occupational categories and developed recommendations for occupational standards, curricula, and certifications for such occupations; and (2) develop a program to ensure that standards, curricula, and certifications for all remaining identified occupational categories are completed by January 1, 2000. Requires that such developed occupational proficiency standards be applied so that their attainment is likely to meet requirements for transferable credit and enable students to continue their education. Requires that such developed occupational standards, curricula, and certification systems for an industry or occupation be made available for voluntary use by postsecondary education institutions offering professional and technical education, labor organizations, trade and technical associations, employers providing formalized training, and other organizations. Authorizes appropriations for the National Board and the industry committees and their development of professional and technical standards for occupational training. Amends the General Education Provisions Act (GEPA) to make a national declaration of policy with respect to encouraging and promoting research relative to internationally competitive standards in academic achievement. Includes among priority resource and development needs, for which the Office of Educational Research and Improvement is to concentrate its resources under GEPA: (1) research to develop a system of academic achievement and proficiency standards in specific subjects at appropriate age/grade levels; (2) research to develop curricula to facilitate academic achievement in specific subjects; and (3) development of multiple assessment tools, such as assessments of student performance, proficiency, projects, and portfolios of work in and across specific subject areas. Authorizes the Secretary of Education to award grants under GEPA for pilot projects to design, develop, and evaluate State or multi-State assessment systems for elementary, middle, and high school students, leading to an assessment system to assist both educators and policymakers to improve instruction and learning. Sets forth requirements for such pilot projects, including wide dissemination of evaluation findings. Authorizes appropriations. Amends the Higher Education Act of 1965 to add to requirements for student aid program participation agreements that the higher education institution certify that it will release to the public information (confirmed by independent audit) concerning each program it offers, including number of students enrolled, costs to students, characteristics of students participating, student completion rate, and other outcomes, including, where appropriate, job placement rate and employment status of graduates for the two years following program completion. Title III: School-to-Work Transition - Subtitle A: Career Preparation - Directs the Secretary of Labor, in consultation with the Secretary of Education, to award grants for career preparation demonstration programs (to the extent appropriations are available). Requires such career preparation programs to: (1) involve students in grades seven through ten who are prospective program participants, through career awareness and counseling programs; (2) give students in grades 11 and 12 the opportunity to voluntarily enter into such programs that integrate academic and workplace instruction leading to a high school diploma, community college degree, or occupational certificate of mastery; (3) if the program is for two years, require participants to receive in-school training in a high school, vocational educational institution, Youth Opportunity Center, or alternative State-approved institution; and (4) if the program is for three or four years, require in-school training for the first two years in a high school, vocational educational institution, or Youth Opportunity Center, and for the third or fourth years in a community college, technology college, vocational educational institution, or other State-approved institution. Requires maximum flexibility to be afforded to participants to transfer from career preparation to a conventional academic program or from one field to another. Requires coordination with the Regional Employment and Training Board. Directs the Secretary of Labor to designate a wide variety of occupations for such grants, but prohibits such awards for occupations with existing registered apprenticeship programs. Sets forth requirements for eligible entities, applications, and regional distribution. Requires priority consideration for applications approved by the appropriate Regional Employment and Training Board that include specified assurances. Directs the Secretary of Labor, by January 15, 1996, to: (1) conduct a comprehensive evaluation of such career preparation demonstration program; and (2) report, with recommendations, to specified congressional committees. Authorizes appropriations. Directs the Secretary of Education, in consultation with the Secretary of Labor and the Director of the National Science Foundation, to make grants, contracts, and cooperative agreements for career information materials, including videos and software. Requires such materials to be designed to convey to students in grades seven through 12 an awareness and realistic understanding of a wide variety of career options, utilizing advanced educational technologies. Sets forth requirements for eligible entities and applications. Requires the Secretary of Education to provide such developed career information materials to all States and encourage their use in programs in all school districts. Requires career awareness programs to also include work site trips, career days, workshops, and demonstrations. Authorizes appropriations. Subtitle B: Community Youth Employment Compacts - Directs the Secretary of Labor, in consultation with the Secretary of Education, to award incentive grants to establish collaborative public-private Community Youth Employment Compacts (to the extent appropriations are available). Requires such Compacts to: (1) organize the community's youth labor market; and (2) provide youth who are attending high school or alternative education programs with job coaching services and access to private sector work experience and jobs upon graduation. Requires promulgation of program guidelines and criteria for equitable distribution of grants. Sets forth requirements for eligible entities, applications, uses of grants, individual participants, and State and local contributions. Authorizes appropriations. Subtitle C: Youth Opportunity Centers - Directs the Secretary of Labor, in consultation with the Secretary of Education, to award grants to States to provide incentives to local communities to establish Youth Opportunity Centers (to the extent appropriations are available). Requires such Centers to provide comprehensive alternative education and school-to-work transition services to high school dropouts under age 21. Requires promulgation of guidelines for such Centers and criteria for equitable distribution of grants. Sets forth requirements for State applications, uses of grants, eligible entities, individual participants, services to participants, contracts for provision of services, and administrative procedures. Allows waivers of certain other Federal program requirements, under specified conditions. Authorizes appropriations. Title IV: High Performance Work Organization - Directs the Secretary of Labor to award grants for encouraging adoption and utilization of high performance forms of work organization to stimulate high productivity and quality (to the extent appropriations are available). Sets forth requirements for eligible entities, use of grants, grant terms and non-Federal share. Requires priority consideration for applications emphasizing small businesses and involving State economic development agencies and employer, trade, or industry associations. Authorizes appropriations. Title V: High Skills Training Consortia - High Skills Training Consortium Act of 1991 - Authorizes the Secretary of Labor to: (1) make planning grants to companies or trade associations to plan for establishment of high skills training consortia of companies operating within the same industry or utilizing similar technologies; and (2) pay up to 50 percent of start-up grants to such newly established consortia to pay their initial organization costs. Requires priority consideration for consortia which: (1) emphasize training for participation in high performance work organization; (2) include employees and their representatives in design and implementation of training programs; (3) encourage membership of firms that are not technologically advanced; and (4) provide incentives for participation by small businesses. Sets forth requirements for consortia, programs, and shared investment in training. Sets forth provisions relating to application of antitrust laws, antitrust limitation on recovery, and antitrust attorney's fees. Sets forth requirements for high skills training consortia disclosure to the Attorney General and the Federal Trade Commission. Authorizes appropriations. Title VI: State and Regional Employment and Training Systems - Authorizes the Secretary of Labor to award start-up grants to States to establish statewide systems to provide coordinated employment and training services. Sets forth requirements for applications and uses of funds. Requires a State to use grant funds for specified activities, and also for establishing regional employment and training boards to coordinate delivery of all employment and training services in regional labor market areas (including services delivered through Youth Opportunity Centers, provision of labor market information, job placement services, job counseling, and skill training). Sets forth requirements for composition of such boards, strategic plans, board review and approval of applications for grants and loans from a High Skills Training Trust Fund, and annual independent evaluation of board activities. Authorizes appropriations. Directs the Comptroller General to conduct a study of all Federal employment and training programs, including a specified inventory and determination; and (2) report with recommendations to the appropriate congressional committees, by January 1, 1993.
United States · United States Congress · 30 September 1991
Amends the Immigration and Nationality Act with respect to the admission of "O" and "P" nonimmigrants (aliens of extraordinary ability, entertainers, and athletes). Repeals the numerical limitation on "P" nonimmigrants. Requires the Comptroller General to report to specified congressional committees with regard to the use of "O" and "P" visas, their impact on U.S. labor, and restrictions upon U.S. citizens seeking such employment abroad. Revises "P-1" visa standards. Defines "extraordinary ability" as "distinction" for "O" visa purposes. Repeals the three-month out of country requirement for "P-2" and "P-3" visas. Makes employers liable for the return transportation costs of dismissed "O" and "P" aliens. Treats fashion modeling as a specialty occupation for nonimmigrant admissions purposes.
United States · United States Congress · 24 September 1991
Requires the President to approve any application for a license to authorize the receipt and transmission of direct telephonic communications between the United States and Vietnam.
United States · United States Congress · 20 September 1991
Employer Sanctions Repeal Act of 1991 - Repeals specified provisions of the Immigration and Nationality Act, the Immigration Reform and Control Act of 1986 (IRCA), and the United States Code relating to the unlawful employment of aliens. Repeals specified provisions of the Immigration and Nationality Act and IRCA relating to unfair immigration-related employment practices. Continues the duties of the Special Counsel for Immigration-Related Unfair Employment Practices regarding unfair immigration-related employment practices for one year after enactment of this Act, such duties thereafter to be assumed by the Civil Rights Division of the Department of Justice. Increases FY 1992 Border Patrol funding and personnel levels. Provides Border Patrol personnel training with respect to the rights and varied cultural backgrounds of aliens and citizens. Requires the Attorney General, in developing such training, to consult with organizations familiar with the varied cultural backgrounds of, or which have experience providing services to, such aliens and citizens. Authorizes appropriations. Increases FY 1992 personnel levels for: (1) the Wage and Hour Division within the Employment Standards Administration of the Department of Labor; (2) the Assistant United States Attorneys employed by the Department of Justice; and (3) the anti-smuggling program of the Immigration and Naturalization Service. Amends the Immigration and Nationality Act to increase penalties for bringing in or harboring certain aliens. Expresses the sense of the Congress that the Attorney General should initiate discussions with Mexico and Canada with regard to the smuggling of aliens into the United States. Authorizes appropriations.
United States · United States Congress · 20 September 1991
Early Childhood Staff Training and Professional Enhancement Grants Act - Amends title V (Educator Recruitment, Retention, and Development) of the Higher Education Act of 1965 to add a new part F, Early Childhood Teacher Training and Professional Enhancement. Authorizes the Secretary of Education (the Secretary) to award grants to States, on a competitive basis and for a period of five years, to pay the costs of activities described in State plans for professional preparation and continued in-service career training for early childhood development and care staff. Provides that such training is to: (1) ensure the existence of sufficient numbers of well-trained early childhood development and care staff to promote the national education goal that all children start school ready to learn; (2) be for such staff who work with children from birth through preschool, with an emphasis on infants and toddlers and children with special needs; and (3) create and implement effective, coordinated models of training corresponding with a career ladder based on a progression of staff roles. Requires State designation of an appropriate lead agency to administer the program and coordinate it with other appropriate programs. Requires State establishment of an Advisory Committee to develop the State plan. Requires such Committee to consist of representatives from specified entities. Requires each State desiring a grant under this Act to submit, through its lead agency, a State plan to the Secretary. Sets forth required contents of such plans. Directs the Secretary to consult with the Secretary of Health and Human Services (HHS) regarding the contents of such plans. Directs the Secretary to provide for continuing evaluation of activities assisted under this Act. Requires each State receiving a grant under this Act to: (1) evaluate such assisted activities; (2) submit an interim evaluation and a final report to the Secretary; and (3) prepare and submit any other information requested by the Secretary to carry out the Secretary's evaluation. Directs the Secretary, in consultation with the Secretary of HHS, to submit a report assessing such State and national evaluations to the appropriate congressional committees, each State agency administering funds under the Child Care Development Block Grant Act, and each State educational agency. Authorizes appropriations for FY 1993 through 1997.
United States · United States Congress · 19 September 1991
Public Health Clinic Prudent Pharmaceutical Purchasing Act - Amends title XXI (Vaccines and Certain Drug Purchases) of the Public Health Service Act to provide for rebates from drug manufacturers to entities receiving financial assistance under the Act in an amount determined under a specified formula. Defines "drug" to include a drug as defined under the Social Security Act and any over-the-counter drug or birth control device. Prohibits reducing grants to such entities as a result of the rebates. Prohibits such an entity from reselling a drug or biological for which it has received a rebate.
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 · 17 September 1991
Emergency Unemployment Compensation Act of 1991 - 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. Authorizes a State Governor, in a period of a seven or eight percent total unemployment rate in that State (as defined under this Act), to elect to trigger off an extended compensation period to provide emergency unemployment compensation to individuals who have exhausted their rights to regular compensation under State law. 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) 20 for an eight-percent period, i.e. one triggered by a total unemployment rate (TUR) of eight percent or more in the State, seasonally adjusted, for the most recent six calendar months with available data; (2) 13 for a seven-percent period; (3) seven for a six-percent period; and (4) four 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 of at least 13 weeks. 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 6, 1991, or the first week following the week in which an agreement under this Act is entered into; or (2) after July 4, 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. Sets forth provisions relating to fraud and overpayments. Defines the eligible period under this Act. Provides that in no event shall an individual's period of eligibility include any weeks after the 39th week after the end of the benefit year for which the individual exhausted rights to regular compensation or extended compensation. 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 of such payment. Amends the Social Security Act to establish an Advisory Council on Unemployment Compensation. Directs the Secretary to establish such a council by February 1, 1992, and every fourth year thereafter. Requires each such council to evaluate the unemployment compensation program. Sets forth membership and staff provisions. Requires each council to report to the President and the Congress by Feburuary 1 of the second year following the year in which it is required to be established. Requires the first Council report to include findings and recommendations on determining eligibility for extended unemployment benefits on the basis of unemployment statistics for regions, States, or subdivisions of States. Designates as emergency requirements, pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act), all direct spending amounts provided, and all appropriations authorized by this Act (for all fiscal years). Provides that this Act shall not take effect unless, by its enactment date, the President submits to the Congress a written designation of all such direct spending amounts and authorized appropriations as such emergency requirements.
United States · United States Congress · 12 September 1991
Establishes a Commission on the Bicentennial of the United States' Democratic Party (Commission) to coordinate ceremonial events and related activities during the calendar year of 1992. Directs the Commission to report on its activities to the Speaker of the House of Representatives and the President Pro Tempore of the Senate at the time of its termination on February 13, 1993.
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.
United States · United States Congress · 10 September 1991
Fair Housing Rights Amendments Act of 1991 - Amends the Civil Rights Act of 1968 to increase the penalties for violating the fair housing provisions of such Act. Sets forth specific penalties for fair housing violations that result in property damage exceeding $100, involve the use or attempted use of fire, or are committed with the use of, or while the perpetrator is carrying, a firearm.
United States · United States Congress · 10 September 1991
National Fallen Firefighters Foundation Act - Establishes the National Fallen Firefighters' Foundation. Declares that the Foundation is: (1) a charitable and nonprofit corporation to be organized under the laws of the State of Maryland; and (2) not an agency or establishment of the United States. Provides that the Foundation is to: (1) primarily encourage, accept, and administer private gifts of property for the benefit of the National Fallen Firefighters' Memorial and its annual memorial service; (2) provide financial assistance to the families of firefighers who die in the line of duty; and (3) assist in the recognition of such firefighters. Sets forth provisions for establishment and membership of a Board of Directors of the Foundation. Makes the Administator of the U.S. Fire Administration of the Federal Emergency Management Agency an ex officio nonvoting member of the Board, who shall appoint Directors of the Board. Sets forth rights and obligations of the Foundation, including having its principal offices in the State of Maryland. Authorizes the Administrator to: (1) provide, and accept reimbursements for, personnel, facilities, and other administrative services to the Foundation; and (2) accept the services of the Foundation, the Board, and the Board's officers and employees as volunteers in performing functions authorized under this Act. Sets forth requirements relating to audits and annual reports. Provides for relief for certain Foundation acts or failures to act. Provides that the United States is not liable for any debts, defaults, acts, or omissions of the Foundation. Authorizes appropriations.
United States · United States Congress · 2 August 1991
Amends the Davis-Bacon Act (the Act) to apply it to any contract (relating to public buildings or public works of the United States or the District of Columbia or buildings or works financed in whole or part by Federal loans, grants, or loan guarantees, with specified exceptions) in excess of $100,000 for new construction (including painting and decorating) or in excess of $15,000 for alteration, repair, renovation, rehabilitation, demolition, or reconstruction (including painting and decorating). Provides that State, local, or tribal government requirements for wages or fringe benefits applied to such contracts for federally-assisted construction or repair of buildings or works shall not be preempted by the Act unless there is a conflict in compliance with both. Provides that an individual shall be considered a laborer or mechanic if the contractor or subcontractor paid the individual, directly or through a subcontract, for such services performed to carry out the contract. Prohibits the use of multiple contracts to avoid application of the Act. Requires that any two or more contracts shall be treated as a single contract if they: (1) individually do not exceed the minimum amount necessary for the Act to apply; (2) in the aggregate do exceed such amount; and (3) all relate to the same work or related work at the same site. Permits any interested person to seek relief from violations of such provision in U.S. district court. Applies the Act also to contracts for the lease of a facility if construction, alteration, repair, renovation, rehabilitation, or reconstruction is required for a contract's fulfillment. Defines the terms "apprentice," "trainee," and "helper." Prescribes circumstances under which such persons may be paid less than the required wage rate under the Act. Requires the contractor or subcontractor to post the scale of wages required to be paid under such contract in a prominent and easily accessible place at the contract worksite. Provides that the wages required to be paid under the Act shall be the wages determined by the Secretary of Labor (the Secretary) prevailing within three years of the date the contract was entered into. Provides that, if the Secretary has not made a prevailing wage determination within such three-year limitation, the prevailing wage shall be the highest wage prevailing in a comparable area in the State in which the contract is performed. Directs the Secretary, in making a prevailing wage determination, to consider the wages paid for all projects (regardless of the source of funding) of the same character in the area under contracts for amounts not less than the minimum amounts necessary for the Act to apply. Provides that a contractor or subcontractor may only include contributions and costs relating to employee fringe benefits, as part of their prevailing wage payment, in an amount not exceeding the aggregate of such contributions and costs prevailing in the area. Authorizes the Secretary to investigate and secure compliance with requirements of the Act. Allows any interested person to petition the Administrator of the Wage and Hour Division of the Department of Labor (the Administrator, whose decision is reviewable by the Secretary of Labor) to review the determination of a Secretary of a department or an agency head that a contract entered into is not subject to the Act. Provides for judicial review of such coverage determinations. Permits any laborer, mechanic, or any interested person to file an administrative complaint with the Administrator to review the wage payments received to determine if they have been made in accordance with the Secretary's prevailing wage determination. Sets forth procedures for such wage review. Provides that the determination of the Administrator, an administrative law judge, or the Secretary on a petition for review of the wage payments may include the award of damages to the petitioner in the amount of twice the amount of wages not paid in accordance with the prevailing wage determination, if it is found that the petitioner was willfully not paid the required wages. Requires the defendant in such cases to pay a reasonable attorney's fee and the cost of the action. Requires the Secretary, upon a determination of the Administrator or the administrative law judge that the petitioner is likely to succeed on the merits of the claim, to direct the Secretary of the department, or the head of the agency, or the contracting authority which entered the contract, to withhold payments to contractors or subcontractors in amounts necessary to satisfy their liabilities for unpaid wages and liquidated damages. Requires the Secretary (currently the Comptroller General) to pay directly to laborers and mechanics from any accrued payments withheld under the contract any wages found by the Secretary to be due. Directs the Secretary to distribute to all departments of the Government a list of the names of persons or firms who: (1) are found to have disregarded their obligations to employees and subcontractors; and (2) are debarred from Federal contracts for a specified time. (Removes the Comptroller General from such debarment process.) Directs the Secretary to bring an action against contractors and their sureties for payment of unpaid wages, if the accrued payments withheld are insufficient to reimburse all employees. Provides that it shall be no defense in such an action that such employees accepted or agreed to accept less than the required rate of wages or voluntarily made refunds. Makes any employer who violates the required wage rate provisions of the Act liable to each affected employee in the amount of unpaid wages and, if the violation was willful, in an additional equal amount as liquidated damages. Allows an action to recover such liability to be maintained against any employer in any Federal or State court of competent jurisdiction by any interested party, or by any employee on behalf of affected employees and other employees similarly situated. Prohibits any employee from being a party plaintiff to such an action unless the employee gives consent in writing to become a party and the consent is filed in the court in which the action is brought. Prohibits employees from bringing such a civil action with respect to their wages if they file a petition for review. Directs the court, in addition to any judgment awarded to the plaintiff or plaintiffs, to allow a reasonable attorney's fee and the cost of the action to be paid by the defendant. Requires that contracts subject to the Act contain a provision allowing the Government to terminate the contract if less than the required wage rate has been or is being paid. Makes the contractor and its sureties liable for any excess costs incurred by the Government because of such termination. Directs the Secretary to: (1) enforce the Act; and (2) promulgate standards and procedures to be observed by contracting officers. Amends the Copeland Anti-Kickback Act (which provides for the Secretary of Labor to make reasonable regulations for contractors and subcontractors in the construction or repair of public buildings or public works or buildings or works financed in whole or part by Federal loans or grants) to require such employers to report certain payroll information on a monthly (rather than a weekly) basis. Requires such information to include specified items (including rates of contributions or costs anticipated for bona fide fringe benefits). Requires such employers to maintain payroll and other related basic records for three years after completion of such work. Permits any interested person to obtain from any Federal department or agency a copy of any such payroll statement which has been filed by the contractor or subcontractor with the department or agency under such Act. Directs the Secretary of Labor to: (1) study the feasibility of employers using electronic methods to comply with reporting requirements under such Act; and (2) report to the Congress within one year on actions taken by the Secretary and employers to facilitate electronic reporting of payroll information.
United States · United States Congress · 2 August 1991
Medicaid Substance Abuse Treatment Act of 1991 - Amends title XIX (Medicaid) of the Social Security Act to provide federally reimbursed Medicaid coverage of alcoholism and drug dependency residential treatment services for pregnant women whose family income is below 185 percent of the Federal poverty level and for their Medicaid-eligible children and spouses. Lists the required services included in such coverage as: (1) individual, group, and family counseling and addiction education and treatment provided pursuant to individualized treatment plans; (2) room and board in a structured environment with on-site supervision 24 hours a day; (3) therapeutic child care or counseling for children of individuals in treatment; (4) parental assistance in obtaining developmental assistance for their preschool children and public education for themselves and their school-age children; (5) easier access to prenatal, postpartum, pediatric, and other appropriate health, social, and child care services; (6) planning and assistance in reentering society; and (7) continuing specialized training of residential treatment facility staff members in the most recent and effective treatment techniques. Requires that such coverage continue for at least 12 months, except that the coverage of pregnant women must continue for one year following the end of pregnancy. Limits the size of a residential treatment facility to no more than 40 beds beginning in calendar year 1994. Allows a State agency to grant exceptions to such limit for one or more facilities subject to review by the Secretary of Health and Human Services. Prescribes the conditions for granting such exceptions. Caps the number of nationwide beds for which Federal assistance may be provided under such residential treatment programs. Increases such annual bed cap from 1,080 to 6,000 beds nationwide for calendar years 1992 through 1996. Addresses treatment needs of pregnant addicted Indian and Alaska Native women in the Indian Health Service areas by: (1) allocating additional beds nationwide for such areas; (2) providing 100 percent Federal matching funds to States to create residential treatment programs in such areas; and (3) requiring the Secretary to conduct training in such areas for appropriate parties regarding the availability and nature of residential treatment services in such areas under this Act.
United States · United States Congress · 2 August 1991
Amends the Internal Revenue Code and title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to revise the employment tax treatment of certain crew members on fishing vessels with a crew of ten or fewer individuals.
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 · 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
Audio Home Recording Act of 1991 - Amends Federal copyright law to: (1) set forth definitions relating to digital audio recording devices and media; and (2) prohibit certain copyright infringement actions based on the manufacture, importation, or distribution of a digital or analog audio recording device or medium, or the use of such device or medium for making phonorecords, except when done for commercial advantage. Sets forth a mandatory recordation and filing procedure for the importation, manufacture, or distribution in the United States of digital audio recording devices or media. Requires importers and manufacturers to file quarterly and annual statements of account with the Register of Copyrights (the Register). Mandates Register verification of such statements. Sets forth verification guidelines. States that verification audit costs shall be borne by interested copyright parties. Sets forth confidentiality guidelines with respect to such mandatory statements of accounts. Prescribes royalty payment guidelines for digital audio recording devices and media imported, manufactured, or distributed in the United States. Requires that royalty payments be deposited into the Treasury. Identifies interested copyright parties entitled to royalty payments. Prescribes royalty payment allocation and distribution procedures. Permits alternative royalty collection and distribution arrangements to be negotiated among interested copyright and manufacturing parties. Maintains the Copyright Tribunal jurisdiction over such negotiated arrangements insofar as nonparticipant interests are affected. Prohibits: (1) the importation, manufacture, and distribution of any digital audio recording device or audio interface device that does not conform to certain standards and specifications to implement the Serial Copy Management System; and (2) the circumvention of such System. Directs the Secretary of Commerce to publish in the Federal Register a certain Technical Reference Document which sets forth the standards and specifications pertinent to the Serial Copy Management System. Authorizes the Secretary to implement such System according to the prescribed guidelines. Sets forth civil remedies for violations of this Act, including impoundment, remedial modification and destruction of non-complying devices, and binding arbitration.
United States · United States Congress · 1 August 1991
Immigration Technical Corrections Act of 1991 - Amends the Immigration and Nationality Act, as amended by the Immigration Act of 1990 and the Immigration Reform and Control Act of 1986, to make technical and transitional changes.
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 · 30 July 1991
Terry Beirn Community Based AIDS Research Initiative Act of 1991 - Declares that it is the sense of the Congress that the community-based clinical trials program should be renamed as the Terry Beirn Community-Based AIDS Research Initiative. Amends the Public Health Service Act to require clinical trials under the Initiative to be designed to encourage existing consortia of primary care providers to participate. Authorizes appropriations.
United States · United States Congress · 30 July 1991
National Commission on Libraries and Information Science Act Amendments of 1991 - Amends the National Commission on Libraries and Information Science Act to revise provisions relating to the powers and functions of the National Commission on Libraries and Information Science (the Commission). Repeals a requirement that the Secretary of Education provide the Commission with administrative services in return for advance payment or reimbursement from Commission funds. Revises provisions relating to contributions to the Commission. Authorizes the Commission to accept, hold, administer, and use gifts, bequests, and devises, and devises of property, both real and personal, to aid or facilitate its work. Requires that money and sales proceeds of other property received as such gifts, bequests, or devises be deposited in the Treasury and available for disbursement upon the Commission's order. Revises the Commission's functions to include activities relating to international (as well as national) communications and cooperative networks. Provides that a majority of Commission members shall constitute a quorum for conduct of business at its official meetings. Revises provisions for the terms of office of Commission members. Authorizes appropriations to carry out such Act for FY 1992 and succeeding fiscal years.
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