United States · United States Congress · 23 July 1991
Expresses the sense of the House of Representatives that the people of the United States should recognize: (1) the tenth anniversary of "An Artistic Discovery" (the Congressional High School Art Competition); and (2) its success in encouraging the creative endeavors of our Nation's young artists and forging strong working relationships among the Congress, businesses, and the arts community towards the ultimate goal of providing opportunities for high school students to express their artistic talents.
United States · United States Congress · 22 July 1991
Petroleum Marketing Competition Enhancement Act - Amends the Petroleum Marketing Practices Act to prohibit a refiner from: (1) selling motor fuel to a customer for resale (customer) at a price higher than the refiner's adjusted retail price for the same or a similar grade or quality of motor fuel sold from a direct operated outlet in the same geographic area (sale of fuel at higher prices); and (2) entering into a scheme or agreement to set, change, or maintain maximum retail prices of motor fuel, except with respect to a refiner's retail sales at its direct operated outlets. Requires that: (1) in comparing a refiner's adjusted retail price to a refiner's price to other customers, adjustments be made to account for differences in freight, taxes, and inspection fees, whether or not the items are separately listed as part of the price; and (2) if a refiner includes consumer credit as part of its price, an adjustment for the cost of such credit be made in comparing the prices. Sets forth enforcement provisions, including: (1) proceedings by the Attorney General (establishes fines ranging from $5,000 to $25,000 for each violation, and authorizes civil actions and equitable relief); (2) private civil actions, including class actions, (and establishes a right to jury trial); and (3) proceedings by State attorneys general. Allows a person bringing an action to enforce provisions concerning the sale of fuel at higher prices to establish a prima facie case by showing that the refiner has sold motor fuel to a customer at a price that is higher than: (1) 94 percent of its consumer retail price per gallon (or, in the event of a sale to a branded wholesaler, 90 percent); or (2) the refiner's consumer retail price per gallon less the most recently available average retail operating expenses per gallon (and, in the event of a sale by a refiner to a branded wholesaler, also less the most recently available average wholesale operating expenses per gallon for the State in which the consumer retail price was charged). Specifies that: (1) in the event that the relevant State has not conducted an annual survey (pursuant to this Act) to determine the average retail or average wholesale operating expenses, the average operating expenses for the retail and wholesale petroleum industry, as determined by the Secretary of Energy, shall be used; and (2) such prima facie case may be overcome by a preponderance of evidence that the refiner's actual retail and average wholesale operating expenses, if applicable, are less than the evidence presented by the plaintiff to establish such prima facie case. Directs the Secretary to conduct an annual survey to determine the average retail and average wholesale operating expenses per gallon for the petroleum industry. Permits a State or State agency to authorize an annual State survey to reflect local conditions with respect to motor fuels sold to the public in that State. Directs that any such survey regarding: (1) retail operating expenses and actual wholesale operating expenses be based upon all direct and indirect expenses attributable to the sale of a gallon of motor fuel to the public by direct and nondirect operated outlets; and (2) wholesale operating expenses be based on all direct and indirect expenses attributable to the wholesale sale of a gallon of motor fuel by a refiner or a branded wholesaler to a branded dealer.
United States · United States Congress · 18 July 1991
Rural Crime and Drug Control Act of 1991 - Title I: Fighting Drug Trafficking in Rural Areas - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize appropriations, and increase the base allocation, for rural drug enforcement assistance. Directs the Attorney General to establish a Rural Drug Enforcement Task Force in each of the Federal judicial districts which encompass significant rural lands. Specifies the membership of such task forces. Directs the Attorney General to cross-designate up to 100 Federal officers with jurisdiction to enforce Controlled Substances Act (CSA) provisions on non-Federal lands to the extent necessary to effect the purposes of this title. Requires the Director of the Federal Law Enforcement Training Center to develop a specialized course of instruction devoted to training law enforcement officers from rural agencies in the investigation of drug trafficking and related crimes. Authorizes appropriations. Title II: Federal Law Enforcement Agencies - Authorizes appropriations for the Drug Enforcement Administration (DEA) to hire, equip, and train not less than 350 agents and necessary support personnel to expand DEA investigations and operations against drug trafficking organizations in rural areas. Title III: Increasing Penalties for Certain Drug Trafficking Offenses - Ice Enforcement Act of 1991 - Amends the CSA to increase penalties for specified offenses involving crystalline methamphetamine. Title IV: Rural Drug Treatment - Amends the Public Health Service Act (PHSA) to require the Secretary of Health and Human Services to establish a program to provide grants to hospitals, community health centers, and other appropriate entities that serve nonmetropolitan areas to assist in developing and implementing projects that provide, or expand the availability of, substance abuse treatment services. Authorizes appropriations. Title V: Rural Drug Prevention - Directs the Secretary to make grants to public and nonprofit private entities that serve nonmetropolitan areas to assist such entities in developing and implementing projects that provide, or expand the availability of, substance abuse prevention services. Authorizes appropriations. Requires the alcohol and drug abuse information clearinghouse required to be established under the PHSA to: (1) gather information pertaining to rural drug abuse treatment and education projects funded by the Administrator of the Alcohol, Drug Abuse, and Mental Health Administration and other such projects operating throughout the United States; and (2) disseminate information to rural hospitals, community health centers, community mental health centers, treatment facilities, community organizations. and other interested individuals. Title VI: Rural Land Recovery Act - Specifies that each of the Rural Drug Enforcement Task Forces shall include one Director of Rural Land Recovery. Directs State and Federal prosecutors, when bringing charges against the operators of such laboratories, to include, in addition to drug-related charges, counts involving infringements of applicable environmental protection laws, including illegal disposal of hazardous waste and knowing endangerment of the environment. Authorizes such prosecutors and private citizens to bring suit against the operators of such laboratories for environmental and health-related damages caused by the operators in their manufacture of illicit substances.
United States · United States Congress · 11 July 1991
Expresses the sense of the House of Representatives that the President should establish a bipartisan commission to investigate the operation of and complaints regarding, the U.S. Postal Service.
United States · United States Congress · 9 July 1991
Amends Federal law (relating to making surplus U.S. vessels available for humanitarian services to peoples of developing countries) to designate two specified vessels as humanitarian service candidates and to transfer them to the National Defense Reserve Fleet, removing from such designation two other specified vessels. Extends to October 22, 1996, the expiration date of the law being amended.
United States · United States Congress · 9 July 1991
Expresses the sense of the Congress that the United States should: (1) promote the maximum conservation and protection of whale, dolphin, and porpoise populations; (2) work to strengthen and maintain the current International Whaling Commission moratorium on the commercial killing of whales; (3) work to strengthen the Commission by reaffirming its competence to regulate whaling on all species of cetaceans and take actions to assure global protection for small cetaceans; and (4) in promoting protection, make use of diplomatic channels, domestic and international law, and all other means.
United States · United States Congress · 26 June 1991
Constitutional Amendment - Requires the Congress and the President, prior to each fiscal year, to agree on an estimate of total receipts (except those derived from borrowing) for that fiscal year by enactment of a law devoted solely to that subject. Prohibits outlays for that year (except those for repayment of debt principal) from exceeding this amount unless the Congress, by a three-fifths roll call vote of each House, authorizes a specific excess of outlays over receipts. Requires a three-fifths roll call vote of each House to increase the public debt. Directs the President to submit a balanced budget to the Congress. Requires the approval of a majority of the total membership of each House by roll call vote before any bill to increase revenue may become law. Waives these provisions when a declaration of war is in effect. Makes this article effective beginning with FY 1995 or with the second fiscal year after its ratification, whichever is later.
United States · United States Congress · 25 June 1991
Amends the Internal Revenue Code and the Social Security Act to exclude from the social security tax on self-employment income amounts received by a former insurance salesman after retirement if: (1) such amounts are deferred or renewal commissions on policies sold before retirement; and (2) such salesman was not an employee for tax purposes.
United States · United States Congress · 19 June 1991
Medicare Physician Regulatory Relief Amendments of 1991 - Amends title XVIII (Medicare) of the Social Security Act to: (1) prohibit the denial of physician claims because of patient failure to complete Medicare secondary payer questionnaires; (2) prohibit carriers from using extrapolation to recover the amounts they reimbursed physicians for claims for which Medicare disallows payment, if the physician requests that each such claim be individually identified; (3) prohibit the imposition of specified user fees on physicians; (4) require consideration of physician comments in annual carrier performance reviews; (5) allow individuals (including physicians) to file administrative appeals when they have suffered damages as a result of the failure of a carrier to carry out Medicare policies; and (6) require review of medical necessity denials by physicians in the same medical specialty as the physician providing the service. Amends the Medicare and Medicaid (title XIX of the Social Security Act) programs to permit the reimbursement of a patient's regular physician for services provided by another physician who covers for the regular physician under contractual arrangements. Amends title XI of the Social Security Act to repeal the peer review requirement for certain surgical procedures.
United States · United States Congress · 18 June 1991
James Madison-Bill of Rights Commemorative Coin Act - Directs the Secretary of the Treasury (the Secretary) to mint and issue five-dollar gold coins emblematic of the Bill of Rights, and 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 shall 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.
United States · United States Congress · 18 June 1991
Authorizes the President, on behalf of the Congress, to present to the Secretary of Defense, Richard B. Cheney, a gold medal in recognition of his exemplary performance as a leader in coordinating the planning, strategy, and execution of combat action by U.S. armed forces which led to the liberation of Kuwait. Authorizes appropriations. Authorizes the Secretary of the Treasury to provide for the sale of bronze duplicates of the medal.
United States · United States Congress · 6 June 1991
Federal Aid Surface Transportation Act of 1991 - Title I: Federal-Aid Highway Act of 1991 - Federal-Aid Highway Act of 1991 - Authorizes appropriations out of the Highway Account of the Highway Trust Fund (HTF) for: (1) the National Highway and Bridge System; (2) the Urban and Rural Highway and Bridge Program; (3) emergency relief; (4) the Federal Lands Highway Program; (5) the University Transportation Centers Program; (6) the Right-of-Way Revolving Fund; and (7) the Territorial Highway Program. Specifies that unobligated balances of funds apportioned or allocated to a State under Federal highway provisions before October 1, 1991, shall be available for obligation in such State under the law, regulations, policies, and procedures relating to the obligation and expenditure of those funds in effect on September 30, 1991. Repeals the FY 1993 authorization under the Federal-Aid Highway Act of 1956. Authorizes appropriations for Interstate construction to complete the Interstate System out of the Highway Account of the HTF for each of FY 1992 through 1995. Provides for certain allocations for Massachusetts for such fiscal years. Sets forth a formula for the apportionment of authorized funds for such fiscal years among the States. Authorizes appropriations out of the Highway Account of the HTF for highway projects for the Interstate Substitution Program. Sets forth provisions with respect to obligation ceilings for Federal-aid highway programs, distribution of and limitations on obligation authority, and redistribution of unused obligation authority. Declares that national resources should be focused upon preserving the nation's investment in its Interstate systems, that broad national defense, economic, safety, and international policy goals are advanced by efficient transportation systems, that national transportation investments should increasingly encourage domestic and international commerce and trade, and that, based on congressionally established national transportation policy and objectives, a new Federal high priority highway network should be designated. Establishes the National Highway and Bridge System, to consist of all currently designated Interstate highways, an appropriate portion of the rural and urban principal arterial routes, including toll facilities, and national defense highways, and routes which meet specified criteria (including nationally significant truck routes, routes that provide nationally significant commodities with access to markets, access points to significant national parks, facilities that will provide logical connection between major population centers and the National Highway and Bridge System, and major urban corridors). Specifies that the National Highway System shall be based on a functional reclassification of roads and streets in each State which shall be designated not later than September 30, 1993, in accordance with guidelines issued by the Secretary of Transportation, and that the Secretary may add segments to the National Highway System as necessary to meet National Highway Program objectives. Directs the Secretary to establish criteria for reviewing projects to be funded as part of the National Highway and Bridge System which: (1) define eligible projects to include rehabilitation, resurfacing, restoration, capacity expansion, operational improvement, safety, and new highway construction; (2) ensure as a first priority for the use of available funds the protection of investments made in the Interstate highways in each State and the provision of suitable traveling quality by such highways; (3) permit funding in urbanized areas to be used to improve highway and transit systems, where it can be shown that the improvement will increase the level of service within the corridor of the National Highway and Bridge System; and (4) permit the use of such funds for intercity rail projects and projects for access to ports, airports, and related facilities. Sets forth additional provisions with respect to the discharge of responsibilities by the Secretary for National Highway and Bridge System projects. Directs the Secretary to establish an Urban and Rural Highway and Bridge Program to provide a category of funds that minimizes Federal requirements and provides flexibility in the use of available funds for either highway or transit projects. Specifies: (1) that the Urban and Rural Highway and Bridge Program shall consist of all public highways (including bridges) functionally classified as arterials, urban collectors, and rural collectors other than those designated as part of the National Highway and Bridge System; (2) that each State shall establish guidelines for implementing this program; and (3) eligible highways and projects. Sets forth provisions with respect to the obligation of funds, and the Federal share of projects, for the construction of toll roads, bridges, tunnels, and ferries. Requires the Secretary, in each fiscal year, to allocate among the States amounts sufficient to ensure that: (1) the total of apportionments and minimum allocation for each State in each such fiscal year shall not be less than 90 percent (currently, 85 percent) of the percentage of estimated tax payments into the Highway Account of the HTF attributable to highway users in the State of total apportionments in each such fiscal year and allocations for the prior year; and (2) each State's total apportionment from the Highway Account of the HTF for the year is not less than that made during FY 1991 (excluding any Interstate construction funds in excess of FY 1992 one-half percent minimum, Interstate substitution, and amounts for demonstration or discretionary funding programs or projects). Directs the Secretary to cooperate with State and local officials in urbanized areas in the development of transportation plans and programs which are formulated with due consideration to comprehensive long-range land use plans, development objectives, innovative financing mechanisms, overall social, economic, environmental, and system performance, energy conservation goals and objectives and with due consideration to their probable effect on the future development of the area. Specifies that the transportation planning process, at a minimum, shall cover the existing urbanized area and the area expected to become urbanized within the forecast period, and that it may encompass the entire Metropolitan Statistical Area/Consolidated Metropolitan Statistical Area at the discretion of the Governor and the affected units of local government. Requires that transportation plans and programs in urbanized areas of more than 200,000 population be based on a continuing transportation planning process which: (1) is carried out by a metropolitan planning organization and is comprehensive to the degree appropriate based on the complexity of transportation problems in the area, including transportation-related air quality problems; and (2) considers all modes of transportation, including intermodal connectivity, the balance between future development and transportation needs, and an areawide multimodal congestion management system. Specifies that in nonattainment areas for transportation-related pollutants the multimodal congestion management system shall address air quality considerations and be coordinated with the process for development of the transportation element of the State Implementation Plan required by the Clean Air Act. Requires that the costs and impacts of proposed action on both mobility and air quality be evaluated. Bars the Secretary from approving any highway project in urbanized areas of more than 200,000 population that by reconstruction or new construction significantly increases the vehicle carrying capacity of a transportation corridor unless the project is consistent with the congestion management system. Directs the metropolitan planning organization to cooperate with the State in the development of a congestion management, bridge management, pavement management, safety management, and traffic monitoring system. Requires that: (1) a metropolitan planning organization be designated in each urbanized area by agreement among the units of general purpose local government and the Governor to carry out such transportation planning process; (2) such organization develop a transportation improvement program that includes all projects proposed for funding within the study area under the National Highway and Bridge Program, the Urban and Rural Highway and Bridge Program, and the Bridge Program; and (3) in urbanized areas of 200,000 population or less, such organization, the State, and transit operators, at a minimum, meet the requirements of this Act by the development of such a transportation improvement program (including consideration of transportation-related air quality problems.) Requires the Federal highway research program to include coordinated long-term programs of research: (1) on Intelligent Vehicle Highway Systems; and (2) for the development, use, and dissemination of performance indicators to measure the performance of the surface transportation system. Requires such program to continue those portions of the Strategic Highway Research Program that the Secretary deems important. Directs the Secretary to create and administer the Dwight David Eisenhower Transportation Fellowship Program, a program to attract qualified students to the field of transportation engineering and research. Provides for the funding of such program. Directs the Secretary to cooperate with the States in carrying out: (1) statewide transportation planning; and (2) State highway research. Sets forth provisions regarding State matching fund requirements and waiver of such requirements. Directs the Secretary: (1) in the Secretary's reports regarding future highway needs of the nation, to report as well on the condition and performance of the existing system and on the bridge needs of the nation; and (2) beginning with the report due in January 1995, to include the results of studies of the air quality impacts of transportation programs including the air quality benefits realized from transportation control measures required under the Clear Air Act. Establishes within the Department of Transportation a Bureau of Transportation Statistics, which shall pursue a comprehensive, long-term program for the collection and analysis of data relating to the performance of the national transportation system. Requires the Director of such Bureau to: (1) produce annually unbiased and comparable estimates of factors including productivity in the various portions of the transportation sector, traffic flow, travel times, travel costs of intracity commuting and intercity trips, frequency of vehicle and transportation facility repairs, accidents, and collateral damage to the human and natural environment; and (2) submit reports beginning on October 1, 1992, and every 12 months thereafter, to specified congressional committees describing the status of the U.S. transportation system. Authorizes the Secretary to: (1) undertake, on a cost-shared basis, collaborative research and development with non-Federal entities, including State, local, and foreign governments; and (2) enter into cooperative research and development agreements, except that the average Federal share in such agreements shall not exceed 50 percent (but allows the Secretary to approve a higher Federal level of participation where there is substantial public interest or benefit). Authorizes the Secretary to withhold project approvals on National Highway and Bridge Program projects for failure of a State to have a bridge management, pavement management, safety management, and congestion management system. Requires each State to have a traffic monitoring system to provide statistically-based traffic data. Sets forth provisions regarding: (1) acquisition of rights-of-way; (2) private, State, and local donations; (3) access to rights-of-way to accommodate needed passenger or commuter rail, high speed ground transportation systems (including magnetic levitation systems), and highway and nonhighway public mass transit facilities; and (4) the definition and scope of the Interstate System. Declares that: (1) the nation must redirect its efforts toward moving people, information, and goods rather than moving vehicles; (2) the new Federal program shall refocus national policies to respond to increasing inter-regional travel, relieving urban congestion, improving rural access, fostering intermodalism, enhancing air quality, conserving energy, and giving priority to projects that offer the best solutions to the transportation problems and environmental considerations of each region; and (3) the essential element for an effective future program is a new Federal, State, and local partnership that provides more funding, greater program flexibility, and greater program management and resource contribution responsibilities at the State and local levels. Sets forth provisions with respect to the apportionment of funds, including apportionment formulas under the: (1) National Highway and Bridge Program, based on the State's rural and urban lane miles, rural vehicle miles traveled, and diesel fuel consumption; and (2) Urban and Rural Highway and Bridge Program, in the ratio of tax payments of the Highway Account of the HTF attributable to the highway users of each State. Sets forth provisions with respect to: (1) project agreements and obligations of funds; (2) availability of funds; (3) the Federal share payable with respect to certain projects; (4) project litigation expenses; and (5) the allocation and administration of Federal lands highways funds, and the establishment of a coordinated Federal Lands Highways Program. Authorizes (subject to specified limitations): (1) States to use Federal highway funds to construct improved lanes, paths, or shoulders, traffic control devices, shelters, and parking facilities for bicycles and pedestrians, and carry out nonconstruction projects related to safe bicycle and pedestrian use; (2) the Secretary, where a highway bridge deck being replaced or rehabilitated with Federal financial participation is located on a highway on which bicycles or pedestrians are permitted to operate at each end of the bridge and the Secretary determines that the safe accommodation of bicycles or pedestrians can be provided at reasonable cost, to replace or rehabilitate such bridge, making such accommodations; (3) Federal lands highways funds to be used for the construction of pedestrian walkways and bicycle routes; and (4) a State to expend Urban and Rural Highway and Bridge Program funds for such construction. Provides for: (1) a functional reclassification of all public roads; (2) the transfer of funds for transit projects to, for administration by, the Urban Mass Transportation Administration; and (3) a recodification of Federal highway-related provisions. Requires that construction standards adopted for the National Highway and Bridge System be those approved by the Secretary in cooperation with the State highway departments and the American Association of State Highway and Transportation Officials (currently, with respect to construction standards for the Interstate System, cooperation with such Association is not required). Directs the Secretary to issue guidelines for minimizing soil erosion from highway construction. Bars the Secretary from approving projects that will result in the severance or destruction of an existing major route for nonmotorized transportation traffic and light motorcycles, unless the project provides a reasonable alternative route or an alternative route exists. Requires: (1) projects for resurfacing, restoring, or rehabilitating specified highways to be constructed in accordance with standards to preserve and extend highway service life and enhance highway safety; and (2) States to charge, at a minimum, fair market value for the sale, use, lease, or lease renewals of right-of-way airspace acquired as a result of a project funded in whole or in part with Federal assistance made available from the Highway Account of the HTF, with exceptions. Provides that: (1) Indian contractors certified by State transportation or highway departments shall receive preference in the award of contracts on Indian reservations to the maximum extent practicable; and (2) contracts for Urban and Rural Highway and Bridge Program projects may be entered into with the prior concurrence of the Secretary in the award. Authorizes: (1) the State transportation or highway department to include warranty or guarantee provisions in construction contracts which, if used, shall be for a specified construction product or feature and may not include routine maintenance; and (2) projects (currently, requires projects) approved to include the amount of any interest earned and payable on bonds issued by the State to the extent that the proceeds of the bonds have actually been expended in the construction of the project. Authorizes the Secretary, except for projects administered under the Urban and Rural Highway and Bridge Program, to make payments to a State for costs incurred on a project. (Current law authorizes payment to States for construction.) Specifies that total payments shall not exceed total costs incurred by the State for the project. Requires any State transportation or highway (currently, highway) department which submits plans for a National Highway and Bridge Program or Interstate System project (currently, Interstate System project) to make its certification and report, indicating that consideration was given to the economic, social, environmental, and other effects of the plan, highway location or design, and various alternatives which were raised during the hearing or which were otherwise considered (current law does not mention the latter requirement). Authorizes the Secretary to approve for Federal financial assistance from National Highway and Bridge Program funds: (1) projects designed to encourage the use of carpools, subject to specified limitations; and (2) the construction of exclusive or preferential high occupacy vehicle (HOV) lanes, highway traffic control devices, intercity and urban bus passenger loading areas and facilities, and fringe and transportation corridor parking to serve HOV, intercity bus, and public transportation passengers. Specifies that if fees are charged for the use of any carpool or other publicly owned parking facility constructed pursuant to Federal highway provisions, the revenue in excess of that required for maintenance and operation of the facility and the cost of providing shuttle service to and from the facility including compensation to any person for operating the facility and for providing shuttle service shall be used for purposes authorized under Federal highway provisions. Requires that National Highway and Bridge System funds be made available to finance the Federal share of projects for exclusive or preferential HOV, truck, and emergency vehicle routes or lanes. Permits such routes on the Interstate System to have less than four lanes of traffic. Prohibits the approval of HOV projects unless the Secretary has received assurances from the owner or operator of the facility that HOV vehicles will fully utilize the proposed project and that essential operations and enforcement support of the facility will be provided. Specifies that, in any case where sufficient land exists within the publicly acquired rights-of-way of the National Highway System to accommodate needed nonhighway public mass transit facilities and where the accommodation can be accomplished without impairing automotive safety or future highway improvements, the Secretary may authorize a State to make those lands and rights-of-way available without charge to a publicly owned mass transit authority for such purposes wherever the public interest will be served. Directs the Secretary to require assurance from any State desiring to avail itself of benefits under Federal highway provisions that employment in connection with proposed projects be provided without discrimination based on race, color, religion, national origin, age, disability, or sex (currently, specifies "without regard to race, color, creed, national origin, or sex"). Requires that not to exceed one fourth of one percent of the funds apportioned to a State be available for highway construction training. Prohibits discrimination on the basis of sex under programs or activities receiving Federal assistance. Repeals a requirement that each State certify that it is enforcing all speed limits on public highways and that the Secretary not approve projects in States failing to make such certification. Requires each State to establish a procedure to certify that highway bridge inspectors meet national qualifications. (Current law requires that standards established by the Secretary include a procedure for national certification of such inspectors.) Directs the Secretary to withhold ten percent of the amount to be appropriated to any State on the first day of each fiscal year in which the purchase or public possession in that State of any alcoholic beverage by a person who is less than 21 years of age is lawful (current law specifies five percent on the first day of the fiscal year succeeding the first fiscal year beginning after September 30, 1985, and ten percent after the second fiscal year beginning after such date). Specifies that funds withheld from apportionment shall be apportioned to the other States in compliance and remain available for the period of time applicable to the category of funds withheld (currently, treatment of such funds varies based on whether funds were withheld on or before September 30, 1988). Directs that construction estimated to cost $50,000 (currently, $15,000) or more per mile or per project for projects with a length of less than one mile on forest development roads and trails be advertised and let to contract, and allows projects with less than such cost, if no acceptable bid is received, to be done by the Secretary of Agriculture. Repeals provisions under the Territorial Highway Program: (1) that Federal financial assistance be granted on the basis of a Federal contribution of 100 percent of the cost of any project; and (2) under which the Governor must agree not to impose any toll, or permit any such toll to be charged, for use by vehicles or persons of any portion of the facilities constructed or operated to qualify for funding. Provides that, in addition to a specified percentage, sums provided (currently, two percent) for each fiscal year may be expended upon request of the Governor with the Secretary's approval under such Program. Requires (currently, authorizes the Secretary to make) expenditures with respect to the reconstruction of the Alaska-Canada international highway. Authorizes the Secretary to give priority of approval to, and expedite the construction of, projects that are recommended as important to the national defense. Modifies provisions regarding the National Highway Institute to: (1) require that private agencies and individuals pay the full cost of any education and training received by them; and (2) authorize the Institute to engage in all phases of contract authority for training purposes authorized under Federal highway provisions and to carry out its authority independently or in cooperation with any other branch of Government, authority, association, or person. Authorizes the Institute to establish and collect fees from any entity and place them in a special account.
United States · United States Congress · 4 June 1991
Ethics and Treatment of Home Medical Equipment Act of 1991 - Amends title XVIII (Medicare) of the Social Security Act to require the Secretary of Health and Human Services to establish certification standards for suppliers of durable medical equipment, ostomy bags, and supplies related to ostomy care under part B (Supplementary Medical Insurance) to assure patient safety and the availability of high-quality covered items. Requires such suppliers to meet such standards in order to be eligible for reimbursement from Medicare. Deems such suppliers accredited by the Joint Commission on the Accreditation of Healthcare Organizations or other appropriate accrediting entities to have met those standards. Prohibits carrier forum shopping. Modifies the prohibition against suppliers filling out certificates of medical necessity to make such prohibition applicable to items on the Secretary's list of potentially overused items. Prohibits physician referrals to durable medical equipment companies in which the referring physician has a financial relationship. Waives mandatory submission of claims provisions for nonparticipating suppliers of inexpensive items of durable medical equipment. Sets limits on the Medicare reimbursement cuts mandated under the Omnibus Budget Reconciliation Act of 1990 for covered items. Restores Medicare's monthly payment for rental cap items to ten percent per month for up to 12 months. Provides an up-front purchase option for rental cap items in instances where the item is needed for longer than 12 months at least 75 percent of the time or where the patient is in a severe condition recognized by the Secretary.
United States · United States Congress · 23 May 1991
Benjamin Franklin Memorial Fire Service Bill of Rights Act - Title I: Minting of Benjamin Franklin National Memorial Commemorative Coin - Benjamin Franklin National Memorial Commemorative Coin Act - Directs the Secretary of the Treasury to issue: (1) five dollar gold coins emblematic of Benjamin Franklin's contributions to the advancement of science; (2) one dollar silver coins emblematic of Benjamin Franklin's contributions to the American Fire Service. Sets forth sale and issuance guidelines, including a general waiver of procurement regulations and surcharge distributions. Title II: Fire Service Bill of Rights - Fire Service Bill of Rights Act - Amends the Federal Fire Prevention and Control Act of 1974 to set forth a fire service bill of rights, including the right of responding fire services to: (1) know the kind of danger presented by hazardous materials they face in emergency responses; and (2) be fully informed of infectious diseases their members face during the course of life safety activities. Declares that the bill of rights does not create any private right of action.
United States · United States Congress · 20 May 1991
Farm Animal and Research Facilities Protection Act of 1991 - Amends title XIV of the Food Security Act of 1985 to add a new subtitle prohibiting (and establishing criminal penalties for) specified acts of destruction, theft, or damage to farm animal, research, and educational facilities. Directs the Secretary of Agriculture and the Attorney General to jointly conduct a study of the extent and effect of terrorism on animal research, production, and processing facilities. Grants jurisdiction for cases arising under these provisions to U.S. district courts. Establishes a private right of action.
United States · United States Congress · 17 May 1991
Pledge of Allegiance Commemorative Coin Act - Establishes the Pledge of Allegiance Commemorative Coin Advisory Board to: (1) consult with the Secretary of the Treasury (the Secretary) regarding coin design; (2) oversee the expenditure of funds provided to the U.S. Capitol Historical Society for assisting its educational programs and providing non-operating improvements to the Capitol; and (3) establish rules and operating procedures to implement this Act. Directs the Secretary to issue five-dollar gold coins, one-dollar silver coins, and half dollar clad coins emblematic of the Pledge of Allegiance to the Flag. Declares a general waiver of public contract procurement regulations governing coin mintage under this Act. Mandates that surcharges be distributed equally between the Treasury and the U.S. Capitol Historical Society. Provides for audits by the Comptroller General. Requires that: (1) all amounts received from the sale of coins be deposited in the coinage profit fund; and (2) the Secretary take actions to ensure that coin mintage and issuance under this Act will not result in any net cost to the Federal Government.
United States · United States Congress · 15 May 1991
Designates the week beginning July 21, 1991, as Korean War Veterans Remembrance Week. Requires the President to urge that the American flag be flown at half staff on July 27, 1991, in honor of those Americans who died as a result of their service in Korea.
United States · United States Congress · 14 May 1991
Income-Dependent Education Assistance Act of 1991 - Establishes the income-dependent education assistance (IDEA) program of supplemental direct higher education student loans in which a borrower's annual repayment obligation is dependent upon both postschool income level and borrowing history. Title I: System for Making Income-Dependent Education Assistance Loans - Directs the Secretary of the Treasury to: (1) make IDEA loans to eligible students in accordance with this title; and (2) establish an account for each IDEA loan borrower and collect repayments on such loans using the income tax collection system under specified Internal Revenue Code provisions added by title II of this Act. Sets forth provisions for the terms and enforcement of IDEA program agreements between the Secretary of Education and eligible institutions. Sets forth provisions for the amounts and terms of IDEA loans. Sets annual limits on the amounts of such loans to various categories of students. Sets a limitation on individual borrowing capacity, with adjustments for inflation and with consideration of any outstanding student loan obligations. Limits the duration of individual eligibility for such loans. Sets forth requirements for: (1) agreements to the terms of such loans; and (2) disbursement of the proceeds of such loans. Sets forth the responsibilities of eligible institutions and of the Secretary of the Treasury for certain information requirements relating to the IDEA loan program. Sets forth provisions for interest charges on such loans. Requires such charges to be added to the recipient's obligation account at the end of each calendar year. Bases such charges on an interest rate equal to the lesser of: (1) ten percent; or (2) the sum of the average bond equivalent rates of 91-day Treasury bills auctioned for the previous year, plus two percentage points, rounded to the next higher one-eighth of one percent. Provides for conversion and consolidation of certain other types of student loans as IDEA loans. Authorizes the Secretary of the Treasury, upon request of borrowers who have received federally insured or guaranteed loans under specified provisions of the Higher Education Act of 1965 (HEA) (Stafford loans) or of the Public Health Service Act (PHSA) (HEAL loans), to make new IDEA loans to such borrowers which are equal to the sum of the unpaid principal of those other loans and which discharge the liability on those other loans. Provides for mandatory conversion of certain defaulted student loans to IDEA loans. Requires IDEA collection treatment of any loan made, insured, or guaranteed under specified provisions of HEA or PHSA after enactment of this Act which is assigned after default for collection by the Secretary of Education or the Secretary of Health and Human Services. Directs such Secretaries to notify: (1) the Secretary of the Treasury of the need to establish or adjust an IDEA account for such loan's borrower; and (2) the borrower of the conversion of the defaulted loan to an IDEA loan and the procedures for collection under the income tax system. Terminates the authority to make additional loans under the HEA programs of supplemental loans for students (SLS) and direct loans to students in institutions of higher education, for any academic year beginning after the date regulations are prescribed by the Secretaries of Education and the Treasury to carry out this title. Authorizes appropriations to: (1) make distributions of IDEA loan funds to eligible institutions; and (2) administer and carry out this title. Bases student eligibility for IDEA loans on their eligibility for student assistance under specified HEA provisions and their carrying at least one-half the normal full-time academic workload. Title II: Collection of Income-Dependent Education Assistance Loans - Amends the Internal Code to add provisions for the collection of IDEA loans. Directs the Secretary of the Treasury to notify each IDEA loan borrower of their yearly repayment obligation. Sets forth formulas for computation of the annual IDEA loan repayment amount. Makes such amount equal to the lesser of: (1) 20 percent of the excess of the modified adjusted income of the taxpayer for such taxable year over the standard deduction and exemption (twice for joint returns); or (2) the product of a base amortization amount and a progressivity factor based on the taxpayer's modified adjusted gross income. Defines "base amortization amount" as the amount which, if paid at the close of each year for 12 consecutive years, would fully repay (with an eight-percent annual interest rate) the maximum account balance of the borrower. Sets forth progressivity factor tables for various types of taxpayers. Provides that, in general, the repayment obligation of an IDEA loan borrower shall terminate only if there is repaid: (1) in the case of any repayment during the first 12 years for which the borrower is in repayment status, the principal plus interest at an annual rate equal to the otherwise applicable rate plus two and one-half percent; and (2) in the case of any repayment during any subsequent year (or in the case of loans under $3,000 repaid during the first 12 years), the principal plus interest at applicable rates. Requires no repayment after 25 years in repayment status. Sets forth provisions for the determination of years in repayment status. Sets forth the requirements for payment of the amount owing. Directs the Secretary of the Treasury to assess and collect any unpaid amount in the same manner as for any delay in the payment of income tax. Provides for discharge, by the Secretary of Education, of the IDEA loan liability of any borrower who dies or becomes permanently and totally disabled. Provides for crediting of amounts paid on a joint return. Sets forth formulas for computation of an alternative annual payment for individuals who have attained age 55. Provides for inflation adjustment in the computation of the progressivity factor. Provides that, in general, an IDEA loan shall not be dischargeable in a case of bankruptcy, but authorizes the Secretary of the Treasury to postpone certain portions of the loan liability in such cases. Makes specified provisions relating to finality of assessment and collection applicable to such loans. Includes the amount required to be repaid for IDEA loan uner amounts listed under requirements relating to failure by an individual to pay estimated income tax. Requires individuals who are obligated to make IDEA loan repayments to file income tax returns for the applicable years.
United States · United States Congress · 9 May 1991
Amends the Higher Education Act of 1965 to authorize additional appropriations for the Mary McLeod Bethune Memorial Fine Arts Center of Bethune-Cookman College in Volusia County, Florida.
United States · United States Congress · 8 May 1991
Constitutional Amendment - Requires the Congress, prior to each fiscal year, to adopt a statement in which total Federal outlays (except those for repayment of debt principal) do not exceed total receipts (except those derived from borrowing), unless a three-fifths vote of both Houses authorizes a specific excess. Limits the rate of increase in receipts in the statement to that of the increase in national income in the previous calendar year, unless law is enacted solely to approve specific additional receipts. Directs the President to submit a balanced budget. Authorizes waiver of these provisions in time of war. Sets a permanent limit on the amount of Federal public debt, prohibiting any increase unless legislation enacted by a three-fifths majority of both Houses becomes law.
United States · United States Congress · 8 May 1991
Expresses the gratitude of the Congress to this Nation's Federal civilian employees for their contributions to Operation Desert Shield and Operation Desert Storm. Commends and congratulates them on a job superbly done.
United States · United States Congress · 1 May 1991
Expedited Consideration of Proposed Rescissions Act of 1991 - Amends the Congressional Budget and Impoundment Control Act of 1974 to require a special message, in the case of budget authority proposed to be rescinded or reserved, to include language amending the law authorizing such programs to allow them to continue to function at the proposed new level of budget authority. Allows the President to transmit to both Houses of the Congress, for expedited consideration, one or more special messages proposing to rescind all or part of any item of budget authority provided in an appropriation bill. Requires that such special message be transmitted not later than three days after the President approves the appropriation bill and be accompanied by a draft bill or joint resolution that would, if enacted, rescind the budget authority proposed to be rescinded. Sets forth House and Senate procedures for the expedited consideration of such a proposal.
United States · United States Congress · 1 May 1991
Constitutional Amendment - Declares that nothing in the Constitution shall prohibit the inclusion of voluntary prayer in any public school program or activity. Provides that neither the United States nor any State shall prescribe the content of any such prayer.
United States · United States Congress · 29 April 1991
Civic and Character Values-In-Schools Act of 1991 - Title I: Commission on Values Education - Establishes the Commission on Values Education. Directs the Commission to report, with recommendations, to the Congress and the President within one year after enactment of this Act. Authorizes appropriations. Terminates the Commission 30 days after its final report to the Congress. Directs specified congressional committees, within 90 days after submission of the Commission's report, to conduct hearings on such report, and to report to their respective houses on results of such hearings within 30 days after their completion. Title II: Ethics and Values Demonstration Program - Amends the Elementary and Secondary Education Act to provide for an ethics and values demonstration program under the Secretary's Fund for Innovation in Education. Authorizes the Secretary of Education to make grants to State educational agencies, local educational agencies, institutions of higher education, and other public and private organizations to conduct activities designed to stimulate understanding of ethics, civic and character values, and the principles of democracy as a means of enhancing and improving elementary and secondary education. Sets forth authorized uses of such grant funds. Sets forth application requirements.
United States · United States Congress · 25 April 1991
Federal Recycling Incentive Act - Amends the Solid Waste Disposal Act to direct the Administrator of General Services to: (1) establish, and periodically modify, a program requiring each Federal department, agency, or instrumentality to separate and collect solid waste (including high-grade paper, newspapers, aluminum, bottles, and containers) for recycling; (2) establish and implement a system for monitoring and enforcing the provisions of this Act; and (3) report periodically to the Congress as to the extent of compliance for the preceding 12-month period. Authorizes any such entity to retain any moneys received from the sale of such waste for use in carrying out its functions. Authorizes appropriations.
United States · United States Congress · 24 April 1991
Designates May 15, 1991, as Joe DiMaggio Day, in honor of the 50th anniversary of his remarkable and lasting major league feat of hitting in 56 consecutive games.
United States · United States Congress · 23 April 1991
Nuclear Decommissioning Reserve Fund Act of 1991 - Amends the Internal Revenue Code to: (1) decrease the rate of the tax imposed on the income of any Nuclear Decommissioning Reserve Fund; and (2) remove restrictions on permitted investments of Fund monies.
United States · United States Congress · 23 April 1991
Designates May 22, 1991, as National Desert Storm Reservists Day to commemorate the accomplishments of the men and women of the reserve components of the U.S. Armed Forces who proudly served the United States during Operation Desert Storm.
United States · United States Congress · 17 April 1991
World War I Veterans' Service Pension Act - Directs the Secretary of Veterans Affairs to pay a monthly pension of $100 to each veteran of World War I who meets specified service requirements. Requires such a veteran, if entitled to another pension administered by the Department of Veterans Affairs, to elect which pension to receive.
United States · United States Congress · 17 April 1991
Long-Term Care Insurance Consumer Protection Act of 1991 - Amends title XIX (Medicaid) of the Social Security Act to afford Federal consumer protection to purchasers of long-term care insurance policies by requiring that, before such policies may be issued or sold, they must have been either certified by the Secretary of Health and Human Services as meeting the minimum Federal standards and requirements outlined below or approved by the State commissioner or superintendent of insurance under a regulatory program each State is required to establish that: (1) incorporates such standards and requirements; (2) provides consumers with access to basic information on issuers and policies; and (3) provides for an approval process for proposed premium increases. Outlines Federal standards long-term care insurance policies must meet, including those which mandate that such policies: (1) offer mandatory inflation protection features, nonforfeitable benefits after a certain vesting period should the policy lapse, and limited premium increases; (2) be guaranteed renewable except for nonpayment of premiums or material misrepresentation; (3) use standard language and a uniform format, with certain variations in language permitted; (4) disclose a detailed outline of coverage; (5) allow purchasers 30 days to rescind their purchase of the policy and to have the premium refunded; (6) not condition or limit eligibility for benefits, including non-institutional benefits, except in cases of preexisting conditions; (7) use functional assessment tools for determining home care eligibility; (8) provide a right to appeal denials for home care eligibility; (9) provide a six-month period of contestability after issuance of the policy; (10) prohibit discrimination in cases of individuals with Alzheimer's disease; and (11) provide benefits over a period of at least 12 consecutive months. Regulates the marketing of long-term care insurance policies by establishing prohibitions on certain sales practices, such as high pressure tactics, and on sales to Medicaid beneficiaries and sales of duplicate service benefit policies. Imposes additional requirements on issuers of long-term care insurance policies with respect to: (1) the prompt mailing of new policies after approval; (2) the furnishing of information to policyholders regarding denied claims and to the Secretary and appropriate State officials regarding policies, premiums, lapse, replacement, and rescission rates and denied claims; (3) the obtaining of medical assessments for elderly applicants if the policy is not guaranteed to issue; and (4) the limiting of compensation to agents for the sale of long-term care insurance policies. Sets forth penalties for issuing unapproved or uncertified policies and for violating prohibited sales practices and the requirements imposed on issuers of long-term care insurance policies. Requires reports on functional ability assessment tools and on solvency protections for such issuers. Requires a study to develop a standard measure of value for long-term care insurance policies. Authorizes appropriations to increase funding for long-term care insurance information, counseling, and assistance.
United States · United States Congress · 17 April 1991
National Commemorative Events Advisory Act - Establishes the President's Advisory Commission on National Commemorative Events to: (1) establish criteria for recommending to the President that a proposed commemorative event be approved or disapproved; (2) review proposals for national commemorative events submitted in accordance with procedures published by the Commission; and (3) issue recommendations to the President concerning each proposal reviewed. Terminates the Commission within five years after the date of its first meeting.
![Official portrait of Rep. Hutto, Earl [D-FL-1]](https://www.congress.gov/img/member/614392eda14fdfa465b6134131323bf2_200.jpg)