United States · United States Congress · 18 July 1991
Police Officers' Bill of Rights Act of 1991 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to provide that, except when on duty or acting in an official capacity, no law enforcement officer (officer) shall be prohibited from engaging in political activity or denied the right to refrain from engaging in such activity. Sets forth minimum standards that shall apply when an officer is under investigation or is subjected to questioning under circumstances that could lead to disciplinary action, including that: (1) questioning be conducted at a reasonable hour and take place at the offices of those conducting the investigation, with exceptions; (2) the officer under investigation be informed in writing of the nature of the investigation prior to questioning; (3) any questioning be for a reasonable period of time, allowing for reasonable periods for rest and personal necessities; (4) such questioning be recorded in full in writing or by electronic device, and a copy of the transcript be made available to the officer under investigation; and (5) the officer be entitled to the presence of counsel or other individual at the questioning. Requires the law enforcement agency to notify the officer that such officer is entitled to a hearing by a hearing officer or board, with exceptions for summary punishment or emergency suspension for misconduct. Specifies that an emergency suspension shall not affect the officer's health benefits. Sets forth provisions: (1) with respect to the composition of a disciplinary hearing board and procedures for a disciplinary hearing; and (2) limiting the penalty to that which was recommended by the trial board. Provides for notice of disciplinary action. Bars any penalty or threat of penalty against the officer for the exercise of rights under this Act. Prohibits: (1) a law enforcement agency from inserting any adverse material into the file of an officer unless such officer has had an opportunity to review and comment in writing on the adverse material; (2) requiring or requesting an officer to disclose personal property, income, assets, sources of income, debts, or expenditures (including those of any household member) unless the information is necessary in investigating a violation of law, rule, or regulation with respect to the performance of official duties, or where such disclosure is required by Federal, State, or local law; and (3) a State from having more than two legislative sessions to enact a Law Enforcement Officers' Bill of Rights that provides rights substantially similar to those afforded under this Act. Authorizes a cause of action in State court by the officer for recovery of damages and full reinstatement against a law enforcement agency that materially violates rights afforded under this Act. Specifies that the sovereign immunity of a State shall not apply in the case of a violation of such rights. Specifies that this Act does not preempt State law or collective bargining agreements or discussions that provide rights for officers that are substantially similar to those afforded by this Act.
United States · United States Congress · 18 July 1991
Amends the Higher Education Act of 1965 (HEA) to revise provisions for direct loans to students in institutions of higher education (Perkins Loans) to provide for cancellation of a percentage of such loan debt on the basis of years of qualifying service as a full-time qualified provider of early intervention services for individuals with disabilities, in a public or other nonprofit program under public supervision by a lead agency under specified provisions of the Individuals with Disabilities Education Act (IDEA). Revises the HEA provision for such debt cancellation for full-time teachers of infants, toddlers, children, or youth with disabilities to conform to the IDEA definition (the current HEA provision refers to handicapped children).
United States · United States Congress · 17 July 1991
California Desert Protection Act of 1991 - Title I: Wilderness Additions - Designates as additions to the National Wilderness Preservation System 77 wilderness areas within the California Desert Conservation Area (CDCA), the Yuma District, and the Bakerfield District of the Bureau of Land Management. Permits grazing in such areas. Prohibits the approval of any plan of operation prior to determining the validity of unpatented mining claims, mill sites, and tunnel sites affected by plans in such areas. States that non-designated areas within the CDCA have been adequately studied for inclusion in the System and releases them from otherwise applicable restrictions. Designates certain lands within the CDCA as the White Mountains Wilderness Study Area. Title II: Death Valley National Park - Establishes the Death Valley National Historic Park which subsumes the Death Valley National Monument. Withdraws the additional lands from further exploitation under the mining laws. Requires the Secretary of the Interior (the Secretary) to determine the validity of any unpatented mining claims, mill sites, and tunnel sites within such additional lands and whether the United States should acquire any mineral rights in such lands. Preserves grazing privileges on such lands for persons holding permits as of July 1, 1991. Terminates all grazing on July 1, 2016. Title III: Joshua Tree National Park - Establishes the Joshua Tree National Park which subsumes the Joshua Tree National Monument. Withdraws the additional lands from further exploitation under the mining laws. Requires the Secretary to determine the validity of any unpatented mining claims, mill sites, and tunnel sites within such additional lands and whether the United States should acquire any mineral rights in such lands. Continues the validity of certain rights-of-way of the Metropolitan Water District. Title IV: Mojave National Park - Establishes the Mojave National Monument which subsumes the East Mojave National Scenic Area. Withdraws Federal lands within the Monument from further exploitation under the mining laws. Requires the Secretary to determine the validity of any unpatented mining claims, mill sites, and tunnel sites within the Monument and whether the United States should acquire any mineral rights in such lands. Authorizes the Secretary to regulate mining in such Monument. Preserves grazing privileges on such lands for persons holding permits as of July 1, 1991. Terminates all grazing on July 1, 2016. Continues the validity of existing rights-of-way for specified activities. Directs the Secretary to submit a management plan for the Monument to the Senate Committee on Energy and Natural Resources and the House Committee on Interior and Insular Affairs. Designates the Granite Mountains Natural Reserve within the Monument. Authorizes the Secretary to construct a visitors' center and acquire lands. Title V: National Park Wilderness - Designates as wilderness the Death Valley National Park Wilderness, the Joshua Tree National Park Wilderness Additions, and the Mojave National Monument Wilderness. Title VI: Miscellaneous Provisions - Directs the Secretary to transfer Red Rock Canyon State Park Additions in the CDCA to California. Establishes the Desert Lily Sanctuary within the CDCA. Prohibits the Secretary and the Secretary of Agriculture from: (1) disposing of lands within the boundaries of any wilderness, park, or monument designated by this Act; (2) granting rights-of-way in lands within designated wilderness; and (3) making lands within such boundaries available for use by the Metropolitan Water District. Requires the Secretary to transfer certain Federal lands selected by the California State Lands Commission upon transfer to the United States of State school lands of equivalent value that are included in areas designated as wilderness and national parks under titles I through IV of this Act. Sets forth procedures for establishing fair market value. Creates the California Desert State Lands Credit Account in the event that the value of selected Federal lands is less than that of transferred State lands. Authorizes the Secretary to exchange Federal mineral interests in lands in California for private mineral interests in wilderness areas and national parks designated by this Act. Directs the Secretary to insure nonexclusive access to the wilderness areas, parks, and monument designated by this Act for traditional Indian cultural and religious purposes. Reserves Federal water rights for wilderness areas designated by this Act. Authorizes appropriations. Title VII: Definitions - Sets forth specified definitions.
United States · United States Congress · 11 July 1991
Community Right-To-Know More Act of 1991 - Amends the Solid Waste Disposal Act to revise congressional findings, objectives, and national policy provisions. Title I: Expansion of Toxics Release Inventory - Requires owners or operators of facilities subject to toxic chemical release requirements under the Emergency Planning and Community Right-To-Know Act of 1986 that meet threshold requirements under this Act to include supplemental information comparable to that required in toxic chemical release forms for transfers or releases of chemicals that are: (1) priority pollutants relating to steam electric power point source pollutants under the Federal Water Pollution Control Act; (2) specified hazardous wastes listed under the Solid Waste Disposal Act; (3) specified chemicals listed under the Clean Air Act; (4) pesticides with respect to which the registration has been denied, cancelled, or is under suspension or pesticides undergoing administrative review or that are classified for restricted use; (5) chemicals listed under the Safe Drinking Water Act for which maximum contaminant levels have been proposed; (6) chemicals identified as carcinogens by the Carcinogen Assessment Group of the Environmental Protection Agency (EPA), the International Agency for Research on Cancer, or the National Toxicology Program; (7) extremely hazardous substances listed pursuant to the Emergency Planning and Community Right-To-Know Act of 1986; (8) chemicals listed in 90 California Regulatory Notice Register 990 as reproductive toxins; or (9) listed under the Emergency Planning and Community Right-To-Know Act of 1986 that are not used at a level that meets threshold requirements for reporting but are released to the environment or transferred to an offsite waste management facility in amounts meeting the threshold under this Act. Provides that a facility meets the threshold requirements with respect to a chemical listed under this Act if the facility: (1) uses the chemical at a level that meets the threshold requirement for reporting under the Emergency Planning and Community Right-To-Know Act of 1986; or (2) releases to the environment or transfers to an offsite waste management facility a chemical in an amount greater than or equal to 100 pounds annually in the case of metals or metal compounds or 2,000 pounds annually for any other chemical. Authorizes the EPA Administrator to establish lower thresholds for any chemical, user segment, or facility. Permits authorized States to establish lower thresholds for facilities in their jurisdictions. Authorizes the Administrator to delete a carcinogen or reproductive toxin from the list under this Act if it is not otherwise listed under this Act or the Emergency Planning and Community Right-To-Know Act of 1986. Applies toxic chemical release reporting requirements to facilities employing at least ten full-time employees that are not currently subject to such requirements, but meet threshold reporting requirements under this Act or the Emergency Planning and Community Right-To-Know Act of 1986. Title II: Toxics Use Reduction - Requires owners or operators of covered facilities to submit: (1) annual toxics use reduction reports for each covered chemical for which such facilities are required to file toxic chemical release forms or supplemental information pursuant to title I; and (2) annual plans for reducing the use of covered chemicals. Sets forth report and plan requirements and submission deadlines. Authorizes the Administrator to modify such plans. Requires the Administrator to establish an advisory board to determine a professional code of practice for toxics use reduction materials accounting and planning. Directs owners or operators of facilities in violation of standards, permit conditions, or regulations pertaining to the management or release of covered chemicals, upon the request of 50 citizens or employees, to establish a workplace toxic use reduction committee to provide ongoing dialogue and appraisal of the progress toward pollution prevention. Requires the committee to meet at least quarterly to review a facility's progress on toxics use reduction. Directs the Administrator to implement a strategy to promote toxics use reduction. Requires the Administrator, Federal agencies, and States or political subdivisions, in issuing or approving regulatory action under specified environmental, consumer protection, occupational health and safety, and energy Acts, to make toxics use reduction an integral part of the planning, decisionmaking, and rulemaking process. Authorizes the Administrator to require owners or operators of facilities to provide records and information and grants the Administrator access to records, products, or raw materials. Requires the Administrator to establish a technical assistance and research program to promote and study toxics use reduction. Directs the Administrator to analyze information on production units reported by facilities for purposes of classifying such units into groups that use similar production processes and covered chemicals. Authorizes the Administrator to classify such units into groups on the basis of industrial categories according to Standard Industrial Classification codes. Requires the Administrator to: (1) classify ten groups, to be referred to as user segments; (2) evaluate the reduction in the use and generation of covered chemicals by each production unit in each user segment; and (3) prepare and make available to the public an annual percentile ranking of each unit according to use and generation as byproduct. Authorizes the Administrator to promulgate regulations to establish minimum toxics use reduction performance requirements for production units in user segments. Sets forth regulation requirements. Applies provisions of the Emergency Planning and Community Right-To-Know Act of 1986 concerning trade secrets, the provision of information to health professionals, and public availability of information to toxics information under this Act. Waives Federal facility compliance with toxics use reduction and reporting requirements upon the request of the Secretary of Defense and the President's determination that such waiver is in the interest of national security. Directs the Administrator to study and report to the appropriate congressional committees on methods of encouraging the reporting of toxics information through the use of computer telecommunication and other means. Requires the Director of the Office of Technology Assessment to study and report to the Administrator and the Congress on the provision to the public of toxic release inventory information and related information required to be submitted to the Administrator. Prescribes civil and administrative penalties for violations of toxics use reduction and reporting requirements. Sets forth provisions concering civil actions with respect to such violations. Requires the Administrator to establish a grant program to assist States and local governments in establishing innovative toxics use reduction programs. Directs States to make 75 percent of a grant available to local governments for carrying out toxics use reduction. Bases the awarding of grants on the extent to which chemical substances are manufactured, processed, used, and disposed of in a State, the extent of exposure to such substances in a State, and the population density of a State. Authorizes appropriations for such grants and for toxics use reduction under this Act. Requires the Administrator to: (1) implement a procurement policy that reduces, avoids, or eliminates the acquisition of agency procurement items made with or containing covered chemicals and hazardous secondary materials; and (2) make recommendations to the Congress for a national toxics use reduction procurement policy covering all procuring agencies, Federal facilities, and government contractors. Amends the Pollution Prevention Act of 1990 to increase the amounts authorized to be appropriated for functions under such Act and to increase and extend the authorization of appropriations for technical assistance grants to States. Title III: Waste Stream Reporting - Amends the Solid Waste Disposal Act to revise recordkeeping and reporting requirements for hazardous waste generators. Directs hazardous waste generators to report annually to the Administrator and authorized State agencies on the quantity of hazardous waste generated from each catastrophic event, remedial action, or one-time event not associated with production processes. Sets forth reporting requirements for generators of solid waste in amounts in excess of 11,000 pounds a month and for facilities managing solid and certain special wastes generated by fossil fuels combustion, mining, and activities involving cement kilns. Reqiures the Administrator to: (1) maintain publicly accessible databases for hazardous, solid, and special waste stream data reported under this Act; (2) make the data accessible on a cost reimbursable basis; and (3) report to the Congress on links between EPA databases and changes that would facilitate links between all major EPA operations.
United States · United States Congress · 10 July 1991
Lead Contamination Control Act Amendments of 1991 - Amends the Public Health Service Act to revise provisions concerning grants for lead poisoning prevention programs to authorize grants to public and nonprofit entities (currently, State and local governments). Requires priority in making grants to be given to applications for programs that will serve areas with a high incidence of elevated blood-lead levels in infants and children. Prohibits the Secretary of Health and Human Services from making such grants unless, in the case of any service that is made available pursuant to the State plan approved under title XIX of the Social Security Act (Medicaid) for the State involved, the grant applicant: (1) will provide the service directly and has entered into a participation agreement under the State plan and is qualified to receive payments under the plan; or (2) will enter into an agreement with a Medicaid provider under which the provider will provide the service and the provider has entered into a participation agreement and is qualified to receive such payments. Waives the requirement to enter into an agreement for such providers if the provider does not impose a charge or accept reimbursement from a third-party payor with respect to health care services. Prohibits grant recipients from making payments from the grant for any service to the extent that payment can reasonably be expected to be made for such service: (1) under any State compensation program, under an insurance policy, or under any Federal or State health benefits program; or (2) by an entity that provides health services on a prepaid basis. Waives such prohibition in the case of those providers through which the grantee provides services if the Secretary has provided a waiver with respect to secondary participation agreements. Extends the authorization of appropriations for the grant program through FY 1996. Sets forth the requirements for the national primary drinking water regulation for lead. Applies such requirements to community and noncommunity water systems. Establishes a limit for lead in tap water. Provides that the maximum contaminant level goal for lead in drinking water is zero. Requires requirements set forth in this Act to supersede requirements concerning lead in drinking water promulgated by the Administrator of the Environmental Protection Agency (EPA) on May 6, 1991, except for requirements relating to analytical methods. Permits the Administrator to promulgate regulations concerning lead in drinking water only if they are more protective of human health than corresponding requirements of this Act. Provides that the maximum contaminant level for lead in effect before May 6, 1991, shall be effective upon this Act's enactment date. Sets forth deadlines by which water systems shall complete applicable corrosion control treatment requirements. Deems a system to have optimized corrosion control and exempts a system from completion of corrosion control treatment steps if the system satisfies one of the following criteria: (1) in the case of a small- or medium-sized system, the system meets the tap water lead limit during two consecutive six-month monitoring periods; or (2) in the case of any water system, the system demonstrates to the State that it has conducted activities equivalent to applicable corrosion control steps required by this Act or it submits monitoring results that demonstrate for two consecutive six-month monitoring periods that the difference between the highest tap water lead concentration and the highest source water lead concentration is not detectable. Permits a small-or medium-sized water system to cease completion of treatment steps whenever such systems meet tap water lead limits during two consecutive monitoring periods and submit the results to the State. Sets forth corrosion control treatment steps and deadlines for large-, medium-, and small-sized systems. Requires small- and medium-sized systems exceeding the tap water lead limit to recommend installation of at least one of the following corrosion control treatments: (1) alkalinity and pH adjustment; (2) calcium hardness adjustment; and (3) the addition of a phosphate or silicate corrosion inhibitor to maintain an effective residual concentration in test tap samples. Authorizes a State to require such systems to perform specified corrosion control studies to identify optimal corrosion control treatment. Sets forth study requirements. Requires a State to approve the option recommended by the system or to designate alternative treatments. Directs systems to install and operate the treatments designated by the State. Requires States to evaluate the results of lead tap and water quality parameter samples submitted by water systems to determine whether a system has properly installed and operated the designated corrosion control treatment. Directs States to designate: (1) a minimum range of values for pH measured at each entry point to the distribution system; (2) a minimum pH value measured in all tap samples; (3) a minimum range of concentrations for a corrosion inhibitor (if used) measured at each entry point to the system and in all tap samples; (4) a minimum range of concentrations for alkalinity (if alkalinity is adjusted) measured at each entry point to the system and in all tap samples; and (5) a minimum range of concentrations for calcium measured in all tap samples (if calcium carbonate stabilization is used as part of corrosion control). Requires systems to maintain water quality parameter values at or above minimum values or within ranges designated by a State. Authorizes States to modify optimal corrosion control treatment or water quality parameters, subject to certain conditions. Establishes a maximum contaminant level for lead in source water. Requires public water systems that fail to meet the tap water lead limit to replace lead service lines. Directs a system to replace such lines at an annual rate that will replace 20 percent of the lead lines or ten percent of all service lines, whichever results in replacement of a greater number of lead service lines. Sets forth a replacement schedule. Provides for extensions of replacement deadlines upon the application of a system with a large number of lead service lines in the distribution system. Exempts a system from replacement requirements if the State determines that the service line does not contribute to tap water lead concentrations in excess of ten parts per billion. Requires a system to replace the entire service line unless it demonstrates to the State that it controls less than the entire service line. Sets forth requirements for replacing portions of service lines. Presumes that a system controls the entire lead service line (up to the building inlet) unless the State determines that it does not have the following forms of control over the entire line: (1) legal authority; (2) authority to set standards for construction or maintenance or to replace, repair, or maintain the line; or (3) ownership of the line. Provides for shorter replacement schedules, where feasible. Permits a system to cease replacing such lines whenever the tap water samples meet lead limits during two consecutive monitoring periods and the results are submitted to the State. Requires States to establish programs to encourage public water systems to: (1) provide a voluntary service of referring building owners in a system's service area to approved contractors to remove lead plumbing, fixtures, or solder from the buildings; and (2) offer to fund such removal and to bill their water customers in a manner that allows easy payment for such removal. Directs the Administrator to distribute a model State program. Requires water systems that exceed the tap water limit to deliver certain public education materials and public service announcements with respect to lead in drinking water. Sets forth required texts of such materials. Provides that in communities where a significant proportion of the population speaks a language other than English, such materials shall be communicated in the appropriate languages. Sets forth delivery requirements with respect to such materials. Permits a system to discontinue delivery if the system has met the tap water lead limit during the most recent six-month monitoring period. Requires systems failing to meet such limit to offer to sample the tap water of any customer who requests such sampling. Directs systems which fail to comply with a maximum contaminant level for lead or any related requirement to notify persons served by such systems of the violation. Requires water systems to complete a materials evaluation of their distribution systems to identify a pool of targeted sampling sites sufficiently large to ensure the collection of required lead tap samples. Prohibits faucets with devices designed to remove inorganic contaminants from being included as sampling sites. Requires systems to use information relating to special monitoring for corrosivity characteristics when conducting materials evaluations. Sets forth sources of information to be used when such systems' information is insufficient to locate the requisite number of lead sampling sites. Sets forth required sampling sites. Requires water systems whose distribution systems contain lead service lines to draw 50 percent of samples from sites that contain lead pipes or copper pipes with lead solder and 50 percent of those samples to be from sites served by a lead service line. Designates tap samples collected for lead (except for lead service line samples) as first draw samples. Requires: (1) first draw tap samples for lead to be one liter in volume and to have stood motionless in the plumbing system of each sampling site for at least six hours; and (2) service line samples to be one liter in volume and to have stood motionless in the lead service line for at least six hours. Sets forth collection requirements. Requires systems to collect at least one sample during each monitoring period (at six-month intervals) from the number of sites listed under this Act. Bases the number of sites required to be monitored on the size of the system. Provides for reduced monitoring for systems that meet lead limits during consecutive monitoring periods. Requires water systems that exceed the tap water lead limit to monitor water quality parameters. Provides that tap samples shall be representative of water quality throughout a distribution system, taking into account the number of persons served, the different sources of water, the different treatment methods, and seasonal variability. Requires samples collected at entry points to distribution systems to be from locations representative of sources after treatment. Directs systems to collect two tap samples for water quality parameters at six-month intervals. Bases the number of sites required to be monitored on the size of the system. Sets forth parameters to be measured and general monitoring requirements. Provides for reduced monitoring for systems that maintain the range of values for water quality parameters during consecutive monitoring periods. Requires systems to collect (at six-month intervals) lead source water samples in accordance with requirements specified in regulations of the Administrator relating to inorganic chemical sampling. Provides for reduced monitoring for systems using groundwater, surface water, or a combination of the two which demonstrate that finished drinking water entering distribution systems has been maintained below the source water maximum contaminant level during specified consecutive periods. Requires systems to: (1) report to States on tap water samples, source water monitoring, corrosion control treatment, lead service line replacements, and public education requirements; and (2) submit to States annually a letter certifying the extent of compliance with such requirements. Sets forth recordkeeping and reporting requirements for public water systems. Sets forth provisions concerning EPA review of State determinations concerning drinking water regulation for lead. Provides that issuance of a final order by the Administrator shall constitute requirements of the national primary drinking water regulation for lead and shall supersede any inconsistent State treatment requirements. Withdraws enforcement responsibility from States which fail to implement this Act's requirements for public water systems. Authorizes States to require public water systems to use bottled water or other means as a condition of: (1) granting variances or exemptions from requirements of the national primary drinking water regulations to avoid an unreasonable health risk; or (2) granting an exemption from corrosion control treatment requirements for lead or source water and lead service line replacement requirements to avoid such risk. Requires systems that use bottled water as a condition for receiving a variance or exemption to meet specified requirements, including: (1) a State-approved monitoring program for bottled water or a certification from the bottled water company that the water has been taken from an approved source (as defined by the Administrator of the Food and Drug Administration) and the company has conducted monitoring; and (2) the provision of sufficient quantities of bottled water to every person supplied by the public water system. Prohibits the EPA Administrator from promulgating any national primary drinking water regulations under the Public Health Service Act which are based on an action level in lieu of a maximum contaminant level or a treatment technique prescribed by such Act. Voids any such regulations promulgated before this Act. Requires the Administrator to promulgate drinking water regulations consistent with such Act for any contaminant, other than lead, for which regulations are voided. Directs local educational agencies to complete testing for lead contamination in drinking water from coolers and other drinking water outlets at schools under their jurisdiction. Requires the Administrator to revise a guidance document and protocol concerning lead in school drinking water to provide for follow-up sampling and to recommend remedial steps whenever the lead concentration exceeds a specified level. Directs local educational agencies, if lead concentration in such water exceeds such level, to submit to school personnel, parents of children, and the agency with primary enforcement responsibility for the public water system serving the school a lead disclosure statement and a description of actions to be taken in response to test results. Requires (currently, permits) grants made to States for programs regarding lead in school drinking water to be used to reimburse local educational agencies for expenses incurred in testing and remedial action. Extends the authorization of appropriations for such grants. Imposes civil penalties upon local educational agencies that fail to comply with requirements for testing and remedying lead in school drinking water. Requires pipe fittings and fixtures used in public water systems or in plumbing providing water for human consumption to be lead-free. Makes it unlawful to: (1) introduce into commerce any pipe, pipe fitting, or fixture that is not lead free; (2) sell solder or flux plumbing supplies which are not lead free; or (3) introduce into commerce any solder or flux which is not lead free unless such solder or flux bears a label stating that is illegal to use such materials in the installation or repair of plumbing providing water for human consumption. Revises the definition of "lead free" to provide that four years after this Act's enactment, such term refers to pipes, pipe fittings, fixtures, solder, and flux that have no lead content or that have been certified as lead free by the Administrator. Prescribes civil penalties for violations of such prohibitions. Applies provisions authorizing citizens' civil actions against the Administrator for violations of safety requirements for public water systems to States with primary enforcement responsibility. Applies recordkeeping and inspection provisions of the Safe Drinking Water Act to any person subject to requirements of this Act. Directs the Secretary to establish programs to: (1) accredit individuals to train lead inspectors to comply with lead inspection standards and deleaders to comply with lead abatement standards; (2) license lead inspectors and deleaders; and (3) certify laboratories as qualified to test substances for lead. Requires the Secretary to maintain lists (by State or metropolitan area) of licensed lead inspectors and deleaders, accredited instructors, and certified laboratories. Makes such lists available to the public. Provides for annual fees for accreditations, certifications, or licensings. Authorizes suspensions or revocations whenever the Secretary determines that the holder of an accreditation, license, or certification has violated relevant requirements. Directs the Secretary to: (1) report on methods and devices available to inspect for lead paint and lead hazards and to abate lead hazards; and (2) promulgate standards for the performance of lead inspections and lead abatement of covered premises. Sets forth requirements for lead inspection and abatement standards. Permits petitions for the modification of such standards to include or delete an inspection or abatement methods or device. Prohibits: (1) the performance of a lead inspection or lead abatement of a covered premise for compensation, except in compliance with such standards; (2) the sale or distribution in interstate commerce of any device for lead inspection or abatement, unless the device is approved under such standards. Directs the Secretary to promulgate regulations for the disclosure of indoor lead paint and lead hazards. Requires persons who sell or lease covered residential premises to provide purchasers or lessees with lead hazard inspection reports (and, in cases where a lead hazard is present, with lead disclosure statements) before such individuals are obligated to purchase or lease the premises. Directs persons who perform renovations of covered premises for compensation to provide lead disclosure statements to owners and occupants prior to commencing renovations. Requires the Secretary to publish and periodically revise a standard lead disclosure statement. Sets forth statement requirements. Requires the Secretary to undertake a public education program to inform the public about the risks of lead poisoning and the requirements for lead inspection, abatement, and disclosure. Directs the Secretary to require local educational agencies to conduct lead inspections for covered schools or day care centers and to provide all school or day care personnel and parents of children attending the school or day care center with a copy of the inspection report and disclosure statement (as well as response actions) in each case in which a lead hazard is detected. Requires the Secretary to make grants to States for assisting such agencies in testing for, and abating, lead hazards in schools and day care centers. Authorizes appropriations. Authorizes States which seek to administer the indoor lead contamination program to submit programs to the Secretary. Provides for the approval of programs that are at least as protective of human health and welfare as the Federal program and that provide for adequate enforcement. Requires the Secretary to promulgate a model State program. Prescribes civil penalties and authorizes civil actions for violations of indoor lead contamination inspection and abatement requirements. Applies Federal, State, interstate, and local lead hazard control requirements to Federal facilities in the same manner as such requirements apply to nongovernmental entities. Authorizes the Secretary to promulgate rules under which an Indian tribe may be treated as a State for purposes of such requirements. Amends the Federal Food, Drug, and Cosmetic Act to deem a food to be adulterated if: (1) it is packaged in a can or other container that contains solder or flux with lead content; or (2) it contains lead, unless the Secretary of Health and Human Services has determined that the level of lead contained in the food is safe. Directs the Secretary to promulgate regulations to establish standards, testing, and certification procedures with respect to lead in ceramic and crystal ware as are necessary to make food that contacts such ware safe. Prohibits the introduction into interstate commerce of any ceramic or crystal ware that has not been certified as safe with respect to lead by the Secretary.
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 · 27 June 1991
Directs the Administrator of the General Services Administration to provide for the installation of bicycle racks or lockers at each Federal office building.
United States · United States Congress · 26 June 1991
Religious Freedom Restoration Act of 1991 - Prohibits any agency, department, or official of the United States or any State (the government) from burdening a person's exercise of religion even if the burden results from a rule of general applicability, except that the government may burden a person's exercise of religion only if it demonstrates that application of the burden to the person: (1) is essential to further a compelling governmental interest; and (2) is the least restrictive means of furthering that compelling governmental interest. Sets forth provisions pertaining to judicial relief, attorney's fees, and applicability.
United States · United States Congress · 26 June 1991
World Cup USA 1994 Commemorative Coin Act - Directs the Secretary of the Treasury to issue a specified number of five-dollar gold coins, one-dollar silver coins, and half-dollar clad coins in commemoration of the 1994 World Cup and the unique appeal of soccer. Sets forth certain features of such coins and provides for their design, issuance, and sale. Requires that all sales include a surcharge of $35 per coin for the five-dollar coins, $7 per coin for the one-dollar coins, and $1 per coin for the half-dollar coins. Requires that all surcharges be paid to the Organizing Committee to organize and stage the 1994 World Cup. Requires that ten percent of such funds shall be made available through the U.S. Soccer Federation Foundation, Inc., for distribution to institutions for scholastic scholarships to qualified students.
United States · United States Congress · 20 June 1991
Highway Tree Planting Initiative of 1991 - Directs the Secretary of Transportation: (1) to identify public rights-of-way along Federal-aid highways suitable for the planting of trees and publish a report listing those identified rights-of-way; (2) within 24 months, to require each State to develop a plan for tree planting along such highways which include identification of species, design standards, and specifications for tree plantings for States which do not have such standards and specifications, and development of a tree maintenance policy; and (3) within 30 months, to require each State to have in effect a program for the planting of trees in public rights-of-way along such highways where safety, topography, soil, and other natural conditions provide that trees may be grown satisfactorily and with minimal maintenance. Authorizes the Secretary to make grants of up to $500,000 in a fiscal year to States for identifying rights-of-way, developing a plan, and implementing a program pursuant to the Act. Limits the Federal share to 80 percent. Directs the Secretary to: (1) take action as necessary to encourage State highway departments to enter into cooperative agreements with State foresters in implementing the requirements of this Act; and (2) enter into a cooperative agreement with the Chief of the Forest Service of the Department of Agriculture for technical and other assistance.
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 · 13 June 1991
Contraception and Infertility Research Centers Act of 1991 - Amends the Public Health Service Act to require the Director of the Institute of Child Health and Human Development to make grants or enter into contracts for centers for improving methods of contraception and centers for diagnosing and treating infertility. Requires the Director, subject to appropriations, to provide for three centers with respect to contraception and two centers with respect to infertility. Requires each center to: (1) conduct clinical and other applied research; (2) develop training protocols for and conduct training of physicians, scientists, nurses, and other health and allied health professionals; (3) develop model continuing education programs; and (4) disseminate information to professionals. Allows a center to use the funds to provide: (1) stipends for health and allied health professionals enrolled in the training programs; and (2) fees to individuals serving as subjects in the clinical trials. Requires each center to use the facilities of a single institution, or be formed from a consortium of cooperating institutions, meeting requirements as prescribed by the Secretary of Health and Human Services. Allows support for a center to be for a period of up to five years, with extensions of one or more periods of up to five years if the center's operations have been reviewed by a peer review group and the group has so recommended. Authorizes appropriations. Amends the Public Health Service Act to direct the Secretary to establish a program of entering into agreements with health professionals, including graduate students, under which the professionals agree to conduct research with respect to contraception or infertility in consideration of the Government agreeing to repay, for each year of such service, not more than a specified amount of the principal and interest of their educational loans. Applies provisions of the National Health Service Corps Loan Repayment Program to this program, except as inconsistent. Authorizes appropriations. Requires amounts appropriated to remain available until the end of the second fiscal year after they are appropriated.
United States · United States Congress · 13 June 1991
Declares that the Congress should: (1) establish a program of research for the development of methods of contraception and methods of diagnosing and treating infertility; (2) provide adequate long-term resources for the program; (3) ensure that Federal programs with respect to sexually transmitted diseases adequately respond to the role of such diseases in infertility; (4) ensure public education on contraception and infertility; (5) establish as Federal goals the development, by the year 2010, of improved barrier methods to protect against pregnancy and diseases, new methods of contraception for use by men, a vaccine-like drug for women that prevents pregnancy for a significant period of time without other specified effects, and new and improved techniques of diagnosing and treating infertility; (6) require the Secretary of Health and Human Services to reestablish the Ethical Advisory Board in order to facilitate research with respect to infertility; (7) review the policies and procedures of the Food and Drug Administration with respect to expediting approval of drugs and devices for use by the public, especially with respect to contraception and infertility; and (8) determine to what extent measures can be implemented by public or private entities to resolve liability issues involved with drugs and devices concerned with contraception and infertility.
United States · United States Congress · 11 June 1991
Amends title XVIII (Medicare) of the Social Security Act to prohibit the Secretary of Health and Human Services from using claim sampling to deny claims or recover overpayments under the Medicare program without probable cause that fraud exists.
United States · United States Congress · 6 June 1991
Medicare Preventive Benefits Act of 1991 - Amends part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act to provide for coverage of fecal-occult blood tests (FOBTs) and screening flexible sigmoidoscopies for the early detection of colorectal cancer. Covers FOBTs on an annual basis for individuals aged 50 or over. Covers screening sigmoidoscopies provided every five years for individuals aged 50 or over. Provides payment for FOBTs under the laboratory fee schedule, subject to a five dollar limit in 1992. Provides payment for screening sigmoidoscopies under the relative value scale in 1992. Permits the Secretary to modify the frequency criteria after 1994. Provides for Medicare coverage of annual influenza vaccinations and for tetanus-diptheria vaccinations administered every ten years. Provides for Medicare coverage up to age seven according to a frequency schedule to be established by the Secretary of Health and Human Services (HHS) in consultation with appropriate entities. Provides for Medicare coverage of annual screening mammography for the early detection of breast cancer for women over age 64. (Currently, such women are covered for such screening performed every other year.) Requires HHS demonstration projects for the coverage of additional specified preventive care services and reports to specified congressional committees on such projects. Authorizes appropriations. Authorizes an Office of Technology Assessment study and report to the Congress on the development of a process evaluating possible Medicare coverage of other preventive care services.
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
Wild Bird Protection Act of 1991 - Makes it unlawful for any person to: (1) import, transfer, possess, or sell any exotic bird unless such person is properly licensed and such bird meets specified marking requirements; and (2) commit, attempt to commit, or solicit another to commit, a violation of such requirements. Authorizes the Secretary of the Interior (Secretary) to issue licenses permitting: (1) the importation of certain exotic birds; and (2) the transfer of wild exotic birds. Sets forth specified reporting and recordkeeping requirements. Directs the Secretary to issue regulations requiring the marking of exotic birds. Authorizes: (1) the sale of captive exotic birds only if they are properly marked; and (2) the marking of such birds if the owner can show that they have been legally acquired. Exempts common canaries, cockatiels, budgerigars, or other qualifying species from such marking requirements. Authorizes a person to petition the Secretary with respect to any finding, determination, or other action authorized by this Act. Sets forth both civil and criminal penalties. Sets forth provisions relating to: (1) inspections and seizures and dispositions of such birds; (2) suspension of licenses; and (3) imposition of fees.
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 · 4 June 1991
Designates August 1, 1991, as Helsinki Human Rights Day. Authorizes and requests the President to: (1) reassert American commitment to the Helsinki Accords; (2) raise the issue of noncompliance with such Accords with any signatory nation which may be in violation; (3) convey to all signatories of such Accords that respect for human rights and fundamental freedoms is vital to progress in the ongoing Helsinki process; and (4) develop new proposals to advance the human rights objectives of the Helsinki process, including the self-determination of peoples.
United States · United States Congress · 4 June 1991
Expresses the sense of the Congress that the President, in recommending in 1992 a waiver of human rights and emigration requirements for nondiscriminatory treatment (most-favored-nation treatment) for the Soviet Union under the Trade Act of 1974, should consider whether: (1) specified objectives relating to emigration and Helsinki Accords have been and will be met by such country during the period of the waiver; and (2) Soviet law and intent are resulting in a sustained pattern of emigration and a cessation of hidden barriers to it.
United States · United States Congress · 3 June 1991
Expresses the sense of the Congress that: (1) the American public should observe the 100th anniversary of filmmaking; and (2) the American Film Institute has a leadership role in preserving the art of film.
United States · United States Congress · 23 May 1991
Amends the Internal Revenue Code to provide that certain revenue received by tax-exempt organizations that conduct amateur athletic events shall not be treated as taxable unrelated business income.
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 · 23 May 1991
Prohibits arms sales under the Arms Export Control Act to countries listed pursuant to provisions of the Internal Revenue Code as countries that require participation in or cooperation with the international boycott against Israel.
United States · United States Congress · 22 May 1991
Independent Older Blind Individuals Amendments of 1991 - Amends the Rehabilitation Act of 1973 to revise the program for independent living services for older blind individuals. Provides, under such program, for formula grants to States regarding services for older blind individuals. Requires ten percent non-Federal contributions for program costs. Revises provisions relating to such services. Extends through FY 1995 the authorization of appropriations for such program.
United States · United States Congress · 21 May 1991
Urges the Government of Iran to extend to the Baha'i community the rights guaranteed by the Universal Declaration of Human Rights and other international agreements to which Iran is a party. Calls upon the President to continue to: (1) urge the Government of Iran to emancipate the Baha'i community by granting such rights; (2) emphasize that the United States regards the human rights practices of such Government, particularly its treatment of the Baha'is and other religious minorities, as a significant element in the development of U.S.-Iranian relations; and (3) cooperate with other governments and international organizations in efforts to protect the religious rights of the Baha'is and other minorities in Iran.
United States · United States Congress · 15 May 1991
Campus Sexual Assault Victims' Bill of Rights Act of 1991 - Amends the Higher Education Act of 1965 (HEA) to require each eligible institution participating in any program under HEA title IV (Student Assistance) to include a statement of policy regarding the rights of victims of sexual assault, that complies with specified requirements, in its disclosure of campus security policy and campus crime statistics. Requires each institution of higher education to establish and implement a written policy establishing a campus sexual assault victims' bill of rights which provides that specified rights shall be accorded to such victims by all campus officers, administrators, and employees of such institution.
United States · United States Congress · 15 May 1991
Expresses the sense of the Congress that Germany and Austria should take steps to halt the distribution of specified neo-Nazi video games and prosecute anyone found in possession of such games to the full extent of the law.
United States · United States Congress · 14 May 1991
Domestic Violence Prevention Act of 1991 - Title I: Amendment of the Family Violence Prevention and Services Act - Amends the Family Violence Prevention and Services Act (FVPSA) to add increasing public awareness as a purpose of State demonstration grants. Authorizes grants for public information campaigns regarding domestic violence. Requires a State grant recipient to establish a Commission on Domestic Violence. Limits law enforcement training grants to private nonprofit organizations that have certain experience. Mandates grants or contracts for the establishment of one national and five regional resource centers to provide training and other assistance concerning domestic violence. Authorizes appropriations to carry out the Act. Requires grants to States to assist in becoming model demonstration States and in improving State leadership regarding certain domestic violence matters. Sets forth requirements for being designated as a model State. Authorizes appropriations. Title II: Law Enforcement, Prosecution Grants, and Interstate Enforcement - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize competitive grants to States for use by States and local governments to assist in developing effective law enforcement and prosecution strategies to combat domestic violence and to reduce the rate of domestic violence. Authorizes appropriations. Amends Federal law to establish criminal penalties for interstate travel to commit spousal abuse or to violate protection orders. Allows temporary protection orders pending final adjudication of charges under these provisions. Mandates victim restitution. Requires a protection order by a court of one State to be accorded full faith and credit by the court of another State. Amends the FVPSA to prohibit a State or locality from being awarded a grant under the Act if, as a matter of law, policy, or practice, it discriminated against victims of family violence. Requires certification that this condition has been met. Amends the Victims of Crime Act of 1984 to require a similar certification. Amends the FVPSA to authorize grants to State and local government entities to encourage them, and Indian tribes, to take specified actions in order to treat spousal violence as a serious violation of criminal law. Directs the Secretary of Health and Human Services to transfer a specified sum each fiscal year to the Attorney General for such grants.
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 · 9 May 1991
State and Local Government Employees Section 457 Plan Deposit Insurance Preservation Act - Amends the Federal Deposit Insurance Act to provide permanent Federal deposit insurance per participant on deposits in government-sponsored retirement savings (deferred compensation) plans placed in savings associations and banks for State and local government employees and for nonprofit corporation. (Currently such insurance will expire on January 29, 1992.)
United States · United States Congress · 8 May 1991
Directs the Secretary of Transportation to limit the approval of highway projects to those providing for facilities for the use of pedestrians and bicyclists, with exceptions where there is an alternative safe, noncircuitous route available or where there will be no substantial transportation or recreation benefit. Defines "facilities for the use of pedestrians and bicyclists" to mean: (1) pedestrian walkways; (2) bicycle lanes, trails, paved shoulders, or wide curb lanes on which bicycles may be operated safely; (3) shelters and parking facilities; and (4) traffic control devices. Requires each State receiving an apportionment of Federal highway funds to fund in the State department of transportation a position of bicycle and pedestrian coordinator for promoting and facilitating the increased use of non-motorized modes of transportation, including developing facilities for the use of pedestrians and bicyclists and public education, promotional, and safety programs for using such facilities.
United States · United States Congress · 8 May 1991
Anti-Boycott Passport Act of 1991 - Directs the Secretary of State to: (1) instruct the U.S. Middle Eastern diplomatic corps to seek an end to the policy of the majority of Arab League nations of rejecting passports of, and denying entrance visas to, persons whose passports or other documents reflect that they have visited Israel; and (2) report to specified congressional committees on the status of efforts to secure an end to such policy. Prohibits the Secretary from issuing any passport that is designated for travel only to Israel. Requires the Secretary to cancel existing passports designated for travel only to Israel. Prohibits the Secretary from issuing more than one official or diplomatic passport to any U.S. Government official for purposes of enabling such official to acquiesce in or comply with the Arab League's passport policy concerning persons who have visited Israel.
![Official portrait of Rep. Lehman, William [D-FL-17]](https://www.congress.gov/img/member/l000226_200.jpg)