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
Intermodal Surface Transportation Infrastructure Act of 1991 - Declares that: (1) it is a goal of the United States to develop a national intermodal transportation (IT) system that moves people and goods in an energy efficient manner; and (2) the nation's future economic direction is dependent on its ability to confront directly the challenges of the global economy, declining productivity growth, energy vulnerability, air pollution, and the need to rebuild the nation's infrastructure. Title I: Federal-Aid Highways - Declares that the authorizations of appropriations and apportionments for construction of the Dwight D. Eisenhower National System of Interstate and Defense Highways (Interstate System - IS) made by this Act are the final authorizations of appropriations and apportionments for completion of construction of the IS. Directs the Secretary of Transportation to apportion for all States (other than Massachusetts) for FY 1993 specified sums authorized for such year by the Federal-Aid Highway Act of 1956 for expenditure on the IS, based on the apportionment factors contained in Committee Print 102-10 of the House Committee on Public Works and Transportation. Extends specified apportionments for the IS through FY 1997. Authorizes appropriations. Sets forth provisions with respect to: (1) obligation ceilings for Federal-aid highways and highway safety construction programs for FY 1992 through 1996, with exceptions; and (2) the distribution of, limitation on, and redistribution of unused, obligation authority. Authorizes appropriations from the Highway Trust Fund (HTF) for: (1) the State flexible program; (2) the National Highway System (NHS); (3) the urban mobility system (UMS); (4) the rural mobility system (RMS); (5) the combined highway safety improvement program; (6) the bridge program; (7) Indian reservation roads; (8) forest highways; (9) public lands highways; (10) parkways and park highways; (11) Federal Highway Administration (FHWA) safety programs; and (12) FHWA safety research and development programs. Requires: (1) that not less than ten percent of the amounts authorized to be appropriated under titles I and III of this Act be expended with small business concerns owned and controlled by socially and economically disadvantaged individuals, with exceptions; (2) each State to annually survey and compile a list of disadvantaged business enterprises and the location of such concerns in the State, and notify the Secretary, in writing, of the percentage of such concerns which are controlled by women, by socially and economically disadvantaged individuals other than women, and by individuals who are women and also otherwise socially and economically disadvantaged individuals; and (3) the Secretary to establish minimum uniform criteria for State governments to use in certifying whether a concern qualifies as a disadvantaged business enterprise. Specifies that: (1) with respect to highway, safety, and motor carrier budget authority, $5,200,000,000 provided in each of FY 1992 through 1995, and $5,600,000,000 in FY 1996, shall be attributed to estimated revenues resulting from four cents of a five-cent increase in the gas tax effective FY 1992, as provided in this Act; (2) with respect to transit budget authority, $1,300,000,000 provided in each of FY 1992 through 1995, and $1,400,000,000 in FY 1996, shall be attributed to estimated revenues resulting from one cent of such gas tax increase; and (3) excess budget amounts and accompanying outlays shall be considered direct spending for pay-as-you-go and deficit control purposes of the Balanced Budget and Emergency Deficit Control Act of 1985. Prohibits the use of excess revenues for other purposes. Sets forth additional provisions with respect to the apportionment of funds and the designation and use of pay-as-you-go funds. Restructures the Federal-aid highway program by reorganizing it into four Federal-aid systems: (1) the IS; (2) the NHS; (3) the UMS; and (4) the RMS. Requires: (1) each State to functionally reclassify the roads and streets in such State; and (2) the Secretary to approve and submit a report to the Congress containing such reclassification by September 30, 1992. Directs the Secretary to establish a flexible program under which a State may expend funds apportioned to it for carrying out any project or activity for which Federal funds may be obligated under Federal highway provisions. Includes among eligible NHS projects: (1) construction, resurfacing, and rehabilitation of segments of such system; (2) highway safety improvements for segments of such system; (3) highway-related technology transfer activities; (3) public transportation; (4) fringe and corridor parking; (5) carpool and vanpool projects; and (6) bicycle transportation. Includes among eligible UMS and RMS systems: (1) construction, resurfacing, and rehabilitation of segments of such system; (2) highway safety improvements; (3) public transportation; (4) transportation planning; (5) highway-related and public transportation-related technology transfer activities; (6) bicycle transportation and and pedestrian walkways; (7) landscaping, scenic enhancement, and planting of wild flowers; and (8) participation in wetland mitigation banks and statewide programs to create, conserve, or enhance wetland habitat. Authorizes appropriations under the interstate substitute program for highway and transit projects. Sets forth provisions with respect to apportionments: (1) under the interstate substitute program; and (2) for the NHS, RMS, UMS, and the State flexible program. Limits the transferability of NHS apportionments, but provides special transferability rules for nonattainment areas for carbon monoxide or ozone under the Clean Air Act (CAA). Revises program and project approval provisions to bar the Secretary from approving: (1) projects after September 30, 1992, which are not included in a transportation improvement program (TIP); (2) any program of projects in an urbanized area not based on the planning process (under Federal highway provisions) and without consideration by the State of the views of responsible public officials of the affected area; (3) a highway project (other than a project for construction of high occupancy vehicle lanes) in an urbanized area of more than 200,000 population which will significantly increase the motor vehicle carrying capacity of a highway facility unless the project is consistent with a congestion management system for such area; and (4) a highway project which has associated with it a project for the construction of a pedestrian walkway or a bicycle transportation facility under the State TIP unless the Secretary first approves such pedestrian walkway or bicycle transportation project, with exceptions. Directs the Secretary, in approving programs for: (1) NHS projects in non-urbanized areas, to require that such projects be selected by the State in consultation with appropriate local officials; (2) RMS projects, to require that such projects be selected by the State highway department, appropriate local officials, and Indian tribal governments in cooperation with each other, with exceptions; (3) NHS projects, to give preference to such projects as will expedite the completion of an adequate and connected system of highways interstate in character; (4) UMS projects, to require that such projects be selected by the designated metropolitan planning organization (MPO) in consultation with the State; and (5) Federal-aid systems, to give priority to projects which incorporate improved standards and features with safety benefits. Authorizes the Secretary, in approving programs, to give priority of approval to, and expedite the construction of, projects that are recommended by specified officials as important to the national defense. Specifies that, in preparing programs to submit for approval, the Secretary and the State: (1) shall give consideration to projects providing direct and convenient public access to public airports, public ports for water transportation, new town communities, and new town-intown communities; and (2) may give priority to projects for the reconstruction, resurfacing, restoration, or rehabilitation of highways which are incurring a substantial use as a result of transportation activities to meet national energy requirements and which will continue to incur such use. Sets forth provisions with respect to preconstruction activities and contracting for engineering and design services. Requires the Secretary to report to the Congress a national list of rights-of-way identified by the MPOs and the States, including a strategy for preventing further loss of rights-of-way and the desirability of creating a Transportation Right-of-Way Land Bank to preserve vital corridors. Authorizes the States, MPOs, or units of local government (using NHS, UMS, or RMS funds) to purchase threatened rights-of-way subject to certain limitations. Directs the Secretary, in approving such purchases, to give priority to those rights-of-way most imminently threatened with being lost to transportation purposes. Sets forth provisions regarding the availability of Federal funds, set asides for discretionary and 4R (resurfacing, restoring, rehabilitating, and reconstructing) projects, and the Federal share of IS and other Federal-aid highway projects. Bars States from allowing a longer combination vehicle (LCV) to be operated on the IS within its boundaries without having its apportionment of funds withheld, unless authorized under this Act. Authorizes a State to continue to allow LCVs lawfully operated on June 1, 1991, to operate on the IS within its boundaries, subject to specified requirements. Establishes separate requirements for the State of Wyoming. Makes additional exceptions with respect to the operation of certain specialized hauling vehicles on Interstate Route 68 in Garrett and Allegany Counties, Maryland. Directs the Secretary to conduct a study of State and Federal regulations pertaining to transporters of water well drilling rigs on public highways to identify requirements which place a burden on such transporters without enhancing safety or preservation of public highways and to report to the Congress within two years on the results of such study. Exempts firefighting vehicles from axle weight limitations and the bridge formula for vehicles using the IS for two years, subject to renewal for an additional year. Directs the Secretary to conduct a study of State laws regulating the use on the IS of such vehicles and the issuance of permits by States exempting such vehicles from such requirements to determine whether or not: (1) such State laws and Federal highway provisions need to be modified; (2) a permanent exemption should be made for such vehicles; or (3) the bridge formula should be modified as it applies to such vehicles. Sets forth reporting requirements. Directs the Secretary to permit Federal participation in initial construction (current law authorizes such participation in construction) and 4R projects with respect to toll highways, bridges, or tunnels, and conversion of toll-free bridges or tunnels to toll facilities on the same basis as Federal participation is permitted in the construction of free highways. Sets forth provisions with respect to ownership of such facilities, limitations on the use of revenues and on the Federal share, and modification of agreements to allow Federal participation. Eliminates the public operation requirement for toll ferries. Directs the Secretary to void certain agreements with respect to: (1) the Fort McHenry Tunnel, Maryland; and (2) the I-78 Delaware River Bridge. Replaces railway-highway crossing provisions with provisions for a combined highway safety improvement program, under which each State shall: (1) conduct and systematically maintain an engineering survey of all highways to identify hazardous locations, as well as railroad crossings which may require separation, relocation, or protective devices; (2) assign priorities for correction; and (3) establish and implement a schedule of projects for improvements so identified. Sets the Federal share for projects under such program at 80 percent of the cost. Authorizes the Secretary to classify the various types of projects involved in the elimination of hazards of railway-highway crossings and set for each classification a percentage of the costs of construction deemed to represent the net benefit to the railroads for the purpose of determining the railroads' share of construction costs. Sets forth provisions with respect to liability for construction costs, discharge of liability, and enforcement of Act requirements. Provides for the apportionment of funds. Directs the Secretary to set aside $300,000 for Operation Life Saver (a public information and education program to prevent and reduce motor vehicle accidents, injuries, and fatalities, and to improve driver performance at railway-highway crossings). Authorizes the use of funds by local governments for the improvement of railway-highway crossings under specified circumstances. Requires each State to: (1) establish an evaluation process to assess results achieved by highway safety improvement projects and develop cost-benefit data for various types of corrections and treatments which shall be used in setting priorities for such projects; and (2) submit progress reports to the Secretary by December 30 of each year. Directs the Secretary to: (1) initiate a rulemaking proceeding to revise the guidelines and standards for the installation of roadside crash cushions; and (2) coordinate the field testing of the vehicle proximity alert system and comparable systems to determine their feasibility for use by priority vehicles as an effective railroad-highway grade crossing safety device (and, if feasible, to develop and implement programs to install such devices). Sets forth provisions with respect to the control of outdoor advertising. Directs MPOs, in cooperation with the State, to develop transportation plans and programs for urbanized areas of the State which provide for the development of transportation facilities (including pedestrian walkways and bicycle transportation facilities) which will function as an IT system for the State and such urbanized areas. Provides for the designation or redesignation of MPOs for each urbanized area of the State. Sets forth provisions with respect to the area covered by the transportation planning process and the factors to be considered in developing transportation plans and programs, such as: (1) applicable Federal, State, and local energy conservation programs, goals, and objectives; (2) applicable CAA requirements; (3) methods to reduce traffic congestion; (4) the effect of transportation decisions on land use and development; (5) the use of innovative mechanisms for financing projects; and (6) long-range needs of transportation systems in the urbanized area. Sets forth special rules for urbanized areas of greater than 200,000 population. Requires MPOs designated for urbanized areas, in cooperation with the State, to develop a long range transportation plan and a TIP for such area. Requires biennial review and approval of TIPs. Directs the Secretary to establish in the Department of Transportation (DOT) an advisory committee to review: (1) the planning process being utilized by MPOs; (2) the composition and organization of such MPOs; (3) the impact on such MPOs of changing demographics and increased responsibilities under Federal highway provisions and under the CAA; and (4) the relationship between the MPO and statewide planning processes. Sets forth reporting requirements. Sets forth provisions with respect to statewide planning that are analogous to those for metropolitan planning. Authorizes: (1) the Secretary to develop highway construction training and assistance programs in cooperation with Indian tribal governments; and (2) the States to implement a preference for employment of Indians on projects carried out under this title near Indian reservations. Authorizes: (1) the use of RMS or UMS funds for capital improvement to provide access and coordination between intercity and rural bus service, and for construction of facilities to provide connections between highway transportation and other modes of transportation; and (2) the Secretary to approve as a project on any Federal-aid system modifications to existing highway facilities on such system necessary to accommodate other modes of transportation if such modifications will not adversely affect automotive safety or future highway improvements. Makes public mass transportation projects in urbanized areas subject to metropolitan planning requirements under this Act. Directs the Secretary to: (1) inventory all highway bridges on Indian reservation roads and park bridges; (2) classify them according to serviceability, safety, and essentiality for public use; (3) assign each a priority for replacement or rehabilitation; and (4) determine the cost of replacing each such bridge with a comparable facility or of rehabilitating such bridge. Authorizes the Secretary to approve Federal participation in the painting of, or application of calcium magnesium acetate to, the structure of highway bridges upon application by a State for assistance. Provides for the apportionment of discretionary bridge program funds. Authorizes the expenditure of certain funds to rehabilitate, paint, or apply calcium magnesium acetate to highway bridges located on public roads other than those on the Federal-aid system. Requires a set-aside for such activities with respect to Indian reservation bridges. Authorizes the Secretary to carry out specified high cost bridge projects. Authorizes appropriations. Makes permanent the extension of the 65 miles per hour speed limit demonstration program. Directs the Secretary to issue regulations with respect to: (1) the monitoring of programs conducted by the States to ensure uniformity; (2) the placing of devices and equipment at such locations on maximum speed limit highways on a scientifically random basis which takes into account the relative risk of motor vehicle accidents occurring, considering the classes of such highways and the speeds at which vehicles are traveling. Sets forth a formula for the transfer of a State's apportionment of Federal highway funds if such State fails to adequately enforce the speed limit. Requires a State to obligate at least 50 percent of any funds transferred under this title for a fiscal year for speed limit enforcement and public information and education. Requires the Secretary to carry out such provisions through the National Highway Transportation Safety Administration (NHTSA). Provides for the transfer of certain FHWA personnel to the NHTSA to carry out such provisions. Directs the Secretary, on October 1 or as soon as possible thereafter in FY 1992 and each succeeding fiscal year, to allocate among the States amounts sufficient to ensure that a State's percentage of the total apportionments in each fiscal year under Federal highway provisions shall not be less than 90 percent of the percentage of estimated tax payments attributable to highway users in such State paid into the HTF (other than the Mass Transit Account) in the latest fiscal year for which data is available. Authorizes a State, subject to approval by the Secretary, to obligate: (1) UMS and flexible program funds for the construction of pedestrian walkways and bicycle transportation facilities on land adjacent to any highway on a Federal-aid system (other than the IS); and (2) NHS funds for such construction adjacent to any highway funds, at the discretion of the department charged with the administration of such funds, for the construction of such walkways and facilities in conjunction with trails, roads, highways, and parkways on Federal lands. Requires each State receiving an apportionment under this title to fund, in the State transportation department, a position of bicycle and pedestrian coordinator. Authorizes, with respect to highway bridge deck replacement or rehabilitation, such replacement or rehabilitation so as to provide for the safe accommodation of bicycles, subject to certain conditions. Sets the Federal share of pedestrian walkway and bicycle transportation facility construction at 80 percent. Requires such walkways and facilities to be located and designed pursuant to an overall plan with due consideration for safety and contiguous routes. Limits the use of motorized vehicles on pedestrian walkways and trails under this title. Requires that: (1) two percent of funds made available for Indian reservation roads for each fiscal year be allocated to those Indian tribal governments applying for transportation planning; and (2) the Indian tribal government develop a TIP that includes all Indian reservation road projects proposed for funding. Directs the Secretary to: (1) conduct a study on differences between the use of funds out of the HTF on, and the designation of roads as, Indian reservation roads and rural mobility highways; and (2) report to the Congress on the results, together with any recommendations for correcting inequities identified. Requires the Secretary, within one year, to issue regulations for State development, establishment, and implementation of a system (which may include a compliance schedule and minimum standards) for managing: (1) highway pavement of the Federal-aid system; (2) bridges on and off such system; (3) highway and transportation safety; (4) traffic congestion; (5) public transportation facilities and equipment; and (6) IT facilities and systems. Directs the Secretary to issue guidelines and requirements for the State development, establishment, and implementation of a traffic monitoring system for highways and public transportation facilities and equipment. Sets forth additional provisions with respect to State requirements, intermodal requirements, reporting requirements, and funding. Authorizes appropriations for congestion relief projects. Directs the Secretary to: (1) carry out research, development, and technology transfer activities to promote the safe operation and maintenance of commercial motor vehicles in interstate commerce; and (2) make grants to, and enter into cooperative agreements with, a not-for-profit membership organization that has been engaged exclusively in truck-related research and education since 1985. Sets the Federal share of such activities at 100 percent. Authorizes appropriations. Sets forth reporting requirements. Prohibits: (1) the discovery (current law only bars the admission as evidence) of certain reports and surveys compiled to develop a highway safety construction improvement project to enhance the safety of potential accident sites or hazardous conditions; and (2) the Secretary from using iron in highway or urban transit projects (current law specifies only steel and manufactured products used in such projects) that has not be produced in the United States. Sets forth provisions with respect to: (1) relocation assistance regulations relating to the Rural Electrification Administration; (2) a temporary matching fund waiver regarding qualifying State projects; (3) repayment of increases in the Federal share; and (4) deductions from State apportionments where a State has not made the required repayment on or before March 30, 1994. Identifies high priority corridors on the NHS. Directs the Secretary to: (1) include all such corridors on the proposed NHS submitted to the Congress; (2) prepare a long-range plan for the upgrading of each corridor to the appropriate standard for highways on the NHS, including separate plans for developing the corridor and financing the development; (3) prepare feasibility and design studies, as necessary, for those corridors for which such studies have not been prepared; and (4) use procedures for acceleration of projects in carrying out projects on high priority corridors. Requires each State in which a priority segment is located to prepare a detailed plan for completion of construction of such segment and for financing such construction. Authorizes appropriations. Sets forth criteria for States to use in selecting high priority segments of corridors of national significance. Authorizes appropriations out of the HTF for feasibility and design studies under this title. Directs the Secretary to establish a Priority Corridor Revolving Loan Fund. Authorizes the Secretary to make grants under a highway bridge research and demonstration program. Directs the Secretary to: (1) take such action as necessary to ensure that information and technology resulting from such research is made available to State and local transportation departments and other interested persons; and (2) make grants to States for construction of highway timber bridges on the RMS. Sets forth provisions with respect to applications, approval criteria, the Federal share, and funding for such grants. Requires the Secretary to carry out a program for ferry boat construction. Bars the Secretary from disapproving, for five years, a highway project solely on the ground that it includes the use of asphalt containing recycled rubber. Directs the Secretary to: (1) gather information and recommendations concerning such use in highway projects from those States that have extensively researched and experimented with such use and make available such information and recommendations to interested States; and (2) conduct a study on such use, the benefits of such use, and the utilization of other recycled materials in asphalt and report the results within two years to the Congress. Directs the Secretary to carry out highway use tax evasion projects, subject to specified limitations. Authorizes the Secretary to allocate specified funds to the Internal Revenue Service and the States for such purposes. Requires the Secretary to establish an advisory committee to prepare a plan to carry out and coordinate highway use tax evasion projects, monitor the results, provide progress reports to the Secretary, and make recommendations to the Secretary for the distribution of funds. Sets forth provisions with respect to: (1) termination of such committee; (2) State certification requirements (that the State will maintain motor fuel tax enforcement activities at a certain level); (3) reporting requirements; and (4) funding of such projects. Authorizes the Secretary to approve substitute highway, bus transit, and light rail transit projects in lieu of construction of the I-94 East-West Transitway project in Milwaukee and Waukesha counties, Wisconsin. Directs the Army Corps of Engineers, the Environmental Protection Agency, and the FHWA to suspend, for a period of five years from completion of Interstate Route 287 in New Jersey (NJ), the enforcement or implementation of the requirement of the Corps' permit, with respect to the construction of such route, that a wetland mitigation site in Wayne, New Jersey, be in place prior to the opening of the route. Directs the Secretary to: (1) establish within DOT an advisory committee to assist the Secretary with respect to the establishment of a national scenic byways program; and (2) provide technical assistance and make grants to the States for the planning, design, and development of State scenic byways programs. Sets forth provisions with respect to: (1) the membership, function, and reporting requirements of such committee; (2) the Federal share (80 percent); and (3) additional funding provisions. Directs the Secretary to carry out a highway project in Arkansas to demonstrate: (1) the benefits of providing training to county and town traffic officials in the need for and application of uniform traffic control devices; and (2) the safety benefits of providing for adequate and safe warning and regulatory signs. Authorizes appropriations. Sets forth reporting requirements. Authorizes the Secretary to carry out specified: (1) rural access projects; and (2) urban access and mobility projects. Authorizes appropriations. Directs: (1) the Secretary to carry out a project to make modifications to bridges necessary for the Secretary of the Army to carry out a project for flood control at Molly Ann's Brook, New Jersey; and (2) the Governor of New Jersey to carry out all the responsibilities of the Secretary with respect to a highway construction project in Passaic County, New Jersey. Sets forth provisions with respect to certain regulatory interpretations concerning: (1) the coating of steel; and (2) the funding of fusees and flares. Directs the Secretary to conduct a study of the progress being made by the States in adopting and implementing a uniform system for handicapped parking. Sets forth reporting requirements. Requires: (1) not less than five percent of the mileage of roadside barriers installed along Federal-aid highways within the boundaries of a State in each calendar year to be innovative safety barriers; and (2) each State to annually certify to the Secretary the Secretary compliance with such requirement. Directs the Secretary to conduct a survey to identify current State standards (to determine the necessity of upgrading such standards to enhance highway safety) relating to geometric design, traffic control devices, roadside safety, safety appurtenance design, uniform traffic control devices, and sign legibility and directional clarity for all Federal-aid highways, taking into consideration posted speed limits as they relate to highway design. Sets forth reporting requirements. Sets forth: (1) the effective date of this title; and (2) provisions with respect to the availability and transferability of unobligated balances. Authorizes appropriations. Authorizes the Secretary to carry out specified advanced technology projects. Authorizes appropriations. Title II: Highway Safety - Requires (as a prerequisite to the Secretary's approval) that each State's highway safety program include the following programs: (1) drunk driving; (2) speeding; (3) occupant protection; (4) emergency medical services; (5) uniform data collection and reporting; (6) accident location; (7) highway design, construction, and maintenance; and (8) traffic engineering. Permits the Secretary to approve a State's highway safety program only if it includes three or more of the following programs: (1) bicycle safety; (2) pedestrian safety; (3) school bus safety; (4) traffic record system; (5) police traffic services; (6) motorcycle safety; and (7) such other programs as the Secretary may establish by regulation. Bars the Secretary from approving a State highway safety program that does not provide: (1) that at least 40 percent of Federal funds apportioned to the State for a fiscal year be expended by the political subdivisions of the State, including Indian tribal governments (current law makes no mention of tribal governments); and (2) adequate and reasonable access for the safe and convenient movement of individuals with disabilities (currently, physically handicapped persons). Authorizes the Secretary to waive the 40 percent requirement whenever the Secretary determines that there are an insufficient number of local highway safety programs to justify the expenditure in the State of such percentage of Federal funds during the fiscal year. Directs the Secretary to issue regulations establishing minimum standards for State highway safety programs to be approved under this title which: (1) with respect to the drunk driving, speeding, occupant protection, and police traffic services programs, must include public information, education, and law enforcement components; and (2) may require a State highway safety program to include adoption and enforcement of State law authorizing the use of automatic speed detection devices by law enforcement officers. Specifies that such highway safety requirements and regulations shall, to the extent deemed appropriate by the Secretary, be applicable to federally administered areas where a Federal agency controls the highways or supervises traffic operations. Applies provisions of this title to Indian reservations. Specifies that 95 percent of the funds apportioned to the Secretary of the Interior under this title shall be expended by Indian tribes to carry out highway safety programs within their jurisdictions. Bars the admission as evidence, or use in any action for damages, of traffic record system data. Sets forth reporting requirements with respect to legislation necessary to implement programs developed by the Secretary to reduce traffic-related deaths and injuries. Revises highway safety research and development provisions to authorize the Secretary to: (1) use appropriated funds to engage in research on all phases of highway safety and traffic conditions; and (2) undertake, on a cost-shared basis, collaborative research and development with non-Federal entities which may include crash data collection and analysis, driver and pedestrian behavior, and demonstrations of technology. Bars the Secretary from agreeing to provide more than 50 percent of the cost of any such research and development project. Revises drunk driving provisions to authorize the Secretary to make grants to States which adopt and implement effective programs to reduce traffic safety problems resulting from persons driving while under the influence of alcohol or a controlled substance. Requires States, to be eligible for basic grants, to provide for: (1) the prompt suspension, for a period of not less than 90 days for a first offender and one year for a repeat offender, of the driver's license of any individual who a law enforcement officer has probable cause under State law to believe has committed an alcohol-related traffic offense and who is determined, based on one or more chemical tests, to be intoxicated or who refuses to submit to such a test; (2) a mandatory sentence, not subject to suspension or probation, of imprisonment for not less than 48 consecutive hours or not less than 100 days of community service, of any person convicted of driving while intoxicated (as defined by this Act) more than once in any five-year period; (3) a statewide program for stopping motor vehicles on a nondiscriminatory, lawful basis to determine whether or not operators of such vehicles are driving while under the influence of alcohol; and (4) a self-sustaining drunk driving prevention program under which a significant portion of the fines or surcharges collected from individuals apprehended and fined for operating a motor vehicle while under the influence of alcohol are returned, or an equivalent amount of non-Federal funds are provided, to those communities which have comprehensive programs for the prevention of such operation of motor vehicles. Modifies or adds provisions with respect to supplemental grants, limits on administrative expenses, apportionment of funds, and reapportionment of noneligible State funds. Authorizes the Secretary, in the case of a local highway program carried out by an Indian tribe with insufficient funds to meet the non-Federal cost of such program, to increase the Federal share of the cost. Authorizes the Secretary to make grants to States which have in effect specified State motorcycle helmet and safety belt use laws, to: (1) educate the public about motorcycle and passenger vehicle safety, and motorcycle helmet, safety belt, and child restraint system use and to involve public health education and other related agencies in such efforts; and (2) train law enforcement officers in the enforcement of, monitor the rate or compliance with, and enforce, such laws. Sets forth provisions with respect to: (1) the maintenance of State expenditures for traffic safety programs; (2) the Federal share of the cost; (3) eligibility requirements; (4) measuring rates of compliance; and (5) penalties for failing to have in effect such laws. Authorizes appropriations. Authorizes appropriations for: (1) NHTSA highway safety programs; and (2) the alcohol traffic safety incentive grant program. Directs the Secretary, acting through the NHTSA, to establish a regional program for implementation of drug recognition programs and for training law enforcement officers to recognize and identify individuals who are operating a motor vehicle while under the influence of alcohol or one or more controlled substances or other drugs. Authorizes appropriations. Amends the National Driver Register Act of 1982 to make authorizations of appropriations for highway safety educational programming and a study of the use of mass media to educate the public about ways of reducing the number and severity of highway accidents. Title III: Federal Transit Act of 1991 - Federal Transit Act of 1991 - Amends Federal law to rename the Urban Mass Transportation Administration of the Department of Transportation the Federal Transit Administration. Amends the Urban Mass Transportation Act of 1964 (the Act) to delete specified provisions relating to the authority of the Secretary of Transportation (Secretary) to issue letters of intent with respect to grants and loans for mass transportation projects. Directs the Secretary to apportion certain amounts for FY 1992 through 1996 for rail and guideway modernization for certain urbanized areas. Earmarks a portion of the funds made available for construction of new fixed guideway systems and extensions for obligation at the Secretary's discretion for systems planning, alternative analysis, and preliminary engineering. Earmarks a specified amount at the Secretary's discretion for grants to States and local public bodies and agencies to prevent crime and to increase security in existing and future transit systems. Revises certain criteria to prohibit the making of grants or loans for construction of new fixed guideway systems or extensions unless such proposed projects: (1) have undergone a cost-effectiveness analysis; and (2) are included, after September 30, 1992, in a transportation improvement program. Requires the Secretary to report annually to specified congressional committees on factors which the Secretary considers they should use in authorizing such projects. Allocates on a percentage basis grants or loans for mass transportation projects for FY 1992 through 1996 for: (1) rail modernization; (2) construction of new fixed guideway systems and extensions to such systems;(3) replacement, rehabilitation, and purchase of buses and related equipment and the construction of bus-related facilities; and (4) apportionments to States for eligible capital projects and Federal highway programs. Prohibits States (other than the Commonwealth of the Northern Mariana Islands, Guam, American Samoa, and the Virgin Islands) from receiving for any fiscal year beginning after September 30, 1991, less than one-third of one percent of funds available from the Mass Transit Account of the Highway Trust Fund for transportation projects under this Act. Treats such named territories together as one State. Makes provisions of title 23 of the United States Code (relating to Federal-aid highway projects) applicable to State projects that are funded under this Act. Sets at 80 percent (or any lower percentage mandated) the Federal share of costs with respect to Federal-aid highway and mass transportation projects. Authorizes the remainder of net project costs of a planned extension to a fixed guideway system to include the cost of rolling stock previously purchased if an applicant demonstrates that such purchase was made: (1) solely with non-Federal funds; and (2) for use on such extension. Increases the percentages of block grant funds available for expenditure for mass transportation projects in urbanized areas with more than, and less than, a population of 200,000, respectively. Extends the Secretary's authority to investigate safety conditions of mass transportation projects financed under the block grant program. Redefines the term "associated capital maintenance items" to include supplies. Provides for an annual increase in the amount of mass transportation funds that may be used for operating assistance by urbanized areas regardless of size (currently, for urbanized areas with less than a population of 200,000). Authorizes States to transfer their apportionment of mass transportation block grant funds for urbanized areas with populations with less than 200,000 to their apportionment for Federal-aid highway projects. Requires contracts for engineering and design services with respect to mass transportation projects to be performed and audited in compliance with cost principles contained in the Federal acquisition regulations of the Code of Federal Regulations. Defines "transit" to mean mass transportation. Authorizes the Secretary to transfer to any public body for any public purpose facilities and equipment and other assets (including land) acquired by a recipient of Federal transportation funds but no longer needed. Sets forth specified determinations to be made by the Secretary with respect to the transfer of such assets for purposes other than for mass transportation. Defines a turnkey system project as a vendor-specific project under which a recipient contracts with a vendor to build a transit system that meets specific performance criteria and which is operated by such vendor for a period of time. Authorizes the Secretary to allow the solicitation for a turnkey system project to be conditionally awarded before Federal requirements are met so long as such award is made without prejudice to such requirements. Authorizes transit service providers who receive Federal transportation assistance under programs for elderly and handicapped persons and rural transportation programs to assist in providing meal delivery service for homebound persons if such service does not conflict with the provision, or result in a reduction, of mass transportation services. Authorizes States to transfer portions of their apportionment of formula grants for public transportation projects in rural areas to their apportionment for Federal-aid highway projects. Requires the Secretary, before apportioning any such formula grants after September 30, 1991, to set aside a specified amount for the development and support of intercity bus transportation. Defines the term "construction" with regard to transportation construction projects to include acquisition of materials and supplies. Authorizes appropriations from the Treasury and the Mass Transit Account of the Highway Trust Fund for FY 1992 through 1996 for: (1) block grants for mass transportation projects in urbanized areas; (2) formula grants for public transportation projects in rural areas; (3) mass transportation and construction projects; (4) rural transportation programs; (5) mass transportation services for elderly and handicapped persons; (6) projects for the deployment of innovative techniques and methods in the management and operation of public transportation services; (7) transportation research, development, and demonstration projects; (8) long-range transportation planning programs and technical studies; (9) grants to public and private nonprofit educational institutions to assist in establishing comprehensive research in the problems of transportation urban areas; (10) rural transit assistance programs; (11) human resources programs in public transportation activities; (12) administrative expenses of the Secretary; and (13) university transportation centers. Makes funds available from the Highway Trust Fund (other than the Mass Transit Account) for FY 1992 through 1996 for such transportation centers. Makes specified Federal transportation funds available to the Secretary for making grants, or entering into contracts, for: (1) transportation research, development, and demonstration projects; (2) long-range transportation planning programs and technical studies; (3) fellowships for training of personnel employed in managerial, technical, and professional positions in the public transportation field; (4) public and private nonprofit educational institutions to assist in establishing comprehensive research in the problems of transportation in urban areas; (5) rural transit assistance programs; or (6) human resources programs in public transportation activities. Requires the Secretary to make a specified amount of such funds available for transit-related technical assistance, demonstration programs, special demonstration initiatives, research, public education, and other activities that the Secretary deems appropriate to help transit providers comply with the Americans With Disabilities Act of 1990. Authorizes the Secretary to undertake a program of transit technology development. Requires the Secretary to establish an industry technical panel to assist in identifying priority technology development areas and in establishing guidelines for project development, project cost sharing, and project execution. Earmarks a specified amount of funds for: (1) State transit cooperative research programs; and (2) State and local transportation planning, research, and training in urbanized areas. Requires the Secretary, as part of the transit cooperative research program, to establish an independent governing board to recommend transit research, development, and technology transfer activities. Authorizes the Secretary to make grants to, and enter into cooperative agreements with, the National Academy of Sciences to implement such activities. Requires the Secretary to report biennially to specified congressional committees an estimate of the future transit needs of the Nation, including in rural areas (particularly access to health care facilities). Requires the Secretary to enter into a full funding grant agreement for the provision of Federal transportation assistance to the New Jersey Urban Core Project. Exempts such project from certain requirements under the Act relating to criteria for new construction of fixed guideway systems. Directs the Secretary to complete a draft environmental impact statement for an extension of the San Francisco Bay Area Rapid Transit District (BART) to the San Francisco International Airport. Directs the Secretary to make grants to BART and to Santa Clara County Transit District (SCCTD) to conduct preliminary engineering and complete environmental impact statements on the locally preferred alternative for the extension of Bart to the San Francisco International Airport and for the Tasman Corridor Project. Sets forth a schedule for approval of the construction of such projects. Directs the Secretary, upon such approval, to execute a multiyear grant agreement with BART to permit the expenditure of funds for the construction of the BART San Francisco International Airport Extension and with SCCTD for the construction of the Tasman Corridor Project. Requires the Secretary to execute full funding grant agreements (consistent with Metropolitan Transportation Commission Resolution No. 1876) with BART for Colma and the San Francisco International Airport, and with SCCTD for the Tasman Corridor Project. Directs the Secretary to enter into a full funding grant agreement with a public transportation authority for construction of a suspended light rail system technology pilot project in Altoona, Pennsylvania. Requires the Secretary, not later than April 1, 1992, to complete and publish in the Federal Register a final supplemental environmental impact statement for Minimum Operable Segment-3 (other than the East Side Extension) of the Los Angeles Metro Rail Project. Requires the Secretary to negotiate with the Los Angeles County Transportation Commission on an amendment to a specified full funding contract for construction of Minimum Operable Segment-2 of the Los Angeles Metro Rail Project in order to include construction of Minimum Operable Segment-3, including a commitment for Federal funding for the East Side Extension, in such contract. Directs the Secretary to enter into multiyear grant agreements with certain States for the construction of specified transportation projects. Directs the Federal Transit Administration to allow petroleum violation escrow account funds spent by the New Jersey Transit Corporation on transit improvements to be applied as credit towards the non-Federal match for any transit project funded under the Act. Increases the limitation on operating assistance for the Niagara Frontier Transit Authority by $4,000,000 to provide assistance for the World University Games. Forgives the outstanding balance on a specified grant agreement made to the Fayettville Transit Authority, North Carolina. Extends the repayment period on the outstanding balances due on certain loans made to the Southeastern Pennsylvania Transit Authority. Title IV: Motor Carrier Act of 1991 - Motor Carrier Act of 1991 - Amends the Surface Transportation Assistance Act of 1982 to add as conditions for approval of State plans (to be eligible for commercial motor vehicle safety enforcement grants) that such plans ensure that: (1) activities funded under such Act do not diminish the effectiveness of development and implementation of commercial motor vehicle safety programs; (2) fines imposed and collected by the State for violations of commercial motor vehicle safety regulations will be reasonable and appropriate; and (3) the designated State agency will coordinate the plan with respect to commercial motor vehicle safety with the State highway safety plan. Requires State plans to provide for maintenance of the level of expenditures for enforcement of commercial motor vehicle size and weight limitations, drug interdiction, and State traffic safety laws and regulations as conditions for approval of such plans. Authorizes a State, subject to specified limitations, to use grant funds for: (1) enforcement of commercial motor vehicle size and weight limitations at locations other than fixed weight facilities, at specified geographical locations (such as steep grades or mountainous terrains), or at seaports where intermodal shipping containers enter and exit the United States; (2) detecting the unlawful presence of controlled substances in a commercial motor vehicle or on the person of any occupant of such vehicle; and (3) enforcement of State traffic laws and regulations designed to promote safe operation of commercial motor vehicles. Authorizes appropriations. Makes grants available for expenditure by States for a period of three (currently, one) years, to be available until expended (currently, for the fiscal year and the three succeeding fiscal years). Authorizes the Secretary to deduct up to one (currently, one half) percent of funds made available for administering the grant program in specified fiscal years. Directs the Secretary, on October 1 of each fiscal year, or as soon thereafter as is practicable, to allocate (after making such deduction) among the States whose applications for grants have been approved, the funds authorized to be appropriated for such fiscal year pursuant to criteria established by the Secretary. Requires the Secretary to obligate funds for specified fiscal years for: (1) training of hazardous materials inspectors; (2) commercial motor vehicle information system review; (3) the truck and bus accident data grant program; and (4) research, development, demonstration, and training manuals. Authorizes appropriations for motor carrier safety functions of the FHWA. Sets forth reporting requirements. Authorizes the Secretary to: (1) establish, as part of the motor carrier safety information network system of DOT and similar State systems, an information system (paid for by user fees) which will serve as a clearinghouse and depository of information pertaining to State registration and licensing of commercial motor vehicles and the safety fitness of the registrants of such vehicles; and (2) authorize the operation of such system by contract, through an agreement with a State or States, or by designating a third party which represents the interests of the States. Directs the Secretary to: (1) conduct a review of State motor vehicle registration systems pertaining to license tags for commercial motor vehicles; (2) establish standards to ensure uniform data collection and reporting by all States; and (3) include, as part of the information system established under this title, information on the safety fitness of the registrant of the commercial motor vehicle and such other information as the Secretary considers appropriate. Directs the Secretary to make grants to States: (1) to carry out a project to demonstrate methods of establishing an information system which will link the motor carrier safety information network system of DOT and similar State systems with the motor vehicle registration and licensing systems of the States; (2) which agree to adopt, or have adopted, the recommendation of the National Governors' Association with respect to police accident reports for truck and bus accidents; (3) and to other persons for research, development, demonstrations, and information systems designed to promote commercial motor vehicle safety and which will be beneficial to all U.S. jurisdictions; and (4) to assist in educating the motoring public on its shared responsibility with operators of commercial motor vehicles for highway safety. Authorizes the Secretary to pay for the development, printing, and publication of manuals or other materials used in training roadside inspectors of commercial motor vehicles. Prohibits any State, effective January 1, 1994, from requiring a motor carrier holding a certificate or permit (certificate) issued under this title to: (1) file and maintain such certificate; (2) register motor vehicles operated under such certificate; (3) display or carry on any vehicle a decal, stamp, cab card, or other means of identification evidencing the lawfulness of any transportation or service provided under such certificate; or (4) pay a fee with respect to any such activities. Specifies that nothing in this title shall be construed as limiting the authority of a State to require a motor carrier to file and maintain proof of insurance or qualification as a self-insurer. Provides for reimbursements to States for specified loss revenues in FY 1992, subject to certain requirements. Bars States from allowing on the IS and those classes of qualifying Federal-aid primary system highways as designated by the Secretary any commercial motor vehicle with two or more cargo carrying units (not including the truck tractor), whose cargo carrying units are of a length greater than were authorized by State statute or regulation and were being lawfully operated on the IS and such classes of highways on or before June 1, 1991, with specified exceptions. Makes separate requirements for Wyoming. Sets forth provisions with respect to: (1) additional State restrictions; (2) the publication of State laws governing such vehicles; and (3) State certifications (of such vehicles which are permitted), review of certifications, and related requirements. Directs: (1) the Secretary to initiate a rulemaking (within 60 days) and issue a final regulation (within two years) establishing minimum training requirements for operators of LCVs; (2) the Comptroller General to conduct a study of the safety of LCVs; (3) the Secretary to conduct a study comparing the effects of driving LCVs and driving other truck-trailer combination vehicles on drivers, including driver fatigue; and (4) the Secretary to conduct tests with respect to the operations of LCVs. Sets forth reporting requirements. Requires the Secretary to establish a working group to: (1) establish procedures for resolving disputes among States participating in the International Registration Plan (the interstate agreement for the apportionment of vehicle registration fees paid by motor carriers, developed by the American Association of Motor Vehicle Administrators); (2) provide technical assistance to States participating in the Plan; and (3) make grants to States and appropriate persons to facilitate participation in the Plan. Sets forth reporting requirements. Specifies that, after September 30, 1996, no State (other than a State which is participating in the Plan) shall establish, maintain, or enforce any law or regulation which limits the operation of any commercial motor vehicle within its borders which is not registered under the laws of the State if the vehicle is registered under the laws of any other State. Authorizes: (1) and directs the Attorney General, upon the request of the Secretary, to institute a civil action for injunctive relief to assure compliance with such vehicle registration requirement; and (2) the court to issue a mandatory injunction (and directs the court to issue a temporary restraining order or preliminary or permanent injunction, upon a proper showing) to assure such compliance. Authorizes appropriations. Permits a common carrier to establish a rate and related rule equal to the rate charged for the transportation of one individual when that rate is for the transportation of: (1) a disabled individual and accompanying attendant (as under current law) or animal trained to assist the individual, or both, when required because of the disability; or (2) a hearing-impaired individual and a dog trained to assist the individual. Title V: Intermodal Transportation - Declares it to be Government policy to encourage and promote a national IT system in the United States. Includes among the duties of the Secretary to coordinate Federal policy on IT and initiate policies to promote efficient IT in the United States. Requires: (1) the Secretary to establish within DOT an Office of Intermodalism, headed by a Director; and (2) the Director to develop and maintain an IT data base (and make information from such data base available to private individuals and public agencies), to be responsible for coordinating Federal research on IT and for carrying out research needs identified by the National Commission on Intermodal Transportation (established pursuant to this Act), and to provide technical assistance to States and MPOs in urban areas having a population of 1,000,000 or more in collecting data relating to IT to facilitate the collection of such data. Directs the Secretary to make grants to not more than six States for the purpose of developing model State IT plans, including systems for collecting data relating to IT, subject to specified requirements. Establishes a National Commission on Intermodal Transportation to investigate and study IT in the United States and internationally, including: (1) intermodal standardization; (2) intermodal impacts on public works infrastructure; (3) legal impediments to efficient IT; (4) financial impediments; (5) new technologies; (6) documentation; (7) research and development; and (8) productivity. Sets forth provisions with respect to the membership and qualifications, and termination, of such Commission, compensation, terms of office, vacancies, travel expenses, staff, administrative support, and obtaining official data. Sets forth reporting requirements. Authorizes the Secretary to carry out specified priority IT projects. Authorizes appropriations.
United States · United States Congress · 16 July 1991
Social Security Protection Act of 1991 - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to exclude the appropriations for the administration of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund from Federal budget deficit calculations and to exempt such appropriations from sequestration under such Act.
United States · United States Congress · 27 June 1991
Earthquake Hazard Reduction Amendments Act - Amends the Earthquake Hazards Reduction Act of 1977 to mandate identification of earthquake-prone States. Establishes the Earthquake Loss Mitigation Advisory Committee. Requires development of comprehensive earthquake loss-reduction criteria for State and local land use and management ordinances, building codes, and other measures. Requires that a percentage of the annual earthquake insurance premiums collected under the Primary Insurance program enacted by this Act be deposited in the Self-Sustaining Mitigation Fund to support specified hazard reduction activities. Requires the Director to support public education programs. Provides for assistance, to the extent provided for in appropriations Acts, to States which are in compliance with the loss-reduction criteria of this Act to support development and implementation of mitigation plans. Prohibits making, increasing, extending, or renewing any federally-related mortgage loan secured by: (1) residential property in an earthquake-prone State unless the property is covered by earthquake insurance coverage under this Act or equivalent private insurance; or (2) improved real estate or a mobile home located in an earthquake-prone State if the State is not in compliance with the loss-reduction criteria of this Act and the property does not meet minimum mitigation criteria. Establishes the Primary Insurance Program against loss from any earthquake. Requires the Director to arrange for participation, on other than a risk-sharing basis, by private insurers, insurance agents and brokers, insurance adjustment organizations, and others. Mandates development of a plan of operation for the Insurance Fund and the Reinsurance Fund. Limits Program coverage to residential property in earthquake-prone States. Establishes an independent advisory committee in the executive branch to be known as the Earthquake Insurance and Reinsurance Advisory Committee. Establishes in the Treasury the Residential Property Insurance Fund to carry out the Primary Insurance Program. Credits to the Insurance Fund premiums received by the Program. Requires, if gross reimbursements to private insurers exceeds amounts in the Insurance Fund, loans from the industry for ten percent of the additional losses, with the remaining amounts borrowed from the Treasury and backed by the full faith and credit of the United States. Requires the Director to make reinsurance and excess reinsurance available to private insurers participating in the Program and their reinsurers. Provides for the excess reinsurance liability of the insurance industry and the Federal Government. Specifies the lines of insurance for which reinsurance coverage must be provided. Establishes in the Treasury the Reinsurance Fund to carry out the excess loss reinsurance program. Credits to the Fund any reinsurance premiums received under the excess loss reinsurance program and amounts borrowed from the Treasury under this Act. Requires the Director, to the extent that the Reinsurance Fund is insufficient to pay claims and expenses, to issue to the Secretary of the Treasury obligations to cover the insufficiency.
United States · United States Congress · 27 June 1991
Drug Treatment and Prevention Act of 1991 - Amends the Public Health Service Act (PHSA) to direct the Secretary of Health and Human Services to: (1) establish a capacity expansion program that will provide grants to assist States to expand their capacity to provide effective and comprehensive treatment to individuals who use illegal drugs; and (2) award such grants to States in which a demand for drug treatment services exceeds the capacity of organizations operating in those States to provide such services. Sets forth application procedures, Federal funding limitations, and other requirements with respect to such program. Specifies that funds provided under this Act for such program shall supplement, not supplant, existing or planned drug treatment services in a State and shall be available only for the provision of direct treatment services. Authorizes appropriations. Amends the Drug-Free Schools and Communities Act of 1986 to revise provisions with respect to emergency grants to authorize the Secretary to make drug-free schools emergency target grants to eligible local educational agencies (LEAs) and consortia of LEAs (currently, limited to LEAs) that: (1) demonstrate significant need for additional assistance for purposes of reducing and preventing drug and alcohol use and drug-related crime among students served by such agencies (currently, to combat drug and alcohol use among such students); (2) support projects that require cooperative linkages between schools and communities to reduce and prevent drug and alcohol use among schoolchildren; (3) demonstrate the most effective approaches to reducing and preventing drug and alcohol use among schoolchildren; and (4) promote the goal that every school in America will be free of drugs and violence and will offer a discipined environment conducive to learning. Specifies: (1) authorized activities by LEAs with grant funds; and (2) eligibility and application requirements for such grants by LEAs and consortia of LEAs. Directs the Secretary, in awarding grants, to give special preference to applications that: (1) hold particular promise for reducing and preventing the incidence of drug and alcohol use and drug-related violence in elementary and secondary schools; (2) are based on a rigorous and comprehensive research design; and (3) have demonstrated that they will integrate the resources of families, community groups, and the media into an effective, community-based assault on drug and alcohol use in schools. Requires the Secretary to conduct an evaluation of this program. Sets forth provisions with respect to: (1) grant amounts and distribution of funds; and (2) set-asides from appropriations to conduct such evaluation, provide training and technical assistance to LEAs, and disseminate the results of the program. Authorizes approriations. Requires a local or intermediate educational agency or consortium to include in any application to the State educational agency for a drug and alcohol abuse prevention grant a statement of how any emergency target grants funded by the Government under this Act are integrated into the overall prevention plan set forth in the application. Amends the PHSA to require a State, in order to receive specified Federal funds, to develop, implement, and submit for approval a statewide drug treatment and prevention plan, which shall designate a single State agency for developing and implementing the plan. Sets forth plan and reporting requirements. Requires States to maintain expenditures for drug-related services at a level equal to not less than the average amount of such expenditures for the preceding two years to qualify for grants, subject to waiver by the Secretary under specified circumstances.
United States · United States Congress · 27 June 1991
Rural Schools of America (RSA) Act of 1991 - Title I: Rural School Improvement - Authorizes appropriations for this title. Directs the Secretary of Education (the Secretary) to reserve five percent of specified funds for competitive grant awards to exemplary school programs. Directs the Secretary to allot, from remaining amounts, to each eligible local educational agency (LEA) with an approved application an amount based on that LEA's relative allocation under certain provisions of the Elementary and Secondary Education Act of 1965 for education of disadvantaged children (ESEA title I chapter 1). Provides for annual payments to eligible LEAs with approved applications if they comply with certain data collection requirements to monitor progress toward meeting national education goals, and demonstrate such progress. Requires each such LEA to reserve up to five percent of its allotment to make as many grants as practicable, for authorized activities, to community-based organizations or nonprofit partnerships between the LEA and an area-wide collaborative of private sector businesses. Sets limits on the time and the amount of funds to be used for planning purposes. Requires LEAs to use funds under this title to meet national education goals through programs designed to: (1) increase the academic achievement of rural school children to at least the national average; (2) prepare all rural children for school; (3) increase the graduation rates of rural students to at least the national average; (4) prepare rural school graduates to enter higher education, pursue careers, and exercise their responsibilities as citizens; (5) recruit and retain qualified teachers; and (6) decrease the use of drugs and alcohol by rural students, and enhance their physical and emotional health. Sets forth program accountability requirements: (1) in general, for initial grants, renewal grants, and renewal of school participation; (2) for achievement, including demonstration of improvement; and (3) for data collection certification and to monitor progress in achieving national education goals. Authorizes the Secretary to make, from reserved funds, competitive incentive awards to individual schools participating in projects assisted under this title that demonstrate exemplary progress in meeting specified program requirements. Directs the Secretary, by January 1, 1993, to report on the impact of Federal regulations, guidelines, and policies on rural public schools. Requires LEAs desiring to receive an allotment under this Act to establish a local advisory group to: (1) advise on design and conduct of a needs assessment for participating schools; (2) assist in planning for community-wide collaboration in service delivery for youths in participating schools; (3) advise the LEA and the community on how they can work together to use multiple service providers; and (4) advise and assist program implementation and review program evaluation; (5) review and approve community-based organizations' applications; (6) advise on strategies for increasing parental involvement and the number of school volunteers and role models; and (7) review community-based programs' progress or national education goals. Allows use of a comparable existing local advisory group to comply with such requirement. Sets forth special rules relating to ranking of schools to determine relative need, in general, on the basis of achievement, poverty, and racial isolation. Requires each LEA receiving a grant to serve between ten and 20 percent of its schools. Requires eligible LEAs to have flexibility to serve homeless children, desegregating students, immigrants, migrants, or other highly mobile populations, within the program assisted under this title. Deems any approved program for any school served under certain ESEA title I chapter 1 provisions to be sufficient to meet the application and program accountability requirements of this title. Title II: School Building Repair and Renovation - Authorizes appropriations to assist eligible LEAs in repairing and renovating instructional facilities in rural schools. Directs the Secretary to make allotments to State educational agencies based on relative allocations to LEAs under ESEA title I chapter 1. Directs each SEA after after being allowed to reserve one percent of such funds for administrative expenses, to allot the remainder to eligible LEAs, which shall use half of such allotment for programs for school building repair and renovation, and half for programs for school environmental concerns and safety improvements. (Authorizes the SEA to waive such 50 percent division in certain cases.) Directs the SEA to allocate such funds on the basis of the number of: (1) children from families below the poverty line; (2) school buildings used for instructional purposes; and (3) school buildings more than 25 years old used for instructional purposes. Limits the period covered by a grant application to three years, and requires annual review. Lists types of programs eligible LEAs must conduct with their allotments for: (1) repair and renovation of school buildings; and (2) improvements related to environmental concerns and safety. Title III: Evaluation of Results - Subtitle A: Assistant Secretary - Amends the Department of Education Organization Act to establish an Assistant Secretary for Rural Education in the Department of Education. Subtitle B: Rural School Research and Evaluation - Authorizes appropriations to carry out this subtitle. Directs the Secretary to establish for each region a National Rural Regional Education Research Center (Center), to be operated by the appropriate regional educational laboratory. Requires each Center to: (1) conduct independent research in rural education and distance learning technologies; (2) evaluate progress toward the national education goals of rural schools receivng funds under title I of this Act; (3) be rural education clearinghouses for research findings, policies, and practices; (4) develop measurements of rural schools' progress; (5) disseminate evaluation and research results to other centers and rural school districts and parents; (6) arrange collaboration and consortia among rural schools in the region for joint research and evaluation; (7) replicate successful models and program approaches; (8) provide technical assistance and outreach services for schools; (9) provide staff training; and (10) develop curricula to assist rural schools in moving toward meeting the national education goals. Requires each Center to reserve 25 percent of funds received under this subtitle for direct grants to rural eligible LEAs within its region, which are participating in a program assisted under title I of this Act, to conduct local school district research and evaluation of efforts toward meeting the national education goals. Title IV: General Provisions - Establishes the Interagency Council on Rural Schools to: (1) review Federal programs to determine effects on and rural schools' ability to meet national education goals; (2) track school progress toward and such goals; (3) solicit advice and information for rural education experts and rural school representatives on improvement of Federal programs; (4) review Federal regulations for duplication or contradiction; (5) report annually to the Congress and the President on rural school progress; (6) review and recommend improvement for streamlining of Federal data collection in rural schools; and (7) conduct research to help rural school practitioners improve school performance. Directs the President to conduct a White House Conference on Rural Education before October 30, 1994. Requires the Conference to: (1) develop recommendations and strategies for improving rural education; (2) marshal the forces of the private sector, governmental agencies at all levels, parents, teachers, communities, and education officials to assist rural schools in meeting national goals; and (3) conduct initial planning for a permanent national advisory commission on rural education. Requires reports to the President. Authorizes appropriations for such Conference. Establishes the Carl D. Perkins National Commission on Rural Education (the Commission). Directs the Commission to: (1) study specified issues relating to rural schools; and (2) report, and recommend changes in Federal legislation, to the President and appropriate congressional committees. Terminates the Commission three years after its first meeting. Authorizes appropriations for the Commission. Requires eligible LEAs to use Federal funds received under this Act only to supplement but not supplant non-Federal funds.
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
GPO Wide Information Network for Data Online Act of 1991 - Directs the Superintendent of Documents to establish the GPO Windo program to provide a single point of online public access to a wide range of Federal databases containing public information. Permits depository libraries to access such databases through the program without charge. Authorizes fees for other subscribers priced at the incremental cost of dissemination.
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
Airport and Airway Trust Fund Integrity Act of 1991 - Declares that the receipts and disbursements of the Airport and Airway Trust Fund allocable to transportation-related operations shall not be counted as new budget authority, outlays, receipts, or deficit or surplus for purposes of: (1) the budget of the United States as presented by the President; (2) the congressional budget; or (3) the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Exempts the fund from sequestration orders. Amends the Congressional Budget and Impoundment Control Act of 1974 to prohibit the Senate or the House of Representatives from considering any concurrent resolution on the budget or reconciliation bill that would treat the Airport and Airway Trust Fund as part of the Federal budget. Amends the Internal Revenue Code to repeal the increase in taxes on the rates of transportation of persons and property by air and the Airport and Airway Trust Fund financing rate (for the aviation fuel tax). Provides for a credit or refund of excess taxes paid for floor stocks of aviation fuel held prior to the effective date of this Act.
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 · 13 June 1991
Domestic Energy Resources Act of 1991 - Title I: Electric Vehicle Fleet Incentive - Mandates that any person who owns, operates, leases, or otherwise controls specified motor vehicle fleets make subsequent acquisitions of which at least 50 percent are electric vehicles, unless such person meets certain minimum electric fleet requirements. Directs the Secretary of Energy (the Secretary) to allocate one credit for each electric vehicle which exceeds the statutory mandate. Sets forth civil and administrative penalties for noncompliance with this Act. Title II: Coal Research and Development Programs - Directs the Secretary to establish a research, development, and demonstration program with respect to: (1) using coal-derived liquid fuels, including ultra-clean coal-water slurries in diesel locomotive engines; and (2) using solid waste combined with coal as a fuel source for clean coal combustion technologies. Authorizes appropriations. Requires the Secretary to submit a research, development, and demonstration plan to the Congress with respect to technologies for the nonfuel use of coal. Authorizes appropriations. Directs the Secretary to conduct a research, development, demonstration, and commercialization program within the Department of Energy for specified coal refining technologies and to submit annual program status reports to the Congress for a five-year period. Authorizes appropriations.
United States · United States Congress · 12 June 1991
Authorizes the Go for Broke National Veterans Association to establish a memorial on Federal land in the District of Columbia or its environs to honor Japanese American Veterans. Prohibits any Federal funds from being used to pay any expense of the establishment of the memorial.
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 · 5 June 1991
National Child Abuser Registration Act of 1991 - Authorizes a State child abuse information repository (State repository) to report child abuser information to the National Crime Information Center. Directs the Attorney General to establish guidelines for the reporting of such information. Specifies that such guidelines shall require that: (1) a reporting State ensure that reports of all convictions under the criminal child abuse law of the State are maintained by a State repository; and (2) a State repository maintain close liaison with the National Center on Child Abuse and Neglect and the National Center for Missing and Exploited Children for the exchange of information and technical assistance in cases of child abuse. Requires the Attorney General to publish an annual statistical summary of the child abuser information reported under this Act. Makes compliance with this Act a condition to the receipt by a State of any grant, cooperative agreement, or other assistance under the Victims of Crime Act and the Child Abuse Prevention and Treatment Act.
United States · United States Congress · 5 June 1991
Communications Competitiveness and Infrastructure Modernization Act of 1991 - Title I: Communications Infrastructure Modernization Policy - Amends the Communications Act of 1934 (the Act) to establish a new national goal that by 2015 the United States will have established an advanced, interactive, interoperable broadband communications system nationwide. Requires local telephone companies to submit a plan to achieve such goal for approval by the appropriate agency in each State in which they operate. Requires disapproval only when the plan is not in the public interest. Requires such plan to give priority consideration to accelerated deployment of such a system for educational institutions, health care facilities, and small businesses. Requires such plan to provide for deployment to less densely populated and economically disadvantaged areas at a rate reasonably related to the rate of deployment in more populous and affluent areas. Requires the FCC, after final State action, to review the plan to certify compliance with the goals and objectives of this Act. Requires FCC procedures for local telephone companies to ensure coordinated communications network planning in the development of a nationwide communications infrastructure and to assure broad availability of information services. Title II: Regulatory Changes to Promote Efficient Multiple Uses of Communications Technologies - Amends the Act to establish a policy to permit multiple uses of communications technologies and to eliminate restrictions on communications technologies to single lines of services in order to promote communications technology deployment in a manner which secures communication services for the public at reasonable costs. Title III: Modification of Impediments to Convergence of Telephone and Video Technologies - Amends the Act to modify ownership restrictions to permit local telephone companies to provide video programming subject to specified regulatory safeguards to prevent anti-competitive activities only after the FCC makes the certification described under title I and certifies that the company has filed a plan pledging it to comply with such safeguards. Outlines safeguards against telephone company monopolization of the cable service industry, including those: (1) requiring separate video programming subsidiaries for telephone companies; (2) allowing competitors attachment rights to telephone poles and conduits and rights-of-way within telephone company service areas; (3) prohibiting cross-subsidization between local telephone companies and affiliated video programming subsidiaries and marketing by a local telephone company of its subsidiary's video programming; and (4) subjecting local telephone companies to local cable franchise requirements. Requires local telephone companies which distribute affiliated video programming over a broadband communications system to provide video gateway services to facilitate user access to video programming. Exempts from the safeguards outlined above a carrier which provides video programming in rural areas with a population of 10,000 or below in which it also provides local exchange service. Requires periodic FCC evaluation of the effect of the provision of video programming by telephone companies on the video marketplace and recommendations to the Congress concerning any modifications needed as a result of such evaluation. Requires FCC and State rules and regulations to prevent consumers from paying more for telephone services as a result of their local telephone company's provision of video programming. Revises multiple cable franchise provisions. Requires an FCC report to the Congress regarding competition and consumer choice in the delivery of video programming and telephone services. Requires an FCC review of the rural exemption described above to determine how to expedite access to broadband multichannel video programming for all parts of the United States. Sets forth penalties for violations of the safeguards outlined above to prevent telephone company monopolization of the cable service industry.
United States · United States Congress · 5 June 1991
Expresses the sense of the House of Representatives that: (1) U.S. businesses engaged in the rebuilding of Kuwait should, to the maximum extent possible, use U.S. subcontractors and U.S. goods and services; and (2) the Department of Commerce should monitor and encourage the implementation of this policy.
United States · United States Congress · 4 June 1991
Older Americans Long-Term Care Insurance Act of 1991 - Amends the Internal Revenue Code to require that, for the purpose of determining the income tax liability of issuers of qualified long-term insurance, the contracts be treated as accident or health insurance. Applies this provision to policies covering at least 12 consecutive months of necessary diagnostic, preventive, therapeutic, rehabilitative, or personal care services that are provided in a setting other than an acute care unit of a hospital. Directs the Secretary of Health and Human Services to: (1) submit to the Congress before 1993 a study on long-term insurance policies; and (2) report annually to the Congress regarding the certification of qualified long-term care insurance. Treats qualified long-term care insurance as accident or health insurance and its benefits as benefits for personal injuries or sickness for purposes of determining appropriate tax exclusions for employer contributions or employee benefits. Permits qualified long-term care insurance to be offered in cafeteria plans. Excludes from gross income: (1) distributions or payments from individual retirement plans that are used during the year to pay the premiums for qualified long-term care coverage of individuals aged 59 1/2 or older; and (2) amounts received upon surrender, cancellation, or exchange of a life insurance contract and used during the year to pay the premiums for qualified long-term care insurance. Provides that payments under a life insurance contract to an individual who is terminally ill or permanently confined to a nursing home shall be treated as death benefits, making such payments eligible for exclusion from gross income. Requires any reference to a life insurance contract to be treated as including a reference to a qualified accelerated death benefit rider on such contract. Describes such a rider as one which provides for payments to a terminally ill individual or one who is permanently confined to a nursing home.
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 · 29 May 1991
Amends title XVIII (Medicare) of the Social Security Act to increase payments for direct graduate medical education (DME) costs of primary care residents in the initial residency period. Provides an overall cap on approved Full Time Equivalent resident amounts. Requires hospitals to provide more compensation to primary care residents than to non-primary care residents in order to receive DME funding.
United States · United States Congress · 23 May 1991
Forests and Families Protection Act of 1991 - Title I: Establishing Long Term Program - Provides for the establishment of a long-term Bureau of Land Management (BLM) and Forest Service (FS) program to protect old growth forest, the Northern Spotted Owl, and other old growth associated species on areas of ecologically-significant old growth forest on State and Federal lands in Oregon, Washington, and Northern California selected for the Old Growth Forest Reserve to be established by the Secretaries of Agriculture and the Interior under this Act. Requires the Secretaries to: (1) submit the applicable land management plans for implementing such program for appropriate consultation required under the Endangered Species Act; and (2) review previously applied administrative constraints on resource uses on lands under their jurisdiction to minimize the impact on pre-existing land uses resulting from the establishment of the Reserve. Bars further acquisition of mineral and mining rights in the Reserve. Permits roads, structures, and motorized and nonmotorized recreation and access, and hunting and fishing in the Reserve where consistent with the requirements of this Act and other applicable law. Permits timber harvesting in certain limited circumstances and only if not proscribed for any Reserve area in the applicable forest plan. Title II: Ensuring the Effectiveness of Federal Land Planning - Amends the Federal Land Policy and Management Act of 1976 and the Forest and Rangeland Renewable Resources Planning Act of 1974 to provide additional guidance on the implementation, amendment, and revision of plans for Federal lands necessary to ensure the effectiveness of Federal land planning and that the applicable forest plans under title I of this Act and the protections which they afford the Old Growth Forest Reserve and associated species are implemented effectively. Title III: Providing An Interim Program - Provides for an interim program until the Reserve is established and applicable forest plans are adopted under title I of this Act with the same purposes as the long-term program, and for the provision of an adequate supply of timber on FS and BLM lands. Directs the Secretaries to establish an Old Growth Research Program (OGRP) to better understand and manage old growth forest ecosystems. Restricts timber sales, road construction, and mineral leasing on certain FS and BLM lands, including those within a certain radius of a Northern Spotted Owl nest site. Requires environmental impact statements on, and appropriate consultation for, the timber harvested from FS and BLM lands to ensure compliance with the National Environmental Policy Act and the Endangered Species Act. Provides for judicial review of agency decisions or actions under this title. Directs the Secretaries to publish in the Federal Register timber harvesting guidelines for Reserve areas based on OGRP work. Title IV: Economic Adjustment - Establishes the Timber Economic Adjustment Commission to provide Federal economic adjustment grants and benefit payments to the communities economically dependent on the timber on FS and BLM lands and the dislocated workers adversely affected by enactment of this Act. Outlines assistance eligibility criteria. Requires the Secretaries to notify the Commission of any Federal action likely to have a substantial impact on employment. Requires a final Commission report to the Congress and applicable State governors on economic conditions and employment in affected areas. Title V: Miscellaneous - Authorizes appropriations to carry out this Act.
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
AMERICA 2000 Excellence in Education Act - Title I: New American Schools - Authorizes financial assistance for creating New American Schools (NAS) in communities that have been designated AMERICA 2000 Communities (A2Cs). Provides that such NAS shall reflect the best thinking about teaching and learning, employ the highest-quality instructional materials and technologies, and be designed to meet the National Educational Goals as well as the particular needs of their students and communities. Directs the Secretary of Education (the Secretary) to reserve certain funds for a national program evaluation. Directs the Secretary to allocate the remaining funds among the States (and specified territories) in proportion to their respective numbers of members of Congress. Directs the Governor to nominate A2Cs to create NAS, for at least as many communities as there are members in the State's congressional delegation and at least one community in each congressional district of the State. Requires the Governor's nominations to be based on criteria established by the Secretary on the basis of expert panel advice, including: (1) the community's level of commitment and activity in the A2C initiative; (2) the community's schools' need for new and innovative educational programs; and (3) the quality of their application to the Governor. Sets forth conditions for the Secretary's approval, and for alternative nominations. Directs the Secretary to make NAS grants to selected agencies, organizations, and institutions on behalf of the selected communities. Limits any award to $1,000,000. Encourages grantees to adapt and implement one or more NAS designs developed by research and development teams funded by the NAS Development Corporation. Restricts use of such grant funds to certain special start-up costs associated with the creation and establishment of a NAS. Prohibits the use of such funds for construction or for the grantee's general administrative expenses. Requires each NAS to have obtained necessary State recognition or accreditation and to be fully operating by the start of the 1996-97 school year. Directs the Secretary, within 90 days, to convene an expert panel of educators, representatives of private business, and public representatives to advise on NAS program administration, including criteria for nomination of communities. Directs the Secretary to use reserved funds to conduct a national evaluation of NAS program impact on schools and communities and on education generally. Requires reports to the President and the Congress. Authorizes appropriations. Title II: Merit Schools - Authorizes appropriations for Merit School awards to reward public and private elementary and secondary schools and faculties that make documented progress in attaining the National Education Goals, particularly the goal of increasing students' mastery of the core academic subjects. Directs the Secretary to allocate specified funds among the States on the same basis as allocations for education of disadvantaged children under title I of the Elementary and Secondary Education Act of 1965 (the ESEA chapter 1 program). Requires Governors to submit State grant applications for a three-year period, which may be followed by an application for a two-year period. Makes specified provisions of the General Education Provisions Act (GEPA) inapplicable to this title. Specifies State use of funds for administrative costs (five percent) and Merit School awards (95 percent), with at least 20 percent of the latter earmarked for schools that demonstrate exceptional progress in improving students' performance in mathematics and science. Requires each Governor to: (1) establish a State review panel to assist in selection of Merit Schools; (2) submit annual program reports to the Secretary; and (3) apply specified national and State criteria in selecting schools. Requires each Merit School to use its award for activities to further its educational program, including staff bonus payments, college scholarships for secondary school students, special programs, equipment and materials, parental involvement, community outreach, and program replication. Prohibits State or local reduction of other assistance to the Merit School or its local educational agency. Title III: Teachers and School Leaders - Part A: Governor's Academies for Teachers - Directs the Secretary to make a one-time, five-year grant to each State to establish and operate Governor's Academies for Teachers and to recognize outstanding teachers. Requires a Governor to use the State's grant to make competitive awards to the State educational agency (SEA), local education agencies (LEAs), institutions of higher education, and other public and private organizations or consortia, to establish and operate such Academies. Allows such Academies to be operated in cooperation or consortium with those of other States. Requires each Academy to conduct a program of intensive instruction for current elementary and secondary school teachers, during the summer or the school year, focusing on the core academic disciplines of English, mathematics, science, history, and geography. Directs the Governor to allocate to each Academy funds for a program of cash awards and recognition to outstanding teachers in the core academic subject or subjects covered by the Academy program. Requires Academies to select such teachers from nominations received from various groups. Limits any such award to $5,000, but allows the recipient to choose how to use it. Authorizes appropriations. Part B: Governors' Academies for School Leaders - Directs the Secretary to make a one-time, five-year grant to each State to establish and operate a Governor's Academy for School Leaders. Requires the Governor to make competitive awards to the SEA, LEAs, institutions of higher education, and other public and private organizations or consortia, to establish and operate such an Academy. Allows such academies to be operated in cooperation or consortium with those of other States. Directs each Academy to carry out specified activities relating to school leadership training and development. Authorizes appropriations. Part C: Alternative Certification of Teachers and Principals - Authorizes appropriations to assist States to develop and implement alternative certification requirements to improve the supply of well-qualified elementary and secondary school teachers and principals. Makes certain GEPA provisions inapplicable to this part. Requires States to use such funds to support programs, projects, or activities that develop and implement new, or expand and improve existing, alternative teacher and principal certification requirements. Authorizes States to do so directly, through contracts, or through subgrants to LEAs, intermediate educational agencies, institutions of higher education, or consortia of such agencies. Title IV: Educational Reform and Flexibility - Part A: Educational Reform Through Flexibility and Accountability - Amends the General Education Provisions Act (GEPA) to establish a program for flexibility and accountability in education and related services. Directs the Secretary to assist projects for elementary and secondary schools and other service providers to improve achievement of all students and other participants, but particularly disadvantaged individuals, by authorizing waivers by which Governors, SEAs, LEAs, and other service providers can improve performance of schools and programs by increasing their flexibility in use of resources while holding them accountable for achieving educational gains. Authorizes the Secretary, in support of such projects, to waive, with specified exceptions, any statutory or regulatory requirement applicable to any program administered by the Department of Education that may impede a school or service provider from meeting the special needs of such students and other individuals. Authorizes other Federal agency heads, with the Secretary's agreement, to make similar waivers for their programs. Limits duration of projects and associated waivers to a maximum of three years; but authorizes the Secretary to extend a project and any associated waivers for an additional two years if it is making substantial progress in meeting its goals. Requires the Secretary to terminate a project and its associated waivers at any time if acceptable progress is not being made. Grants other Federal agency heads authority to determine extension or termination of their waivers. Grants the Secretary exclusive authority to extend or terminate a project. Requires each project that involves elementary or secondary schools to include participation of an SEA and at least one LEA and two schools. Requires, to the extent possible, project participation by each grade and academic program, including ESEA chapter 1 programs, in a participating school. Prohibits unreasonable concentration of available resources in participating schools, if fewer than all schools in an LEA participate. Requires each project that does not involve elementary or secondary schools to involve at least two programs, at least one of which is administered by the Secretary. Prohibits waiver of requirements: (1) in awarding new competitive grants to agencies participating in such projects; (2) relating to maintenance of effort, comparability, or equitable participation of private school students; and (3) under specified provisions of GEPA, the Civil Rights Act of 1964, the Rehabilitation Act of 1973, the Education Amendments of 1972, the Age Discrimination Act of 1975, and the Individuals with Disabilities Education Act. Sets forth requirements for reports and evaluations. Provides for the budget neutrality of such program. Part B: Amendments to Chapter 2 - Amends chapter 2 (Federal, State, and Local Partnership for Educational Improvement) of title I of the Elementary and Secondary Education Act of 1965 (ESEA chapter 2) to provide that part A funding for educational reform and improvement shall be divided equally between State and local programs (50 percent to each, while the current allocation formula requires at least 80 percent to go to local programs and not more than 20 percent to State programs). Reduces the portions of such State-level funds which: (1) may be used for State administration (from 25 to ten percent); and (2) must be used for the effective schools programs (from 20 to eight percent). Revises State application requirements to require approval by the Governor before submission to the Secretary. Includes educational choice programs among local targeted assistance programs of SEAs and LEAs. Includes, among authorized activities of such programs, any activities or expenses directly related to planning, implementing, operating, evaluating, and disseminating information about the LEA's educational choice program, including expenses of parents and children resulting from their program participation. Title V: Parental Choice of Schools - Part A: Findings - Sets forth congressional findings relating to parental choice in education. Part B: Parental Choice and Chapter 1 - Amends chapter 1 Financal Assistance to Meet Special Educational Needs of Children) of title I of the Elementary and Secondary Education Act of 1965 (ESEA chapter 1) to provide for chapter 1 services for children participating in educational choice programs. Requires the LEA to provide such services in the form of: (1) supplementary compensatory education services; or (2) if that is not feasible or efficient, payment to parents of a per-child share of the LEA's basic chapter 1 grant. Allows parents to use such funds only for: (1) purchase of supplementary compensatory education services that meet the child's special educational needs from any elementary or secondary school, or any other public or private agency, organization, or institution that the LEA designates; and/or (2) transportation costs related to the child's participation in the choice program. Excludes such payments from the gross income of parents for Federal income tax purposes. Allows an LEA to use chapter 1 funds for the additional transportation costs of children receiving chapter 1 services who are in an educational choice program. Requires that LEAs with educational choice programs to explain to parents of chapter 1 participating children: (1) the availability of compensatory education services under various available options; and (2) options available under the educational choice program and the chapter 1 program. Part C: Assistance for Parental Choice Programs - Directs the Secretary to make one-year grants to LEAs that carry out educational choice programs. Authorizes appropriations. Makes an LEA eligible for such a grant if it: (1) will carry out an educational choice program during the year for which assistance is sought; and (2) carried out such a program during the preceding year. Defines an educational choice program, as one adopted by a State or an LEA under which: (1) parents select the school, including private schools, in which their children will be enrolled; and (2) sufficient financial support is provided to enable a significant number or percentage of parents to enroll their children in a variety of schools and educational programs, including private schools. Requires LEAs to use grant funds only for student educational services and parental involvement activities in addition to those that would otherwise be provided from State or local funds. Prohibits use of grant funds for LEA general administrative expenses. Part D: Parental Choice Programs of National Significance - Directs the Secretary to make five-year grants to SEAs, LEAs, and other agencies, institutions, and organizations to conduct and demonstrate nationally significant model programs of educational choice. Authorizes appropriations. Directs the Secretary, in any fiscal year for which funds are available to make new awards, to announce the approaches to educational choice that will be considered in the competition for such funding. Requires grant recipients to use such funds only for activities directly related to planning, implementing, operating and evaluating, and disseminating information about, the educational choice demonstration program. Allows such funds to be used to meet expenses of parents and children resulting from their participation in such program. Title VI: National Assessment of Educational Progress - Amends the General Education Provisions Act (GEPA) to extend through FY 1996 the authorization of appropriations for the National Center for Educational Statistics and its programs, including the National Assessment of Educational Progress (NAEP). Requires the NAEP to collect representative data on a national and State basis for those States that choose to participate. Repeals a requirement for data collection on a regional basis. Requires the NAEP to collect and report data: (1) at least once every four years in the core academic areas of reading, writing, mathematics, science, history, and geography; and (2) annually on students at specified ages and in specified grade levels. (Current law varies such deadlines for the different academic subjects and sets a biennial deadline for the age and grade levels.) Removes a confidentiality restriction on NAEP information with respect to individual schools. Removes a prohibition against use of NAEP test items and data to rank, compare, or otherwise evaluate individual students, schools, or school districts. Requires States which choose to enter NAEP agreements to conduct such Assessment at the school level for all schools in the State sample and coordinate within the State, subject to a minimum State contribution of $100,000. Directs the Secretary to pay the State a certain amount for the costs of conducting such Assessment in excess of the minimum State contribution. Title VII: National Commission on Time, Study, Learning, and Teaching - Establishes a National Education Commission on Time, Study, Learning, and Teaching (the Commission). Requires the Commission to examine the quality and adequacy of the study and learning time of U.S. elementary and secondary students in an era when World Class Standards of achievement need to be met, including issues regarding: (1) the length of the school day and year; (2) the extent and role of homework; (3) how time is currently being used for academic subjects (especially the five core subjects of English, mathematics, science, history, and geography); (4) year-round professional opportunities for teachers; and (5) the use of school facilities for extended learning programs. Directs the Commission, within one year after it concludes its first meeting, to subject a final report to the Congress and the President. Requires such report, in addition to the primary issues, to analyze and make recommendations about: (1) use of incentives for students to increase educational achievement in available instructional time; (2) how children spend time outside school; and (3) if appropriate, a model plan for adopting a longer academic day and year for U.S. elementary and secondary schools by the end of this decade, including mechanisms to assist in such transition. Terminates the Commission 90 days after it submits its final report. Authorizes appropriations. Title VIII: Regional Literacy Resource Centers - Amends the Adult Education Act to direct the Secretary to make grants or contracts for operation of regional literacy resource centers in appropriate regions. Makes eligible for such grants or contracts SEAs, LEAs, State literacy offices, volunteer-organizations, community-based, organizations, institutions of higher education, or other nonprofit entities. Provides that the Federal share of activity costs shall decline over a five-year period from a maximum of 80 percent to 60 percent. Authorizes appropriations. Title IX: General Provisions - Sets forth definitions for this Act. Makes specified provisions of Federal law permitting consolidation of grants to the Insular Areas inapplicable to funds received by such an area under this Act.
United States · United States Congress · 23 May 1991
National Institute of Nursing Research Act - Amends the Public Health Service Act to redesignate the National Center for Nursing Research as the National Institute of Nursing Research. Includes the Institute in the list of national research institutes of the National Institutes of Health.
United States · United States Congress · 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
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
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 Internal Revenue Code to allow penalty-free withdrawals from retirement plans by certain displaced workers. Sets forth a formula for the maximum amount of such withdrawals and provides a cost-of-living adjustment for such amount.
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 · 7 May 1991
Rural Access to Obstetrical Care Act of 1991 - Requires the Secretary of Health and Human Services to: (1) provide for demonstration projects to reduce infant mortality by improving access in rural, underserved areas to obstetric services for eligible pregnant women under title XIX (Medicaid) of the Social Security Act; (2) develop and make available to the public each year a compendium of State initiatives to address the obstetric access crisis in rural areas; and (3) provide funding for a study, and report to the Congress on, obstetrical malpractice claims payment by Medicaid and private insurance companies.
United States · United States Congress · 7 May 1991
Expresses the sense of the Congress that the ratio of funding for Federal-aid highway and highway safety construction programs compared to urban mass transportation programs should not be less than one dollar to four dollars in any Act authorizing appropriations for FY 1992 through 1996.
United States · United States Congress · 30 April 1991
Open Space Preservation Act of 1991 - Amends the Internal Revenue Code with respect to the estate tax to exclude from the gross estate the value of land subject to a qualified conservation easement. Defers the reduction in estate tax rates from 1993 until 1998.
United States · United States Congress · 30 April 1991
Expresses the sense of the Congress that Federal law governing the taxation of State and local government bonds should not be changed in order to increase Federal revenues.
United States · United States Congress · 24 April 1991
Airline Competition Enhancement Act of 1991 - Amends the Federal Aviation Act of 1958 to prohibit major air carriers, without approval of the Secretary of Transportation (Secretary), from transferring: (1) in any one-year period rights to use more than five percent of the gates at an airport; (2) in any one-year period more than five percent of the slots allocated at a high density airport; or (3) a certificate authorizing the carrier to engage in foreign air transportation or any portion of such certificate. Directs the Secretary to issue regulations establishing transfer procedures. Sets forth approval criteria. Authorizes operators of concentrated airports to allow eligible air carriers to use unutilized gates or other related facilities at reduced rates. Directs the Secretary to establish a procedure to direct such operators to permit a petitioning eligible air carrier to use a gate during hours at which it is not being used. Authorizes foreign persons to purchase more than a specified percentage of the voting interests of an U.S. air carrier under certain conditions. Prohibits vendors that operate a computer reservation system from: (1) making available to subscribers an integrated display in which information is ordered or emphasized based upon factors relating to air carrier identity, or supply information from its system to persons creating or attempting to create such an integrated display; (2) making available to a subscriber any subscriber transaction capability which is more complete or efficient with respect to one participant than to any other, unless the vendor offers such participant the opportunity to participate in such capability at the same price as others and the participant says no; (3) charging a participant fee which is above the fee found fair and reasonable by an arbitrator's decision with respect to such vendor unless a year has elapsed since the decision; or (4) prohibiting a subscriber from obtaining any other computer reservation system. Sets forth provisions relating to: (1) subscriber contract restraints; (2) arbitration of participant fees; and (3) treatment of certain reduced computer reservation system services.
United States · United States Congress · 24 April 1991
Amends the Federal Aviation Act of 1958 to require the Secretary of Transportation to issue regulations requiring the use of child safety restraint systems on commercial aircraft. Expresses the sense of the Congress that the United States representative to the International Civil Aviation Organization should seek an international standard to require that airline passengers be restrained on takeoff and landing and when directed by the captain of such aircraft.
United States · United States Congress · 24 April 1991
Designates September 20, 1991, as National POW/MIA recognition Day. Requires the display of the National League of Families POW/MIA flag: (1) at all national cemeteries and the National Vietnam Veterans Memorial on May 30, 1991 (Memorial Day), September 20, 1991 (National POW/MIA Recognition Day), and November 11, 1991 (Veteran's Day); and (2) on, or on the grounds of, the White House, and the buildings containing the primary offices of the Secretaries of State, Defense, and Veterans Affairs, and the Director of the Selective Service Commission on September 20, 1991 (National POW/MIA Recognition Day).
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
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.
![Official portrait of Rep. Clinger, William F., Jr. [R-PA-5]](https://www.congress.gov/img/member/c000523_200.jpg)