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United States · Official source
2,730 records where Rep. Oxley, Michael G. [R-OH-4] is listed as a sponsor, author, or other actor. Search with topics and years
United States · United States Congress · 10 June 1991
Amends the Internal Revenue Code to repeal the luxury excise tax on passenger vehicles, boats, aircraft, jewelry, and furs.
United States · United States Congress · 6 June 1991
Federal Aid Surface Transportation Act of 1991 - Title I: Federal-Aid Highway Act of 1991 - Federal-Aid Highway Act of 1991 - Authorizes appropriations out of the Highway Account of the Highway Trust Fund (HTF) for: (1) the National Highway and Bridge System; (2) the Urban and Rural Highway and Bridge Program; (3) emergency relief; (4) the Federal Lands Highway Program; (5) the University Transportation Centers Program; (6) the Right-of-Way Revolving Fund; and (7) the Territorial Highway Program. Specifies that unobligated balances of funds apportioned or allocated to a State under Federal highway provisions before October 1, 1991, shall be available for obligation in such State under the law, regulations, policies, and procedures relating to the obligation and expenditure of those funds in effect on September 30, 1991. Repeals the FY 1993 authorization under the Federal-Aid Highway Act of 1956. Authorizes appropriations for Interstate construction to complete the Interstate System out of the Highway Account of the HTF for each of FY 1992 through 1995. Provides for certain allocations for Massachusetts for such fiscal years. Sets forth a formula for the apportionment of authorized funds for such fiscal years among the States. Authorizes appropriations out of the Highway Account of the HTF for highway projects for the Interstate Substitution Program. Sets forth provisions with respect to obligation ceilings for Federal-aid highway programs, distribution of and limitations on obligation authority, and redistribution of unused obligation authority. Declares that national resources should be focused upon preserving the nation's investment in its Interstate systems, that broad national defense, economic, safety, and international policy goals are advanced by efficient transportation systems, that national transportation investments should increasingly encourage domestic and international commerce and trade, and that, based on congressionally established national transportation policy and objectives, a new Federal high priority highway network should be designated. Establishes the National Highway and Bridge System, to consist of all currently designated Interstate highways, an appropriate portion of the rural and urban principal arterial routes, including toll facilities, and national defense highways, and routes which meet specified criteria (including nationally significant truck routes, routes that provide nationally significant commodities with access to markets, access points to significant national parks, facilities that will provide logical connection between major population centers and the National Highway and Bridge System, and major urban corridors). Specifies that the National Highway System shall be based on a functional reclassification of roads and streets in each State which shall be designated not later than September 30, 1993, in accordance with guidelines issued by the Secretary of Transportation, and that the Secretary may add segments to the National Highway System as necessary to meet National Highway Program objectives. Directs the Secretary to establish criteria for reviewing projects to be funded as part of the National Highway and Bridge System which: (1) define eligible projects to include rehabilitation, resurfacing, restoration, capacity expansion, operational improvement, safety, and new highway construction; (2) ensure as a first priority for the use of available funds the protection of investments made in the Interstate highways in each State and the provision of suitable traveling quality by such highways; (3) permit funding in urbanized areas to be used to improve highway and transit systems, where it can be shown that the improvement will increase the level of service within the corridor of the National Highway and Bridge System; and (4) permit the use of such funds for intercity rail projects and projects for access to ports, airports, and related facilities. Sets forth additional provisions with respect to the discharge of responsibilities by the Secretary for National Highway and Bridge System projects. Directs the Secretary to establish an Urban and Rural Highway and Bridge Program to provide a category of funds that minimizes Federal requirements and provides flexibility in the use of available funds for either highway or transit projects. Specifies: (1) that the Urban and Rural Highway and Bridge Program shall consist of all public highways (including bridges) functionally classified as arterials, urban collectors, and rural collectors other than those designated as part of the National Highway and Bridge System; (2) that each State shall establish guidelines for implementing this program; and (3) eligible highways and projects. Sets forth provisions with respect to the obligation of funds, and the Federal share of projects, for the construction of toll roads, bridges, tunnels, and ferries. Requires the Secretary, in each fiscal year, to allocate among the States amounts sufficient to ensure that: (1) the total of apportionments and minimum allocation for each State in each such fiscal year shall not be less than 90 percent (currently, 85 percent) of the percentage of estimated tax payments into the Highway Account of the HTF attributable to highway users in the State of total apportionments in each such fiscal year and allocations for the prior year; and (2) each State's total apportionment from the Highway Account of the HTF for the year is not less than that made during FY 1991 (excluding any Interstate construction funds in excess of FY 1992 one-half percent minimum, Interstate substitution, and amounts for demonstration or discretionary funding programs or projects). Directs the Secretary to cooperate with State and local officials in urbanized areas in the development of transportation plans and programs which are formulated with due consideration to comprehensive long-range land use plans, development objectives, innovative financing mechanisms, overall social, economic, environmental, and system performance, energy conservation goals and objectives and with due consideration to their probable effect on the future development of the area. Specifies that the transportation planning process, at a minimum, shall cover the existing urbanized area and the area expected to become urbanized within the forecast period, and that it may encompass the entire Metropolitan Statistical Area/Consolidated Metropolitan Statistical Area at the discretion of the Governor and the affected units of local government. Requires that transportation plans and programs in urbanized areas of more than 200,000 population be based on a continuing transportation planning process which: (1) is carried out by a metropolitan planning organization and is comprehensive to the degree appropriate based on the complexity of transportation problems in the area, including transportation-related air quality problems; and (2) considers all modes of transportation, including intermodal connectivity, the balance between future development and transportation needs, and an areawide multimodal congestion management system. Specifies that in nonattainment areas for transportation-related pollutants the multimodal congestion management system shall address air quality considerations and be coordinated with the process for development of the transportation element of the State Implementation Plan required by the Clean Air Act. Requires that the costs and impacts of proposed action on both mobility and air quality be evaluated. Bars the Secretary from approving any highway project in urbanized areas of more than 200,000 population that by reconstruction or new construction significantly increases the vehicle carrying capacity of a transportation corridor unless the project is consistent with the congestion management system. Directs the metropolitan planning organization to cooperate with the State in the development of a congestion management, bridge management, pavement management, safety management, and traffic monitoring system. Requires that: (1) a metropolitan planning organization be designated in each urbanized area by agreement among the units of general purpose local government and the Governor to carry out such transportation planning process; (2) such organization develop a transportation improvement program that includes all projects proposed for funding within the study area under the National Highway and Bridge Program, the Urban and Rural Highway and Bridge Program, and the Bridge Program; and (3) in urbanized areas of 200,000 population or less, such organization, the State, and transit operators, at a minimum, meet the requirements of this Act by the development of such a transportation improvement program (including consideration of transportation-related air quality problems.) Requires the Federal highway research program to include coordinated long-term programs of research: (1) on Intelligent Vehicle Highway Systems; and (2) for the development, use, and dissemination of performance indicators to measure the performance of the surface transportation system. Requires such program to continue those portions of the Strategic Highway Research Program that the Secretary deems important. Directs the Secretary to create and administer the Dwight David Eisenhower Transportation Fellowship Program, a program to attract qualified students to the field of transportation engineering and research. Provides for the funding of such program. Directs the Secretary to cooperate with the States in carrying out: (1) statewide transportation planning; and (2) State highway research. Sets forth provisions regarding State matching fund requirements and waiver of such requirements. Directs the Secretary: (1) in the Secretary's reports regarding future highway needs of the nation, to report as well on the condition and performance of the existing system and on the bridge needs of the nation; and (2) beginning with the report due in January 1995, to include the results of studies of the air quality impacts of transportation programs including the air quality benefits realized from transportation control measures required under the Clear Air Act. Establishes within the Department of Transportation a Bureau of Transportation Statistics, which shall pursue a comprehensive, long-term program for the collection and analysis of data relating to the performance of the national transportation system. Requires the Director of such Bureau to: (1) produce annually unbiased and comparable estimates of factors including productivity in the various portions of the transportation sector, traffic flow, travel times, travel costs of intracity commuting and intercity trips, frequency of vehicle and transportation facility repairs, accidents, and collateral damage to the human and natural environment; and (2) submit reports beginning on October 1, 1992, and every 12 months thereafter, to specified congressional committees describing the status of the U.S. transportation system. Authorizes the Secretary to: (1) undertake, on a cost-shared basis, collaborative research and development with non-Federal entities, including State, local, and foreign governments; and (2) enter into cooperative research and development agreements, except that the average Federal share in such agreements shall not exceed 50 percent (but allows the Secretary to approve a higher Federal level of participation where there is substantial public interest or benefit). Authorizes the Secretary to withhold project approvals on National Highway and Bridge Program projects for failure of a State to have a bridge management, pavement management, safety management, and congestion management system. Requires each State to have a traffic monitoring system to provide statistically-based traffic data. Sets forth provisions regarding: (1) acquisition of rights-of-way; (2) private, State, and local donations; (3) access to rights-of-way to accommodate needed passenger or commuter rail, high speed ground transportation systems (including magnetic levitation systems), and highway and nonhighway public mass transit facilities; and (4) the definition and scope of the Interstate System. Declares that: (1) the nation must redirect its efforts toward moving people, information, and goods rather than moving vehicles; (2) the new Federal program shall refocus national policies to respond to increasing inter-regional travel, relieving urban congestion, improving rural access, fostering intermodalism, enhancing air quality, conserving energy, and giving priority to projects that offer the best solutions to the transportation problems and environmental considerations of each region; and (3) the essential element for an effective future program is a new Federal, State, and local partnership that provides more funding, greater program flexibility, and greater program management and resource contribution responsibilities at the State and local levels. Sets forth provisions with respect to the apportionment of funds, including apportionment formulas under the: (1) National Highway and Bridge Program, based on the State's rural and urban lane miles, rural vehicle miles traveled, and diesel fuel consumption; and (2) Urban and Rural Highway and Bridge Program, in the ratio of tax payments of the Highway Account of the HTF attributable to the highway users of each State. Sets forth provisions with respect to: (1) project agreements and obligations of funds; (2) availability of funds; (3) the Federal share payable with respect to certain projects; (4) project litigation expenses; and (5) the allocation and administration of Federal lands highways funds, and the establishment of a coordinated Federal Lands Highways Program. Authorizes (subject to specified limitations): (1) States to use Federal highway funds to construct improved lanes, paths, or shoulders, traffic control devices, shelters, and parking facilities for bicycles and pedestrians, and carry out nonconstruction projects related to safe bicycle and pedestrian use; (2) the Secretary, where a highway bridge deck being replaced or rehabilitated with Federal financial participation is located on a highway on which bicycles or pedestrians are permitted to operate at each end of the bridge and the Secretary determines that the safe accommodation of bicycles or pedestrians can be provided at reasonable cost, to replace or rehabilitate such bridge, making such accommodations; (3) Federal lands highways funds to be used for the construction of pedestrian walkways and bicycle routes; and (4) a State to expend Urban and Rural Highway and Bridge Program funds for such construction. Provides for: (1) a functional reclassification of all public roads; (2) the transfer of funds for transit projects to, for administration by, the Urban Mass Transportation Administration; and (3) a recodification of Federal highway-related provisions. Requires that construction standards adopted for the National Highway and Bridge System be those approved by the Secretary in cooperation with the State highway departments and the American Association of State Highway and Transportation Officials (currently, with respect to construction standards for the Interstate System, cooperation with such Association is not required). Directs the Secretary to issue guidelines for minimizing soil erosion from highway construction. Bars the Secretary from approving projects that will result in the severance or destruction of an existing major route for nonmotorized transportation traffic and light motorcycles, unless the project provides a reasonable alternative route or an alternative route exists. Requires: (1) projects for resurfacing, restoring, or rehabilitating specified highways to be constructed in accordance with standards to preserve and extend highway service life and enhance highway safety; and (2) States to charge, at a minimum, fair market value for the sale, use, lease, or lease renewals of right-of-way airspace acquired as a result of a project funded in whole or in part with Federal assistance made available from the Highway Account of the HTF, with exceptions. Provides that: (1) Indian contractors certified by State transportation or highway departments shall receive preference in the award of contracts on Indian reservations to the maximum extent practicable; and (2) contracts for Urban and Rural Highway and Bridge Program projects may be entered into with the prior concurrence of the Secretary in the award. Authorizes: (1) the State transportation or highway department to include warranty or guarantee provisions in construction contracts which, if used, shall be for a specified construction product or feature and may not include routine maintenance; and (2) projects (currently, requires projects) approved to include the amount of any interest earned and payable on bonds issued by the State to the extent that the proceeds of the bonds have actually been expended in the construction of the project. Authorizes the Secretary, except for projects administered under the Urban and Rural Highway and Bridge Program, to make payments to a State for costs incurred on a project. (Current law authorizes payment to States for construction.) Specifies that total payments shall not exceed total costs incurred by the State for the project. Requires any State transportation or highway (currently, highway) department which submits plans for a National Highway and Bridge Program or Interstate System project (currently, Interstate System project) to make its certification and report, indicating that consideration was given to the economic, social, environmental, and other effects of the plan, highway location or design, and various alternatives which were raised during the hearing or which were otherwise considered (current law does not mention the latter requirement). Authorizes the Secretary to approve for Federal financial assistance from National Highway and Bridge Program funds: (1) projects designed to encourage the use of carpools, subject to specified limitations; and (2) the construction of exclusive or preferential high occupacy vehicle (HOV) lanes, highway traffic control devices, intercity and urban bus passenger loading areas and facilities, and fringe and transportation corridor parking to serve HOV, intercity bus, and public transportation passengers. Specifies that if fees are charged for the use of any carpool or other publicly owned parking facility constructed pursuant to Federal highway provisions, the revenue in excess of that required for maintenance and operation of the facility and the cost of providing shuttle service to and from the facility including compensation to any person for operating the facility and for providing shuttle service shall be used for purposes authorized under Federal highway provisions. Requires that National Highway and Bridge System funds be made available to finance the Federal share of projects for exclusive or preferential HOV, truck, and emergency vehicle routes or lanes. Permits such routes on the Interstate System to have less than four lanes of traffic. Prohibits the approval of HOV projects unless the Secretary has received assurances from the owner or operator of the facility that HOV vehicles will fully utilize the proposed project and that essential operations and enforcement support of the facility will be provided. Specifies that, in any case where sufficient land exists within the publicly acquired rights-of-way of the National Highway System to accommodate needed nonhighway public mass transit facilities and where the accommodation can be accomplished without impairing automotive safety or future highway improvements, the Secretary may authorize a State to make those lands and rights-of-way available without charge to a publicly owned mass transit authority for such purposes wherever the public interest will be served. Directs the Secretary to require assurance from any State desiring to avail itself of benefits under Federal highway provisions that employment in connection with proposed projects be provided without discrimination based on race, color, religion, national origin, age, disability, or sex (currently, specifies "without regard to race, color, creed, national origin, or sex"). Requires that not to exceed one fourth of one percent of the funds apportioned to a State be available for highway construction training. Prohibits discrimination on the basis of sex under programs or activities receiving Federal assistance. Repeals a requirement that each State certify that it is enforcing all speed limits on public highways and that the Secretary not approve projects in States failing to make such certification. Requires each State to establish a procedure to certify that highway bridge inspectors meet national qualifications. (Current law requires that standards established by the Secretary include a procedure for national certification of such inspectors.) Directs the Secretary to withhold ten percent of the amount to be appropriated to any State on the first day of each fiscal year in which the purchase or public possession in that State of any alcoholic beverage by a person who is less than 21 years of age is lawful (current law specifies five percent on the first day of the fiscal year succeeding the first fiscal year beginning after September 30, 1985, and ten percent after the second fiscal year beginning after such date). Specifies that funds withheld from apportionment shall be apportioned to the other States in compliance and remain available for the period of time applicable to the category of funds withheld (currently, treatment of such funds varies based on whether funds were withheld on or before September 30, 1988). Directs that construction estimated to cost $50,000 (currently, $15,000) or more per mile or per project for projects with a length of less than one mile on forest development roads and trails be advertised and let to contract, and allows projects with less than such cost, if no acceptable bid is received, to be done by the Secretary of Agriculture. Repeals provisions under the Territorial Highway Program: (1) that Federal financial assistance be granted on the basis of a Federal contribution of 100 percent of the cost of any project; and (2) under which the Governor must agree not to impose any toll, or permit any such toll to be charged, for use by vehicles or persons of any portion of the facilities constructed or operated to qualify for funding. Provides that, in addition to a specified percentage, sums provided (currently, two percent) for each fiscal year may be expended upon request of the Governor with the Secretary's approval under such Program. Requires (currently, authorizes the Secretary to make) expenditures with respect to the reconstruction of the Alaska-Canada international highway. Authorizes the Secretary to give priority of approval to, and expedite the construction of, projects that are recommended as important to the national defense. Modifies provisions regarding the National Highway Institute to: (1) require that private agencies and individuals pay the full cost of any education and training received by them; and (2) authorize the Institute to engage in all phases of contract authority for training purposes authorized under Federal highway provisions and to carry out its authority independently or in cooperation with any other branch of Government, authority, association, or person. Authorizes the Institute to establish and collect fees from any entity and place them in a special account.
United States · United States Congress · 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
Vehicular Natural Gas Act of 1991 - Amends the Natural Gas Act of 1938 to exempt from its provisions any person engaged in the sale or transportation of vehicular natural gas and who is: (1) not otherwise a natural gas company; or (2) subject primarily to State regulation. Exempts from Federal regulation the sale or transportation of natural gas in closed containers by any person who is not otherwise a public utility to another person for the use as vehicular fuel. States that a company shall not be considered to be a gas utility company under the Public Utility Holding Company Act of 1935 solely because it owns or operates vehicular natural gas distribution facilities. Permits a company registered under such Act solely because of its ownership of gas utility company voting securities to acquire any interest in any company that is not a public utility company and whose primary business relates directly to specified vehicular natural gas activities.
United States · United States Congress · 4 June 1991
Ethics and Treatment of Home Medical Equipment Act of 1991 - Amends title XVIII (Medicare) of the Social Security Act to require the Secretary of Health and Human Services to establish certification standards for suppliers of durable medical equipment, ostomy bags, and supplies related to ostomy care under part B (Supplementary Medical Insurance) to assure patient safety and the availability of high-quality covered items. Requires such suppliers to meet such standards in order to be eligible for reimbursement from Medicare. Deems such suppliers accredited by the Joint Commission on the Accreditation of Healthcare Organizations or other appropriate accrediting entities to have met those standards. Prohibits carrier forum shopping. Modifies the prohibition against suppliers filling out certificates of medical necessity to make such prohibition applicable to items on the Secretary's list of potentially overused items. Prohibits physician referrals to durable medical equipment companies in which the referring physician has a financial relationship. Waives mandatory submission of claims provisions for nonparticipating suppliers of inexpensive items of durable medical equipment. Sets limits on the Medicare reimbursement cuts mandated under the Omnibus Budget Reconciliation Act of 1990 for covered items. Restores Medicare's monthly payment for rental cap items to ten percent per month for up to 12 months. Provides an up-front purchase option for rental cap items in instances where the item is needed for longer than 12 months at least 75 percent of the time or where the patient is in a severe condition recognized by the Secretary.
United States · United States Congress · 4 June 1991
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 · 23 May 1991
Generic Drug Enforcement Act of 1991 - Amends the Federal Food, Drug, and Cosmetic Act to require that any person convicted of a felony under Federal law for conduct relating to the development or approval, including the process for development or approval, of any abbreviated drug application (ADA) be debarred from submitting any ADA. Allows debarment, if there is reason to believe the person may undermine the regulatory process, of a person: (1) convicted of a Federal misdemeanor or a State felony in connection with an ADA; (2) convicted of bribery, fraud, or similar crimes; (3) convicted of obstruction of justice; (4) who materially participated in acts that were the basis for such convictions; or (5) who knowingly used the services of a debarred person. Provides for: (1) the term of debarment; (2) termination of debarment; and (3) publication of a list of debarred persons. Allows an ADA to be denied in certain circumstances, including: (1) involving a bribe or a pattern of false statements; or (2) if a significant question has been raised regarding the integrity of the approval process or the reliability of data. Requires, in the case of a bribe or a pattern of false statements, or if there are flagrant, repeated, and uncorrected violations of good manufacturing practice or good laboratory practice which may undermine the safety and efficacy of the drugs: (1) the suspension of distribution of all drugs the development or approval of which was related to such actions; or (2) the suspension of all drugs approved under ADAs of such person. Allows waiver of the suspension requirement if necessary to protect the public health. Provides for termination of suspensions. Adds a requirement that an ADA contain: (1) a certification that the applicant did not and will not use the services of a person debarred in connection with the application; and (2) a list of all convictions within the last five years of the applicant and affiliated persons responsible for the development or submission of ADAs. Prescribes civil penalties for certain actions in connection with ADAs, including: (1) false statements or bribes; (2) destruction, alteration, or secretion of evidence; (3) failure to disclose facts; (4) obstruction; (5) use of a debarred person; or (6) provision of services by a debarred person. Allows the Secretary of Health and Human Services to make a monetary award for information leading to the imposition of a civil penalty. Declares the Secretary's decision on such an award not reviewable. Requires withdrawal of approval of an ADA facilitated, in whole or in part, through bribery, fraud, or false statement. Allows withdrawal if the applicant has repeatedly demonstrated a lack of ability to produce the drug with the formulations or manufacturing practice in the ADA and has introduced, or attempted to introduce, the adulterated or misbranded drug into commerce. Authorizes the Inspector General (IG) to investigate certain matters, including any allegation of: (1) misconduct by Food and Drug Administration (FDA) employees; (2) violation of existing provisions listing prohibited acts; (3) violation, or a class of violations, which the FDA Commissioner has requested the IG to investigate; and (4) violation, or a class of violations, for which the Secretary delegates authority to the IG or requests the IG to investigate. Mandates maintaining for public inspection, with regard to each ADA, the applicant's name, the name of the drug, and the persons and dates of assignment for chemistry and bioequivalence reviews. Repeals provisions requiring a hearing before the Secretary reports a violation to a U.S. attorney for institution of a criminal proceeding.
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 · 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 · 20 May 1991
Rural Clinical Laboratory Personnel Shortage Act - Amends the Public Health Service Act to establish a program of contracts under which allied health professionals agree to serve in technical positions as employees in clinical laboratories that serve rural areas with shortages of employees in such positions in consideration of the Federal Government paying a limited amount of the principal and interest of the educational loans of the professionals. Authorizes appropriations. Mandates grants and contracts for the education and training of clinical laboratory personnel. Authorizes appropriations. Requires a program for the accreditation of entities engaged in the certification of clinical laboratory personnel. Provides, until establishment of accreditation standards, for a competency-based examination to determine the proficiency of individuals who do not meet formal educational qualifications.
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 · 14 May 1991
Dayton Aviation Heritage National Historic Preservation Act of 1991 - Title I: Dayton Aviation Heritage National Historical Park and Wright-Dunbar Historic Preservation District - Establishes the Dayton Aviation Heritage National Historical Park as a unit of the National Park System, and the Wright-Dunbar National Historic Preservation District (both located in Ohio). Requires the Commission established by this Act to administer the preservation district. Directs the Secretary of the Interior, with the advice of the Commission, to prepare and submit to the Congress a general management plan for the park. Sets forth provision for the headquarters of the park, a visitors' center, an interpretive center, and a memorial. Title II: Dayton Historic Preservation Commission - Establishes the Dayton Historic Preservation Commission to administer the preservation district to enhance and protect areas that have a direct effect on the operation of the park. Terminates the Commission on January 1, 2004. Requires the Commission to submit to the Secretary a preservation and development plan to be submitted to the Congress upon the Secretary's approval. Authorizes the Secretary to make funds available to the Commission before such plan is approved, upon request. Authorizes the Commission to make loans, grants, provide historical and cultural programs, and to provide technical assistance to carry out its functions under this Act. Title III: General Provisions - Authorizes the Secretary to acquire easements: (1) within the park and preservation district; and (2) for an interurban or bicycle and pedestrian transportation link. Authorizes appropriations.
United States · United States Congress · 14 May 1991
Audiotext Industry Obligations and Consumer Rights Act - Amends the Communications Act of 1934 to require the Federal Communications Commission (FCC), within 270 days, to complete a rulemaking proceeding to establish a system for the oversight and regulation of audiotext services. Requires the FCC's final rules to: (1) include measures that provide a consumer of audiotext services with adequate and clear descriptions of the rights of the caller; (2) define the obligations of common carriers with respect to the provision of such services; (3) include requirements on such carriers to protect against abusive practices by providers of such services; (4) prohibit customers from being disconnected from local exchange services for refusal to pay for such services; and (5) identify procedures by which common carriers and providers of such services may take affirmative steps to protect against nonpayment of legitimate charges. Specifies that such regulations shall prohibit any common carrier from offering audiotext services of any provider of such services who fails to: (1) include in each audiotext message an introductory disclosure message that describes the service being provided, specifies clearly and at a reasonably understandable volume the total cost or cost per minute and any other fees for such service and for any other audiotext service to which the caller may be transferred, informs the caller of the option to hang up at the end of the introductory message without incurring any charge, and informs the caller that parental consent is required for calls made by children; (2) disable any bypass mechanism which allows frequent callers to avoid listening to the disclosure message after the institution of any price increase and for a period of time sufficient to give frequent callers sufficient notice of the price change; (3) stop the assessment of time-based charges immediately upon disconnection by the caller; (4) include an appropriate and clear signal at intervals determined by the FCC, where technically feasible, during live interactive group programs, to alert callers to the passage of time, and explain such signal in the disclosure required for such program; and (5) comply with such additional standards as the FCC may prescribe to prevent abusive practices. Directs that such regulations require that any common carriers offering audiotext services: (1) require, pursuant to contract or tariff, that a provider of audiotext services comply with regulations issued pursuant to such Act and terminate the offering of an audiotext service of a provider if such service is not provided in compliance with such regulations; (2) ensure that a caller may avoid audiotext charges with respect to services provided in violation of such regulations or under such other circumstances as the FCC determines necessary to protect callers from abusive practices; (3) establish a local or toll-free telephone number to answer questions and provide information on callers' rights and obligations with regard to their use of audiotext services offered by the common carrier; (4) within 60 days after the issuance of final regulations, provide to all of such common carrier's telephone subscribers a disclosure statement that clearly sets forth all rights and obligations held by the subscriber and the carrier with respect to the use and payment for audiotext services, describes any nonpayment option prescribed by the FCC and the applicable blocking option, and provides an explanation of live interactive programming; (5) ensure that charges for audiotext services are stated separately on the bill from the sections relating to local and long distance telephone charges and that such statement includes the common carrier's toll-free telephone number; (6) notify in writing the State regulatory commission of any State within which the carrier intends to offer audiotext services of such intention, including a description of the service to be provided and a list of the carrier's policies and procedures; (7) make available to such State regulatory commission, upon request, a list of audiotext telephone numbers accessible by callers within that State through such carrier, including the name, business address, and business telephone number of the audiotext provider; and (8) obtain from any provider of audiotext services that solicits charitable contributions proof of tax exempt status. Specifies that such regulations shall require that any local exchange carrier carrying audiotext services must offer callers the option of blocking access to all audiotext services for their telephone. Allows such regulation to permit the costs of such blocking to be recovered by contract or tariff, but specifies that such costs may not be recovered from local or long distance ratepayers. Directs that such option be offered without charge to the caller for a reasonable period (established by FCC regulations) after the effective date of such regulation, an initial connection, or subscription for any new telephone line. Requires the FCC to consult with the Federal Trade Commission concerning the adequacy of existing regulations relating to the advertising of audiotext services via broadcasting and cable communications and, if such existing regulations are deemed inadequate, to take specified steps, such as requiring that TV advertisements include notification that charges will be billed to the caller's telephone number, notification that children under age 18 must obtain parental consent before placing a call to the advertised number, and a statement of the cost of calling such number. Specifies that such regulations may exempt from introductory message requirements: (1) calls from frequent callers or regular subscribers using a bypass mechanism to avoid listening to the disclosure message required by such regulations; or (2) audiotext services provided at nominal charges. Directs: (1) that such regulations establish procedures to ensure that carriers and other parties provide appropriate refunds to callers who have been billed for audiotext services pursuant to programs found to have violated such Act, such regulations, or any other Federal, State, or local consumer protection law; and (2) the FCC, within one year, to submit to the Congress its recommendations with respect to the extension of such regulations to services that provide, for a per call charge, data services that are not audiotext services. Specifies that no cause of action may be brought in any court or administrative agency against a common carrier or its affiliates on account of any action which the carrier or affiliate takes in good faith to terminate an audiotext service in order to comply with the regulations prescribed under such Act.
United States · United States Congress · 14 May 1991
Amends the Internal Revenue Code to permit tax-exempt organizations to establish qualified cash or deferred arrangements for their employees.
United States · United States Congress · 9 May 1991
PRIME Retirement Account Act of 1991 - Amends the Internal Revenue Code to establish a simplified retirement plan for small business to be known as PRIME accounts (private retirement incentives matched by employers). Allows an income tax deduction to employees who make pre-tax contributions of up to $3,000 annually to a PRIME account and requires an employer to match such contributions up to three percent of the employee's compensation. Declares that such accounts are not to be treated as pension plans. Excludes such accounts from limitation on the maximum amount allowed for retirement savings deductions. Specifies the pension plan rules that are applicable to PRIME accounts. Establishes a 25-percent penalty on withdrawals made from such accounts during the first three years. Sets forth penalties to be imposed upon: (1) account trustees for failure to provide requirement information to employers; and (2) employers for failure to make required notifications to employees.
United States · United States Congress · 8 May 1991
Constitutional Amendment - Requires the Congress, prior to each fiscal year, to adopt a statement in which total Federal outlays (except those for repayment of debt principal) do not exceed total receipts (except those derived from borrowing), unless a three-fifths vote of both Houses authorizes a specific excess. Limits the rate of increase in receipts in the statement to that of the increase in national income in the previous calendar year, unless law is enacted solely to approve specific additional receipts. Directs the President to submit a balanced budget. Authorizes waiver of these provisions in time of war. Sets a permanent limit on the amount of Federal public debt, prohibiting any increase unless legislation enacted by a three-fifths majority of both Houses becomes law.
United States · United States Congress · 7 May 1991
Rural Physicians' Incentives Act of 1991 - Amends the Internal Revenue Code to allow a deduction on medical education loan interest of a physician which accrues while the physician is living in and providing primary care to residents of a medically underserved rural area. Amends title XVIII (Medicare) of the Social Security Act to exempt services furnished in a rural area from a special fee schedule applicable to new physicians. Amends the Higher Education Act of 1965 to extend beyond the normal two-year limit, for borrowers serving an internship or residency program in preparation for practice in an area of primary care, the deferral of payments on: (1) insured student loans (Stafford Loans), including those eligible for interest subsidies; and (2) low-interest student loans (Perkins Loans). Amends titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act to modify provisions setting forth requirements concerning billing by one physician for services rendered by another physician in specified circumstances.
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 · 2 May 1991
Designates the week beginning November 10, 1991, as National Women Veterans Recognition Week.
United States · United States Congress · 1 May 1991
Expedited Consideration of Proposed Rescissions Act of 1991 - Amends the Congressional Budget and Impoundment Control Act of 1974 to require a special message, in the case of budget authority proposed to be rescinded or reserved, to include language amending the law authorizing such programs to allow them to continue to function at the proposed new level of budget authority. Allows the President to transmit to both Houses of the Congress, for expedited consideration, one or more special messages proposing to rescind all or part of any item of budget authority provided in an appropriation bill. Requires that such special message be transmitted not later than three days after the President approves the appropriation bill and be accompanied by a draft bill or joint resolution that would, if enacted, rescind the budget authority proposed to be rescinded. Sets forth House and Senate procedures for the expedited consideration of such a proposal.
United States · United States Congress · 1 May 1991
Constitutional Amendment - Declares that nothing in the Constitution shall prohibit the inclusion of voluntary prayer in any public school program or activity. Provides that neither the United States nor any State shall prescribe the content of any such prayer.
United States · United States Congress · 25 April 1991
Designates July 28, 1992, as Buffalo Soldiers Day.
United States · United States Congress · 25 April 1991
Commends the United States Savings Bond Program on the occasion of its 50th anniversary and encourages continued investment in U.S. savings bonds.
United States · United States Congress · 24 April 1991
Amends the Immigration and Nationality to exclude aliens infected with the HIV virus from admission into the United States.
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 · 23 April 1991
Authorizes the Secretary of Veterans Affairs to reimburse a person for the cost of acquiring a non-Government headstone or grave marker for placement in a cemetery other than a national cemetery in connection with the burial of a veteran.
United States · United States Congress · 23 April 1991
Nuclear Decommissioning Reserve Fund Act of 1991 - Amends the Internal Revenue Code to: (1) decrease the rate of the tax imposed on the income of any Nuclear Decommissioning Reserve Fund; and (2) remove restrictions on permitted investments of Fund monies.
United States · United States Congress · 23 April 1991
Designates October 16, 1991, and October 16, 1992, as World Food Day.
United States · United States Congress · 23 April 1991
Designates May 22, 1991, as National Desert Storm Reservists Day to commemorate the accomplishments of the men and women of the reserve components of the U.S. Armed Forces who proudly served the United States during Operation Desert Storm.
United States · United States Congress · 18 April 1991
Designates October 1991 as National Down Syndrome Awareness Month.
United States · United States Congress · 17 April 1991
National Commemorative Events Advisory Act - Establishes the President's Advisory Commission on National Commemorative Events to: (1) establish criteria for recommending to the President that a proposed commemorative event be approved or disapproved; (2) review proposals for national commemorative events submitted in accordance with procedures published by the Commission; and (3) issue recommendations to the President concerning each proposal reviewed. Terminates the Commission within five years after the date of its first meeting.
United States · United States Congress · 17 April 1991
Amends the Internal Revenue Code with respect to the tax-exempt status of a cooperative telephone company to provide for the tax treatment of income received from a nonmember telephone company for services by the cooperative which are indirectly paid for by members of the cooperative. Includes billing and collection services for a nonmember telephone company under such treatment.
United States · United States Congress · 17 April 1991
Designates September 28, 1991, as National Hunting and Fishing Day.
United States · United States Congress · 16 April 1991
Crime Victims' Restitution Act of 1991- Amends the Federal criminal code to require (currently, authorize) the court to order restitution of the victim of the offense of which a defendant is convicted when such defendant is being sentenced for specified offenses. Authorizes a court to order restitution of any person who, as shown by a preponderance of the evidence, was harmed physically, emotionally, or pecuniarily by unlawful conduct of the defendant during the criminal episode during which the offense occurred or during the course of a scheme, conspiracy, or pattern of unlawful activity related to the offense. Directs the court: (1) to order restitution to a victim in the full amount of the victim's losses as determined by the court without consideration of the economic circumstances of the offender or the fact that a victim is entitled to receive compensation for a loss from insurance or any other source; and (2) upon determination of the amount owed to each victim, to specify in the restitution order the manner of, and schedule for restitution in consideration of the financial resources and other assets, projected earnings and other income, and financial obligations of the offender, including obligations to dependents. Specifies that: (1) a restoration order may direct the offender to make a single, lump-sum payment, partial payments at specified intervals, or such in-kind payments as may be agreeable to the victim and the offender; and (2) such in-kind payments may be in the form of the return or replacement of property, or services rendered to the victim or another person or organization. Provides that when the court finds that more than one: (1) offender has contributed to the loss of a victim, the court may make each offender liable for payment of the full amount of restitution or may apportion liability among the offenders to reflect the level of contribution and economic circumstances of each offender; and (2) victim has sustained a loss requiring restitution by an offender, the court shall order full restitution of each victim but provide for different payment schedules to reflect the economic circumstances of each victim. Sets forth provisions regarding: (1) compensation with respect to losses from insurance or other sources; (2) set-offs against amounts later recovered as compensatory damages by the victim in Federal and State civil proceedings; and (3) payment by the offender to the clerk of the court for accounting and payment in accordance with this Act. Specifies that a restitution order shall constitute a lien against all property of the offender and may be recorded in any Federal or State office for the recording of liens against real or personal property. Makes compliance with the schedule of payments and other terms of a restitution order a condition of any probation, parole, or other form of release of an offender. Specifies actions the court may take, including revocation of probation or supervised release, if a defendant fails to comply with a restitution order. Provides for enforcement of restitution orders. Authorizes: (1) a victim or the offender to petition the court to modify a restitution order in view of a change in the economic circumstances of the offender; and (2) the court to refer any issue arising in connection with a proposed restitution order to a magistrate or special master for proposed findings of fact and recommendations as to disposition, subject to a de novo determination of the issue by the court.
United States · United States Congress · 15 April 1991
Pornography Victims Protection Act of 1991 - Amends the Federal criminal code with respect to the prohibition against the sexual exploitation of children to add as a condition triggering Federal penalties that the person concerned knows that a minor was transported in interstate or foreign commerce for the purpose of producing pornography. Makes it a criminal offense for any person to coerce, intimidate, or fraudulently induce an individual 18 years or older to engage in any sexually explicit conduct for the purposes of producing any visual depiction of such conduct. Grants the U.S. district courts jurisdiction to prevent and restrain violations of this Act. Authorizes the Attorney General or any person threatened with loss or damage by such conduct to institute a civil suit. Provides for treble damages for a victim who suffers physical injury, emotional distress, or property damage. Imposes civil penalties for violation of the prohibition against sexual exploitation of children.
United States · United States Congress · 15 April 1991
Amends the Internal Revenue Code and title II of the Social Security Act (Old-Age, Survivors and Disability Insurance) with respect to the social security exemption for election officials and election workers employed by State and local governments to increase the allowed remuneration paid to such workers.
United States · United States Congress · 11 April 1991
Omnibus Adoption Act of 1991 - Title I: National Advisory Council on Adoption - Establishes the National Advisory Council on Adoption (the Council), to be appointed by the Secretary of Health and Human Services (HHS). Terminates such Council after four years. Title II: Adoption Data Collection System - Directs the Secretary of HHS to: (1) report to the Congress, within 30 days, on the status of the implementation of the adoption data collection system required under specified provisions of the Social Security Act, including specific assurances relating to such system; (2) report monthly to the Congress on the progress made in implementing such system; and (3) consult with the Council in developing regulations to carry out such reporting requirements and assurances. Title III: Adoption Education Programs - Amends the Higher Education Act of 1965 (HEA) to establish a program of fellowships for graduate study in social work, in innovative programs concerning the effects of adoption on the adopted children, their adoptive families, and their biological parents who make an adoption plan. Directs the Secretary of Education to award up to 50 such fellowships. Sets forth provisions for student selection procedures, stipends, payments to institutions, fellowship conditions, consultation with the Council, and an authorization of appropriations for FY 1992 through 1996. Directs the Secretary of Education, within one year after enactment of this Act, to make grants to States to carry out adoption education programs. Sets forth provisions for grants amounts, applications and agreements, program guidelines, consultation with the Council, and an authorization of appropriations for FY 1992 through 1994. Title IV: Adoption Benefits for Federal Employees and Military Personnel - Amends Federal law relating to Federal employees to allow their sick leave (including advance sick leave) to be used for purposes relating to the adoption of a child. Includes prenatal and maternal benefits (other than those relating to a surrogate parenting arrangement) for the biological mother of an adoptive child among the types of benefits which may be provided under Federal employee benefits plans. Directs the Office of Personnel Management (OPM) to establish minimum standards for this type of benefits, in accordance with specified guidelines. Amends Federal law relating to members of the uniformed services to require establishment of a program to reimburse them for expenses they incur for prenatal and maternal care provided to the biological mother of a child they legally adopt. Limits such reimbursement to care provided on or after the date on which the member notifies the appropriate administering Secretary. Prohibits such reimbursement for expenses incurred in carrying out a surrogate parenting arrangement. Includes prenatal care among types of authorized care for military dependents. Includes care for preexisting conditions among the types of authorized care for adopted children of uniformed service members. Defines adopted child, for purposes of Federal law relating to members of the uniformed services, as a child with respect to whom a written plan of adoption has been entered into pursuant to the laws of the State in which the child resides. Directs OPM and the Secretary of Defense to coordinate their development of regulations and guidelines to carry out their responsibilities under this title, and to consult with the Council in such development. Title V: Adoption Tax Credit - Amends the Internal Revenue Code (IRC) to establish a refundable tax credit for certain amounts of adoption expenses, for taxpayers at certain income levels. Title VI: Maternal Health Certificates Program - Directs the Secretary of HHS, within 180 days after enactment of this Act, to establish a program to provide maternal health certificates for eligible pregnant women to use to cover expenses incurred in receiving services at a maternal and housing services facility. Bases eligibility on an individual's having an annual individual income of not greater than 175 percent of the applicable official poverty line income. Determines such income without taking account of: (1) the income of any parent or guardian of the individual; or (2) the income of an estranged spouse who has been living apart from the woman for at least six months. Prohibits finding an individual ineligible for such program solely on the grounds that they do not receive aid under the State plan for aid for families with dependent children (AFDC) under the Social Security Act. Sets limits on the amount of expenses which such program certificates may cover. Directs the Secretary of HHS to consult with the Council in developing regulations for such program. Authorizes appropriations for FY 1992 through 1994 for such maternal health certificates program. Title VII: Rehabilitation Grants for Maternity Housing and Services Facilities - Directs the Secretary of Housing and Urban Development (HUD) to carry out a program to make grants to eligible nonprofit entities for rehabilitation of existing structures for use as facilities to provide housing and services to pregnant women. Sets forth provisions for such grant program authority, applications, limitations on numbers and amounts of grants, and reporting requirements. Directs the Secretary of HUD to consult with the Council in issuing such program regulations. Authorizes appropriations for such program for FY 1992 through 1994. Title VIII: Sense of Congress Regarding Changes in State Adoption Laws - Expresses the sense of the Congress that each State should adopt and enforce specified types of adoption laws, rules, or regulations, which include provisions for: (1) disclosure of all relevant information, including background information (except actual identification of the child or biological parents), to the prospective adoptive parent, with criminal penalties for unauthorized disclosure, (2) pre-placement investigations of the prospective adoptive parent; (3) disclosure to the court of all costs incurred by or on behalf of each party to the adoption; (4) guaranteed adequate legal representation for the biological mother; (5) filing of a petition for adoption with the appropriate court within one year after placement; and (6) coverage by the health plan of the adoptive parent of pregnancy and childbirth expenses (excluding surrogate parenting arrangements) for the child and the biological mother, or for any dependent child of the plan enrollee, and plan coverage of pre-existing conditions of adopted children.
United States · United States Congress · 11 April 1991
Amends the Federal criminal code to require a minimum sentence of five years' imprisonment, without an opportunity for parole, for the unlawful possession of a firearm by any person: (1) who has been convicted of a crime punishable by more than one year's imprisonment; (2) who is a fugitive from justice; (3) who is an unlawful user of or addicted to any controlled substance; (4) who has transported in interstate commerce any stolen firearm; or (5) who has received any stolen firearm. Increases from $5,000 to $10,000 and from five years to ten years the fine and term of imprisonment, respectively, for violation of Federal firearm laws. Increases the penalties for possession of a firearm in connection with a crime of violence or drug trafficking.
United States · United States Congress · 11 April 1991
Davis-Bacon Repeal Act of 1991 - Repeals the Davis-Bacon Act (an Act which requires that the locally prevailing wage rate be paid to various classes of laborers and mechanics working under federally-financed or federally-assisted contracts for construction, alteration, and repair of public buildings or public works).
United States · United States Congress · 10 April 1991
Designates the week beginning February 16, 1992, as National Visiting Nurse Associations Week.
United States · United States Congress · 22 March 1991
Declares that the Congress pays tribute on the 75th anniversary of the chartering of the Boy Scouts of America.
United States · United States Congress · 21 March 1991
Comprehensive Energy Policy Act of 1991 - Title I: Conservation and Energy Efficiency in the Electricity Sector - Subtitle A: Electricity and Utilities - Amends the Public Utility Regulatory Policies Act of 1978 to declare that the rates charged by a State-regulated electric utility shall be such that its net income after implementation of cost effective conservation measures is at least as high as it would have been if such measures had not been implemented. Directs the Tennessee Valley Authority to use least-cost planning in its decision-making regarding increased electric power demand. Requires unregulated utilities to initiate or expand efforts to ensure that cost-effective energy efficiency is pursued by customer utilities. Sets forth energy efficiency guidelines for unregulated utilities. Requires unregulated utilities to submit an annual energy efficiency status report to the Secretary of Energy (the Secretary). Authorizes the Secretary to provide energy efficiency and conservation grants to State regulatory authorities upon their submission of an energy efficiency and conservation plan. Authorizes appropriations. Subtitle B: Residential, Commercial, and Federal Energy Use - Amends the National Energy Conservation Policy Act to direct the Secretary to establish a technical assistance program for States and localities to update the energy efficiency provisions of residential and commercial building codes. Mandates certification by each State that it has updated its residential and commercial building energy codes. Directs the Secretary to establish a task force to advise in the development of the energy efficiency update program. Authorizes appropriations. Requires the Secretary to promulgate procedures that may be used by governmental entities and the private sector to assign efficiency ratings to residential buildings. Requires the Secretary to implement a technical assistance program utilizing energy efficiency rating systems based on such promulgated procedures. Directs the Secretary to report to the President and the Congress on such procedures and State actions to implement them. Authorizes appropriations. Sets a deadline by which each Federal agency must: (1) install energy conservation measures in Federal buildings with a specified payback period; (2) submit a list of projects to the Secretary which meet such payback criterion; and (3) have substantially completed at least 25 percent of such projects or as many as would account for 25 percent of total energy savings. Directs the Secretary to develop guidelines for the selection of energy service contractors by Federal agencies. Directs the Secretary to: (1) establish the Federal Energy Efficiency Fund to provide grants to Federal agencies to enable them to meet energy conservation requirements in Federal buildings; and (2) report annually to the Congress on progress. Authorizes appropriations. Authorizes Federal agency participation in energy conservation programs conducted by gas or electric utilities. Directs the Secretary to: (1) establish a financial bonus program to reward outstanding facility energy managers in Federal agencies; (2) study the monetary value of the environmental benefits resulting from energy efficiency improvements in Federal buildings; (3) establish a program to install in Federal buildings commercial energy efficiency technologies developed by entities receiving Federal financial research and development assistance; and (4) disseminate an evaluation of each energy efficiency technology included in the program. Authorizes appropriations. Requires the Administrator of the General Services Administration to: (1) issue guidelines to Federal Product Schedule users to encourage their purchase of preferred energy efficient models based upon a life-cycle-cost-benefit analysis; (2) provide assistance to manufacturers whose energy efficient products are not listed on the Federal Product Schedule to encourage inclusion of their products on it; and (3) submit a status report to the Congress on manufacturers on the Schedule. Authorizes appropriations. Subtitle C: Standards and Information - Directs the Secretary to: (1) provide financial assistance to support a voluntary national window rating program to develop energy ratings and labels for windows and window systems; (2) develop voluntary national standards for industrial insulation; (3) review and report to the Congress on energy audit procedures in commercial, agricultural, and industrial sectors; (4) establish test procedures and develop energy conservation standards for lamps, appliance motors, and small package air conditioners; (5) evaluate for the Congress the feasibility of requiring electric lights and utility distribution transformers to meet minimum energy efficiency levels (and the possible replacement of existing transformers); and (6) submit to the Congress a program plan for promoting the early introduction of high-efficiency appliances by utilities and appliance manufacturers. Authorizes appropriations. Subtitle D: Tax Provisions - Amends the Internal Revenue Code to: (1) exclude from gross income the value of energy and water conservation subsidies provided by a public utility to a customer; and (2) restore the tax credit for energy conservation expenditures on oil-heated homes. Title II: Conservation in the Transportation Sector - Subtitle A: Alternative Fuels - Amends the Motor Vehicle Information and Cost Savings Act to direct the Secretary of Transportation when amending fuel economy standards: (1) not to consider the fuel economy of alcohol-powered automobiles or natural gas-powered automobiles; but (2) to consider dual energy automobiles and natural gas dual energy automobiles to be operated exclusively on gasoline or diesel fuel. Sets forth acquisition and credit allocation guidelines for owners, operators and lessees of fleets of alternative fuel vehicles. Prescribes civil and administrative penalties for noncompliance with this Act. Subtitle B: Natural Gas as a Transportation Fuel - Amends the Natural Gas Act to state that its provisions shall not apply to a person solely because such person sells or transports natural gas for subsequent use as a fuel in transportation vehicles. Preempts any State regulation prior to January 1, 1989, with respect to natural gas transportation in closed containers, or the sale of natural gas for use as a fuel in transportation vehicles. Declares that a company shall not be considered a gas utility company under the Public Utility Holding Company Act of 1935 solely because it distributes or sells natural gas as a fuel for transportation vehicles. Amends the Natural Gas Policy Act of 1978 to define a "high-priority user" as any person who uses natural gas as a fuel in transportation vehicles. Subtitle C: Fuel Economy - Amends the Motor Vehicle Information and Cost Savings Act to direct the Secretary of Transportation to amend the average fuel economy standard to levels which the Secretary determines are the maximum feasible average fuel economy level for model years beginning after model year 1996. Extends from ten to 30 days the period during which the Secretary of Energy may provide the Secretary of Transportation with written comments on the level of proposed amended fuel economy standards. Directs the Secretary of Transportation to determine by rule an appropriate fuel economy credit to be given to electric vehicle manufacturers. Subtitle D: Miscellaneous - Amends the Internal Revenue Code to exclude from the gross income of an employee the value of any qualified transportation benefit provided by the employer. Requires the Administrator of the Environmental Protection Agency (EPA) to issue regulations providing for appropriate credits for complying with the Clean Air Act to persons who operate programs for the scrapping of older, less fuel efficient vehicles. Directs the Secretary of Energy to study whether consumers use automotive fuel octane ratings higher than needed to operate their vehicles, and, if so, to take appropriate consumer education steps to reduce the excess use of premium gasoline. Declares certain conservation requirements under the Clean Air Act applicable to all employers of 100 or more persons in standard metropolitan statistical areas of 250,000 or more people. Declares it is U.S. policy that by 2000 at least ten percent of the Nation's vehicle transportation needs shall be served by domestic non-petroleum fuels. Directs the Secretary of Energy to establish an electric vehicle research and development grant program to fund joint venture demonstrations of electric vehicles, and to develop an electric vehicle infrastructure. Authorizes appropriations. Declares that for purposes of the Natural Gas Act, vehicular natural gas, including gas sold wholesale or transported by persons with service area determinations, shall be deemed to be ultimately consumed in the State in which physical delivery of a natural gas sale occurs, whether or not physical combustion occurs in another State. Directs the Administrator of EPA to approve use of methylcyclopentadienyl manganese tricarbonyl (MMT) in unleaded gasoline in amounts up to .03125 grams per gallon. Title III: Renewable Energy Sources - Subtitle A: PURPA Size Cap and Co-Firing Reform - Amends the Public Utility Regulatory Policies Act of 1978 (PURPA) to direct the Federal Energy Regulatory Commission (FERC) to prescribe rules requiring electric utilities to offer to purchase electric capacity from alternative power production facilities only through competitive acquisition. Subjects alternative power production facilities to current cogeneration and small power production rules. Subtitle B: Hydroelectric Power Regulatory Reform - Amends the Federal Power Act to direct FERC to require hydroelectric power project license applicants to consult with certain Federal and State agencies and Indian tribes and file a plan and schedule for conducting studies as part of the licensing process. Sets forth guidelines for additional licensing procedures. Directs FERC to coordinate a single, consolidated licensing review (including review under the National Environmental Policy Act of 1969) of a hydropower project license application by all interested Federal and State agencies and Indian tribes. Removes from FERC jurisdiction hydropower projects with installed capacities of five megawatts or less that have not received a license by the date of enactment of this Act. Permits such projects with licenses to petition for their surrender. Subtitle C: Credit for Electricity Generated Using Solar, Wind, or Geothermal Energy - Amends the Internal Revenue Code to allow an income tax credit for electricity generated using solar, wind, or geothermal energy (renewable electricity generating credit). Extends the period allowing existing solar and geothermal energy credits. Subtitle D: Study of Tax and Rate Treatment of Renewable Energy Projects - Directs the Secretary of Energy to study and report to the Congress on the tax and rate treatment of renewable energy projects. Subtitle E: Encouragement of Energy Recovery From Waste - Requires each Federal agency to adopt policies and institute regulatory changes to encourage and remove regulatory obstacles to the burning of high-BTU secondary materials as a fuel substitute. Title IV: Electric Power - Subtitle A: Public Utility Holding Company Act Reform - Sets forth regulatory guidelines for the treatment of public utility holding companies as exempt wholesale generators. Subtitle B: Miscellaneous - Amends the Federal Power Act to mandate that FERC, as a prerequisite to approving a rate or charge filed as the result of an agreement between a public utility and a wholesale seller, require the purchasing utility to certify that the charge conforms to its least-cost planning as approved by a regulatory authority, or, if no such plan exists, that the charge is less than, or equal to, the utility's avoided cost. Authorizes appropriations to the Secretary of Energy for electronic switching research. Requires the Secretary to study and report to the Congress on legislative and regulatory reforms and incentives to provide improved electric transmission transfer capability between the councils comprising the North American Electric Reliability Council. Title V: Natural Gas Regulatory Reform - Directs FERC to: (1) issue regulations to expedite pipeline certifications; and (2) report to certain congressional committees on recommended reforms to facilitate increased deliverability of natural gas to consumers. Amends the Natural Gas Act to provide that, for purposes of the National Environmental Policy Act of 1969, a FERC certificate of public convenience and necessity for a natural gas facility construction or extension is the only Federal action requiring a detailed environmental impact statement. Directs FERC to permit natural gas facility construction on operation applicants to prepare such statements. Amends the Natural Gas Policy Act of 1978 to authorize an interstate pipeline to construct facilities incidental to transportation service upon 30 days notice to the affected State commission. Amends the Natural Gas Act to declare that a natural gas transportation rate mutually agreed-upon by a natural-gas company and the customer is deemed just and reasonable and in compliance with this Act. Sets forth expedited certification procedures for natural gas transportation and related facilities construction. Provides for the construction and operation of natural gas transportation facilities with an option not to obtain a certificate of public convenience and necessity (thus taking such facility out of the jurisdiction of the Act). Sets forth deadlines for a rehearing under the Natural Gas Act. Declares that facilities repair or replacement does not require a certificate of public convenience and necessity. Sets forth certification procedures for priority natural gas facility. Title VI: Oil and Gas Production - Subtitle A: Arctic Coastal Plain Domestic Energy Leasing - Arctic Coastal Plain Domestic Energy Leasing Act of 1991 - Directs the Secretary of the Interior to implement a competitive oil and gas leasing program for the Coastal Plain Study Area of the Arctic National Wildlife Refuge. States that this Act shall be considered the primary land management authorization for all exploration and production activities on the Coastal Plain. Provides that no land management review shall be required except as specifically authorized by this Act. Mandates that all receipts from sales, rentals, bonuses, and royalties on leases under this Act be deposited into the Treasury. Directs the Secretary to promulgate regulations to ensure that oil and gas exploration and transportation activities are conducted to achieve the reasonable protection of animal and environmental resources (including subsistence uses of the Coastal Plain). States that the "Arctic National Wildlife Refuge, Alaska, Coastal Plain Resource Assessment," prepared by the Secretary, satisfies all legal requirements for such promulgation and that no further studies or assessments shall be required. Directs the Secretary to provide impact aid and other assistance to communities on the North Slope and elsewhere in Alaska in order to ensure the public services needed to accommodate oil and gas production and transportation activities on the Coastal Plain. Subtitle B: Tax Incentives for Oil and Natural Gas Exploration and Production - Amends the Internal Revenue Code (IRC) to allow as an income tax credit 15 percent of: (1) any qualified investment in crude oil and natural gas exploration activities; and (2) the qualified cost of each barrel of eligible crude oil (marginal production credit). Declares that intangible drilling and development costs with respect to oil and gas wells shall also apply to surface casting costs and geological and geophysical costs for ascertaining the existence, location, extent or quality of domestic oil or gas deposits (thus qualifying them for deduction). Repeals the taxable income limitation on oil and gas well depletion allowances. Defines tar sands for IRC purposes. Removes from the alternative minimum tax purview oil and gas well depletion allowances and intangible drilling costs. Declares that the tax treatment with respect to mineral sharing arrangements shall be determined without regard to Revenue Ruling 77-176. Subtitle C: Oil Pipeline Deregulation - Oil Pipeline Regulatory Reform Act - Amends the Department of Energy Organization Act to terminate FERC jurisdiction over oil and other pipelines except the Trans-Alaska Pipeline. Authorizes the Attorney General to petition the Secretary of Energy (the Secretary) for an adjudication of whether Commission rate regulation of an existing pipeline in any market is in the public interest. Prescribes adjudication guidelines. Provides that pipeline rates for service to markets which are not identified in a mandatory published adjudications list will no longer be subject to FERC regulatory jurisdiction. Prescribes adjudication guidelines under which the Secretary shall find that regulation of a pipeline is in the public interest only if it is demonstrated that such regulation is necessary to constrain the exercise of substantial market power in the supply and demand of products transported by the pipeline in that market. States that new pipelines shall not be subject to existing Commission regulatory jurisdiction or rate regulation, but shall be subject to common carrier regulation under such Act. States that Commission rate regulation shall be prospective only. Prohibits terminated Commission regulatory jurisdiction from reverting to any other Federal agency. Confers exclusive, original jurisdiction over any petition for judicial review upon the U.S. Court of Appeals for the District of Columbia Circuit. Precludes from such judicial review any action of the Attorney General under this Act, including adjudication petitions. Outlines the parameters within which pipelines are required to operate as common carriers. Requires pipelines to file terms of carriage schedules (except carriage rates) with the Commission. Sets forth guidelines for maximum rates, on a market by market basis, subject to price cap regulation based on base rates and cumulative changes in a Competitive Pipeline Price Index. Precludes a pipeline from conditioning its services upon entering into other transactions or on taking or refraining from any action. Requires the Secretary to report to the Congress regarding the results of this Act five years after the conclusion of all adjudications. Retains the applicability of antitrust laws to pipeline transportation of crude oil or refined oil products. Subtitle D: Leasing of Naval Petroleum Reserve - Naval Petroleum Reserve Leasing Act - Authorizes the President to lease Naval Petroleum Reserve Numbered 1 (California) if it is not necessary for national defense purposes. Sets forth leasing and antitrust guidelines. Mandates the use of competitive leasing procedures, minimum royalty payments, and crude oil set asides for sale to small refiners by Reserve lessees. Authorizes the President to take certain steps to arrange and conduct a leasing action. Authorizes the President to acquire privately owned lands or physical improvements within a Naval Petroleum Reserve if a lease of Naval Petroleum Reserve Numbered 1 cannot be arranged. Amends the Energy Policy and Conservation Act to authorize the Secretary of Energy (the Secretary) to store within the Strategic Petroleum Reserve a Defense Petroleum Inventory of petroleum products (in addition to any other acquisition and storage for such Reserve required by law). Directs the Secretary to obligate the United States share of funds available in the Naval Petroleum Reserve Lease Proceeds Special Account (created by this Act) for the acquisition of 10,000,000 barrels of petroleum products for the Defense Petroleum Inventory. Declares that upon request of the Secretary of Defense: (1) petroleum products acquired for or dedicated to the Defense Petroleum Inventory shall be drawn down and distributed by the Secretary of Energy for the Department of Defense for use, sale, or exchange; and (2) the Secretary of Energy shall replace in the Defense Petroleum Inventory those petroleum products drawn down on behalf of the Department of Defense. Requires the Department of Defense to reimburse the Department of Energy for services rendered under this Act. Establishes the Naval Petroleum Reserve Lease Proceeds Special Account in the Treasury to implement this Act. Funds such Special Account with amounts realized from the lease of any United States interest in Naval Petroleum Reserve Numbered 1. Sets forth a payment scheme under which lease proceeds shall be used to make payments to the State of California. Declares that: (1) the authority to lease under this Act extends to specified sections within Naval Petroleum Reserve Numbered 1; and (2) this Act does not affect the withdrawal of lands provided for in certain school land grants. Subtitle E: Outer Continental Shelf Local Impact Assistance - Coastal State and Community Outer Continental Shelf Impact Assistance Act - Establishes the Coastal State and Community Outer Continental Shelf Impact Assistance Fund whose revenues shall be paid to and used by coastal States, especially for subdivisions socially or economically impacted by mineral development on the Outer Continental Shelf. Subtitle F: Western Hemisphere Energy Policy - Directs the President to report to the Congress on actions taken to implement U.S. policy to focus attention in trade negotiations and international consultations on investment policies that expand worldwide production capacity and diversity of oil suppliers. Title VII: Coal and Coal Technology - Directs the Secretary of Energy to: (1) conduct (and report annually to the Congress regarding) an advanced coal-based technologies research and development program; and (2) submit to the Congress a domestic coal export expansion plan. Establishes the Clean Coal Technology Export Coordinating Council to: (1) expand the export and use of clean coal technologies with an emphasis on their use in lesser developed countries; and (2) provide certain congressional committees with a plan detailing actions to be taken to address specified recommendations of the Secretary. Requires the Secretary to: (1) submit a status report to the Congress on commercialization of coal fuel mixtures; and (2) conduct a research and demonstration program for utilizing "ultra-clean coal-water slurry" in diesel locomotive engines. Authorizes appropriations. Amends the Internal Revenue Code to restore investment credits for pollution devices required by the Clean Air Act Amendments of 1990. Title VIII: Nuclear - Nuclear Standardization and Safety Reform Act of 1991 - Subtitle A: Licensing Reform - Amends the Atomic Energy Act of 1954 to direct the Nuclear Regulatory Commission (NRC) to issue a combined construction and operating license to an applicant after holding a public hearing and determining that facility construction and operation will comply with NRC rules and regulations. Directs the NRC to propose implementing regulations regarding combined license applications. Subtitle B: Amendment of PUHCA - Amends the Public Utility Holding Company Act of 1935 (PUHCA) to require the Securities and Exchange Commission to exempt a public utility holding company from coverage under such Act if it controls utility assets pursuant to an NRC-approved management agreement and otherwise meets at least one of the other criteria for exemption. Permits the acquisition of securities of a public utility company controlling utility assets by an affiliate or an affiliate of another public utility or holding company if the control is pursuant to such an agreement. Subtitle C: Fast Flux Test Facility - Directs the Secretary of Energy to establish a research, development, and production center known as the "Research Reactor User Complex" (RRC) at the Hanford Reservation in Richland, Washington. Mandates that a contractor under contract with the Department of Energy to operate the RRC maintain and operate the Fast Flux Test Facility for the Department's account. Establishes the "RRC Fund" from which the Secretary may make expenditures to offset the cost of operating the RRC. Subtitle D: Effective Date - Sets forth the effective date of this title.
United States · United States Congress · 21 March 1991
Private Property Rights Act of 1991 - Prohibits any regulation issued by an executive agency from becoming effective until that agency is certified by the Attorney General as being in compliance with Executive Order 12630 or similar procedures to assess the potential for, and minimize, the taking of private property by regulatory activity. Limits judicial review of an action taken pursuant to this Act to the question of certification. Directs the Secretary of Agriculture to: (1) study the effect this Act will have on the farm economy and agricultural production; and (2) report to specified congressional comittees on necessary actions to limit that effect and on Department of Agriculture procedures to minimize the taking of private property in regulatory procedures.
United States · United States Congress · 21 March 1991
Drug Free Truck Stop Act of 1991 - Amends the Controlled Substances Act to impose mandatory minimum criminal penalties for the unlawful distribution or possession of controlled substances within 1,000 feet of a truck stop or safety rest area. Prohibits the suspension of a sentence, granting of probation, or eligibility for parole until the individual has served the minimum required sentence under the Federal criminal code for any person who violates this Act after a prior conviction under this Act has become final. Requires the U.S. Sentencing Commission to promulgate specified sentencing guidelines for violations of this Act. Bars multiple enhancements.
United States · United States Congress · 20 March 1991
Telecommunications Equipment Research and Manufacturing Competition Act of 1991 - Amends the Communications Act of 1934 to authorize any Bell Telephone Company (BTC), through an affiliate of such company, to manufacture and provide telecommunications equipment, except that no BTC may engage in such manufacturing with an unaffiliated BTC or affiliates thereof. Allows such manufacturing or provision to be conducted only through an affiliate that is separate from any BTC. Requires the Federal Communications Commission (FCC) to prescribe regulations to ensure that: (1) such manufacturing affiliate maintains separate accounts and records from its affiliated BTC which identify all financial transactions with the BTC; (2) neither a BTC nor any of its non-manufacturing affiliates carry out sales, advertising, installation, production, or maintenance operations for a manufacturing affiliate, except under specified conditions, such affiliate incurs debt entirely separate from and without recourse against the affiliated BTC; (4) such affiliate shall not be required to operate separately from any other affiliates of its BTC; (5) if an affiliate of a BTC becomes affiliated with a manufacturing entity, it shall be treated as a manufacturing affiliate of the BTC; (6) such affiliate shall make available any telecommunications equipment manufactured by such affiliate to any purchasing carrier, so long as each such purchaser does not manufacture such equipment or agrees to make available to the BTC or any of its affiliates any telecommunications equipment manufactured by such purchasing carrier or any of its affiliates for use with the public telecommunications network by such carrier or any of its affiliates; and (7) such affiliate shall not discontinue or restrict sales to other local exchange telephone companies of any telecommunications equipment until arrangements are made to provide to them the specifications, plans, and tools to allow them to arrange for the manufacture of such equipment by another entity. Directs the FCC to require that each BTC maintain and file with the FCC complete information with respect to the protocols and technical requirements for connections with and use of its telephone exchange service facilities. Prohibits a BTC from disclosing any such information to its affiliates unless such information is immediately so filed. Requires any two or more carriers providing regulated telephone exchange service in the same area to notify each other of the deployment of telecommunications equipment. Requires the FCC to ensure that manufacturers in competition with a BTC's manufacturing affiliate have access to information with respect to the protocols and technical requirements for connection with and use of its telephone exchange service facilities required for such competition that such BTC makes available to its affiliate. Requires the FCC to prescribe regulations to require any BTC which has a manufacturing affiliate to: (1) provide to other manufacturers of telecommunications equipment and customer premises equipment that is functionally equivalent to equipment manufactured by BTC affiliates opportunities to sell such equipment to such BTC which are comparable to opportunities the BTC provides to its affiliates; (2) not subsidize its manufacturing affiliate with revenues from its regulated telecommunications service; and (3) only acquire equipment from its manufacturing affiliate at the open market price. Allows a BTC and its affiliates to engage in close collaboration with any manufacturer of customer premises or telecommunications equipment during the design and development of hardware and software relating to such equipment.
United States · United States Congress · 20 March 1991
Grants a Federal charter to the Retired Enlisted Association, Incorporated.
United States · United States Congress · 20 March 1991
Authorizes the States to waive application of the Commercial Motor Vehicle Safety Act of 1986 to vehicles used either for transporting farm supplies from retail dealers to or from a farm, for custom harvesting, or in commercial feed yard operations, regardless of whether or not they are controlled or operated by a farmer.