United States · United States Congress · 22 July 1991
Petroleum Marketing Competition Enhancement Act - Amends the Petroleum Marketing Practices Act to prohibit a refiner from: (1) selling motor fuel to a customer for resale (customer) at a price higher than the refiner's adjusted retail price for the same or a similar grade or quality of motor fuel sold from a direct operated outlet in the same geographic area (sale of fuel at higher prices); and (2) entering into a scheme or agreement to set, change, or maintain maximum retail prices of motor fuel, except with respect to a refiner's retail sales at its direct operated outlets. Requires that: (1) in comparing a refiner's adjusted retail price to a refiner's price to other customers, adjustments be made to account for differences in freight, taxes, and inspection fees, whether or not the items are separately listed as part of the price; and (2) if a refiner includes consumer credit as part of its price, an adjustment for the cost of such credit be made in comparing the prices. Sets forth enforcement provisions, including: (1) proceedings by the Attorney General (establishes fines ranging from $5,000 to $25,000 for each violation, and authorizes civil actions and equitable relief); (2) private civil actions, including class actions, (and establishes a right to jury trial); and (3) proceedings by State attorneys general. Allows a person bringing an action to enforce provisions concerning the sale of fuel at higher prices to establish a prima facie case by showing that the refiner has sold motor fuel to a customer at a price that is higher than: (1) 94 percent of its consumer retail price per gallon (or, in the event of a sale to a branded wholesaler, 90 percent); or (2) the refiner's consumer retail price per gallon less the most recently available average retail operating expenses per gallon (and, in the event of a sale by a refiner to a branded wholesaler, also less the most recently available average wholesale operating expenses per gallon for the State in which the consumer retail price was charged). Specifies that: (1) in the event that the relevant State has not conducted an annual survey (pursuant to this Act) to determine the average retail or average wholesale operating expenses, the average operating expenses for the retail and wholesale petroleum industry, as determined by the Secretary of Energy, shall be used; and (2) such prima facie case may be overcome by a preponderance of evidence that the refiner's actual retail and average wholesale operating expenses, if applicable, are less than the evidence presented by the plaintiff to establish such prima facie case. Directs the Secretary to conduct an annual survey to determine the average retail and average wholesale operating expenses per gallon for the petroleum industry. Permits a State or State agency to authorize an annual State survey to reflect local conditions with respect to motor fuels sold to the public in that State. Directs that any such survey regarding: (1) retail operating expenses and actual wholesale operating expenses be based upon all direct and indirect expenses attributable to the sale of a gallon of motor fuel to the public by direct and nondirect operated outlets; and (2) wholesale operating expenses be based on all direct and indirect expenses attributable to the wholesale sale of a gallon of motor fuel by a refiner or a branded wholesaler to a branded dealer.
United States · United States Congress · 17 July 1991
California Desert Protection Act of 1991 - Title I: Wilderness Additions - Designates as additions to the National Wilderness Preservation System 77 wilderness areas within the California Desert Conservation Area (CDCA), the Yuma District, and the Bakerfield District of the Bureau of Land Management. Permits grazing in such areas. Prohibits the approval of any plan of operation prior to determining the validity of unpatented mining claims, mill sites, and tunnel sites affected by plans in such areas. States that non-designated areas within the CDCA have been adequately studied for inclusion in the System and releases them from otherwise applicable restrictions. Designates certain lands within the CDCA as the White Mountains Wilderness Study Area. Title II: Death Valley National Park - Establishes the Death Valley National Historic Park which subsumes the Death Valley National Monument. Withdraws the additional lands from further exploitation under the mining laws. Requires the Secretary of the Interior (the Secretary) to determine the validity of any unpatented mining claims, mill sites, and tunnel sites within such additional lands and whether the United States should acquire any mineral rights in such lands. Preserves grazing privileges on such lands for persons holding permits as of July 1, 1991. Terminates all grazing on July 1, 2016. Title III: Joshua Tree National Park - Establishes the Joshua Tree National Park which subsumes the Joshua Tree National Monument. Withdraws the additional lands from further exploitation under the mining laws. Requires the Secretary to determine the validity of any unpatented mining claims, mill sites, and tunnel sites within such additional lands and whether the United States should acquire any mineral rights in such lands. Continues the validity of certain rights-of-way of the Metropolitan Water District. Title IV: Mojave National Park - Establishes the Mojave National Monument which subsumes the East Mojave National Scenic Area. Withdraws Federal lands within the Monument from further exploitation under the mining laws. Requires the Secretary to determine the validity of any unpatented mining claims, mill sites, and tunnel sites within the Monument and whether the United States should acquire any mineral rights in such lands. Authorizes the Secretary to regulate mining in such Monument. Preserves grazing privileges on such lands for persons holding permits as of July 1, 1991. Terminates all grazing on July 1, 2016. Continues the validity of existing rights-of-way for specified activities. Directs the Secretary to submit a management plan for the Monument to the Senate Committee on Energy and Natural Resources and the House Committee on Interior and Insular Affairs. Designates the Granite Mountains Natural Reserve within the Monument. Authorizes the Secretary to construct a visitors' center and acquire lands. Title V: National Park Wilderness - Designates as wilderness the Death Valley National Park Wilderness, the Joshua Tree National Park Wilderness Additions, and the Mojave National Monument Wilderness. Title VI: Miscellaneous Provisions - Directs the Secretary to transfer Red Rock Canyon State Park Additions in the CDCA to California. Establishes the Desert Lily Sanctuary within the CDCA. Prohibits the Secretary and the Secretary of Agriculture from: (1) disposing of lands within the boundaries of any wilderness, park, or monument designated by this Act; (2) granting rights-of-way in lands within designated wilderness; and (3) making lands within such boundaries available for use by the Metropolitan Water District. Requires the Secretary to transfer certain Federal lands selected by the California State Lands Commission upon transfer to the United States of State school lands of equivalent value that are included in areas designated as wilderness and national parks under titles I through IV of this Act. Sets forth procedures for establishing fair market value. Creates the California Desert State Lands Credit Account in the event that the value of selected Federal lands is less than that of transferred State lands. Authorizes the Secretary to exchange Federal mineral interests in lands in California for private mineral interests in wilderness areas and national parks designated by this Act. Directs the Secretary to insure nonexclusive access to the wilderness areas, parks, and monument designated by this Act for traditional Indian cultural and religious purposes. Reserves Federal water rights for wilderness areas designated by this Act. Authorizes appropriations. Title VII: Definitions - Sets forth specified definitions.
United States · United States Congress · 16 July 1991
Social Security Protection Act of 1991 - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to exclude the appropriations for the administration of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund from Federal budget deficit calculations and to exempt such appropriations from sequestration under such Act.
United States · United States Congress · 11 July 1991
National Wildlife Refuge System Act of 1991 - Amends the National Wildlife Refuge System Administration Act of 1966 to set forth new purposes for which the National Wildlife Refuge System shall be administered, including: (1) acquiring, restoring, maintaining, and managing of lands and water to conserve native fish, wildlife, and plants and their habitats with special attention focused on endangered species of fish, wildlife, and plants in refuges; and (2) helping to fulfill the international treaty obligations of the United States with respect to fish and wildlife and their habitats. Requires the Secretary of the Interior, acting through the Director of the U.S. Fish and Wildlife Service, to issue regulations governing the manner of finding whether an existing or proposed new use in a refuge is compatible or incompatible with the established purposes of such refuge. Directs the Secretary to prepare and revise at least once every ten years a comprehensive plan governing the administration of the National Wildlife Refuge System. Requires the Director to: (1) review, within two years of enactment of this Act, cooperative agreements and memoranda of understanding governing refuges not under the primary jurisdiction of the Service; and (2) negotiate modification of terms and conditions with the appropriate agencies, if needed, to achieve the purposes for which the refuges were established. Directs the Secretary to identify and discontinue incompatible uses of refuges that do not meet established refuge purposes. Requires annual reports to specified congressional committees, together with one special report, a year after enactment, on: (1) the usefulness of comprehensive planning for individual refuges; and (2) the role of the System in maintaining biological diversity in the United States.
United States · United States Congress · 11 July 1991
Amends the General Education Provisions Act to exclude from the definition of educational records, under requirements relating to family educational and privacy rights, any records maintained by a law enforcement unit of the educational agency or institution, that were created by that law enforcement unit for the purpose of law enforcement.
United States · United States Congress · 11 July 1991
Community Right-To-Know More Act of 1991 - Amends the Solid Waste Disposal Act to revise congressional findings, objectives, and national policy provisions. Title I: Expansion of Toxics Release Inventory - Requires owners or operators of facilities subject to toxic chemical release requirements under the Emergency Planning and Community Right-To-Know Act of 1986 that meet threshold requirements under this Act to include supplemental information comparable to that required in toxic chemical release forms for transfers or releases of chemicals that are: (1) priority pollutants relating to steam electric power point source pollutants under the Federal Water Pollution Control Act; (2) specified hazardous wastes listed under the Solid Waste Disposal Act; (3) specified chemicals listed under the Clean Air Act; (4) pesticides with respect to which the registration has been denied, cancelled, or is under suspension or pesticides undergoing administrative review or that are classified for restricted use; (5) chemicals listed under the Safe Drinking Water Act for which maximum contaminant levels have been proposed; (6) chemicals identified as carcinogens by the Carcinogen Assessment Group of the Environmental Protection Agency (EPA), the International Agency for Research on Cancer, or the National Toxicology Program; (7) extremely hazardous substances listed pursuant to the Emergency Planning and Community Right-To-Know Act of 1986; (8) chemicals listed in 90 California Regulatory Notice Register 990 as reproductive toxins; or (9) listed under the Emergency Planning and Community Right-To-Know Act of 1986 that are not used at a level that meets threshold requirements for reporting but are released to the environment or transferred to an offsite waste management facility in amounts meeting the threshold under this Act. Provides that a facility meets the threshold requirements with respect to a chemical listed under this Act if the facility: (1) uses the chemical at a level that meets the threshold requirement for reporting under the Emergency Planning and Community Right-To-Know Act of 1986; or (2) releases to the environment or transfers to an offsite waste management facility a chemical in an amount greater than or equal to 100 pounds annually in the case of metals or metal compounds or 2,000 pounds annually for any other chemical. Authorizes the EPA Administrator to establish lower thresholds for any chemical, user segment, or facility. Permits authorized States to establish lower thresholds for facilities in their jurisdictions. Authorizes the Administrator to delete a carcinogen or reproductive toxin from the list under this Act if it is not otherwise listed under this Act or the Emergency Planning and Community Right-To-Know Act of 1986. Applies toxic chemical release reporting requirements to facilities employing at least ten full-time employees that are not currently subject to such requirements, but meet threshold reporting requirements under this Act or the Emergency Planning and Community Right-To-Know Act of 1986. Title II: Toxics Use Reduction - Requires owners or operators of covered facilities to submit: (1) annual toxics use reduction reports for each covered chemical for which such facilities are required to file toxic chemical release forms or supplemental information pursuant to title I; and (2) annual plans for reducing the use of covered chemicals. Sets forth report and plan requirements and submission deadlines. Authorizes the Administrator to modify such plans. Requires the Administrator to establish an advisory board to determine a professional code of practice for toxics use reduction materials accounting and planning. Directs owners or operators of facilities in violation of standards, permit conditions, or regulations pertaining to the management or release of covered chemicals, upon the request of 50 citizens or employees, to establish a workplace toxic use reduction committee to provide ongoing dialogue and appraisal of the progress toward pollution prevention. Requires the committee to meet at least quarterly to review a facility's progress on toxics use reduction. Directs the Administrator to implement a strategy to promote toxics use reduction. Requires the Administrator, Federal agencies, and States or political subdivisions, in issuing or approving regulatory action under specified environmental, consumer protection, occupational health and safety, and energy Acts, to make toxics use reduction an integral part of the planning, decisionmaking, and rulemaking process. Authorizes the Administrator to require owners or operators of facilities to provide records and information and grants the Administrator access to records, products, or raw materials. Requires the Administrator to establish a technical assistance and research program to promote and study toxics use reduction. Directs the Administrator to analyze information on production units reported by facilities for purposes of classifying such units into groups that use similar production processes and covered chemicals. Authorizes the Administrator to classify such units into groups on the basis of industrial categories according to Standard Industrial Classification codes. Requires the Administrator to: (1) classify ten groups, to be referred to as user segments; (2) evaluate the reduction in the use and generation of covered chemicals by each production unit in each user segment; and (3) prepare and make available to the public an annual percentile ranking of each unit according to use and generation as byproduct. Authorizes the Administrator to promulgate regulations to establish minimum toxics use reduction performance requirements for production units in user segments. Sets forth regulation requirements. Applies provisions of the Emergency Planning and Community Right-To-Know Act of 1986 concerning trade secrets, the provision of information to health professionals, and public availability of information to toxics information under this Act. Waives Federal facility compliance with toxics use reduction and reporting requirements upon the request of the Secretary of Defense and the President's determination that such waiver is in the interest of national security. Directs the Administrator to study and report to the appropriate congressional committees on methods of encouraging the reporting of toxics information through the use of computer telecommunication and other means. Requires the Director of the Office of Technology Assessment to study and report to the Administrator and the Congress on the provision to the public of toxic release inventory information and related information required to be submitted to the Administrator. Prescribes civil and administrative penalties for violations of toxics use reduction and reporting requirements. Sets forth provisions concering civil actions with respect to such violations. Requires the Administrator to establish a grant program to assist States and local governments in establishing innovative toxics use reduction programs. Directs States to make 75 percent of a grant available to local governments for carrying out toxics use reduction. Bases the awarding of grants on the extent to which chemical substances are manufactured, processed, used, and disposed of in a State, the extent of exposure to such substances in a State, and the population density of a State. Authorizes appropriations for such grants and for toxics use reduction under this Act. Requires the Administrator to: (1) implement a procurement policy that reduces, avoids, or eliminates the acquisition of agency procurement items made with or containing covered chemicals and hazardous secondary materials; and (2) make recommendations to the Congress for a national toxics use reduction procurement policy covering all procuring agencies, Federal facilities, and government contractors. Amends the Pollution Prevention Act of 1990 to increase the amounts authorized to be appropriated for functions under such Act and to increase and extend the authorization of appropriations for technical assistance grants to States. Title III: Waste Stream Reporting - Amends the Solid Waste Disposal Act to revise recordkeeping and reporting requirements for hazardous waste generators. Directs hazardous waste generators to report annually to the Administrator and authorized State agencies on the quantity of hazardous waste generated from each catastrophic event, remedial action, or one-time event not associated with production processes. Sets forth reporting requirements for generators of solid waste in amounts in excess of 11,000 pounds a month and for facilities managing solid and certain special wastes generated by fossil fuels combustion, mining, and activities involving cement kilns. Reqiures the Administrator to: (1) maintain publicly accessible databases for hazardous, solid, and special waste stream data reported under this Act; (2) make the data accessible on a cost reimbursable basis; and (3) report to the Congress on links between EPA databases and changes that would facilitate links between all major EPA operations.
United States · United States Congress · 10 July 1991
Directs the U.S. Postal Service to promulgate regulations to: (1) make medical waste nonmailable with the general U.S. mail stream; and (2) require any person who ships such waste to use registered mail with a return receipt. Sets forth penalties for violation of this Act.
United States · United States Congress · 27 June 1991
Drug Treatment and Prevention Act of 1991 - Amends the Public Health Service Act (PHSA) to direct the Secretary of Health and Human Services to: (1) establish a capacity expansion program that will provide grants to assist States to expand their capacity to provide effective and comprehensive treatment to individuals who use illegal drugs; and (2) award such grants to States in which a demand for drug treatment services exceeds the capacity of organizations operating in those States to provide such services. Sets forth application procedures, Federal funding limitations, and other requirements with respect to such program. Specifies that funds provided under this Act for such program shall supplement, not supplant, existing or planned drug treatment services in a State and shall be available only for the provision of direct treatment services. Authorizes appropriations. Amends the Drug-Free Schools and Communities Act of 1986 to revise provisions with respect to emergency grants to authorize the Secretary to make drug-free schools emergency target grants to eligible local educational agencies (LEAs) and consortia of LEAs (currently, limited to LEAs) that: (1) demonstrate significant need for additional assistance for purposes of reducing and preventing drug and alcohol use and drug-related crime among students served by such agencies (currently, to combat drug and alcohol use among such students); (2) support projects that require cooperative linkages between schools and communities to reduce and prevent drug and alcohol use among schoolchildren; (3) demonstrate the most effective approaches to reducing and preventing drug and alcohol use among schoolchildren; and (4) promote the goal that every school in America will be free of drugs and violence and will offer a discipined environment conducive to learning. Specifies: (1) authorized activities by LEAs with grant funds; and (2) eligibility and application requirements for such grants by LEAs and consortia of LEAs. Directs the Secretary, in awarding grants, to give special preference to applications that: (1) hold particular promise for reducing and preventing the incidence of drug and alcohol use and drug-related violence in elementary and secondary schools; (2) are based on a rigorous and comprehensive research design; and (3) have demonstrated that they will integrate the resources of families, community groups, and the media into an effective, community-based assault on drug and alcohol use in schools. Requires the Secretary to conduct an evaluation of this program. Sets forth provisions with respect to: (1) grant amounts and distribution of funds; and (2) set-asides from appropriations to conduct such evaluation, provide training and technical assistance to LEAs, and disseminate the results of the program. Authorizes approriations. Requires a local or intermediate educational agency or consortium to include in any application to the State educational agency for a drug and alcohol abuse prevention grant a statement of how any emergency target grants funded by the Government under this Act are integrated into the overall prevention plan set forth in the application. Amends the PHSA to require a State, in order to receive specified Federal funds, to develop, implement, and submit for approval a statewide drug treatment and prevention plan, which shall designate a single State agency for developing and implementing the plan. Sets forth plan and reporting requirements. Requires States to maintain expenditures for drug-related services at a level equal to not less than the average amount of such expenditures for the preceding two years to qualify for grants, subject to waiver by the Secretary under specified circumstances.
United States · United States Congress · 26 June 1991
Amends the Employee Retirement Income Security Act of 1974 (ERISA) to provide that title I (Protection of Employee Benefit Rights) does not preempt any State law which provides for: (1) the payment of prevailing wages; or (2) standards or other requirements relating to apprenticeship or other training programs.
United States · United States Congress · 26 June 1991
Official Anthem of the Statue of Liberty - States that it is the intent of the 101st Congress to memorialize "The Most Beautiful Lady in the World" written and composed by Helmut C. Calabrese and Paul L. Calabrese, and dedicates it as the official anthem of the Statue of Liberty.
United States · United States Congress · 19 June 1991
Airport and Airway Trust Fund Integrity Act of 1991 - Declares that the receipts and disbursements of the Airport and Airway Trust Fund allocable to transportation-related operations shall not be counted as new budget authority, outlays, receipts, or deficit or surplus for purposes of: (1) the budget of the United States as presented by the President; (2) the congressional budget; or (3) the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Exempts the fund from sequestration orders. Amends the Congressional Budget and Impoundment Control Act of 1974 to prohibit the Senate or the House of Representatives from considering any concurrent resolution on the budget or reconciliation bill that would treat the Airport and Airway Trust Fund as part of the Federal budget. Amends the Internal Revenue Code to repeal the increase in taxes on the rates of transportation of persons and property by air and the Airport and Airway Trust Fund financing rate (for the aviation fuel tax). Provides for a credit or refund of excess taxes paid for floor stocks of aviation fuel held prior to the effective date of this Act.
United States · United States Congress · 18 June 1991
James Madison-Bill of Rights Commemorative Coin Act - Directs the Secretary of the Treasury (the Secretary) to mint and issue five-dollar gold coins emblematic of the Bill of Rights, and one-dollar silver coins emblematic of James Madison. Sets forth guidelines for their sale and issuance, and for financial assurances. Mandates that the surcharges received by the Secretary shall be transmitted to the James Madison Memorial Fellowship Trust Fund. Authorizes audits by the Comptroller General. Provides a general waiver of procurement regulations when implementing this Act.
United States · United States Congress · 18 June 1991
Authorizes the President, on behalf of the Congress, to present to the Secretary of Defense, Richard B. Cheney, a gold medal in recognition of his exemplary performance as a leader in coordinating the planning, strategy, and execution of combat action by U.S. armed forces which led to the liberation of Kuwait. Authorizes appropriations. Authorizes the Secretary of the Treasury to provide for the sale of bronze duplicates of the medal.
United States · United States Congress · 11 June 1991
Amends title XVIII (Medicare) of the Social Security Act to prohibit the Secretary of Health and Human Services from using claim sampling to deny claims or recover overpayments under the Medicare program without probable cause that fraud exists.
United States · United States Congress · 10 June 1991
Petroleum Marketing Practices Act Amendments of 1991 - Amends the Petroleum Marketing Practices Act to modify the definition of "contract" to include any contract between specified parties which is economically necessary to the operation of the franchise. Preempts conflicting or irreconcilable provisions of State law. Provides that the termination or non-renewal of a franchise relationship, upon expiration of an underlying lease for marketing premises, is reasonable if specified conditions exist. Declares unenforceable certain supply restrictions contained in franchise contracts between a refiner and a retailer, or a refiner and a distributor.
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
Leading Employers Into Apprentice Partnerships Act - Amends the Internal Revenue Code to provide a tax exemption for organizations administering a qualified apprenticeship education program. Allows a general business credit of 20 percent of contributions made to such programs by a business.
United States · United States Congress · 4 June 1991
Exotic Bird Conservation Act of 1991 - Prohibits the import into or export of birds out of the United States without permit. Directs the Secretary of the Interior to establish a joint permit system to expedite the application and approval process for such imports and exports. Requires importers and exporters to obtain licenses as well. Conditions such a license on compliance with certain facilities standards. Authorizes the Secretary, at any time during the five years following enactment of this Act, to prescribe annual limits to imports of any species of birds, on a gradually declining scale in order to reduce and ultimately end the import of such species by the fifth anniversary of the enactment of this Act. Sets forth statutory limits which shall become effective if the Secretary has not prescribed such annual limits within 180 days after enactment. Sets forth purposes for which import permits must be issued, including scientific research, zoological exhibition, and captive breeding. Prohibits domestic bird ranching operations or approval of foreign captive-breeding facilities unless they meet specified standards. Sets forth criteria for the importation of pet birds. Requires the Secretary to set up a system for registering persons who wish to acquire or transfer birds imported five years after enactment of this Act (other than ranched, captive-bred, or pet birds). Prohibits the transfer of any bird imported five years after enactment without registration. Establishes general requirements for registration. Prohibits the transfer of any bird imported five years after enactment unless it has been marked according to regulations. Requires the Secretary to publish in the Federal Register a list of those species of birds that need not be marked. Sets forth recordkeeping and reporting requirements for registrants. Directs the Secretary to establish: (1) a computerized information system for recording and analyzing information on imported birds; and (2) a voluntary National Avicultural Program to provide incentives for improved management and care of birds held for captive breeding. Prescribes a procedure for petitioning the Secretary to make findings or determinations or take other actions under this Act. Requires the Secretary to: (1) promulgate regulations addressing the special health and welfare needs of exotic birds in quarantine; and (2) cooperate fully in implementation of specified avian transport guidelines. Authorizes the Secretary to develop research programs on the injury, morbidity, and mortality of birds. Requires the Secretary to encourage development of safe and efficacious vaccines for major avian diseases. Sets forth civil and criminal penalties for imports and transfers in violation of this Act. Provides for compliance inspections, seizures or forfeitures of birds and equipment, and suspension of licenses or registration. Provides for citizen suits to enforce this Act. Authorizes the Secretary, acting through the Director of the U.S. Fish and Wildlife Service, to provide financial assistance for projects for research, conservation, management, or protection of exotic birds. Entitles any foreign government agency responsible for bird conservation, the Secretariat of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), and any organization or individual with bird conservation experience to submit project proposals. Sets forth criteria for project approval. Establishes in the Treasury an Exotic Bird Conservation Fund to provide for project assistance. Authorizes appropriations.
United States · United States Congress · 4 June 1991
Wild Bird Protection Act of 1991 - Makes it unlawful for any person to: (1) import, transfer, possess, or sell any exotic bird unless such person is properly licensed and such bird meets specified marking requirements; and (2) commit, attempt to commit, or solicit another to commit, a violation of such requirements. Authorizes the Secretary of the Interior (Secretary) to issue licenses permitting: (1) the importation of certain exotic birds; and (2) the transfer of wild exotic birds. Sets forth specified reporting and recordkeeping requirements. Directs the Secretary to issue regulations requiring the marking of exotic birds. Authorizes: (1) the sale of captive exotic birds only if they are properly marked; and (2) the marking of such birds if the owner can show that they have been legally acquired. Exempts common canaries, cockatiels, budgerigars, or other qualifying species from such marking requirements. Authorizes a person to petition the Secretary with respect to any finding, determination, or other action authorized by this Act. Sets forth both civil and criminal penalties. Sets forth provisions relating to: (1) inspections and seizures and dispositions of such birds; (2) suspension of licenses; and (3) imposition of fees.
United States · United States Congress · 4 June 1991
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
Amends Federal highway provisions to allow longer combination vehicles (LCVs) to continue to operate only if the Secretary of Transportation determines that such vehicles were authorized by State statute or regulation conforming to Federal law and were in actual, continuing lawful operation on June 1, 1991. Specifies that: (1) all such operations shall continue to be subject to, at the minimum, all State statutes, regulations, limitations, and conditions, including routing-specific and configuration-specific designations and all other restrictions (statutes and restrictions), in force on June 1, 1991; and (2) nothing in this Act shall prevent any State from further restricting or prohibiting the operation of LCVs whose continued operation is authorized under such provisions, with exceptions. Directs the Secretary, within 60 days, to publish in the Federal Register a complete list of such State statutes and restrictions, which shall become final 60 days after publication. Bars LCVs from operating except as provided in such list. Sets forth analogous restrictions with respect to cargo carrying unit limitations under Federal transportation provisions.
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 · 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
Declares that it is U.S. policy to: (1) work with and furnish assistance to tropical forest nations to ensure maintenance and sustainable uses of such forests; (2) encourage nongovernmental organizations to implement sustainable forest management programs for conservation of tropical forests and biological diversity; (3) support model demonstration projects for sustainable use and conservation and support increased research and training in forest ecology and management; and (4) establish bilateral agreements between the United States and Brazil and between the United States and other nations to share technology, experience, training, and research in tropical forest conservation. Requires the President to report to the Congress on the progress made in carrying out this Act.
United States · United States Congress · 15 May 1991
Campus Sexual Assault Victims' Bill of Rights Act of 1991 - Amends the Higher Education Act of 1965 (HEA) to require each eligible institution participating in any program under HEA title IV (Student Assistance) to include a statement of policy regarding the rights of victims of sexual assault, that complies with specified requirements, in its disclosure of campus security policy and campus crime statistics. Requires each institution of higher education to establish and implement a written policy establishing a campus sexual assault victims' bill of rights which provides that specified rights shall be accorded to such victims by all campus officers, administrators, and employees of such institution.
United States · United States Congress · 15 May 1991
Designates the week beginning July 21, 1991, as Korean War Veterans Remembrance Week. Requires the President to urge that the American flag be flown at half staff on July 27, 1991, in honor of those Americans who died as a result of their service in Korea.
United States · United States Congress · 14 May 1991
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 · 2 May 1991
Antiterrorism Act of 1991 - Amends the Federal criminal code to define the term "international terrorism" to include activities that: (1) involve violent acts that are a violation of Federal or State laws, or that would be a criminal violation if committed within the jurisdiction of the United States or of any State; (2) appear to be intended to intimidate or coerce a civilian population, influence the policy of a government by intimidation or coercion, or affect the conduct of a government by assassination or kidnapping; and (3) occur primarily outside U.S. territorial jurisdiction or transcend national boundaries. Authorizes any U.S. national injured in his person, property, or business by reason of an act of international terrorism to bring a civil action in U.S. district court and recover treble damages and the cost of the suit, including attorney's fees. Specifies that a final judgment or decree rendered in favor of the United States in certain classes of criminal proceedings (such as those involving the murder of a foreign official, kidnapping, hostage taking, killing of a U.S. national, or an aircraft piracy-related offense) or in favor of any foreign state in a criminal proceeding to the extent that such judgment or decree may be accorded full faith and credit under U.S. law shall estop the defendant from denying the essential allegations of the criminal offense in a subsequent civil proceeding under this Act. Sets forth provisions with respect to jurisdiction and venue for, and limitation of, such civil actions.
United States · United States Congress · 2 May 1991
Federal Facilities Compliance Act of 1991 - Amends the Solid Waste Disposal Act to waive the sovereign immunity of the United States for purposes of enforcing Federal, State, interstate, and local requirements with respect to solid and hazardous waste management. Absolves Federal employees from personal liability for civil penalties under any Federal or State solid or hazardous waste law if the act or omission was within the scope of official duties. Makes such employees subject to criminal sanctions under such laws. Prohibits Federal agencies from being subject to such sanctions. Authorizes the Administrator of the Environmental Protection Agency to commence an administrative enforcement action against any Federal agency pursuant to the authorities of the Solid Waste Disposal Act. Requires fines collected by States from the Federal Government for violations of hazardous and solid waste management requirements to be used only for projects to improve or protect the environment or to defray the costs of environmental protection or enforcement.
United States · United States Congress · 30 April 1991
Morris K. Udall Wilderness Act of 1991 - Designates specified lands in Alaska as the Arctic Coastal Plain Wilderness and a component of the National Wilderness Preservation System.
United States · United States Congress · 25 April 1991
Family Caregiver Support Act of 1991 - Amends the Social Security Act to add a new title XXI entitled "Grants to States for Family Caregiver Support Programs" to establish a program to enable States to furnish services to support informal caregivers of individuals with functional disabilities. Outlines State plan requirements for such caregiver support services, including requirements that: (1) States must support 50 percent of program administration costs; (2) services may not supplant Medicare or Medicaid (titles XVIII and XIX of the Social Security Act) or private insurance otherwise available to eligible recipients of services; and (3) persons with incomes exceeding 200 percent of the Federal poverty level must pay on a sliding fee scale established by the State, up to a maximum annual income of $75,000. Caps total annual Federal expenditures at $2,400 per eligible recipient. Authorizes appropriations to carry out the new title.
United States · United States Congress · 24 April 1991
Amends the Federal Aviation Act of 1958 to require the Secretary of Transportation to issue regulations requiring the use of child safety restraint systems on commercial aircraft. Expresses the sense of the Congress that the United States representative to the International Civil Aviation Organization should seek an international standard to require that airline passengers be restrained on takeoff and landing and when directed by the captain of such aircraft.
United States · United States Congress · 24 April 1991
Designates September 20, 1991, as National POW/MIA recognition Day. Requires the display of the National League of Families POW/MIA flag: (1) at all national cemeteries and the National Vietnam Veterans Memorial on May 30, 1991 (Memorial Day), September 20, 1991 (National POW/MIA Recognition Day), and November 11, 1991 (Veteran's Day); and (2) on, or on the grounds of, the White House, and the buildings containing the primary offices of the Secretaries of State, Defense, and Veterans Affairs, and the Director of the Selective Service Commission on September 20, 1991 (National POW/MIA Recognition Day).
United States · United States Congress · 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.
![Official portrait of Rep. Rinaldo, Matthew J. [R-NJ-7]](https://www.congress.gov/img/member/r000262_200.jpg)