United States · United States Congress · 31 July 1991
Establishes a Joint Committee on the Organization of the Congress to: (1) make a full and complete study of the organization and operation of the Congress; and (2) recommend improvements in such organization and operation with a view toward strengthening its effectiveness, simplifying its operations, improving its relationships with other branches of the Government, and improving the orderly consideration of legislation. Requires a report to the Senate and the House of Representatives not later than the adjournment sine die of the 102d Congress.
United States · United States Congress · 22 July 1991
Petroleum Marketing Competition Enhancement Act - Amends the Petroleum Marketing Practices Act to prohibit a refiner from: (1) selling motor fuel to a customer for resale (customer) at a price higher than the refiner's adjusted retail price for the same or a similar grade or quality of motor fuel sold from a direct operated outlet in the same geographic area (sale of fuel at higher prices); and (2) entering into a scheme or agreement to set, change, or maintain maximum retail prices of motor fuel, except with respect to a refiner's retail sales at its direct operated outlets. Requires that: (1) in comparing a refiner's adjusted retail price to a refiner's price to other customers, adjustments be made to account for differences in freight, taxes, and inspection fees, whether or not the items are separately listed as part of the price; and (2) if a refiner includes consumer credit as part of its price, an adjustment for the cost of such credit be made in comparing the prices. Sets forth enforcement provisions, including: (1) proceedings by the Attorney General (establishes fines ranging from $5,000 to $25,000 for each violation, and authorizes civil actions and equitable relief); (2) private civil actions, including class actions, (and establishes a right to jury trial); and (3) proceedings by State attorneys general. Allows a person bringing an action to enforce provisions concerning the sale of fuel at higher prices to establish a prima facie case by showing that the refiner has sold motor fuel to a customer at a price that is higher than: (1) 94 percent of its consumer retail price per gallon (or, in the event of a sale to a branded wholesaler, 90 percent); or (2) the refiner's consumer retail price per gallon less the most recently available average retail operating expenses per gallon (and, in the event of a sale by a refiner to a branded wholesaler, also less the most recently available average wholesale operating expenses per gallon for the State in which the consumer retail price was charged). Specifies that: (1) in the event that the relevant State has not conducted an annual survey (pursuant to this Act) to determine the average retail or average wholesale operating expenses, the average operating expenses for the retail and wholesale petroleum industry, as determined by the Secretary of Energy, shall be used; and (2) such prima facie case may be overcome by a preponderance of evidence that the refiner's actual retail and average wholesale operating expenses, if applicable, are less than the evidence presented by the plaintiff to establish such prima facie case. Directs the Secretary to conduct an annual survey to determine the average retail and average wholesale operating expenses per gallon for the petroleum industry. Permits a State or State agency to authorize an annual State survey to reflect local conditions with respect to motor fuels sold to the public in that State. Directs that any such survey regarding: (1) retail operating expenses and actual wholesale operating expenses be based upon all direct and indirect expenses attributable to the sale of a gallon of motor fuel to the public by direct and nondirect operated outlets; and (2) wholesale operating expenses be based on all direct and indirect expenses attributable to the wholesale sale of a gallon of motor fuel by a refiner or a branded wholesaler to a branded dealer.
United States · United States Congress · 18 July 1991
Intermodal Surface Transportation Infrastructure Act of 1991 - Declares that: (1) it is a goal of the United States to develop a national intermodal transportation (IT) system that moves people and goods in an energy efficient manner; and (2) the nation's future economic direction is dependent on its ability to confront directly the challenges of the global economy, declining productivity growth, energy vulnerability, air pollution, and the need to rebuild the nation's infrastructure. Title I: Federal-Aid Highways - Declares that the authorizations of appropriations and apportionments for construction of the Dwight D. Eisenhower National System of Interstate and Defense Highways (Interstate System - IS) made by this Act are the final authorizations of appropriations and apportionments for completion of construction of the IS. Directs the Secretary of Transportation to apportion for all States (other than Massachusetts) for FY 1993 specified sums authorized for such year by the Federal-Aid Highway Act of 1956 for expenditure on the IS, based on the apportionment factors contained in Committee Print 102-10 of the House Committee on Public Works and Transportation. Extends specified apportionments for the IS through FY 1997. Authorizes appropriations. Sets forth provisions with respect to: (1) obligation ceilings for Federal-aid highways and highway safety construction programs for FY 1992 through 1996, with exceptions; and (2) the distribution of, limitation on, and redistribution of unused, obligation authority. Authorizes appropriations from the Highway Trust Fund (HTF) for: (1) the State flexible program; (2) the National Highway System (NHS); (3) the urban mobility system (UMS); (4) the rural mobility system (RMS); (5) the combined highway safety improvement program; (6) the bridge program; (7) Indian reservation roads; (8) forest highways; (9) public lands highways; (10) parkways and park highways; (11) Federal Highway Administration (FHWA) safety programs; and (12) FHWA safety research and development programs. Requires: (1) that not less than ten percent of the amounts authorized to be appropriated under titles I and III of this Act be expended with small business concerns owned and controlled by socially and economically disadvantaged individuals, with exceptions; (2) each State to annually survey and compile a list of disadvantaged business enterprises and the location of such concerns in the State, and notify the Secretary, in writing, of the percentage of such concerns which are controlled by women, by socially and economically disadvantaged individuals other than women, and by individuals who are women and also otherwise socially and economically disadvantaged individuals; and (3) the Secretary to establish minimum uniform criteria for State governments to use in certifying whether a concern qualifies as a disadvantaged business enterprise. Specifies that: (1) with respect to highway, safety, and motor carrier budget authority, $5,200,000,000 provided in each of FY 1992 through 1995, and $5,600,000,000 in FY 1996, shall be attributed to estimated revenues resulting from four cents of a five-cent increase in the gas tax effective FY 1992, as provided in this Act; (2) with respect to transit budget authority, $1,300,000,000 provided in each of FY 1992 through 1995, and $1,400,000,000 in FY 1996, shall be attributed to estimated revenues resulting from one cent of such gas tax increase; and (3) excess budget amounts and accompanying outlays shall be considered direct spending for pay-as-you-go and deficit control purposes of the Balanced Budget and Emergency Deficit Control Act of 1985. Prohibits the use of excess revenues for other purposes. Sets forth additional provisions with respect to the apportionment of funds and the designation and use of pay-as-you-go funds. Restructures the Federal-aid highway program by reorganizing it into four Federal-aid systems: (1) the IS; (2) the NHS; (3) the UMS; and (4) the RMS. Requires: (1) each State to functionally reclassify the roads and streets in such State; and (2) the Secretary to approve and submit a report to the Congress containing such reclassification by September 30, 1992. Directs the Secretary to establish a flexible program under which a State may expend funds apportioned to it for carrying out any project or activity for which Federal funds may be obligated under Federal highway provisions. Includes among eligible NHS projects: (1) construction, resurfacing, and rehabilitation of segments of such system; (2) highway safety improvements for segments of such system; (3) highway-related technology transfer activities; (3) public transportation; (4) fringe and corridor parking; (5) carpool and vanpool projects; and (6) bicycle transportation. Includes among eligible UMS and RMS systems: (1) construction, resurfacing, and rehabilitation of segments of such system; (2) highway safety improvements; (3) public transportation; (4) transportation planning; (5) highway-related and public transportation-related technology transfer activities; (6) bicycle transportation and and pedestrian walkways; (7) landscaping, scenic enhancement, and planting of wild flowers; and (8) participation in wetland mitigation banks and statewide programs to create, conserve, or enhance wetland habitat. Authorizes appropriations under the interstate substitute program for highway and transit projects. Sets forth provisions with respect to apportionments: (1) under the interstate substitute program; and (2) for the NHS, RMS, UMS, and the State flexible program. Limits the transferability of NHS apportionments, but provides special transferability rules for nonattainment areas for carbon monoxide or ozone under the Clean Air Act (CAA). Revises program and project approval provisions to bar the Secretary from approving: (1) projects after September 30, 1992, which are not included in a transportation improvement program (TIP); (2) any program of projects in an urbanized area not based on the planning process (under Federal highway provisions) and without consideration by the State of the views of responsible public officials of the affected area; (3) a highway project (other than a project for construction of high occupancy vehicle lanes) in an urbanized area of more than 200,000 population which will significantly increase the motor vehicle carrying capacity of a highway facility unless the project is consistent with a congestion management system for such area; and (4) a highway project which has associated with it a project for the construction of a pedestrian walkway or a bicycle transportation facility under the State TIP unless the Secretary first approves such pedestrian walkway or bicycle transportation project, with exceptions. Directs the Secretary, in approving programs for: (1) NHS projects in non-urbanized areas, to require that such projects be selected by the State in consultation with appropriate local officials; (2) RMS projects, to require that such projects be selected by the State highway department, appropriate local officials, and Indian tribal governments in cooperation with each other, with exceptions; (3) NHS projects, to give preference to such projects as will expedite the completion of an adequate and connected system of highways interstate in character; (4) UMS projects, to require that such projects be selected by the designated metropolitan planning organization (MPO) in consultation with the State; and (5) Federal-aid systems, to give priority to projects which incorporate improved standards and features with safety benefits. Authorizes the Secretary, in approving programs, to give priority of approval to, and expedite the construction of, projects that are recommended by specified officials as important to the national defense. Specifies that, in preparing programs to submit for approval, the Secretary and the State: (1) shall give consideration to projects providing direct and convenient public access to public airports, public ports for water transportation, new town communities, and new town-intown communities; and (2) may give priority to projects for the reconstruction, resurfacing, restoration, or rehabilitation of highways which are incurring a substantial use as a result of transportation activities to meet national energy requirements and which will continue to incur such use. Sets forth provisions with respect to preconstruction activities and contracting for engineering and design services. Requires the Secretary to report to the Congress a national list of rights-of-way identified by the MPOs and the States, including a strategy for preventing further loss of rights-of-way and the desirability of creating a Transportation Right-of-Way Land Bank to preserve vital corridors. Authorizes the States, MPOs, or units of local government (using NHS, UMS, or RMS funds) to purchase threatened rights-of-way subject to certain limitations. Directs the Secretary, in approving such purchases, to give priority to those rights-of-way most imminently threatened with being lost to transportation purposes. Sets forth provisions regarding the availability of Federal funds, set asides for discretionary and 4R (resurfacing, restoring, rehabilitating, and reconstructing) projects, and the Federal share of IS and other Federal-aid highway projects. Bars States from allowing a longer combination vehicle (LCV) to be operated on the IS within its boundaries without having its apportionment of funds withheld, unless authorized under this Act. Authorizes a State to continue to allow LCVs lawfully operated on June 1, 1991, to operate on the IS within its boundaries, subject to specified requirements. Establishes separate requirements for the State of Wyoming. Makes additional exceptions with respect to the operation of certain specialized hauling vehicles on Interstate Route 68 in Garrett and Allegany Counties, Maryland. Directs the Secretary to conduct a study of State and Federal regulations pertaining to transporters of water well drilling rigs on public highways to identify requirements which place a burden on such transporters without enhancing safety or preservation of public highways and to report to the Congress within two years on the results of such study. Exempts firefighting vehicles from axle weight limitations and the bridge formula for vehicles using the IS for two years, subject to renewal for an additional year. Directs the Secretary to conduct a study of State laws regulating the use on the IS of such vehicles and the issuance of permits by States exempting such vehicles from such requirements to determine whether or not: (1) such State laws and Federal highway provisions need to be modified; (2) a permanent exemption should be made for such vehicles; or (3) the bridge formula should be modified as it applies to such vehicles. Sets forth reporting requirements. Directs the Secretary to permit Federal participation in initial construction (current law authorizes such participation in construction) and 4R projects with respect to toll highways, bridges, or tunnels, and conversion of toll-free bridges or tunnels to toll facilities on the same basis as Federal participation is permitted in the construction of free highways. Sets forth provisions with respect to ownership of such facilities, limitations on the use of revenues and on the Federal share, and modification of agreements to allow Federal participation. Eliminates the public operation requirement for toll ferries. Directs the Secretary to void certain agreements with respect to: (1) the Fort McHenry Tunnel, Maryland; and (2) the I-78 Delaware River Bridge. Replaces railway-highway crossing provisions with provisions for a combined highway safety improvement program, under which each State shall: (1) conduct and systematically maintain an engineering survey of all highways to identify hazardous locations, as well as railroad crossings which may require separation, relocation, or protective devices; (2) assign priorities for correction; and (3) establish and implement a schedule of projects for improvements so identified. Sets the Federal share for projects under such program at 80 percent of the cost. Authorizes the Secretary to classify the various types of projects involved in the elimination of hazards of railway-highway crossings and set for each classification a percentage of the costs of construction deemed to represent the net benefit to the railroads for the purpose of determining the railroads' share of construction costs. Sets forth provisions with respect to liability for construction costs, discharge of liability, and enforcement of Act requirements. Provides for the apportionment of funds. Directs the Secretary to set aside $300,000 for Operation Life Saver (a public information and education program to prevent and reduce motor vehicle accidents, injuries, and fatalities, and to improve driver performance at railway-highway crossings). Authorizes the use of funds by local governments for the improvement of railway-highway crossings under specified circumstances. Requires each State to: (1) establish an evaluation process to assess results achieved by highway safety improvement projects and develop cost-benefit data for various types of corrections and treatments which shall be used in setting priorities for such projects; and (2) submit progress reports to the Secretary by December 30 of each year. Directs the Secretary to: (1) initiate a rulemaking proceeding to revise the guidelines and standards for the installation of roadside crash cushions; and (2) coordinate the field testing of the vehicle proximity alert system and comparable systems to determine their feasibility for use by priority vehicles as an effective railroad-highway grade crossing safety device (and, if feasible, to develop and implement programs to install such devices). Sets forth provisions with respect to the control of outdoor advertising. Directs MPOs, in cooperation with the State, to develop transportation plans and programs for urbanized areas of the State which provide for the development of transportation facilities (including pedestrian walkways and bicycle transportation facilities) which will function as an IT system for the State and such urbanized areas. Provides for the designation or redesignation of MPOs for each urbanized area of the State. Sets forth provisions with respect to the area covered by the transportation planning process and the factors to be considered in developing transportation plans and programs, such as: (1) applicable Federal, State, and local energy conservation programs, goals, and objectives; (2) applicable CAA requirements; (3) methods to reduce traffic congestion; (4) the effect of transportation decisions on land use and development; (5) the use of innovative mechanisms for financing projects; and (6) long-range needs of transportation systems in the urbanized area. Sets forth special rules for urbanized areas of greater than 200,000 population. Requires MPOs designated for urbanized areas, in cooperation with the State, to develop a long range transportation plan and a TIP for such area. Requires biennial review and approval of TIPs. Directs the Secretary to establish in the Department of Transportation (DOT) an advisory committee to review: (1) the planning process being utilized by MPOs; (2) the composition and organization of such MPOs; (3) the impact on such MPOs of changing demographics and increased responsibilities under Federal highway provisions and under the CAA; and (4) the relationship between the MPO and statewide planning processes. Sets forth reporting requirements. Sets forth provisions with respect to statewide planning that are analogous to those for metropolitan planning. Authorizes: (1) the Secretary to develop highway construction training and assistance programs in cooperation with Indian tribal governments; and (2) the States to implement a preference for employment of Indians on projects carried out under this title near Indian reservations. Authorizes: (1) the use of RMS or UMS funds for capital improvement to provide access and coordination between intercity and rural bus service, and for construction of facilities to provide connections between highway transportation and other modes of transportation; and (2) the Secretary to approve as a project on any Federal-aid system modifications to existing highway facilities on such system necessary to accommodate other modes of transportation if such modifications will not adversely affect automotive safety or future highway improvements. Makes public mass transportation projects in urbanized areas subject to metropolitan planning requirements under this Act. Directs the Secretary to: (1) inventory all highway bridges on Indian reservation roads and park bridges; (2) classify them according to serviceability, safety, and essentiality for public use; (3) assign each a priority for replacement or rehabilitation; and (4) determine the cost of replacing each such bridge with a comparable facility or of rehabilitating such bridge. Authorizes the Secretary to approve Federal participation in the painting of, or application of calcium magnesium acetate to, the structure of highway bridges upon application by a State for assistance. Provides for the apportionment of discretionary bridge program funds. Authorizes the expenditure of certain funds to rehabilitate, paint, or apply calcium magnesium acetate to highway bridges located on public roads other than those on the Federal-aid system. Requires a set-aside for such activities with respect to Indian reservation bridges. Authorizes the Secretary to carry out specified high cost bridge projects. Authorizes appropriations. Makes permanent the extension of the 65 miles per hour speed limit demonstration program. Directs the Secretary to issue regulations with respect to: (1) the monitoring of programs conducted by the States to ensure uniformity; (2) the placing of devices and equipment at such locations on maximum speed limit highways on a scientifically random basis which takes into account the relative risk of motor vehicle accidents occurring, considering the classes of such highways and the speeds at which vehicles are traveling. Sets forth a formula for the transfer of a State's apportionment of Federal highway funds if such State fails to adequately enforce the speed limit. Requires a State to obligate at least 50 percent of any funds transferred under this title for a fiscal year for speed limit enforcement and public information and education. Requires the Secretary to carry out such provisions through the National Highway Transportation Safety Administration (NHTSA). Provides for the transfer of certain FHWA personnel to the NHTSA to carry out such provisions. Directs the Secretary, on October 1 or as soon as possible thereafter in FY 1992 and each succeeding fiscal year, to allocate among the States amounts sufficient to ensure that a State's percentage of the total apportionments in each fiscal year under Federal highway provisions shall not be less than 90 percent of the percentage of estimated tax payments attributable to highway users in such State paid into the HTF (other than the Mass Transit Account) in the latest fiscal year for which data is available. Authorizes a State, subject to approval by the Secretary, to obligate: (1) UMS and flexible program funds for the construction of pedestrian walkways and bicycle transportation facilities on land adjacent to any highway on a Federal-aid system (other than the IS); and (2) NHS funds for such construction adjacent to any highway funds, at the discretion of the department charged with the administration of such funds, for the construction of such walkways and facilities in conjunction with trails, roads, highways, and parkways on Federal lands. Requires each State receiving an apportionment under this title to fund, in the State transportation department, a position of bicycle and pedestrian coordinator. Authorizes, with respect to highway bridge deck replacement or rehabilitation, such replacement or rehabilitation so as to provide for the safe accommodation of bicycles, subject to certain conditions. Sets the Federal share of pedestrian walkway and bicycle transportation facility construction at 80 percent. Requires such walkways and facilities to be located and designed pursuant to an overall plan with due consideration for safety and contiguous routes. Limits the use of motorized vehicles on pedestrian walkways and trails under this title. Requires that: (1) two percent of funds made available for Indian reservation roads for each fiscal year be allocated to those Indian tribal governments applying for transportation planning; and (2) the Indian tribal government develop a TIP that includes all Indian reservation road projects proposed for funding. Directs the Secretary to: (1) conduct a study on differences between the use of funds out of the HTF on, and the designation of roads as, Indian reservation roads and rural mobility highways; and (2) report to the Congress on the results, together with any recommendations for correcting inequities identified. Requires the Secretary, within one year, to issue regulations for State development, establishment, and implementation of a system (which may include a compliance schedule and minimum standards) for managing: (1) highway pavement of the Federal-aid system; (2) bridges on and off such system; (3) highway and transportation safety; (4) traffic congestion; (5) public transportation facilities and equipment; and (6) IT facilities and systems. Directs the Secretary to issue guidelines and requirements for the State development, establishment, and implementation of a traffic monitoring system for highways and public transportation facilities and equipment. Sets forth additional provisions with respect to State requirements, intermodal requirements, reporting requirements, and funding. Authorizes appropriations for congestion relief projects. Directs the Secretary to: (1) carry out research, development, and technology transfer activities to promote the safe operation and maintenance of commercial motor vehicles in interstate commerce; and (2) make grants to, and enter into cooperative agreements with, a not-for-profit membership organization that has been engaged exclusively in truck-related research and education since 1985. Sets the Federal share of such activities at 100 percent. Authorizes appropriations. Sets forth reporting requirements. Prohibits: (1) the discovery (current law only bars the admission as evidence) of certain reports and surveys compiled to develop a highway safety construction improvement project to enhance the safety of potential accident sites or hazardous conditions; and (2) the Secretary from using iron in highway or urban transit projects (current law specifies only steel and manufactured products used in such projects) that has not be produced in the United States. Sets forth provisions with respect to: (1) relocation assistance regulations relating to the Rural Electrification Administration; (2) a temporary matching fund waiver regarding qualifying State projects; (3) repayment of increases in the Federal share; and (4) deductions from State apportionments where a State has not made the required repayment on or before March 30, 1994. Identifies high priority corridors on the NHS. Directs the Secretary to: (1) include all such corridors on the proposed NHS submitted to the Congress; (2) prepare a long-range plan for the upgrading of each corridor to the appropriate standard for highways on the NHS, including separate plans for developing the corridor and financing the development; (3) prepare feasibility and design studies, as necessary, for those corridors for which such studies have not been prepared; and (4) use procedures for acceleration of projects in carrying out projects on high priority corridors. Requires each State in which a priority segment is located to prepare a detailed plan for completion of construction of such segment and for financing such construction. Authorizes appropriations. Sets forth criteria for States to use in selecting high priority segments of corridors of national significance. Authorizes appropriations out of the HTF for feasibility and design studies under this title. Directs the Secretary to establish a Priority Corridor Revolving Loan Fund. Authorizes the Secretary to make grants under a highway bridge research and demonstration program. Directs the Secretary to: (1) take such action as necessary to ensure that information and technology resulting from such research is made available to State and local transportation departments and other interested persons; and (2) make grants to States for construction of highway timber bridges on the RMS. Sets forth provisions with respect to applications, approval criteria, the Federal share, and funding for such grants. Requires the Secretary to carry out a program for ferry boat construction. Bars the Secretary from disapproving, for five years, a highway project solely on the ground that it includes the use of asphalt containing recycled rubber. Directs the Secretary to: (1) gather information and recommendations concerning such use in highway projects from those States that have extensively researched and experimented with such use and make available such information and recommendations to interested States; and (2) conduct a study on such use, the benefits of such use, and the utilization of other recycled materials in asphalt and report the results within two years to the Congress. Directs the Secretary to carry out highway use tax evasion projects, subject to specified limitations. Authorizes the Secretary to allocate specified funds to the Internal Revenue Service and the States for such purposes. Requires the Secretary to establish an advisory committee to prepare a plan to carry out and coordinate highway use tax evasion projects, monitor the results, provide progress reports to the Secretary, and make recommendations to the Secretary for the distribution of funds. Sets forth provisions with respect to: (1) termination of such committee; (2) State certification requirements (that the State will maintain motor fuel tax enforcement activities at a certain level); (3) reporting requirements; and (4) funding of such projects. Authorizes the Secretary to approve substitute highway, bus transit, and light rail transit projects in lieu of construction of the I-94 East-West Transitway project in Milwaukee and Waukesha counties, Wisconsin. Directs the Army Corps of Engineers, the Environmental Protection Agency, and the FHWA to suspend, for a period of five years from completion of Interstate Route 287 in New Jersey (NJ), the enforcement or implementation of the requirement of the Corps' permit, with respect to the construction of such route, that a wetland mitigation site in Wayne, New Jersey, be in place prior to the opening of the route. Directs the Secretary to: (1) establish within DOT an advisory committee to assist the Secretary with respect to the establishment of a national scenic byways program; and (2) provide technical assistance and make grants to the States for the planning, design, and development of State scenic byways programs. Sets forth provisions with respect to: (1) the membership, function, and reporting requirements of such committee; (2) the Federal share (80 percent); and (3) additional funding provisions. Directs the Secretary to carry out a highway project in Arkansas to demonstrate: (1) the benefits of providing training to county and town traffic officials in the need for and application of uniform traffic control devices; and (2) the safety benefits of providing for adequate and safe warning and regulatory signs. Authorizes appropriations. Sets forth reporting requirements. Authorizes the Secretary to carry out specified: (1) rural access projects; and (2) urban access and mobility projects. Authorizes appropriations. Directs: (1) the Secretary to carry out a project to make modifications to bridges necessary for the Secretary of the Army to carry out a project for flood control at Molly Ann's Brook, New Jersey; and (2) the Governor of New Jersey to carry out all the responsibilities of the Secretary with respect to a highway construction project in Passaic County, New Jersey. Sets forth provisions with respect to certain regulatory interpretations concerning: (1) the coating of steel; and (2) the funding of fusees and flares. Directs the Secretary to conduct a study of the progress being made by the States in adopting and implementing a uniform system for handicapped parking. Sets forth reporting requirements. Requires: (1) not less than five percent of the mileage of roadside barriers installed along Federal-aid highways within the boundaries of a State in each calendar year to be innovative safety barriers; and (2) each State to annually certify to the Secretary the Secretary compliance with such requirement. Directs the Secretary to conduct a survey to identify current State standards (to determine the necessity of upgrading such standards to enhance highway safety) relating to geometric design, traffic control devices, roadside safety, safety appurtenance design, uniform traffic control devices, and sign legibility and directional clarity for all Federal-aid highways, taking into consideration posted speed limits as they relate to highway design. Sets forth reporting requirements. Sets forth: (1) the effective date of this title; and (2) provisions with respect to the availability and transferability of unobligated balances. Authorizes appropriations. Authorizes the Secretary to carry out specified advanced technology projects. Authorizes appropriations. Title II: Highway Safety - Requires (as a prerequisite to the Secretary's approval) that each State's highway safety program include the following programs: (1) drunk driving; (2) speeding; (3) occupant protection; (4) emergency medical services; (5) uniform data collection and reporting; (6) accident location; (7) highway design, construction, and maintenance; and (8) traffic engineering. Permits the Secretary to approve a State's highway safety program only if it includes three or more of the following programs: (1) bicycle safety; (2) pedestrian safety; (3) school bus safety; (4) traffic record system; (5) police traffic services; (6) motorcycle safety; and (7) such other programs as the Secretary may establish by regulation. Bars the Secretary from approving a State highway safety program that does not provide: (1) that at least 40 percent of Federal funds apportioned to the State for a fiscal year be expended by the political subdivisions of the State, including Indian tribal governments (current law makes no mention of tribal governments); and (2) adequate and reasonable access for the safe and convenient movement of individuals with disabilities (currently, physically handicapped persons). Authorizes the Secretary to waive the 40 percent requirement whenever the Secretary determines that there are an insufficient number of local highway safety programs to justify the expenditure in the State of such percentage of Federal funds during the fiscal year. Directs the Secretary to issue regulations establishing minimum standards for State highway safety programs to be approved under this title which: (1) with respect to the drunk driving, speeding, occupant protection, and police traffic services programs, must include public information, education, and law enforcement components; and (2) may require a State highway safety program to include adoption and enforcement of State law authorizing the use of automatic speed detection devices by law enforcement officers. Specifies that such highway safety requirements and regulations shall, to the extent deemed appropriate by the Secretary, be applicable to federally administered areas where a Federal agency controls the highways or supervises traffic operations. Applies provisions of this title to Indian reservations. Specifies that 95 percent of the funds apportioned to the Secretary of the Interior under this title shall be expended by Indian tribes to carry out highway safety programs within their jurisdictions. Bars the admission as evidence, or use in any action for damages, of traffic record system data. Sets forth reporting requirements with respect to legislation necessary to implement programs developed by the Secretary to reduce traffic-related deaths and injuries. Revises highway safety research and development provisions to authorize the Secretary to: (1) use appropriated funds to engage in research on all phases of highway safety and traffic conditions; and (2) undertake, on a cost-shared basis, collaborative research and development with non-Federal entities which may include crash data collection and analysis, driver and pedestrian behavior, and demonstrations of technology. Bars the Secretary from agreeing to provide more than 50 percent of the cost of any such research and development project. Revises drunk driving provisions to authorize the Secretary to make grants to States which adopt and implement effective programs to reduce traffic safety problems resulting from persons driving while under the influence of alcohol or a controlled substance. Requires States, to be eligible for basic grants, to provide for: (1) the prompt suspension, for a period of not less than 90 days for a first offender and one year for a repeat offender, of the driver's license of any individual who a law enforcement officer has probable cause under State law to believe has committed an alcohol-related traffic offense and who is determined, based on one or more chemical tests, to be intoxicated or who refuses to submit to such a test; (2) a mandatory sentence, not subject to suspension or probation, of imprisonment for not less than 48 consecutive hours or not less than 100 days of community service, of any person convicted of driving while intoxicated (as defined by this Act) more than once in any five-year period; (3) a statewide program for stopping motor vehicles on a nondiscriminatory, lawful basis to determine whether or not operators of such vehicles are driving while under the influence of alcohol; and (4) a self-sustaining drunk driving prevention program under which a significant portion of the fines or surcharges collected from individuals apprehended and fined for operating a motor vehicle while under the influence of alcohol are returned, or an equivalent amount of non-Federal funds are provided, to those communities which have comprehensive programs for the prevention of such operation of motor vehicles. Modifies or adds provisions with respect to supplemental grants, limits on administrative expenses, apportionment of funds, and reapportionment of noneligible State funds. Authorizes the Secretary, in the case of a local highway program carried out by an Indian tribe with insufficient funds to meet the non-Federal cost of such program, to increase the Federal share of the cost. Authorizes the Secretary to make grants to States which have in effect specified State motorcycle helmet and safety belt use laws, to: (1) educate the public about motorcycle and passenger vehicle safety, and motorcycle helmet, safety belt, and child restraint system use and to involve public health education and other related agencies in such efforts; and (2) train law enforcement officers in the enforcement of, monitor the rate or compliance with, and enforce, such laws. Sets forth provisions with respect to: (1) the maintenance of State expenditures for traffic safety programs; (2) the Federal share of the cost; (3) eligibility requirements; (4) measuring rates of compliance; and (5) penalties for failing to have in effect such laws. Authorizes appropriations. Authorizes appropriations for: (1) NHTSA highway safety programs; and (2) the alcohol traffic safety incentive grant program. Directs the Secretary, acting through the NHTSA, to establish a regional program for implementation of drug recognition programs and for training law enforcement officers to recognize and identify individuals who are operating a motor vehicle while under the influence of alcohol or one or more controlled substances or other drugs. Authorizes appropriations. Amends the National Driver Register Act of 1982 to make authorizations of appropriations for highway safety educational programming and a study of the use of mass media to educate the public about ways of reducing the number and severity of highway accidents. Title III: Federal Transit Act of 1991 - Federal Transit Act of 1991 - Amends Federal law to rename the Urban Mass Transportation Administration of the Department of Transportation the Federal Transit Administration. Amends the Urban Mass Transportation Act of 1964 (the Act) to delete specified provisions relating to the authority of the Secretary of Transportation (Secretary) to issue letters of intent with respect to grants and loans for mass transportation projects. Directs the Secretary to apportion certain amounts for FY 1992 through 1996 for rail and guideway modernization for certain urbanized areas. Earmarks a portion of the funds made available for construction of new fixed guideway systems and extensions for obligation at the Secretary's discretion for systems planning, alternative analysis, and preliminary engineering. Earmarks a specified amount at the Secretary's discretion for grants to States and local public bodies and agencies to prevent crime and to increase security in existing and future transit systems. Revises certain criteria to prohibit the making of grants or loans for construction of new fixed guideway systems or extensions unless such proposed projects: (1) have undergone a cost-effectiveness analysis; and (2) are included, after September 30, 1992, in a transportation improvement program. Requires the Secretary to report annually to specified congressional committees on factors which the Secretary considers they should use in authorizing such projects. Allocates on a percentage basis grants or loans for mass transportation projects for FY 1992 through 1996 for: (1) rail modernization; (2) construction of new fixed guideway systems and extensions to such systems;(3) replacement, rehabilitation, and purchase of buses and related equipment and the construction of bus-related facilities; and (4) apportionments to States for eligible capital projects and Federal highway programs. Prohibits States (other than the Commonwealth of the Northern Mariana Islands, Guam, American Samoa, and the Virgin Islands) from receiving for any fiscal year beginning after September 30, 1991, less than one-third of one percent of funds available from the Mass Transit Account of the Highway Trust Fund for transportation projects under this Act. Treats such named territories together as one State. Makes provisions of title 23 of the United States Code (relating to Federal-aid highway projects) applicable to State projects that are funded under this Act. Sets at 80 percent (or any lower percentage mandated) the Federal share of costs with respect to Federal-aid highway and mass transportation projects. Authorizes the remainder of net project costs of a planned extension to a fixed guideway system to include the cost of rolling stock previously purchased if an applicant demonstrates that such purchase was made: (1) solely with non-Federal funds; and (2) for use on such extension. Increases the percentages of block grant funds available for expenditure for mass transportation projects in urbanized areas with more than, and less than, a population of 200,000, respectively. Extends the Secretary's authority to investigate safety conditions of mass transportation projects financed under the block grant program. Redefines the term "associated capital maintenance items" to include supplies. Provides for an annual increase in the amount of mass transportation funds that may be used for operating assistance by urbanized areas regardless of size (currently, for urbanized areas with less than a population of 200,000). Authorizes States to transfer their apportionment of mass transportation block grant funds for urbanized areas with populations with less than 200,000 to their apportionment for Federal-aid highway projects. Requires contracts for engineering and design services with respect to mass transportation projects to be performed and audited in compliance with cost principles contained in the Federal acquisition regulations of the Code of Federal Regulations. Defines "transit" to mean mass transportation. Authorizes the Secretary to transfer to any public body for any public purpose facilities and equipment and other assets (including land) acquired by a recipient of Federal transportation funds but no longer needed. Sets forth specified determinations to be made by the Secretary with respect to the transfer of such assets for purposes other than for mass transportation. Defines a turnkey system project as a vendor-specific project under which a recipient contracts with a vendor to build a transit system that meets specific performance criteria and which is operated by such vendor for a period of time. Authorizes the Secretary to allow the solicitation for a turnkey system project to be conditionally awarded before Federal requirements are met so long as such award is made without prejudice to such requirements. Authorizes transit service providers who receive Federal transportation assistance under programs for elderly and handicapped persons and rural transportation programs to assist in providing meal delivery service for homebound persons if such service does not conflict with the provision, or result in a reduction, of mass transportation services. Authorizes States to transfer portions of their apportionment of formula grants for public transportation projects in rural areas to their apportionment for Federal-aid highway projects. Requires the Secretary, before apportioning any such formula grants after September 30, 1991, to set aside a specified amount for the development and support of intercity bus transportation. Defines the term "construction" with regard to transportation construction projects to include acquisition of materials and supplies. Authorizes appropriations from the Treasury and the Mass Transit Account of the Highway Trust Fund for FY 1992 through 1996 for: (1) block grants for mass transportation projects in urbanized areas; (2) formula grants for public transportation projects in rural areas; (3) mass transportation and construction projects; (4) rural transportation programs; (5) mass transportation services for elderly and handicapped persons; (6) projects for the deployment of innovative techniques and methods in the management and operation of public transportation services; (7) transportation research, development, and demonstration projects; (8) long-range transportation planning programs and technical studies; (9) grants to public and private nonprofit educational institutions to assist in establishing comprehensive research in the problems of transportation urban areas; (10) rural transit assistance programs; (11) human resources programs in public transportation activities; (12) administrative expenses of the Secretary; and (13) university transportation centers. Makes funds available from the Highway Trust Fund (other than the Mass Transit Account) for FY 1992 through 1996 for such transportation centers. Makes specified Federal transportation funds available to the Secretary for making grants, or entering into contracts, for: (1) transportation research, development, and demonstration projects; (2) long-range transportation planning programs and technical studies; (3) fellowships for training of personnel employed in managerial, technical, and professional positions in the public transportation field; (4) public and private nonprofit educational institutions to assist in establishing comprehensive research in the problems of transportation in urban areas; (5) rural transit assistance programs; or (6) human resources programs in public transportation activities. Requires the Secretary to make a specified amount of such funds available for transit-related technical assistance, demonstration programs, special demonstration initiatives, research, public education, and other activities that the Secretary deems appropriate to help transit providers comply with the Americans With Disabilities Act of 1990. Authorizes the Secretary to undertake a program of transit technology development. Requires the Secretary to establish an industry technical panel to assist in identifying priority technology development areas and in establishing guidelines for project development, project cost sharing, and project execution. Earmarks a specified amount of funds for: (1) State transit cooperative research programs; and (2) State and local transportation planning, research, and training in urbanized areas. Requires the Secretary, as part of the transit cooperative research program, to establish an independent governing board to recommend transit research, development, and technology transfer activities. Authorizes the Secretary to make grants to, and enter into cooperative agreements with, the National Academy of Sciences to implement such activities. Requires the Secretary to report biennially to specified congressional committees an estimate of the future transit needs of the Nation, including in rural areas (particularly access to health care facilities). Requires the Secretary to enter into a full funding grant agreement for the provision of Federal transportation assistance to the New Jersey Urban Core Project. Exempts such project from certain requirements under the Act relating to criteria for new construction of fixed guideway systems. Directs the Secretary to complete a draft environmental impact statement for an extension of the San Francisco Bay Area Rapid Transit District (BART) to the San Francisco International Airport. Directs the Secretary to make grants to BART and to Santa Clara County Transit District (SCCTD) to conduct preliminary engineering and complete environmental impact statements on the locally preferred alternative for the extension of Bart to the San Francisco International Airport and for the Tasman Corridor Project. Sets forth a schedule for approval of the construction of such projects. Directs the Secretary, upon such approval, to execute a multiyear grant agreement with BART to permit the expenditure of funds for the construction of the BART San Francisco International Airport Extension and with SCCTD for the construction of the Tasman Corridor Project. Requires the Secretary to execute full funding grant agreements (consistent with Metropolitan Transportation Commission Resolution No. 1876) with BART for Colma and the San Francisco International Airport, and with SCCTD for the Tasman Corridor Project. Directs the Secretary to enter into a full funding grant agreement with a public transportation authority for construction of a suspended light rail system technology pilot project in Altoona, Pennsylvania. Requires the Secretary, not later than April 1, 1992, to complete and publish in the Federal Register a final supplemental environmental impact statement for Minimum Operable Segment-3 (other than the East Side Extension) of the Los Angeles Metro Rail Project. Requires the Secretary to negotiate with the Los Angeles County Transportation Commission on an amendment to a specified full funding contract for construction of Minimum Operable Segment-2 of the Los Angeles Metro Rail Project in order to include construction of Minimum Operable Segment-3, including a commitment for Federal funding for the East Side Extension, in such contract. Directs the Secretary to enter into multiyear grant agreements with certain States for the construction of specified transportation projects. Directs the Federal Transit Administration to allow petroleum violation escrow account funds spent by the New Jersey Transit Corporation on transit improvements to be applied as credit towards the non-Federal match for any transit project funded under the Act. Increases the limitation on operating assistance for the Niagara Frontier Transit Authority by $4,000,000 to provide assistance for the World University Games. Forgives the outstanding balance on a specified grant agreement made to the Fayettville Transit Authority, North Carolina. Extends the repayment period on the outstanding balances due on certain loans made to the Southeastern Pennsylvania Transit Authority. Title IV: Motor Carrier Act of 1991 - Motor Carrier Act of 1991 - Amends the Surface Transportation Assistance Act of 1982 to add as conditions for approval of State plans (to be eligible for commercial motor vehicle safety enforcement grants) that such plans ensure that: (1) activities funded under such Act do not diminish the effectiveness of development and implementation of commercial motor vehicle safety programs; (2) fines imposed and collected by the State for violations of commercial motor vehicle safety regulations will be reasonable and appropriate; and (3) the designated State agency will coordinate the plan with respect to commercial motor vehicle safety with the State highway safety plan. Requires State plans to provide for maintenance of the level of expenditures for enforcement of commercial motor vehicle size and weight limitations, drug interdiction, and State traffic safety laws and regulations as conditions for approval of such plans. Authorizes a State, subject to specified limitations, to use grant funds for: (1) enforcement of commercial motor vehicle size and weight limitations at locations other than fixed weight facilities, at specified geographical locations (such as steep grades or mountainous terrains), or at seaports where intermodal shipping containers enter and exit the United States; (2) detecting the unlawful presence of controlled substances in a commercial motor vehicle or on the person of any occupant of such vehicle; and (3) enforcement of State traffic laws and regulations designed to promote safe operation of commercial motor vehicles. Authorizes appropriations. Makes grants available for expenditure by States for a period of three (currently, one) years, to be available until expended (currently, for the fiscal year and the three succeeding fiscal years). Authorizes the Secretary to deduct up to one (currently, one half) percent of funds made available for administering the grant program in specified fiscal years. Directs the Secretary, on October 1 of each fiscal year, or as soon thereafter as is practicable, to allocate (after making such deduction) among the States whose applications for grants have been approved, the funds authorized to be appropriated for such fiscal year pursuant to criteria established by the Secretary. Requires the Secretary to obligate funds for specified fiscal years for: (1) training of hazardous materials inspectors; (2) commercial motor vehicle information system review; (3) the truck and bus accident data grant program; and (4) research, development, demonstration, and training manuals. Authorizes appropriations for motor carrier safety functions of the FHWA. Sets forth reporting requirements. Authorizes the Secretary to: (1) establish, as part of the motor carrier safety information network system of DOT and similar State systems, an information system (paid for by user fees) which will serve as a clearinghouse and depository of information pertaining to State registration and licensing of commercial motor vehicles and the safety fitness of the registrants of such vehicles; and (2) authorize the operation of such system by contract, through an agreement with a State or States, or by designating a third party which represents the interests of the States. Directs the Secretary to: (1) conduct a review of State motor vehicle registration systems pertaining to license tags for commercial motor vehicles; (2) establish standards to ensure uniform data collection and reporting by all States; and (3) include, as part of the information system established under this title, information on the safety fitness of the registrant of the commercial motor vehicle and such other information as the Secretary considers appropriate. Directs the Secretary to make grants to States: (1) to carry out a project to demonstrate methods of establishing an information system which will link the motor carrier safety information network system of DOT and similar State systems with the motor vehicle registration and licensing systems of the States; (2) which agree to adopt, or have adopted, the recommendation of the National Governors' Association with respect to police accident reports for truck and bus accidents; (3) and to other persons for research, development, demonstrations, and information systems designed to promote commercial motor vehicle safety and which will be beneficial to all U.S. jurisdictions; and (4) to assist in educating the motoring public on its shared responsibility with operators of commercial motor vehicles for highway safety. Authorizes the Secretary to pay for the development, printing, and publication of manuals or other materials used in training roadside inspectors of commercial motor vehicles. Prohibits any State, effective January 1, 1994, from requiring a motor carrier holding a certificate or permit (certificate) issued under this title to: (1) file and maintain such certificate; (2) register motor vehicles operated under such certificate; (3) display or carry on any vehicle a decal, stamp, cab card, or other means of identification evidencing the lawfulness of any transportation or service provided under such certificate; or (4) pay a fee with respect to any such activities. Specifies that nothing in this title shall be construed as limiting the authority of a State to require a motor carrier to file and maintain proof of insurance or qualification as a self-insurer. Provides for reimbursements to States for specified loss revenues in FY 1992, subject to certain requirements. Bars States from allowing on the IS and those classes of qualifying Federal-aid primary system highways as designated by the Secretary any commercial motor vehicle with two or more cargo carrying units (not including the truck tractor), whose cargo carrying units are of a length greater than were authorized by State statute or regulation and were being lawfully operated on the IS and such classes of highways on or before June 1, 1991, with specified exceptions. Makes separate requirements for Wyoming. Sets forth provisions with respect to: (1) additional State restrictions; (2) the publication of State laws governing such vehicles; and (3) State certifications (of such vehicles which are permitted), review of certifications, and related requirements. Directs: (1) the Secretary to initiate a rulemaking (within 60 days) and issue a final regulation (within two years) establishing minimum training requirements for operators of LCVs; (2) the Comptroller General to conduct a study of the safety of LCVs; (3) the Secretary to conduct a study comparing the effects of driving LCVs and driving other truck-trailer combination vehicles on drivers, including driver fatigue; and (4) the Secretary to conduct tests with respect to the operations of LCVs. Sets forth reporting requirements. Requires the Secretary to establish a working group to: (1) establish procedures for resolving disputes among States participating in the International Registration Plan (the interstate agreement for the apportionment of vehicle registration fees paid by motor carriers, developed by the American Association of Motor Vehicle Administrators); (2) provide technical assistance to States participating in the Plan; and (3) make grants to States and appropriate persons to facilitate participation in the Plan. Sets forth reporting requirements. Specifies that, after September 30, 1996, no State (other than a State which is participating in the Plan) shall establish, maintain, or enforce any law or regulation which limits the operation of any commercial motor vehicle within its borders which is not registered under the laws of the State if the vehicle is registered under the laws of any other State. Authorizes: (1) and directs the Attorney General, upon the request of the Secretary, to institute a civil action for injunctive relief to assure compliance with such vehicle registration requirement; and (2) the court to issue a mandatory injunction (and directs the court to issue a temporary restraining order or preliminary or permanent injunction, upon a proper showing) to assure such compliance. Authorizes appropriations. Permits a common carrier to establish a rate and related rule equal to the rate charged for the transportation of one individual when that rate is for the transportation of: (1) a disabled individual and accompanying attendant (as under current law) or animal trained to assist the individual, or both, when required because of the disability; or (2) a hearing-impaired individual and a dog trained to assist the individual. Title V: Intermodal Transportation - Declares it to be Government policy to encourage and promote a national IT system in the United States. Includes among the duties of the Secretary to coordinate Federal policy on IT and initiate policies to promote efficient IT in the United States. Requires: (1) the Secretary to establish within DOT an Office of Intermodalism, headed by a Director; and (2) the Director to develop and maintain an IT data base (and make information from such data base available to private individuals and public agencies), to be responsible for coordinating Federal research on IT and for carrying out research needs identified by the National Commission on Intermodal Transportation (established pursuant to this Act), and to provide technical assistance to States and MPOs in urban areas having a population of 1,000,000 or more in collecting data relating to IT to facilitate the collection of such data. Directs the Secretary to make grants to not more than six States for the purpose of developing model State IT plans, including systems for collecting data relating to IT, subject to specified requirements. Establishes a National Commission on Intermodal Transportation to investigate and study IT in the United States and internationally, including: (1) intermodal standardization; (2) intermodal impacts on public works infrastructure; (3) legal impediments to efficient IT; (4) financial impediments; (5) new technologies; (6) documentation; (7) research and development; and (8) productivity. Sets forth provisions with respect to the membership and qualifications, and termination, of such Commission, compensation, terms of office, vacancies, travel expenses, staff, administrative support, and obtaining official data. Sets forth reporting requirements. Authorizes the Secretary to carry out specified priority IT projects. Authorizes appropriations.
United States · United States Congress · 17 July 1991
St. Croix, Virgin Islands Historical Park and Ecological Preserve Act of 1991 - Establishes the St. Croix, Virgin Islands Historical Park and Ecological Preserve. Authorizes the Secretary of the Interior to acquire lands within the park. Prohibits the acquisition of lands containing dwellings within the park boundary as of July 1, 1991, without the consent of the owner. Authorizes the Secretary to enter into cooperative agreements with the Virgin Islands or political subdivisions for the management of the park. Requires the Secretary to submit a general management plan for the park to the House Committee on Interior and Insular Affairs and the Senate Committee on Energy and Natural Resources. Directs the Secretary, for a ten-year period, to provide funds for employees of the Government of the Virgin Islands engaged in the management of the park and to implement a program under which Virgin Islands citizens may be trained in phases of park operations and management. Establishes the St. Croix, Virgin Islands Historical Park and Ecological Preserve Commission. Authorizes appropriations.
United States · United States Congress · 17 July 1991
Urges the United States Trade Representative to initiate negotiations with South Africa in order to enter into a bilateral arrangement governing the importation of South African steel that is consistent with the steel trade liberalization program announced by the President on July 25, 1989.
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
Cigarette Export Labeling Act - Requires cigarettes being exported to bear the Surgeon General's warnings required by the Federal Cigarette Labeling and Advertising Act. Makes it unlawful to advertise abroad any cigarette without the Surgeon General's warnings required by the Act. Repeals provisions of the Act exempting from the warning requirements cigarettes for: (1) export; or (2) delivery to a vessel or aircraft for consumption beyond the jurisdiction of U.S. internal revenue laws.
United States · United States Congress · 26 June 1991
Cigarette Export Reform Act - Prohibits appropriated funds from being used by any Federal employee or agency to seek through negotiation the removal or reduction of any restrictions imposed by a foreign country on the marketing of its tobacco products. Requires the inclusion, with regard to any cases that involve unfair trade practices by foreign countries with respect to tobacco products, of representatives of the Department of Health and Human Services in the Trade Policy Staff Committee, the Trade Policy Review Group, and the Economic Policy Council as members of the Section 301 Committee.
United States · United States Congress · 20 June 1991
Amends the Federal Water Pollution Control Act to require the Aministrator of the Environmental Protection Agency to enter into contracts with the Secretary of the Army to carry out a project for the removal and disposal of sediments in Indiana Harbor and Ship Canal, East Chicago, Indiana. Authorizes appropriations.
United States · United States Congress · 20 June 1991
Water Pollution Penalty Fund Act of 1991 - Amends the Federal Water Pollution Control Act to establish a Water Pollution Penalty Fund to be used to carry out projects to restore and recover U.S. waters from damages resulting from violations of such Act. Requires the Administrator of the Environmental Protection Agency, in selecting such projects, to give priority to projects if an enforcement action for such project resulted in amounts being deposited in the general fund of the Treasury.
United States · United States Congress · 12 June 1991
Amends the Internal Revenue Code to deny the Puerto Rico and possession tax credit to runaway plants (new or newly expanded operations at Puerto Rican or other possession facilities) unless the Secretary of the Treasury determines that such plants will not have a substantial adverse effect on employment at U.S. facilities. Provides a period for public comment prior to the Secretary's determination.
United States · United States Congress · 6 June 1991
Octane Display and Disclosure Act of 1991 - Amends the Petroleum Marketing Practices Act to require certification and posting for all liquid automotive fuels (currently, automotive gasolines). Authorizes States or local governments to provide for any investigative or enforcement action, remedy, or penalty permitted under such Act. Revises Federal Trade Commission enforcement provisions regarding acts or practices constituting violations of the Federal Trade Commission Act. Changes the Environmental Protection Agency's authority to conduct field testing of the octane rating of automotive fuels from mandatory to discretionary. Directs the Administrator of the Environmental Protection Agency to carry out a study to determine whether, and if so, how, the anti-knock characteristics of nonliquid fuels usable as motor vehicle fuels can be determined. Directs the Secretary of Energy to study the feasibility and desirability of using dye to: (1) differentiate automotive fuels with different fuel ratings so that the rating can be determined by its color; and (2) identify transportation fuels required by law for clean air or other environmental benefits. Directs the Federal Trade Commission to study the need for, and the desirability of, having a uniform national label on devices used to dispense automotive fuel to consumers that would consolidate information required to be posted on such devices. Requires reports to the Congress on the studies carried out under this Act within one year.
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
Expresses the sense of the House of Representatives that: (1) U.S. businesses engaged in the rebuilding of Kuwait should, to the maximum extent possible, use U.S. subcontractors and U.S. goods and services; and (2) the Department of Commerce should monitor and encourage the implementation of this policy.
United States · United States Congress · 29 May 1991
International Medical Graduate Equity Act of 1991 - Directs the Secretary of Health and Human Services (the Secretary) to establish: (1) a National Repository of International Physician Credentials (the Repository); and (2) an Advisory Council on the Repository (the Council). Authorizes appropriations for such purposes for FY 1992 through 1994. Requires the Secretary to obtain information on a periodic basis from the physician licensing authority of at least ten States with respect to license applications and periodically report on such information to the Congress. Prohibits any State from discriminating against an individual on the basis of their being an international medical graduate (i.e. a graduate of a medical school located outside the United States) by denying their application for a license to practice medicine, if the individual: (1) has received such a license from another State and has practiced medicine in the United States for five years after receiving such license; and (2) meets the State's criteria for issuance of such license to graduates of U.S. medical schools. Prohibits any entity that operates a residency program for medical school graduates to discriminate against an international medical graduate by denying such individual an available residency in the program in any case in which: (1) the residency cannot be filled by a U.S. medical school graduate; and (2) the international medical graduate meets the criteria for program admission for U.S. medical school graduates. Allows individuals aggrieved by such discrimination by a State or a residency program operator to obtain relief through civil action. Sets a five-year statute of limitations on such actions.
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 · 9 May 1991
Amends Federal defense procurement provisions to allow as a reimbursable defense contractor cost the payment to foreign nationals employed by a U.S. defense contractor of severance pay in excess of that normally paid in the United States when necessary to comply with host country law, international bilateral agreements, or host country employment practices. Allows as a reimbursable cost the payment of severance pay to foreign nationals by a defense contractor when required due to a base closure or curtailment at the request of the host country to the extent that such pay is not reimbursed by the host country. Amends the National Defense Authorization Act for Fiscal Years 1990 and 1991 to state that the President should endeavor to include in status-of-forces or other international agreements a provision which would require the governments of other countries to grant an exemption, waiver, or determination of nonapplicability of any host nation law, bilateral agreement, or employment practice which establishes severance pay for foreign nationals employed by the U.S. Government or its service contractors at a rate that exceeds the amount typically paid in such industry in the United States. Expresses the sense of the Congress that: (1) the U.S. Government or host nation should pay severance costs if either nation initiates a base closing or curtailment of activities; and (2) U.S. defense contractors should endeavor to minimize potential U.S. liability for severance pay paid to their employees outside the United States.
United States · United States Congress · 7 May 1991
Provides for the awarding of the Purple Heart to former prisoners of war held captive before April 25, 1962, on the same basis at it may be awarded former prisoners of war captured on or after such date.
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 · 30 April 1991
Establishes the Snake River Birds of Prey National Conservation Area, Idaho. Directs the Secretary of the Interior (Secretary) to continue implementation of the comprehensive land use plan for the management and rehabilitation of public lands and resources within the conservation area. Requires the Secretrary to review such plan for the compatibility of the military use of such area with the protection and conservation of the area's raptor (birds of prey) habitat and resources. Authorizes the Secretary to establish a visitors center designed to interpret the history, research, management, geology, ecology, and biology of the raptors and their relationship to man. Declares that the management plan shall provide for the continued use of the conservation area's Orchard Training Area by the Idaho National Guard. Authorizes the grazing of domestic livestock within such area. Provides that private lands acquired within the boundaries of the conservation area shall become a part of such area. Directs the Secretary to appoint a steering committee to review long-range plans and research and management of the conservation area. Releases lands of the Snake River Birds of Prey Natural Area not designated as wilderness for multiple use and management and requires such lands to be managed as part of the conservation area. Authorizes appropriations.
United States · United States Congress · 25 April 1991
Revere Beach Study Act of 1991 - Directs the Secretary of the Interior to study and report to the President and the Congress on the feasibility of establishing Revere Beach, Massachusetts, as a unit of the National Park System. Authorizes appropriations.
United States · United States Congress · 25 April 1991
Amends the Financial Institutions Reform, Recovery, and Enforcement Act of 1991 to extend the phase-in period for State licensed appraisals. Prohibits the Appraisal Subcommittee from establishing a minimum experience requirement in excess of 500 hours as a licensing standard or qualification for State licensed appraisers.
United States · United States Congress · 24 April 1991
Circle of Poison Prevention Act of 1991 - Title I: Exported Pesticides - Amends the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) to require pesticide producers operating registered establishments to inform the Administrator of the Environmental Protection Agency of: (1) the types and quantities of pesticides and active ingredients used in producing pesticides for export to a foreign country; and (2) the date of export and quantity of such materials exported to each foreign country to which the producer has exported during the past 365-day period. Provides that specified information on exported pesticides shall not be entitled to confidential trade secret treatment. Makes it unlawful to export a pesticide or device in violation of FIFRA export requirements. Prohibits the exportation of a pesticide or device unless: (1) such materials are prepared and packaged according to the specifications of the foreign purchaser and the legal requirements of the country of use; and (2) the label of the pesticide is written in the official language of the country of use and contains all information required to be included in the labeling for such pesticide in the United States. Prohibits the exportation of a pesticide to a country of use if: (1) the registrations for pesticides containing an active ingredient that is included in such pesticide that account for nearly all of the uses of such ingredient have been canceled; (2) the tolerances for an active ingredient in such pesticide that account for nearly all the uses of such ingredient have been revoked; or (3) an active ingredient of the pesticide is ineligible for reregistration. Prohibits such exports (including pesticides used for agricultural production) unless: (1) the pesticide is registered; or (2) all of the active ingredients in the pesticide are the subject of a food tolerance. Requires exporters, prior to the shipment of certain pesticides, to provide specified information to the Administrator. Prohibits the exportation of any pesticide to a country of use that: (1) has refused consent; or (2) has given conditional consent unless the conditions on which the consent was given are met. Prohibits refusals to consent unless the country certifies that it is not producing or importing and will not produce or import the pesticide or a similar product with the same active ingredient. Waives certain requirements, upon the request of a country of use and subject to certain determinations by the Administrator, to permit the export of pesticides not meeting FIFRA requirements to: (1) prevent or arrest the spread of a communicable disease; or (2) stop or prevent the spread of a pest that is destroying or will destroy quantities of the country's food supply so as to result in widespread famine. Permits the export of pesticides for experimental use in foreign countries if specified conditions are met. Directs the Administrator to submit information to the Secretary of Health and Human Services concerning inspections for pesticide residues in imported foods conducted by the Department of Health and Human Services. Requires the Administrator to notify foreign countries and the International Register of Potentially Toxic Chemicals whenever regulatory action is taken with respect to a pesticide. Directs the Administrator to: (1) convene meetings with foreign governments and other interested parties to promote the implementation of improved research and regulatory programs for pest management and strategies for sustainable agriculture and to encourage the adoption of a multilateral convention requiring standard notice and pesticide export control measures; and (2) provide foreign countries with technical assistance to develop pesticide regulatory programs. Permits persons to bring civil actions to secure the imposition of penalties on persons who violate pesticide export requirements. Prohibits civil actions from being initiated on the basis of the same unlawful acts that form the basis of existing proceedings for criminal violations. Requires the Comptroller General to report to the Congress every four years on: (1) the operation and effect of this Act; and (2) how exported pesticides and their containers are used and disposed of and on their impact on the public health and the environment of countries of use. Title II: Pesticide Residue Monitoring - Amends the Omnibus Trade and Competitiveness Act of 1988 to direct the Food and Drug Administration to summarize the volume of each food product subject to the requirements of the Federal Food, Drug, and Cosmetic Act imported into the United States in quantities determined by the Secretary of Health and Human Services to be commercial quantities (currently, products having an entry value exceeding an amount established by the Secretary). Requires the summary to: (1) be made by food product, country of origin, port of entry, pesticides monitored by the Secretary, pesticide residues detected, and the quantity of each pesticide exported from the United States for agricultural use; and (2) indicate the volume of each type of food tested for pesticide residues, arranged by pesticide, food, and country of origin. Title III: Pesticide Tolerances - Amends the Federal Food, Drug, and Cosmetic Act to require the Administrator, if a registration under FIFRA for a pesticide to be used on food is canceled or modified to prohibit its use in connection with food, to revoke any tolerance or exemption that permits the presence of the pesticide on the food. Suspends tolerances or exemptions for pesticides used on food if such use is suspended under FIFRA. Authorizes the Administrator, if a residue of a canceled or suspended pesticide will persist in the environment and be present on a food, to establish a tolerance for the pesticide at a level that permits the residue to remain and will protect public health. Requires the Administrator to reduce the tolerance for any suspended or canceled pesticide annually if any decrease in the pesticide's residual environmental contamination or residues on food has occurred. Prohibits the Administrator from establishing or continuing a tolerance for a pesticide chemical residue unless the best available, practical method for detecting and measuring the levels of the residue on a food exists. Title IV: Pesticide Information - Prohibits the importation of a raw agricultural commodity into U.S. customs territory unless the commodity importer files with the Secretary and the Secretary of the Treasury a document identifying each pesticide chemical used in connection with the commodity. Requires such importers, if unreported pesticides are detected in such commodities, to submit residue analyses for such pesticides. Waives reporting requirements for unreported pesticides if the presence of such pesticides is attributable to long-term environmental persistence and does not pose a health risk. Amends the Federal Meat Inspection Act, the Poultry Products Inspection Act, and the Egg Products Inspection Act to apply such requirements to importers of meat, poultry, and eggs. Amends the Agricultural Act of 1954 to add to the list of annual reporting requirements of agricultural attaches a report on the customary use of pesticides in the production of agricultural commodities in foreign countries. Title V: Effective Dates - Sets forth the effective dates for provisions of this Act.
United States · United States Congress · 24 April 1991
Amends the Solid Waste Disposal Act to authorize a State to enforce laws collecting fees in connection with the treatment and disposal within such State of solid waste generated in another State. Permits a State, after the submission to the Administrator of a certification under this Act, to enforce laws regulating the treatment and disposal of solid waste within the State. Authorizes any State which has adopted a 20-year solid waste management plan to submit a certification to the Administrator of the Environmental Protection Agency on the solid waste treatment and disposal capacity of the State. Sets forth minimum requirements of the plan. Permits the Governor of each State which has adopted a 20-year management plan to certify to the Administrator that the State has adequate capacity to manage all solid waste generated in the State or received from other States for the following 60-month period. Exempts specified types of waste from regulation under this Act. Grants congressional approval to agreements or compacts entered into by two or more States for cooperative efforts and mutual assistance for solid waste management. Authorizes the Administrator to promulgate regulations exempting waste types or recycling practices from the authority granted to States under this Act if such action promotes the development of an interstate market for recyclable materials or is necessary to promote environmentally sound waste disposal practices.
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
Amends the Davis-Bacon Act (the Act) to apply it to any contract (relating to public buildings or public works of the United States or the District of Columbia or buildings or works financed in whole or part by Federal loans, grants, or loan guarantees, with specified exceptions) in excess of $100,000 for new construction (including painting and decorating) or in excess of $15,000 for alteration, repair, renovation, rehabilitation, or reconstruction (including painting and decorating). Provides that State, local, or tribal government requirements for wages or fringe benefits applied to such contracts for federally-assisted construction or repair of buildings or works shall not be preempted by the Act unless there is a conflict in compliance with both. Provides that an individual shall be considered a laborer or mechanic if the contractor or subcontractor paid the individual, directly or through a subcontract, for such services performed to carry out the contract. Prohibits the use of multiple contracts to avoid application of the Act. Requires that any two or more contracts shall be treated as a single contract if they: (1) individually do not exceed the minimum amount necessary for the Act to apply; (2) in the aggregate do exceed such amount; and (3) all relate to the same work or related work at the same site. Permits any interested person to seek relief from violations of such provision in U.S. district court. Applies the Act also to contracts for the lease of a facility if construction, alteration, repair, renovation, rehabilitation, or reconstruction is required for a contract's fulfillment. Defines the terms "apprentice," "trainee," and "helper." Prescribes circumstances under which such persons may be paid less than the required wage rate under the Act. Directs the Secretary of Labor (the Secretary) to promulgate regulations defining such persons and prescribing the conditions under which they will not be subject to the required rate, the rate at which they will be employed, and other appropriate conditions. Requires the contractor or subcontractor to post the scale of wages required to be paid under such contract in a prominent and easily accessible place at the contract worksite. Provides that the wages required to be paid under the Act shall be the wages determined by the Secretary to be prevailing within three years of the date the contract was entered into. Provides that, if the Secretary has not made a prevailing wage determination within such three-year limitation, the prevailing wage shall be the highest wage prevailing in a comparable area in the State in which the contract is performed. Directs the Secretary, in making a prevailing wage determination, to consider the wages paid for all projects of the same character in the area under contracts for amounts not less than the minimum amounts necessary for the Act to apply. Provides that a contractor or subcontractor may only include contributions and costs relating to employee fringe benefits, as part of their prevailing wage payment, in an amount not exceeding the aggregate of such contributions and costs prevailing in the area. Authorizes the Secretary to investigate and secure compliance with requirements of the Act. Allows any interested person to petition the Secretary to review the determination of a Secretary of a department or an agency head that a contract entered into is not subject to the Act. Provides for judicial review of such coverage determinations. Permits any laborer, mechanic, or any interested person to petition the Administrator of the Wage and Hour Division of the Department of Labor to review the wage payments received to determine if they have been made in accordance with the Secretary's prevailing wage determination. Sets forth procedures for such wage review. Provides that the determination of the Administrator, an administrative law judge, or the Secretary on a petition for review of the wage payments may include the award of damages to the petitioner in the amount of twice the amount of wages not paid in accordance with the prevailing wage determination, if it is found that the petitioner was willfully not paid the required wages. Requires the defendant in such cases to pay a reasonable attorney's fee and the cost of the action. Makes any employer who violates the required wage rate provisions of the Act liable to each affected employee in the amount of unpaid wages and, if the violation was willful, in an additional equal amount as liquidated damages. Allows an action to recover such liability to be maintained against any employer in any Federal or State court of competent jurisdiction by any interested party, or by any employee on behalf of affected employees and other employees similarly situated. Prohibits any employee from being a party plaintiff to such an action unless the employee gives consent in writing to become a party and the consent is filed in the court in which the action is brought. Prohibits employees from bringing such a civil action with respect to their wages if they file a petition for review. Directs the court, in addition to any judgment awarded to the plaintiff or plaintiffs, to allow a reasonable attorney's fee and the cost of the action to be paid by the defendant. Requires the Comptroller General to pay directly to laborers and mechanics from any accrued payments withheld under the contract any wages found by the Secretary to be due. Directs the Secretary to distribute to all departments of the Government a list of the names of persons or firms who: (1) are found to have disregarded their obligations to employees and subcontractors; and (2) are debarred from Federal contracts for a specified time. (Removes the Comptroller General from such debarment process.) Declares that employees may bring an action against contractors and their sureties for the payment of unpaid wages. Specifies that the Secretary or the contracting officer may order accrued payments in amounts necessary to cover unpaid wages to be withheld from contractors found to have violated the Act. Requires that contracts subject to the Act contain a provision allowing the Government to terminate the contract if less than the required wage rate has been or is being paid. Makes the contractor and its sureties liable for any excess costs incurred by the Government because of such termination. Directs the Secretary to: (1) enforce the Act; and (2) promulgate standards and procedures to be observed by contracting officers. Amends the Copeland Anti-Kickback Act (which provides for the Secretary of Labor to make reasonable regulations for contractors and subcontractors in the construction or repair of public buildings or public works or buildings or works financed in whole or part by Federal loans or grants) to require such employers to report certain payroll information on a monthly (rather than a weekly) basis. Requires such information to include specified items (including rates of contributions or costs anticipated for bona fide fringe benefits). Requires such employers to maintain payroll and other related basic records for three years after completion of such work. Permits any interested person to obtain from any Federal department or agency a copy of any such payroll statement which has been filed by the contractor or subcontractor with the department or agency under such Act. Directs the Secretary of Labor to: (1) study the feasibility of employers using electronic methods to comply with reporting requirements under such Act; and (2) report to the Congress within one year on actions taken by the Secretary and employers to facilitate electronic reporting of payroll information.
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
Expresses the sense of the Congress that the Government of Kuwait, Kuwaiti enterprises, and the U.S. Army Corps of Engineers shall grant preference in the award of contracts for the rebuilding of Kuwait to supplies and goods produced and manufactured in the United States and to U.S. engineering and consulting services.
United States · United States Congress · 11 April 1991
Amends the Harmonized Tariff Schedule of the United States to revise a specified subheading relating to nonalloy iron and steel pipes and tubes to include non-galvanized forms of such products. Increases the duty on certain other iron and steel pipes and tubes. Imposes a duty on galvanized nonalloy iron and steel pipes and tubes having a specified thickness. Increases the duty on certain stainless steel pipes and tubes. Authorizes the U.S. Trade Representative to negotiate compensation for claims made pursuant to the General Agreement on Tariffs and Trade, or any other trade agreement to which the United States is a party, as a result of the amendments made by this Act.
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
Toy Safety and Child Protection Act - Directs the Consumer Product Safety Commission to issue a regulation requiring cautionary labeling warning of any dangers to children of specific ages for any children's toy which: (1) is manufactured for sale, offered for sale, distributed in commerce, or imported into the United States; and (2) includes a small part, as defined by the Commission.
United States · United States Congress · 11 April 1991
Missing Service Personnel Act of 1991 - Requires the responsible armed forces commander, after receiving notice that a person under his command is missing, to conduct an informal investigation to determine such person's whereabouts and, if appropriate, to place such person in a missing status. Requires the commander, if a person has been placed in such status, to notify the officer holding general court-martial authority over such person (or, in the case of a missing civilian, the Secretary concerned), who shall convene a board of initial inquiry within 45 days. Requires such board to: (1) investigate evidence relating to the disappearance of such person; (2) recommend whether to continue such person in a missing status or make a finding that such person has deserted, is absent without leave, or is dead; and (3) report its recommendations and findings. Provides for the convening of a board of further inquiry, if a board of initial inquiry recommends that such person be continued in a missing status, within one year of such recommendation. Requires such board to analyze any information which has become available since the board of initial inquiry issued its report, to determine whether such person should be continued in a missing status or declared dead, and to report its findings. Directs the Secretary concerned, upon the written request of a member of the immediate family of a missing person who, before the date of the enactment of this Act, was determined by the Secretary to be dead, to: (1) convene a board of further inquiry to determine whether such finding of death should be upheld or such person should be placed in a missing status; and (2) report its findings. Requires the Secretary, within three years after a board of further inquiry recommends a missing status for any person, to reconvene such board to review such status. Specifies the composition of such boards. Directs the Secretary to invite each member of the immediate family of the missing person to the meetings of a board of initial inquiry unless attendance would place such member in danger. Requires the Secretary to: (1) invite family members of missing persons to meetings of boards of further inquiry; (2) schedule such meetings at convenient locations and times; (3) provide such family members with reasonable notice of such meetings; and (4) open such meetings to the general public. Authorizes each board to hold meetings, take testimony, receive evidence, and secure directly from any U.S. department or agency any information necessary to carry out its duties. Provides for the appointment of counsel by the officer or Secretary concerned to represent the missing person. Requires that, if a board determines that a missing person is dead, it shall include in its report a detailed description of the location and date of death, whether the body has been recovered, and whether a licensed practitioner of forensic medicine determined that the body recovered is that of the missing person. Prohibits any such board from declaring a missing person dead unless: (1) evidence other than the passage of a period of less than 50 years suggests that such person is dead; (2) no evidence which reasonably suggests that such person is alive is in the possession of the Government; (3) representatives of the Government have made a complete search of the area where such person was last seen (unless the United States is not granted access to such area); and (4) Government representatives have checked the records of the government or entity having control over the area where such person was last seen (unless the Government is not granted access to such records). Provides for judicial review of determinations of death upon the filing of a written petition by any member of the missing person's immediate family. Directs the Secretary concerned to make certain that such person's personnel file contains all information in the possession of Federal departments and agencies pertaining to the disappearance or whereabouts of such person. Requires the Secretary to make certain that, if classified information is withheld, such file contains: (1) a notice that the information exists; and (2) a notice of the date of the most recent review of the classification status of the information. Sets forth penalties for knowingly withholding information pertaining to the disappearance or whereabouts of a missing person from that person's personnel file. Requires the Secretary concerned to make the contents of such file available to a member of the immediate family of such person upon written request.
United States · United States Congress · 22 March 1991
Declares that it is U.S. policy to: (1) support democratization within the Soviet Union and support self-determination and independence for all Soviet republics which seek such status; (2) support restoration of independence for Estonia, Latvia, and Lithuania; (3) shape foreign assistance and other programs to support republics whose governments are democratically elected; and (4) support peaceful resolution of conflicts within the Soviet Union and between the central Soviet Government and the Baltic States and Soviet republics, condemn the use of force to suppress democracy and self-determination, and view the use of force for such purposes as an obstacle to fully normalized U.S.-Soviet relations. Directs the Secretary of State to report to the Congress on actual and threatened uses of force against the Baltic States, the Soviet republics, and autonomous regions within the Soviet Union. Requires such report to be included in the Department of State's annual country reports on human rights practices.
United States · United States Congress · 21 March 1991
Ancient Forest Act of 1991 - Directs the Secretaries of Agriculture and of the Interior to designate lands for a Pacific Northwest Ancient Forest Reserve System, consisting of Federal and public lands in Oregon, Washington, and Northern California. Includes within the criteria for the System the need for lands for the viability and recovery of the northern spotted owl population. Requires the Ancient Forest Reserves to include at least 50 percent of old growth forest ecosystems found in the Douglas-fir Region that are outside of congressionally designated areas (wilderness areas and wild and scenic rivers in which commercial timber sales are prohibited). Prohibits vegetation removal on lands designated as Ancient Forest Reserves except for public safety, recreation, and administration. Requires that any timber harvest in the old growth forest ecosystems outside of Ancient Forest Reserves but within the Douglas-fir Region be managed using specified techniques under New Forestry Principles. Requires the Secretaries to establish an Ancient Forest Research Program on old growth forest ecosystems. Directs the President to establish a permanent Ancient Forest Scientific Committee to report to the Secretaries and certain congressional committees on specified aspects of programs and activities established under this Act. Mandates for FY 1992 through 1994 the minimum board feet per year the Secretaries must offer for sale from national forest lands within the Douglas-fir Region and other lands administered by the Bureau of Land Management within such Region according to certain guidelines on tree diameter and canopy closure. Prohibits the sale of timber in certain areas. Requires that sales of timber be first offered from those lands likely to suffer the least ecological impacts. Increases from 25 to 50 percent for a five-year period the amounts paid by the Secretary of Agriculture to States for their counties under Federal law with respect to national forests in the Douglas-fir Region. Sets forth for a five-year period the method by which Oregon and California land-grant funds paid by the Secretary of the Interior shall be distributed to such counties. Directs the Secretary of Agriculture, acting through the Forest Service's State and private forestry programs, to establish a special initiative to improve the productivity on State, county, and private lands in counties that include lands within the Douglas-fir Region. Requires the Secretaries to establish a national community assistance task force to oversee assistance to rural communities in those counties included within the Douglas-fir Region and to establish local task forces to assist communities and help displaced workers. Requires the Secretaries to establish a program to improve the condition of Federal forest lands in the Douglas-fir Region, with hiring preference given to local workers. Directs the President to appoint a Forest Community Assistance Coordinator to coordinate Federal assistance to affected communities and displaced workers. Establishes a special fund in the Treasury to consist of a certain percentage of the Federal Government's share of all timber receipts to fund the Timber Worker Adjustment Program established by this Act under the Job Training Partnership Act to help displaced timber workers find new jobs. Requires the Secretary of the Interior to study and report to specified congressional committees on consolidation of the Bureau of Land Management's Oregon and California lands through exchange, purchase, or donation. Amends the Federal Land Policy and Management Act of 1976, the Multiple-Use Sustained-Yield Act of 1960, and the Forest and Rangeland Renewable Resources Planning Act of 1974 with respect to old growth forest ecosystems. Directs the Secretaries to prepare and submit to the Congress a nationwide inventory of old growth forest ecosystems on national forests and public lands administered by the Bureau of Land Management. Authorizes appropriations.
United States · United States Congress · 20 March 1991
Violence Against Women Act of 1991 - Title I: Safe Streets for Women - Safe Streets for Women Act of 1991 - Subtitle A: Mandatory Restitution, Treatment, and Rehabilitation for Sex Offenses - Requires that a court order restitution, treatment, and rehabilitation for violations of Federal sexual abuse laws, including participation in a psychotherapeutic treatment program by a licensed therapist for specified persons who committed sexual or sexual-related offenses. Specifies that: (1) the treatment program shall be designed to rehabilitate the affected person and to deter such person from committing a sexual offense after being released from the institution; and (2) treatment for a substance abuse-related condition shall be made available to such person in addition to, but not as a substitute for, counseling under such program. Sets forth provisions with respect to the period of treatment, the requirement of a complete forensic psychological assessment prior to the commencement of the treatment program, termination of treatment, supplemental chemical treatment (but the affected person may refuse to participate, or continue to participate, in supplementary chemical treatment), and the responsibilities of the Attorney General (such as contracting for treatment and documenting subsequent criminal sexual abuse). Directs the Attorney General to establish an advisory committee on therapeutic treatment for sex offenders. Authorizes appropriations. Subtitle B: Law Enforcement and Prosecution Grants to Reduce Violent Crime Against Women - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to require the Director of the Bureau of Justice Assistance to make grants to areas of high intensity crime against women. Requires that the grants be used for personnel, training, technical assistance, data collection, and other equipment for the more widespread apprehension, prosecution, and adjudication of persons committing violent crimes against women. Authorizes the Director to make grants to States, for use by States and their subdivisions, to be used for the same purposes as the high intensity area grants and to reduce the rate of violent crimes against women. Authorizes the Director to make general grants to: (1) States to reduce violent crimes against women; and (2) Indian tribes to reduce violent crimes against women in Indian country. Authorizes the Director, in addition to the grants under this subtitle, to direct any Federal agency, with or without reimbursement, to use its authorities and resources in support of State and local assistance efforts. Authorizes appropriations. Bars any State or other grantee (recipient) from receiving funds under this title unless such recipient incurs the full cost of forensic medical exams for victims of sexual assault when such exams are required under this title. Specifies that a recipient does not incur the full medical cost of such exams if it chooses to reimburse the victim after the fact unless the reimbursement program waives any minimum loss or deductible requirement, provides victim reimbursement within a reasonable time (90 days), permits applications for reimbursement within one year from the date of the exam, and provides information to all subjects of such exams about how to obtain reimbursement. Subtitle C: Safety for Women in Public Transit and Public Parks - Directs the Secretary of Transportation, from funds authorized under existing provisions, to make capital grants for the prevention of crime and to increase security in existing and future public transportation systems. Authorizes the Secretary to make grants and loans to States and local public bodies to increase the safety of public transportation through lighting, camera surveillance, security phones, or other projects. Sets the Federal share of each project at 90 percent of the net cost. Directs the Secretary to provide grants and loans to study ways to reduce violent crimes against women in public transit through better design or operation of public transit systems. Amends the National Park System Improvements in Administration Act to authorize the Secretary of the Interior to provide assistance to reduce violent crime in the National Park System (NPS). Provides for the compilation of a list of areas within the NPS with the highest rates of violent crime. Allows funds to be used, around public parks and recreation areas, for increasing lighting, providing emergency phone lines, increasing security or law enforcement personnel, and any other project to increase security and safety. Amends the Land and Water Conservation Act of 1965 to direct the Secretary of the Interior to provide grants for capital improvements and other measures to increase safety in public parks and recreation areas. Subtitle D: National Commission on Violent Crime Against Women - Establishes the National Commission on Violent Crime Against Women to promote a national policy on violent crime against women and to make recommendations on reducing such crime. Authorizes appropriations. Terminates the Commission after submission of its final report, subject to extension by the President for up to one more year. Subtitle E: New Evidentiary Rules - Amends the Federal Rules of Evidence to exclude, notwithstanding any other provision of law and in criminal cases other than a sex offense case, reputation or opinion evidence of the past sexual behavior of a victim from admission into evidence. Allows other types of evidence of a victim's past sexual behavior in accordance with specified procedures if its probative value outweighs the danger of unfair prejudice. Makes reputation or opinion evidence of the plaintiff's past sexual behavior, notwithstanding any other provisions of law, inadmissible in a civil action involving allegations of actionable sexual misconduct. Makes other types of evidence of a plaintiff's past sexual behavior admissible in accordance with specified procedures if its probative value outweighs the danger of unfair prejudice. Defines actionable sexual misconduct to include sex harassment or discrimination claims under title VII (Equal Employment Opportunity) of the Civil Rights Act of 1964 and gender bias claims under title III of this Act. Makes evidentiary rulings made under specified Federal Rules of Evidence relating to sex offense cases and the relevance of a victim's past behavior subject to interlocutory appeal by the Government or by the alleged victim. Allows the alleged victim to waive those rules if the prosecution seeks to offer evidence of prior sexual history. Makes evidence of an alleged victim's clothing, notwithstanding any other provision of law and in a criminal case under Federal laws relating to sexual abuse, inadmissible to show the victim incited or invited the offense. Subtitle F: Assistance to Victims of Sexual Assault - Amends the Public Health Service Act (PHSA) to allow States to use amounts transferred by the State under block grant provisions for rape prevention and education programs conducted by rape crisis centers or similar nongovernmental nonprofit entities. Authorizes appropriations. Removes a requirement that a minimum amount from the block grants under the PHSA be allotted to States on the basis of population. Authorizes the Secretary of Health and Human Services (Secretary) to make grants for research and service demonstration projects to develop and evaluate techniques for lowering the overall incidence of rape by 20 percent by the year 2000 and for reducing the trauma and long-term impact of rape. Authorizes appropriations. Title II: Safe Homes for Women - Safe Homes for Women Act - Subtitle A: Interstate Enforcement - Provides for a Federal term of imprisonment or fine, in addition to any State penalties, for any person who travels or causes another (including the intended victim) to travel across State lines or in interstate commerce with intent to injure a spouse or intimate partner and who, during the travel or thereafter, injures his or her spouse or intimate partner in violation of a criminal law of the State where the injury occurs, or in violation of a State protection order. Provides for temporary protection orders while a case under these provisions is pending. Mandates that a court order restitution to the victim of an offense under this Act. Requires, provided certain conditions are met, that a protection order issued by the court of one State be accorded full faith and credit by the court of another State. Makes a protection order issued against a person who filed a written pleading for protection not entitled to full faith and credit if no cross or counter petition, complaint, or other written pleading was filed seeking such a protection order or, if a cross or counter petition was filed, the court did not specifically find each party entitled to such an order. Subtitle B: Arrest in Spousal Abuse Cases - Amends the Family Violence Prevention and Services Act (FVPSA) to authorize the Secretary to make grants, with regard to spousal abuse, to: (1) implement pro-arrest programs and policies in police departments and improve case tracking; (2) centralize and coordinate police enforcement, prosecution, or judicial responsibility for cases in one group of officers, prosecutors, or judges; and (3) educate judges to improve judicial handling of cases. Directs the Secretary to delegate to the Attorney General responsibility to carry out these provisions. Authorizes appropriations. Subtitle C: Funding for Shelters - Amends the FVPSA to authorize appropriations to carry out that Act, earmarking at least 85 percent of funds appropriated for States, and at least ten percent for Indian tribes and tribal organizations, for grants (under current law, demonstration grants) to prevent family violence and provide immediate shelter and related assistance. Limits the percentage which may be used to provide training and technical assistance to State, Indian tribal, and local domestic violence programs and to other professionals who provide services to victims of domestic violence. Subtitle D: Family Violence Prevention and Services Act Amendments - Amends the FVPSA to: (1) specify that the purpose of such Act is to increase public awareness of, as well as to prevent, family violence, and to provide for training to the courts, and legal, social service, and health professionals (current law specifies only local public agencies, nonprofit private organizations, and others seeking such assistance); and (2) grant preference in the distribution of funds to States that give special emphasis to projects including counseling and self-help services to victims and their children (current law covers counseling, alcohol and drug abuse treatment, and self-help services to abusers and victims.) Directs the Secretary to provide for the funding of domestic violence coalitions that shall further the purposes of domestic violence intervention and prevention through activities such as: (1) working with judicial and law enforcement agencies to encourage appropriate response to domestic violence cases and specified issues, such as the use of mandatory arrest of accused offenders and the use of interstate extradition in cases of domestic violence crimes; (2) working with family law judges, Child Protective Services agencies, and children's advocates to develop appropriate responses to child custody and visitation issues in domestic violence cases, and where domestic violence and child abuse are both present; and (3) conducting public education campaigns regarding domestic violence through the use of public service announcements and informative materials designed for print and electronic broadcast media, billboards, and public transit advertising. Authorizes appropriations. Sets forth provisions with respect to the allotment of funds. Requires: (1) that any State domestic violence coalition have standing to challenge whether a grantee is in compliance with the eligibility requirements, or to seek enforcement, of provisions of the FVPSA; and (2) that each such coalition submit a report to the Secretary detailing the coordination, training, technical assistance, and public education services performed, and evaluating the effectiveness of such services. Raises the limit on funding of grants in any fiscal year to any single entity (other than to a State) to $75,000 (currently, $50,000, and a $150,000 limit on the total amount of such grants to any such single entity). Modifies provisions with respect to grants to entities other than States to require that the local share as a proportion of the total amount of funds provided under such Act to the project involved be 35 percent for new programs for the first year of the program and 20 percent for each year therafter for existing programs. (Current law specifies 35 percent in the first year such project receives a grant under such Act, 55 percent in the second such year, and 65 percent in the third such year.) Repeals a provision requiring that a specified portion of State demonstration grant funds for preventing, and assisting victims of, family violence be distributed to provide shelter for victims. Includes shelter as "related assistance" that may be funded under grants for such purposes, as well as medical services, legal assistance, technical assistance with respect to obtaining financial assistance under Federal and State programs, employment training, and educational and preventive health services. Increases the minimum allotment to States for grants under the FVPSA. Requires the General Accounting Office, within 120 days, to complete a study of, and submit to the Congress a report and recommendations on, problems of recordkeeping of criminal complaints involving domestic violence. Directs the Secretary to: (1) award to not less than ten States model State leadership grants for domestic violence intervention; and (2) provide grants or contracts with public or private nonprofit organizations for the establishment and maintenance of a national resource center and six specialty resource centers focusing on one or more specified issues of concern to domestic violence victims. Sets forth eligibility requirements, funding provisions, and, with respect to the latter, reporting requirements. Subtitle E: Confidentiality for Abused Persons - Requires the Postmaster General to promulgate regulations to secure the confidentiality of abused persons' addresses. Title III: Civil Rights - Declares that all persons within the United States shall have the same rights, privileges, and immunities in every State as are enjoyed by all other persons to be free from crimes of violence motivated by the victim's gender (defined as any crime of violence, including rape, sexual assault, sexual abuse, abusive sexual contact, or any other crime of violence committed because of or on the basis of gender). Makes any person, including a person who acts under color of any statute, ordinance, regulation, custom, or usage of any State, who deprives another of the rights, privileges, and immunities secured by the Constitution and laws as enumerated by this Act liable to the injured party in an action for compensatory and punitive damages, injunctive and declaratory relief, or other relief as the court deems appropriate. Amends the Civil Rights Attorney's Fees Awards Act of 1976 to allow the awarding of attorney's fees in actions to enforce this title. Title IV: Safe Campuses for Women - Safe Campuses for Women Act - Amends the Higher Education Act of 1965 to authorize the Secretary of Education to make, on a competitive basis, grants to and contracts with institutions of higher education for rape education and prevention programs. Requires that the grants be used to educate and provide support services to student victims of rape or sexual assault, with 25 percent of the funds available for model demonstration programs for rape prevention and education curricula and for local programs to provide services to student rape victims. Authorizes appropriations to carry out title X (Fund for the Improvement of Postsecondary Education) of the Act. Amends the General Education Provisions Act to add sexual assault to the list of criminal offenses about which statistics must be disclosed by institutions participating in certain programs. Title V: Equal Justice for Women in the Courts - Equal Justice for Women in the Courts Act - Subtitle A: Education and Training for Judges and Court Personnel in State Courts - Authorizes the State Justice Institute to make grants for model programs to be used by States in training judges and court personnel in State laws on rape, sexual assault, domestic violence, and other crimes of violence motivated by the victim's gender. Authorizes appropriations. Requires the State Justice Institute to expend at least: (1) 40 percent of appropriated funds on programs regarding domestic violence; and (2) 40 percent on programs regarding rape and assault. Subtitle B: Education and Training for Judges and Court Personnel in Federal Courts - Directs the Federal Judicial Center to study and report on the nature and extent of gender bias in the Federal courts. Requires the Center to develop and disseminate model programs to be used in training Federal judges and court personnel in the laws on rape, sexual assault, domestic violence, and other crimes of violence motivated by the victim's gender. Authorizes appropriations. Requires between 25 and 40 percent of such funds to be used for the study required by this subtitle.
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 manufacturing affiliate conducts all of its manufacturing activity within the United States and uses component parts manufactured in the United States unless specified requirements regarding good faith efforts to obtain such component parts in the United States and domestic content are met; (3) 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.
![Official portrait of Rep. Visclosky, Peter J. [D-IN-1]](https://www.congress.gov/img/member/v000108_200.jpg)