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![Official portrait of Sen. Garn, E. J. (Jake) [R-UT]](https://www.congress.gov/img/member/g000072_200.jpg)
United States · Official source
2,259 records where Sen. Garn, E. J. (Jake) [R-UT] is listed as a sponsor, author, or other actor. Search with topics and years
United States · United States Congress · 21 March 1991
Designates the week beginning on the first Sunday in May 1991 as National Tourism Week.
United States · United States Congress · 21 March 1991
Designates the week of August 12 through 18, 1991, as National Parents of Murdered Children Week.
United States · United States Congress · 21 March 1991
Designates the weeks of April 14 through 21, 1991, and May 3 through 10, 1992, as Jewish Heritage Week.
United States · United States Congress · 21 March 1991
Declares that the Senate: (1) extends a warm welcome to His Excellency Lech Walesa, President of the Republic of Poland, upon the occasion of his State Visit to the United States; (2) recalls the historic ties between the people of both countries; (3) applauds his commitment to economic and political reform; (4) reaffirms the Senate's and U.S. people's support for the independence and security of Poland; (5) looks forward to cooperation with Poland on issues relating to security and stability in Europe; and (6) commends the Bush Administration's decision to reduce Poland's debt to the United States, applauds the Paris Club's decision to reduce Poland's foreign debt, and urges Poland's private creditors to do the same.
United States · United States Congress · 20 March 1991
Financial Institutions Safety and Consumer Choice Act of 1991 - Title I: Federal Deposit Insurance Reform - Subtitle A: Federal Deposit Insurance Reform - Amends the Federal Deposit Insurance Act to exclude from the meaning of "insured deposit": (1) any deposits obtained from a deposit broker, with certain exceptions; and (2) any depository institution investment contracts (BICs) with an employee benefit plan. Limits the amount of an insured deposit for any deposit to $100,000 per insured depository institution. Prohibits the Federal Deposit Insurance Corporation (FDIC) from providing insurance coverage on a pro-rata or pass-through basis to an employee benefit plan participant or beneficiary, with specified exceptions. States that certain retirement accounts under which participants and beneficiaries have the right to direct the investment assets held on their behalf by the plan will be insured in an aggregate amount up to $100,000 per participant per insured depository institution. (Terminates separate insurance for each account.) Limits the insurance coverage of trust funds to $100,000 per trust estate held on deposit by a trustee institution under an irrevocable trust. Requires the FDIC to study and report to the Congress on the feasibility of implementing a deposit insurance system based upon systemwide coverage limitations for each depositor. Directs the Board of Governors of the Federal Reserve System (the Board), as part of such feasibility study, to provide the FDIC with the results of a survey of the ownership of deposits held by individuals, including the dollar amount and type of deposit accounts held, and the type of financial institution in which they are held. Prohibits an insured depository institution which does not meet applicable minimum capital requirements, as well as its employees, from soliciting deposits by offering interest rates significantly higher than the prevailing rates offered by other insured depository institutions in such institution's normal market areas. Directs the FDIC to only provide assistance to any insured depository institution in such amounts as are necessary to satisfy its obligations to the institution's insured depositors at the least cost to the affected deposit insurance fund. Directs the FDIC to provide assistance to satisfy, in whole or in part, the institution's liability to its uninsured depositors if that would constitute the least-cost method of resolving the depository institution. States that upon a joint determination by the Board and the Secretary of the Treasury (the Secretary) that the FDIC cannot resolve an insured depository institution without causing a severe adverse impact upon the financial system, they shall direct the FDIC to provide assistance to satisfy such institution's liability to its depositors (or take whatever action is necessary to lessen the risk posed by such institution). Requires the FDIC Board of Directors to establish a risk-based assessment system for insured depository institutions based upon categories of risk. Prohibits an insured State bank from engaging as principal in any activity not permissible for a national bank unless: (1) the FDIC has determined that the activity poses no significant risk to the affected deposit insurance fund; and (2) the State bank is in compliance with federally prescribed capital standards. Prohibits equity investments by State banks which are impermissible for national banks (except for the equity interests in a subsidiary of which the State bank is a majority owner). Prohibits subsidiaries of insured State banks from engaging as principal in any type of activity that is impermissible for the subsidiary of a national bank unless: (1) the FDIC has determined that such activity poses no significant risk to the affected deposit insurance fund; and (2) the bank is in compliance with the minimum federally prescribed capital standards. Prohibits an insured State bank subsidiary from engaging in securities or insurance underwriting except to the extent such activities are permissible for national banks. Amends the Federal Reserve Act to authorize the Board to conduct annual on-site examinations of depository institutions under its jurisdiction (including their affiliates). Mandates that: (1) the appropriate Federal banking agencies and the Securities and Exchange Commission (SEC) jointly develop a supplemental disclosure method by which banks may include in their mandatory financial reports to such agencies the fair market value of assets and liabilities; (2) each insured bank provide to the appropriate Federal banking agency copies of audit reports; and (3) the appropriate Federal banking agencies develop a system to monitor interest rate risk, and adjust risk-based capital standards to reflect interest rate risk. Amends the Federal Credit Union Act to require as part of a credit union's insurance application that the applicant agree to make initial capitalization payments to the National Credit Union Share Insurance Fund according to prescribed guidelines, in addition to an annual insurance premium. Subtitle B: Reinsurance Demonstration Project - Directs the FDIC to establish a reinsurance demonstration project to determine the feasibility of developing a private reinsurance system. Establishes the Reinsurance Demonstration Project Committee to analyze, review, and report to the Congress the results of the reinsurance demonstration project. Title II: Financial Services Modernization - Subtitle A: Financial Services Holding Companies - Amends the Bank Holding Company Act to define financial services holding companies and diversified holding companies. Amends the Bank Holding Company Act of 1956 to specify additional financial entities prohibited from acquiring control or ownership of certain financial services organizations. Prohibits any insured depository institution (except foreign banks with insured branches in the United States) from becoming a financial services holding company or a diversified holding company. Sets forth expedited procedures for acquisition of additional banks by zone one financial services holding companies. Sets forth guidelines for acquisitions involving diversified holding companies. Provides that financial services holding companies (except certain foreign banks) cannot be banks. Modifies the guidelines for ownership interests in nonbanking organizations. Replaces the current "closely related" standard for permissible activities with a "financial nature" standard. Sets forth the permissible parameters for insurance and securities affiliates. Sets a deadline by which a financial services holding company must notify the appropriate Federal banking agency with respect to its ownership or control of the shares of a company engaged in qualified financial activities. Outlines permissible nonbanking activities and acquisitions for zone one financial services holding companies. Sets forth additional capital requirements for a financial services holding company that intends to engage in, or acquire, or retain the shares of a company engaged in a new financial activity. Sets forth certain restrictions on the activities of financial services holding companies. Prescribes guidelines for acquisition activities by diversified holding companies and their affiliates. Sets forth Federal administrative procedures for financial services holding companies and diversified holding companies (including their subsidiaries and affiliates). Prohibits the States from preventing or impeding certain acquisition or affiliation activities undertaken by: (1) insured depository institutions; (2) diversified holding companies; and (3) financial services holding companies. Amends the Bank Holding Company Act Amendments of 1970 to prohibit a financial services holding company or a diversified holding company from: (1) engaging in certain tying arrangements; or (2) transacting insider loans. Amends the Home Owners' Loan Act to exempt from its coverage financial services holding companies and diversified holding companies. Subtitle B: Financial Activities of National Banks - Amends the Banking Act of 1933 to provide that its limitations and restrictions with respect to certain securities activities conducted by a national bank for its own account shall not apply to the distribution of securities issued by investment companies. Amends the Banking Act of 1933 to repeal the proscription against: (1) the affiliation of member banks with organizations engaged principally in securities; and (2) member bank personnel serving simultaneously as employees or officers of securities organizations. Authorizes national banking associations located in certain small-sized population areas to sell insurance to residents of the State in which the association is located. Amends the Federal Reserve Act to: (1) set forth conditions under which a loan or extension of credit by a member bank shall not be deemed to be made to an affiliate; (2) require prior notification to the appropriate Federal banking agency before a financial services holding company may permit an insured depository institution under its control to engage in a covered transaction which exceeds five percent of its capital stock and surplus; and (3) revise definitions related to affiliates of member banks. Amends the Federal Deposit Insurance Act to require customer disclosure by an insured depository institution with respect to the non-insured status of its non-banking products. Subtitle C: Non-Banking Activities of Foreign Banks in the United States - Amends the International Banking Act of 1978 to set forth circumstances under which a foreign bank that maintains a branch or agency in the United States (or owns or controls a commercial lending company organized under State law) shall be subject to the provisions of this Act. Subtitle D: Amendments to the Securities Acts - Amends the Securities Act of 1933 to: (1) subject to its provisions certain bank-issued securities and certain savings association-issued securities; (2) exempt from its provisions certain bank and savings association instruments functioning as securities in a secured transaction; (3) exempt from its provisions equity securities transactions with respect to bank acquisition by a financial services holding company, or acquisition of a financial services holding company by a diversified holding company. Amends the Securities Exchange Act of 1934 to: (1) revise definitions relating to bank broker activities and bank dealer activities; (2) prohibit any bank from acting as broker or dealer except in the course of an exclusively intrastate business; and (3) prohibit certain securities transactions, with specified exceptions, taking place on bank premises which are commonly accessible to the general public for deposit-making purposes. Repeals the Federal agency administration provisions with respect to disclosure requirements for securities issued by insured depository institutions. Amends the Investment Company Act of 1940 to mandate that the custody of investment company assets or unit investment trusts by affiliates of either the registered management company or the registered unit investment trust must be in accordance with Securities and Exchange Commission (SEC) rules prescribed for the protection of investors. Prohibits a registered investment company from having a majority of its board of directors consisting of personnel of any one bank and its subsidiaries, or any one financial services holding company and its affiliates and subsidiaries. Grants the SEC additional rulemaking authority regarding bank-affiliated mutual funds. Prohibits registered investment company securities from being represented as: (1) guaranteed, sponsored, recommended or approved by any Federal agency; (2) insured by the FDIC; or (3) guaranteed or an obligation of any bank or insured institution. Provides that any person issuing or selling securities of an investment company whose name is similar to that of a bank may be required to disclose prominently that the investment company and its securities are neither FDIC-insured, nor guaranteed by an affiliated bank or insured institution, nor otherwise an obligation of such bank or insured institution. Authorizes the SEC to determine by order that use of a name similar to a bank is deceptive and misleading, and to take action accordingly. Amends the Investment Advisers Act of 1940 to include within the meaning of "investment adviser" any bank or financial services holding company which acts an investment adviser to a registered investment company (unless it performs such services through a separately identifiable division). Requires the SEC to give notice to the appropriate Federal banking agency prior to initiating any investigative or enforcement proceedings against a financial services holding company bank, or bank division acting as registered investment adviser. Amends the Securities Act of 1933, the Securities Exchange Act of 1934, and the Investment Company Act of 1940 to exempt certain bank common trust funds from their coverage. Amends the Internal Revenue Code to provide that the transfer to a regulated investment company of all or substantially all of the assets of a common trust fund shall not result in a gain or loss to the common trust fund participants if the transfer is the result of a merger, conversion, reorganization, transfer or similar transaction. (Thus, if a bank were to transfer a common trust fund to a mutual fund, such transfer per se would not be considered a taxable event for the fund participants.) Directs the SEC to examine and report to the Congress on the appropriate treatment of: (1) bank collective investment funds and separate accounts under the securities laws and the Employee Retirement Income Security Act (ERISA); and (2) common trust funds under the securities laws. Subtitle E: Prompt Corrective Action - Amends the Federal Deposit Insurance Act to set forth: (1) definitional guidelines (including capital zones and critical capital level); and (2) permissible activities for banks within various capital zones (including financial services holding companies). Amends the Federal Deposit Insurance Act, the Bank Conservation Act, the Federal Reserve Act, and the Home Owners' Loan Act to set forth additional grounds for appointing conservators and receivers for specified undercapitalized depository institutions (as defined by their capital zones under this Act). Subtitle F: Nationwide Banking and Branching - Amends the Financial Services Holding Company Act to authorize nationwide banking, notwithstanding certain State laws, by: (1) a diversified holding company; (2) a financial services holding company; or (3) a foreign bank. Amends Federal banking law to permit a national banking association to establish and operate new branches at an initial location within any State in which a financial services holding company or State bank having the same home State (or chartered in the same home State as such association) could establish a branch. Provides for the interstate consolidation or merger of national banks, or State banks with national banks, and for the subsequent retention of pre-existing branches subject to regulatory approval. Amends the Federal Deposit Insurance Act to prohibit State proscription against interstate branching by State banks. Permits a host State to determine compliance by interstate branches with its regulations, and to coordinate regulatory supervision with other State bank authorities regarding branches of State-chartered banks. Amends the International Banking Act of 1978 to provide that during the three-year period starting on the date of enactment of this Act the Director may authorize foreign banks to establish and operate federally-chartered branches in the United States if such establishment is not prohibited by the law of the relevant State. Revises the limitations placed upon interstate branching by foreign banks to more closely conform with the limitations placed upon interstate branching by domestic banks. Amends the Home Owners' Loan Act to authorize approval by the appropriate Federal banking agency for a savings and loan holding company or a foreign bank to acquire interstate interests in savings associations. Permits the consummation of such approved acquisitions even though State law would otherwise prohibit or limit them. Title III: Regulatory Restructuring - Subtitle A: Office of Depository Institution Supervision - Establishes in the Department of the Treasury the Office of Depository Institutions Supervision (the Office) to be headed by a Director to: (1) grant or deny charters or other applications; (2) conduct examinations of banking entities within its purview; (3) appoint conservators or receivers for depository institutions; and (4) render a final decision in a contested administrative enforcement proceeding. Authorizes the Director to impose and collect from entities for which the Director is the appropriate Federal banking agency assessments, fees, and other user charges to meet the full cost of the Federal services provided. Subtitle B: Interim Provisions; Transfer of Functions, Personnel, and Property - Outlines interim administrative functions of the Office prior to the date that the functions of the Comptroller of the Currency and the Office of Thrift Supervision are transferred to it. Abolishes the Office of Thrift Supervision and the Office of the Comptroller of the Currency. Outlines transfer and interim provisions. Subtitle C: Regulatory and Supervisory Responsibility - Transfers to the Office all powers and duties vested in the Director of the Office of Thrift Supervision and the Comptroller of the Currency. Amends the Federal Deposit Insurance Act to designate the institutions for which the appropriate Federal banking agency is either: (1) the Director of the Office of Depository Institutions Supervision; or (2) the Board of Governors of the Federal Reserve System. Sets forth guidelines to determine the appropriate Federal banking agency for foreign banks and multiple bank subsidiaries. Requires the Director to conduct an annual on-site examination of each depository institution and branch of a foreign bank under his or her purview, with specified exceptions. Authorizes the Director to examine a depository institution and its affiliate in order to disclose fully their relationship and its effect upon the depository institution. Provides for civil money penalties for affiliates who refuse to cooperate with authorized examinations. Amends Federal law to set forth circumstances under which the Director may appoint a receiver for a national banking association. Subtitle D: Transfer of Federal Deposit Insurance Corporation Authority - Amends the Federal Deposit Insurance Act to subject financial services holding companies and their subsidiaries to certain of its enforcement proceedings. Repeals the proscription against participation by State nonmember insured banks in lotteries and related activities. Makes conforming amendments to the Federal Reserve Act. Directs the Chairman of the Board of the FDIC and the Chairman of the Board of Governors of the Federal Reserve System to determine jointly which FDIC employees are necessary to FDIC functions transferred to the Federal Reserve System by this Act, and to transfer such employees accordingly. Outlines the employee transfer program. Subtitle E: Litigation Authority - Authorizes the Director, the Board of Governors of the Federal Reserve System, the FDIC and the National Credit Union Administration to conduct litigation, subject to the prior consent and general direction and control of the Attorney General. Subtitle F: Reorganization of Boards of Directors - Amends the Federal Deposit Insurance Act and the Federal Credit Union Act to make conforming amendments to organizational provisions regarding their respective boards of directors. Subtitle G: Savings Provisions for the Transfer of Authority from the Board of Governors of the Federal Reserve System to the Director - Sets forth savings provisions for the transfer of authority from the Board of Governors of the Federal Reserve System to the Director of the Office of Depository Institutions Supervision. Title IV: Bank Insurance Fund Recapitalization - Subtitle A: - Federal Deposit Insurance Corporation Borrowing - Amends the Federal Deposit Insurance Act to authorize the FDIC to borrow funds from any Federal Reserve bank to: (1) maintain or improve the liquidity of BIF; or (2) provide financial assistance with respect to an insured depository institution or its receivership or conservatorship. Sets a ceiling upon FDIC outstanding corporate debt from all Federal Reserve banks at any one time. Amends the Federal Reserve Act to authorize any Federal Reserve bank to make advances to the FDIC upon its request, subject to limitations set by the Board of Governors of the Federal Reserve System. Subtitle B: Federal Deposit Insurance Corporation Assessments - Amends the Federal Deposit Insurance Act to specify the maximum aggregate assessment to be charged semiannually to Bank Insurance Fund members. Grants the FDIC authority to make estimates and projections for the purpose of computing assessment rates and aggregate assessment target amounts. Authorizes the FDIC to pay interest and principal on its outstanding debt to a Federal Reserve bank from the semiannual BIF assessments. Title V: Miscellaneous Provisions - Subtitle A: Payment System Risk Reduction - Outlines the netting procedures to be used by financial institutions engaged in transactions with one another directly or through the auspices of financial institutions' clearing organization. Precludes any judicial or administrative proceeding from delaying or limiting the application of such netting procedures. Subtitle B: Right to Financial Privacy Act Amendments - Amends the Right to Financial Privacy Act of 1978 to permit the transfer of financial records of a financial institution by a Federal agency to the Attorney General for civil actions under the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, or for forfeiture under Federal criminal law. Provides that the transferring agency shall not be deemed to have waived any privilege applicable to such records. Subtitle C: Reduction in Regulatory Burden - Amends the Home Mortgage Disclosure Act to repeal the exemption from certain mortgage loan information disclosure requirements granted to depository institutions with $30,000,000 or less in assets. Raises the general disclosure exemption threshold for depository institutions from $10,000,000 to $50,000,000 or less in assets, adjusted annually according to the Consumer Price Index. Requires the Secretary of the Treasury and the head of each appropriate Federal banking agency to review and report to the Congress on all laws and regulations under their jurisdiction to determine whether they: (1) adversely affect the capital position and profitability of insured depository institutions; and (2) impose duplicative paperwork and compliance requirements. Prohibits an appropriate Federal banking agency from requiring any institution under its jurisdiction to prepare or maintain data to comply with the Fair Housing Act, other than the data prescribed pursuant to the Home Mortgage Disclosure Act. Subtitles D: Expedited Funds Availability - Amends the Expedited Funds Availability Act with respect to the frequency of notices when funds will be held beyond statutory schedules to provide that no further notice is required after the required notice has been furnished until one year later or such other time as the exception for which the notice was provided ceases to apply, whichever is earlier. Subtitle E: Final Settlement Payment Procedure - Amends the Federal Deposit Insurance Act to authorize the FDIC as conservator or receiver of an insured insolvent institution to: (1) settle all uninsured and unsecured claims on the receivership with a final settlement payment which shall constitute full payment and disposition of its obligations to the claimants; and (2) undertake any supervisory actions and promulgate regulations necessary to implement its final settlement payment functions. Title VI: Technical and Conforming Amendments - Subtitle A: Severability; Transition References - Sets forth severability and transition provisions. Subtitle B: Technical and Conforming Amendments - Makes technical and conforming amendments to specified Federal Acts. Subtitle C: Repeal of Obsolete Provisions of Law - Repeals specified provisions of Federal law. Subtitle D: Effective Date - Sets forth the effective date of amendments made by this title.
United States · United States Congress · 20 March 1991
Fairness for Adopting Families Act - Amends the Internal Revenue Code to permit an individual income tax deduction for qualified adoption expenses. Includes as deductible reasonable and necessary expenses that are directly related to a legal adoption of any child if the adoption has been arranged by a State, local, or other nonprofit agency, or through a private placement. Excludes from an employee's gross income any amounts paid on behalf of the employee by an employer pursuant to a qualified adoption assistance program. Limits both the deduction and the exclusion to $5,000. Reduces the amount when the taxpayer's income exceeds $60,000. Permits an employer to treat an adoption assistance program as a statutory employee benefit plan, thus making the employer's contributions to such a program tax deductible as business expenses.
United States · United States Congress · 20 March 1991
Amends the Internal Revenue Code to increase the personal exemption for a dependent child who has not attained age 18 from $2,000 to $3,500. Provides for rounding inflation adjustments in tax tables to the nearest multiple of $10 (currently rounded to the next lowest multiple of $50).
United States · United States Congress · 20 March 1991
Replacement and Alternative Fuels Act of 1991 - Requires the Secretary of Energy to establish a program to: (1) promote the development and use of domestic-produced replacement and alternative fuels to replace conventional petroleum motor fuels; and (2) ensure the availability of those replacement and alternative motor fuels which will have the greatest impact in improving air quality. Prescribes development plan and production goals. Sets a timetable by which the Secretary must prescribe the minimum percentage of domestic-produced replacement and alternative fuels on an energy equivalent basis to be sold in specified calendar years by any refiner for use as a motor fuel. Prescribes minimum percentages of domestically produced replacement fuel to be sold in specified calendar years. Requires the Secretary to promulgate regulations for the exchange of marketable credits among: (1) refiners; (2) distributors of alternative motor fuels sold in commerce for transportation purposes; and (3) manufacturers of electricity-powered automobiles. Requires each refiner to report annually to the Secretary the percentage of domestic-produced replacement fuel, on an energy equivalent basis, contained in the total quantity of motor fuel sold during the preceding calendar year, and the amount of alternative motor fuels, sold or credited to such refiner during such year. Requires each distributor of alternative fuel to report annually to the Secretary the amount of alternative fuel sold into commerce for transportation purposes, and the amount of credits sold to refiners. Requires the Secretary of Transportation to report annually to the Secretary of Energy the number of dual fuel and dedicated alternative fuel vehicles manufactured and sold into commerce by each manufacturer each year. Requires the Administrator of the Environmental Protection Agency to report to the Congress on the environmental impact potential of developing replacement fuels and alternative motor fuels. Amends the Motor Vehicle Information and Cost Savings Act to provide that if the average fuel economy standard applicable to passenger automobiles is increased above a specified level for any model year, the Secretary of Transportation may increase the maximum increase in average fuel economy for a manufacturer attributable to dual energy and natural gas dual energy automobiles to the extent that alternative and replacement motor fuel sales indicate that such fuels are being used to displace the use of conventional petroleum as a motor fuel. Establishes civil penalties for violations of this Act. Authorizes appropriations. Requires the Secretary of Transportation to issue regulations requiring certain gasoline retailers to have available for sale, in addition to replacement motor fuels, other alternative motor fuels.
United States · United States Congress · 20 March 1991
Authorizes the States to waive application of the Commercial Motor Vehicle Safety Act of 1986 to vehicles used either for transporting farm supplies from retail dealers to or from a farm, or for custom harvesting, regardless of whether or not they are controlled or operated by a farmer.
United States · United States Congress · 20 March 1991
Designates the weeks beginning November 24, 1991, and November 22, 1992, as National Family Caregivers Week.
United States · United States Congress · 20 March 1991
Recognizes and honors the reserve armed forces for their courage and contribution to the victory in the Persian Gulf through Operation Desert Storm.
United States · United States Congress · 14 March 1991
Omnibus Transportation Employee Testing Act of 1991 - Amends the Federal Aviation Act of 1958 to direct the Administrator of the Federal Aviation Administration (FAA) to establish a program requiring domestic and foreign air carriers to conduct preemployment, reasonable suspicion, random, recurring, and post-accident testing of airmen, crewmembers, airport security screening contract personnel, and other air carrier employees responsible for safety-sensitive functions for use of alcohol or a controlled substance. Requires the Administrator to establish the same program for FAA employees. Sets forth guidelines for such program. Prohibits such employees from serving in safety-sensitive functions unless they have completed a rehabilitation program established under FAA auspices. Prohibits such individuals from performing air transportation-related duties if they: (1) engaged in such use while on duty; (2) prior to such use had undertaken or completed a rehabilitation program; (3) refuse to undertake such rehabilitation program; or (4) fail such rehabilitation program. Requires domestic and foreign air carriers to maintain a rehabilitation program for the identification and treatment of their employees who need assistance in resolving substance abuse problems. Requires the Administrator to establish and maintain such a rehabilitation program for FAA employees whose duties include responsibility for safety-sensitive functions and who need assistance in resolving substance abuse problems. Outlines the requirements of such program. Amends the Federal Railroad Safety Act of 1970 to direct the Secretary of Transportation (Secretary) to issue regulations that establish a program which requires railroads to conduct preemployment, reasonable suspicion, random, recurring, and post-accident testing of railroad employees responsible for safety-sensitive functions for use of alcohol or a controlled substance. Outlines the requirements for such testing program. Requires each railroad to maintain a rehabilitation program for the identification and treatment of their employees who need assistance in resolving substance abuse problems. Amends the Commercial Motor Vehicle Safety Act of 1986 to direct the Secretary to establish a program requiring motor carriers to conduct preemployment, reasonable suspicion, random, and post-accident testing of commercial motor vehicle operators for use of alcohol or a controlled substance. Mandates that such program include post-accident testing of a commercial motor vehicle operator in any accident involving loss of human life, serious bodily injury, or significant property damage. Directs the Secretary to issue regulations setting forth the requirements for a rehabilitation program for the identification and treatment of commercial motor vehicle operators who are determined to have used alcohol or a controlled substance. Sets forth the requirements of the testing procedures. Requires the Secretary to: (1) determine appropriate sanctions against operators who are determined, as a result of such tests, to have used alcohol or a controlled substances without lawful authorization (but who are not under the influence of alcohol or a controlled substance); (2) design and implement a pilot test program for the random testing of commercial motor vehicle operators to determine the use without lawful authorization of alcohol or a controlled substance; (3) solicit (and select) State participation in such a program; and (4) submit a comprehensive report to the Congress setting forth the pilot program results. Authorizes appropriations for such pilot testing program. Directs the Secretary to issue regulations that establish a program which requires mass transportation operations which receive mass transportation assistance under the Urban Mass Transportation Act of 1964 to conduct preemployment, reasonable suspicion, random, periodic recurring, and post-accident testing of mass transportation employees responsible for safety-sensitive functions for use of alcohol or a controlled substance. Requires the Secretary to issue regulations setting forth requirements for rehabilitation programs which provide for the identification and treatment of mass transportation employees who are determined to have used alcohol or a controlled substance. Outlines the requirements for such program. Requires the disqualification for a period of time or dismissal of mass transportation employees who have been determined to have used alcohol while on duty or a controlled substance, whether on duty or not on duty. Prohibits a person from receiving mass transportation assistance if such person is required to establish an alcohol and controlled substances testing program and fails to establish such a program.
United States · United States Congress · 14 March 1991
Alcoholic Beverage Advertising Act of 1991 - Declares it unlawful to advertise through magazines, newpapers, brochures, promotional displays, or radio or television broadcasting (including cable broadcasting) any alcoholic beverage unless the advertising includes one of specified health warnings. Makes the Secretary of Health and Human Services responsible for establishing and maintaining toll free numbers for assistance referred to in some of the warnings. Sets forth requirements for the warnings, including rotating among the warnings. Requires the Chairman of the Federal Trade Commission to enforce this Act. Provides for civil monetary penalties and injunctions.
United States · United States Congress · 14 March 1991
Designates October 1991 as National Breast Cancer Awareness Month.
United States · United States Congress · 14 March 1991
Establishes the Senate Select Committee on POW/MIA Affairs to receive, concurrently with other committees of the Senate with jurisdiction, all messages, petitions, memorials, and other matters relating to U.S. personnel unaccounted for from military conflicts.
United States · United States Congress · 13 March 1991
General Aviation Accident Liability Standards Act of 1991 - Declares that this Act supersedes any State law regarding liability for general aviation accidents. Establishes guidelines for uniform standards of liability of general aviation manufacturers for general aviation accidents. States that all actions for harm arising out of a general aviation accident shall be governed by the principles of comparative responsibility. Establishes, with specified exceptions, a limitation of actions period of 20 years from delivery of aircraft or harm-causing part to the purchaser for general aviation civil liability brought against a general aviation manufacturer. Declares admissible as evidence certain income tax and payroll tax liability for purposes of establishing financial harm arising out of a general aviation accident. Permits the award of punitive damages if a claimant establishes by clear and convincing evidence that the harm suffered was the direct result of conduct manifesting conscious, flagrant indifference to safety. Establishes a two-year limitation of actions period for actions arising out of a general aviation accident. Declares the intent of the Congress that sanctions be strictly enforced for violations of Rule 11 of the Federal Rules of Civil Procedure, including orders to pay to the other party the reasonable costs of legal fees. Confers original jurisdiction upon the Federal district courts, concurrently with State courts, for all civil actions that exceed $50,000 for harm arising out of a general aviation accident. Provides procedures for removal from State to Federal district courts of such actions.
United States · United States Congress · 13 March 1991
Title I - Product Liability Fairness Act - Declares that this Act governs any product liability action brought against a manufacturer or product seller, on any theory, for harm caused by a product. States that a civil action brought against a manufacturer or product seller for loss or damage to a product itself or commercial loss shall be governed by applicable commercial or contract law. Supersedes any inconsistent State law regarding recovery in such actions. Lists specific laws not superseded, including: (1) defense of sovereign immunity asserted by any State or by the United States; (2) any Federal law (except the Federal Employees Compensation Act and the Longshore and Harbor Workers' Compensation Act); (3) the Foreign Sovereign Immunities Act of 1976; (4) State choice-of-law rules; (5) the right of any court to transfer venue or to apply the law of a foreign nation or to dismiss a claim of a foreign nation or citizen on the ground of inconvenient forum; and (6) any statutory or common law cause of action, including an action to abate a nuisance, that authorizes a State or person to institute an action for civil damages or civil penalties, clean up costs, injunctions, restitution, cost recovery, punitive damages, or any other form of relief from contamination or pollution of the environment or the threat of it. Declares that U.S. district courts shall not have jurisdiction over any civil action under this Act, based on specified provisions of Federal law relating to district court jurisdiction. Declares that, if any provision of this Act would shorten the period during which a manufacturer or seller would otherwise be exposed to liability, the claimant may, notwithstanding that period, bring any civil action under this Act within one year after the effective date of this Act. Title II - Allows any claimant to bring a civil action for damages against a person for harm caused by a product under applicable State law, except to the extent such law is superseded by this title. Sets forth expedited settlement measures, including: (1) an option to include an offer of settlement, for a specific dollar amount, by the plaintiff in the complaint and by the defendant in a responsive pleading; and (2) awarding attorney's fees and costs, in certain circumstances, to the prevailing party if the other party does not accept the settlement offer. Sets forth alternative dispute resolution procedures, including: (1) an option, in lieu of or in addition to a settlement offer, for a claimant or a defendant to offer to proceed under any voluntary alternative dispute resolution procedure established or recognized under the law of the State in which the action is brought or maintained; and (2) awarding of attorney's fees and costs to the offering party if the court determines that a refusal to so proceed was unreasonable or not in good faith. Creates a rebuttable presumption that a refusal to so proceed was unreasonable, or not in good faith, if a verdict is rendered in favor of the offeror. Title III - Allows a person seeking to recover for harm caused by a product to bring a civil action against the manufacturer or seller under applicable State or Federal law, except to the extent such law is superseded by this Act. Establishes a standard of product seller liability for proximate causes of harm, established by a preponderance of the evidence, which fall under the categories of negligence or express warranty. Allows the trier of facts, in a negligence action, to consider the conduct of the seller with respect to: (1) the construction, inspection, or condition of the product; and (2) failure to pass on warnings or instructions from the manufacturer. Deems the seller not liable for failure to provide warnings or instructions unless the claimant establishes that the seller failed to: (1) provide warnings or instructions received while the product was in the seller's possession and control; or (2) make reasonable efforts to provide users with warnings and instructions which it received after the product left its possession and control. Deems a seller not liable except for breach of warranty where there was no opportunity to inspect the product in a manner which would or should, in the exercise of reasonable care, have revealed the aspect which allegedly caused the harm. Declares that the seller shall be treated as the manufacturer and be liable for harm caused by a product as if it were the manufacturer if: (1) the manufacturer is not subject to service of process in any State in which the action might have been brought; or (2) the court determines that the claimant would be unable to enforce a judgment against the manufacturer. Allows punitive damages, if otherwise permitted by applicable law, to be awarded in any civil action under this title to any claimant who establishes by clear and convincing evidence that the harm suffered was the result of conduct manifesting a manufacturer's or product seller's conscious, flagrant indifference to the safety of those persons who might be harmed by a product. Declares that a failure to exercise reasonable care in choosing among alternative product designs, formulations, instructions, or warnings is not of itself such conduct. Prohibits awarding punitive damages in the absence of a compensatory award, subject to exception. Prohibits punitive damages against a manufacturer or seller of a drug or medical device where: (1) the drug or device was subject to pre-market approval by the Food and Drug Administration (FDA); or (2) the drug is generally recognized as safe and effective under conditions established by the FDA. Prohibits punitive damages against a manufacturer of an aircraft where: (1) the aircraft was subject to pre-market certification by the Federal Aviation Administration (FAA); and (2) the manufacturer complied, after delivery, with FAA requirements and obligations with respect to continuing airworthiness. Provides for separate proceedings, if requested by the manufacturer or seller, with regard to punitive damages. Lists factors the trier of fact is allowed to consider in determining the amount of punitive damages. Bars any civil action under this title: (1) unless filed within two years after the claimant discovered or should have discovered the harm and its cause, subject to exception; and (2) if the product involved is a capital good that is alleged to have caused harm which is not a toxic harm unless filed within twenty-five years after delivery of the product, provided the claimant has received or would be eligible for State or Federal workers' compensation. Excludes a motor vehicle, vessel, aircraft, or railroad used primarily to transport passengers for hire from these time limitations. States that nothing in these provisions affects the right of any person who is subject to liability under this Act to obtain contribution or indemnity from any other person who is responsible for the harm. Requires reduction in the damages awarded by the sum of all State or Federal workers' compensation benefits to which the employee is or would be entitled. Requires a claimant in a civil action under this title who is or may be eligible to receive State or Federal workers' compensation to notify the claimant's employer of the civil action. Requires an action to be stayed, at the sole discretion of the claimant, until a final determination is made on the amount payable as workers' compensation benefits. Declares that, unless the manufacturer or seller has expressly agreed to indemnify or hold an employer harmless, neither the employer nor the workers' compensation insurance carrier shall have a right of subrogation, contribution, or implied indemnity against the manufacturer or seller or a lien against the claimant's recovery, except if the claimant's harm was not in any way caused by the fault of the claimant's employer or co-employees. Allows the employer or workers' compensation insurer to intervene in the action to prove that fact. Prohibits a third party tortfeasor, where workers' compensation is involved, from maintaining any action for implied indemnity or contribution against the employer, any coemployee, or the exclusive representative of the injured person. Prohibits, for a person who is or would have been entitled to receive workers' compensation, any other action, unless a State or Federal workers' compensation law permits recovery based on a claim of an intentional tort. Makes these provisions inapplicable and declares that applicable State law shall control if the employer or the workers' compensation insurer asserts a right of subrogation, contribution, or implied indemnity against the manufacturer or seller or a lien against the claimant's recovery. Declares that, in any product liability action, the liability of each defendant for noneconomic damages shall be several and not joint. Requires the trier of fact to determine the proportion of responsibility of each party for the claimant's harm. Establishes a complete defense, in any civil action under this Act in which all defendants are manufacturers or sellers, that the claimant was under the influence of alcohol or any drug and that, as a result, the claimant was more than 50 percent responsible for the event which resulted in the harm. Defines "drug" to mean any non-over-the-counter drug which has not been prescribed by a physician.
United States · United States Congress · 13 March 1991
Federal Deposit Insurance Improvements Act of 1991 - Title I: Amendments to Federal Banking Acts - Subtitle A: Improvements - Federal Banking Agency Improvements Act of 1991 - Amends the Federal Deposit Insurance Act to specify the length of interim appointments to the Federal Deposit Insurance Corporation (FDIC) Board of Directors. Revises conversion authority to authorize the FDIC to approve conversion transactions that affect insubstantial portions of the total deposits of each depository institution acquired as part of the conversion transaction. Repeals the requirement that the FDIC notify other regulators 30 days before suspending deposit insurance in certain emergencies. Grants priority (with certain exceptions) to claims brought by the FDIC against an insured depository institution or its personnel in any proceeding relating to other claims against such an institution or its officers or employees. Repeals the exemption granted to certain State-chartered savings associations with respect to compliance with regulations of the Director of the Office of Thrift Supervision relating to subsidiaries. Mandates that any depository institution (currently, any savings association) whose deposits are not FDIC-insured conspicuously state that its deposits are "not federally insured." Amends the Federal Home Loan Bank Act to direct the Resolution Trust Corporation (RTC) to repeal: (1) the prohibition against selling property in certain distressed areas for less than 95 percent of its market value; (2) the requirement to sell certain residential property to low-income buyers, at below market value prices; and (3) the provision for a "net realizable market value" below market value. Imposes criminal penalties upon certain institution-affiliated parties prohibited from participating in the affairs of depository institutions if such parties knowingly participate in any manner in the affairs of: (1) any appropriate Federal depository institution regulatory agency; or (2) the Federal Housing Finance Board and any Federal Home Loan Bank. Amends Federal banking law to authorize the Comptroller of the Currency, without notice or prior hearing, to appoint a receiver to take possession and control of a national bank if it is in an unsafe or unsound condition, including having substantially insufficient capital. (Currently, the Comptroller may appoint a receiver only if the bank is insolvent or has violated the National Bank Act.) Subtitle B: Asset Conservation and Deposit Insurance Protection - Asset Conservation and Deposit Insurance Protection Act of 1991 - Amends the Federal Deposit Insurance Act to limit the liability of an insured depository institution or mortgage lender with respect to Federal law imposing strict liability for the release (or threatened release) of a hazardous substance from property: (1) acquired through foreclosure; (2) held in a fiduciary capacity; or (3) held by a lessor or subject to financial control or oversight pursuant to the terms of a credit extension. Denies such limitation on liability to persons that caused or contributed to a release or failed to take reasonable steps to prevent a continued release. Grants immunity from such strict liability to: (1) Federal banking and lending agencies; and (2) the first subsequent purchaser of property from such Federal entities (except in certain circumstances). Exempts Federal banking and lending agencies from any law requiring them to grant convenants warranting remedial action. Mandates that appropriate Federal financial institutions, regulatory agencies and the Secretary of Housing and Urban Development issue regulations requiring insured depository institutions and mortgage lenders, respectively, to develop and implement procedures to evaluate actual and potential environmental risks that may arise from property prior to making an extension of credit secured by such property. Subtitle C: Amendments to Public Law 96-510 - Amends the Comprehensive Environmental Responses, Compensation, and Liability Act of 1980 with respect to parity of treatment for: (1) the States and Federal Government with respect to property acquired involuntarily; and (2) emergency response actions of a Federal banking or lending agency. Title II: Clarifying Amendments to the Federal Deposit Insurance Act - Prohibits an insured depository institution from indemnifying its personnel (or other institution-related persons) for costs related to actions brought successfully by a Federal banking agency against such institution-related persons. Grants the FDIC the same powers and rights over the assets and liabilities of the FSLIC Resolution Fund as it has over other jurisdictional matters under the Federal Deposit Insurance Act. Declares the FDIC to be the successor receiver or conservator to FSLIC wards. States that if a consolidation or acquisition involves a savings association eligible for assistance and a bank (or bank holding company), the resulting entity (currently, the savings association) may retain and operate any existing branch or facilities. Amends the Federal Home Loan Bank Act to provide that upon the filing of a pleading informing the court that the RTC has been appointed conservator or receiver for a party, the RTC shall be deemed substituted in any legal proceeding involving that party. Title III: Technical Amendments to the Federal Deposit Insurance Act - Makes clerical amendments to the Federal Deposit Insurance Act.
United States · United States Congress · 13 March 1991
Comprehensive Violent Crime Control Act of 1991 - Title I: Death Penalty - Capital Punishment Procedures Act of 1991 - Amends the Federal criminal code to establish criteria for the imposition of the death penalty for Federal crimes. Requires the Government, for any offense punishable by death, to serve notice upon the defendant a reasonable time before trial or acceptance of a plea, that it intends to seek the death penalty and the aggravating factors upon which it will rely. Requires a separate sentencing hearing before a jury, or the court upon motion by the defendant, when the defendant is found guilty or pleads guilty to an offense punishable by death. Allows the defendant and the Government to present any information relevant to sentencing, without regard to the rules of evidence, but permits evidence to be excluded where its probative value is substantially outweighed by the danger of creating unfair prejudice, confusing the issues, or misleading the jury. Specifies mitigating factors which the defendant must establish by a preponderance of the information and aggravating factors which the Government must prove beyond a reasonable doubt. Sets forth special aggravating factors for: (1) espionage, treason, homicide, the attempted murder of the President; and (2) drug offenses punishable by the death penalty (such factors include previous serious drug felony convictions, use of a firearm in committing or furthering certain continuing criminal enterprises, use of minors in trafficking, and lethal adulteration of controlled substances). Directs the court, or the jury by unanimous vote, to impose the death penalty upon a finding of at least one aggravating and no mitigating factor, or one or more aggravating factors which outweigh any mitigating factors. States that no person who was under 18 years of age at the time of the offense may be sentenced to death. Requires the court to instruct the jury not to consider the race, color, religion, national origin, or sex of the defendant or victim in its consideration of the sentence. Establishes procedures for appeal from a death sentence. Requires the court of appeals, upon consideration of the record and the information and procedures of the sentencing hearing, to affirm the decision if: (1) the sentence was not imposed under the influence of passion, prejudice, or any other arbitrary factor; (2) the information supports the finding of aggravating factors; and (3) the proceedings did not involve any other prejudicial error requiring reversal of the sentence that was properly preserved for and raised on appeal. Requires the court to provide a written explanation of its determination. Sets forth procedures for the implementation of the sentence of death. Limits the circumstances under which the offense of delivering defense information to aid foreign governments is punishable by death. Provides for the imposition of the death penalty for: (1) murder committed by prisoners in Federal prisons; (2) kidnappings which result in the death of any person; (3) hostage takings which result in the death of any person; (4) attempting to kill the President of the United States (if such attempt results in bodily injury or comes dangerously close to causing the President's death); (5) murder for hire; (6) murder in the aid of a racketeering activity; (7) international terrorism (where the killing is a first-degree murder); (8) engaging in a criminal enterprise activity which results in death; (9) specified violations of the Controlled Substances Act, the Controlled Substances Import and Export Act, and the Maritime Drug Law Enforcement Act; and (10) genocide. Increases the minimum sentence to life imprisonment for the crime of bank robbery which results in death. Provides for appointment of counsel in Federal cases where a defendant is charged with a crime with respect to which a sentence of death is sought and is or becomes financially unable to obtain adequate representation. Sets forth additional provisions with respect to: (1) representation before and after review of judgement; (2) standards for competence of counsel; and (3) claims of ineffectiveness of counsel. Sets forth provisions with respect to: (1) deadlines for collateral attacks on judgements imposing a sentence of death; and (2) stays of execution. Title II: Habeas Corpus Reform - Subtitle A: General Habeas Corpus Reform - Habeas Corpus Reform Act of 1991 - Amends the Federal judicial code to establish a one-year statute of limitations for habeas corpus actions brought by State prisoners. Vests authority to issue certificates for probable cause for appeal of habeas corpus orders exclusively in the courts of appeals. Permits denial on the merits of habeas corpus writs notwithstanding the failure to exhaust State remedies. Prohibits the granting of a habeas corpus with respect to any claim which has been fully and fairly adjudicated in State proceedings. Sets forth provisions with respect to the appointment of counsel. Subtitle B: Death Penalty Litigation Procedures - Death Penalty Litigation Procedures Act of 1991 - Amends the Federal judicial code to set forth special habeas corpus procedures in capital cases. Applies such procedures to Federal habeas corpus cases brought by prisoners in State custody who are subject to a capital sentence. Makes the applicability of such procedures contingent upon a State establishing a mechanism for the appointment, compensation, and payment of reasonable litigation expenses of competent counsel in State post-conviction proceedings brought by indigent prisoners whose capital convictions and sentences have been upheld on direct appeal to the court of last resort in the State or have otherwise become final for State law purposes. States that the rule of court on statutes establishing such mechanism must provide standards of competency for the appointment of such counsel. Directs that any such mechanism must offer counsel to all State prisoners under capital sentence and must provide for the entry of an order by a court of record: (1) appointing counsel to represent the prisoner upon a specified finding; (2) finding that the prisoner has rejected the offer of counsel and made the decision with an understanding of its legal consequences; or (3) denying the appointment of counsel upon a finding that the prisoner is not indigent. Provides for a mandatory stay of execution during the post-conviction review initiated pursuant to this Act. Details conditions which will cause such stay to expire. Prohibits a Federal court, if one of such conditions has occurred, from entering a stay of execution or granting relief in a capital case unless: (1) the basis for the stay and request for relief is a claim not previously presented in the State or Federal courts; (2) the failure to raise the claim was the result of State action in violation of the Constitution or laws of the United States, was the result of a recognition by the Supreme Court of a new Federal right that is retroactively applicable, or is due to the fact that the claim is based on facts that could not have been discovered through the exercise of reasonable diligence in time to present the claim for State or Federal post-conviction review; and (3) the facts underlying the claim would be sufficient, if proven, to undermine the court's confidence in the jury's determination of guilt on the offense for which the death penalty was imposed. Imposes time limits on filing for habeas corpus relief. Requires such time limits to be tolled under specified conditions. Requires the district court, upon the development of a complete evidentiary record, to rule on the merits of the claims properly before it. Makes the requirement for a certificate of probable cause inapplicable, with exceptions, where: (1) a second or successive petition is filed; and (2) certain requirements under a unitary review procedure (i.e., a State procedure that authorizes a person under sentence of death to raise, in the course of direct review of judgment, such claims as could be raised on collateral attack) are met. Sets forth time limits for determining petitions. Specifies that the adjudication of petitions or motions involving habeas corpus in capital cases shall be granted priority by the district court and court of appeals over all noncapital matters. Title III: Exclusionary Rule - Amends the Federal criminal code to bar the exclusion of evidence obtained as a result of a search or seizure carried out under circumstances justifying an objectively reasonable belief that it was in conformity with the fourth amendment. Specifies that: (1) Federal law does not require the exclusion of evidence in a proceeding in any court under circumstances in which the evidence would be admissible in a proceeding in a Federal court pursuant to this title; and (2) firearms seized by Federal law enforcement officers for use as evidence against a defendant who is being prosecuted for a crime of violence or serious drug offense, or who is ineligible to possess such firearm under the Federal criminal code, shall not be excluded in U.S. court proceedings on the ground that the search or seizure was in violation of the fourth amendment. Directs the Attorney General to promulgate rules and regulations relating to compliance by law enforcement officers of the Department of Justice with the fourth amendment, including: (1) the training of such officers in the law of search and seizure; (2) procedures and standards of conduct to be observed in carrying out searches and seizures; (3) procedures for reporting and investigating incidents involving possible violations of legal or administrative requirements relating to searches and seizures; (4) sanctions to be imposed when such violations are determined to have occurred; and (5) standards and procedures for settling claims for damages by victims of unlawful searches and seizures. Authorizes the head of any other Federal department or agency to promulgate rules and regulations relating to compliance with the fourth amendment by law enforcement officers of such department or agency. Directs the Attorney General, and any other Federal department or agency head that promulgates such rules or regulations, to: (1) establish a review board to consider all allegations of fourth amendment violations by law enforcement officers of such department or agency and to recommend or impose appropriate sanctions in cases where violations are determined to have occurred; and (2) report annually to the Congress concerning allegations and claims relating to search and seizure violations by law enforcement officers of such department or agency, the actions taken on such allegations and claims, and the bases for such actions. Authorizes charging such a review board with recommending the settlement of claims for damages by victims of unlawful searches and seizures. Specifies that evidence shall not be excluded on the ground that it was obtained in violation of a statute, an administrative rule or regulation, or a rule of procedure unless exclusion is expressly authorized by statute or by a rule prescribed by the Supreme Court pursuant to statutory authority. Title IV: Firearms - Subtitle A: Firearms and Related Amendments - Amends the Federal criminal code to prohibit the transfer of firearms to non-residents of the State in which the transferor resides. Specifies that if a conviction was for a violent felony involving the threatened or actual use of a firearm or explosives, or was for a serious drug offense, such person shall be considered convicted for purposes of this Act irrespective of any pardon, setting aside, expunction, or restoration of civil rights. Permits the judicial officer to consider pretrial detention with respect to certain firearms and explosives offenses. Provides for enhanced penalties for: (1) the use of a semiautomatic firearm during a crime of violence or drug trafficking offense, with exceptions; and (2) possession of a firearm or explosive during the commission of such offenses. Sets forth penalties for smuggling firearms in aid of drug trafficking and for theft of firearms and explosives. Provides for the mandatory revocation of the supervised release of an individual for possession of a firearm. Increases penalties for: (1) making knowingly false, material statements in connection with the acquisition of a firearm from a licensed dealer; and (2) a second offense of using an explosive to commit a Federal felony. Amends the Internal Revenue Code of 1986 to: (1) change from six to five years the statute of limitations for certain firearms offenses; and (2) provide for the summary forfeiture of unregistered National Firearms Act weapons, with provision for reimbursement for innocent owners. Makes it unlawful for felons and others to possess explosives. Authorizes the summary destruction of explosives subject to forfeiture under specified circumstances. Sets forth requirements for reimbursement of the value of destroyed property. Makes it unlawful to knowingly possess stolen firearms, ammunition, or explosives. Adds using a firearm in the commission of counterfeiting or forgery (current law specifies only "whoever, during and in relation to any crime of violence or drug trafficking crime") among offenses which, if the offender uses or carries a firearm, will subject such person to an enhanced sentence. Provides for a mandatory five year penalty for firearms possession by violent felons and serious drug offenders. Modifies provisions regarding the reporting of multiple firearms sales to: (1) cover sales during any 30 consecutive days (currently, during any five consecutive business days); and (2) require each licensee to forward a copy of the report to the chief law enforcement officer of the place of residence of the unlicensed person not later than the close of business on the date that the multiple sale or disposition occurs. Subjects individuals who conspire to commit a firearms or explosives offense to the same penalties as those prescribed for the underlying offense. Provides for a fine or up to ten years imprisonment, or both, for stealing a firearm or explosive from specified individuals, such as a licensed importer, manufacturer, or dealer. Makes it unlawful for any person (current law specifies licensee) to distribute explosive materials to specified classes of individuals. Subtitle B: Prohibited Gun Clips and Magazines - Includes ammunition feeding devices (AFDs) within the definition of firearms for purposes of Federal firearms laws. Defines an AFD to include any detachable magazine, feed strip, or similar device which has a capacity of, or which can be readily converted to accept, more than 15 rounds of ammunition, with exceptions. Prohibits the importation, manufacture, transfer, receipt, or possession of AFDs, with exceptions. Requires the Secretary of the Treasury to maintain a central registry of all such devices transferred after the effective date of this Act which, after such transfer, are not under the control of the United States or any State or political subdivision. Specifies that such registry shall include: (1) identification of the device; (2) date of registration; (3) identification and address of the person entitled to possess the device; and (4) such other information as may be required by regulations promulgated by the Secretary. Establishes additional registration procedures. Requires all AFDs to be identified by a serial number and such other identification as the Secretary may prescribe. Provides for criminal penalties for violation of provisions of this Act relative to AFDs. Authorizes specified individuals engaged in the manufacture or importation of AFDs requiring a license to continue to engage in such business pending final action on the application. Title V: Obstruction of Justice - Increases penalties for obstruction of justice offenses against court officers and jurors and for retaliatory killings of witnesses, victims, and informants. Includes State and local law enforcement officers assisting Federal officers or employees in the performance of their official duties within the scope of provisions setting penalties for individuals who kill or attempt to kill any U.S. judge, U.S. Attorney, or specified other classes of individuals. Title VI: Gangs and Juvenile Offenders - Requires that juveniles found guilty of specified serious crimes be fingerprinted and photographed and that such information and records of the adjudication be sent to the Federal Bureau of Investigation. Authorizes reporting, retention, disclosure, and availability of juvenile records permitted under the law of the State in which a Federal juvenile proceeding takes place. Repeals provisions that authorize prejudgement probation for certain drug offenders convicted of possession of a controlled substance and require expungement of records for such offenders under 21 years of age at the time of the offense. Adds certain cocaine and drug conspiracy and attempt offenses committed by juveniles to the list of crimes authorizing prosecution as an adult if the Attorney General certifies that there is a substantial Federal interest in the case that justifies adult prosecution. Sets forth criteria for determining whether a juvenile should be prosecuted as an adult. Defines "serious drug offense" under the Federal criminal code to include any act of juvenile delinquency that if committed by an adult would be a serious drug offense under such provisions. Increases the penalty for: (1) interstate and foreign travel or transportation in aid of racketeering enterprises; and (2) conspiracy to commit murder for hire. Title VII: Terrorism - Subtitle A: Aviation Terrorism - Amends the Federal criminal code to set forth penalties for performing or attempting an act of violence against a person at an airport serving international civil aviation which causes or is likely to cause serious injury or death; destroying or seriously damaging the facilities of, or a civil aircraft not in service at, such airport, or disrupting the services of such airport, if such an act endangers or is likely to endanger safety. Amends the Federal Aviation Act to delete a limitation on the applicability of aircraft piracy provisions to situations where the place of takeoff or of actual landing of the aircraft on board which the offense is committed is situated outside the territory of the State of registration of such aircraft. Subtitle B: Maritime Terrorism - Act for the Prevention and Punishment of Violence Against Maritime Navigation and Fixed Platforms - Amends the Federal criminal code to establish penalties for acts of violence against maritime navigation, such as seizing control of a ship by force, threat, or intimidation, performing acts of violence against persons on board a ship that are likely to endanger safe navigation, and destroying or seriously damaging maritime navigational facilities that are likely to endanger safe navigation. Sets forth analogous provisions with respect to maritime fixed platforms. Declares that all the territorial sea of the United States, as defined by Presidential Proclamation 5928 of December 27, 1988: (1) is part of the United States, subject to its sovereignty; and (2) for purposes of Federal criminal jurisdiction, is within the special maritime and territorial jurisdiction of the United States. Sets forth additional provisions with respect to U.S. jurisdiction over the territorial sea and over crimes against U.S. nationals on foreign vessels. Subtitle C: Terrorist Alien Removal - Terrorist Alien Removal Act of 1991 - Amends the Immigration and Nationality Act to make terrorist activity (as defined by this Act) grounds for deportation. Establishes removal procedures for alien terrorists, including a special removal hearing which shall be open to the public. Sets forth provisions with respect to: (1) the introduction of evidence, including a provision restricting the public from being fully informed of such evidence or its source unless the Department of Justice elects to introduce such evidence in open session; (2) the burden of proof; and (3) appeals. Specifies that an alien subject to removal under provisions of this title shall have no right of discovery of information derived from electronic surveillance authorized under the Foreign Intelligence Surveillance Act or otherwise for national security purposes, nor shall such alien have the right to seek suppression of such evidence. Authorizes the Government to use, in the removal proceeding, the fruits of electronic surveillance authorized under such Act. Specifies that no order of removal shall be stayed pending disposition of a writ of certiorari except as provided by the Court of Appeals or a Justice of the Supreme Court. Directs the Chief Justice of the United States to: (1) designate five district court judges from five of the U.S. judicial circuits, to serve five-year terms, who shall constitute a court with jurisdiction to conduct all matters and proceedings authorized under this title; and (2) provide for the maintenance of appropriate security measures for applications for ex parte orders to conduct the special removal hearing, the orders themselves, evidence received in camera and ex parte, and other matters as necessary to protect information concerning matters before the court from harming the national security of the United States, adversely affecting foreign relations, revealing investigative techniques, or disclosing confidential sources of information. Sets forth provisions with respect to the retention of an alien in custody (including affording a reasonable opportunity for such alien to communicate with and receive visits from family members, to communicate with an attorney, and to contract an appropriate diplomatic or consular official of the alien's country), the deportation of such alien to the alien's or a third country, and the transfer of such alien to the custody of State authorities, as appropriate. Amends the Immigration and Nationality Act to: (1) grant exclusive jurisdiction to the U.S. Court of Appeals for the Federal Circuit to review excludability orders; (2) provide for a ten year prison sentence, to run concurrently with any other sentence, and a fine, for entering (or attempting to enter) the United States subsequent to exclusion or removal; and (3) delete a provision authorizing an alien held in custody pursuant to a deportation order to obtain judicial review by habeas corpus proceedings. Subtitle D: Terrorism Offenses and Sanctions - Establishes criminal penalties for: (1) committing, or attempting to commit, torture outside the United States (with jurisdiction over the prohibited activity if the alleged offender is a U.S. national or is present in the United States, irrespective of the nationality of the victim or the alleged offender); (2) using weapons of mass destruction against a U.S. national outside of the United States, any person within the United States, or any property that is owned, leased, or used by the United States or any U.S. department or agency; (3) committing certain homicides and attempted homicides involving firearms in Federal facilities; and (4) providing material support to terrorists. Makes specified terrorist offenses predicates to a violation of the Racketeer Influenced and Corrupt Organization statute. Authorizes the civil and criminal forfeiture of property used to commit specified terrorist and violent acts. Provides for enhanced penalties for specified offenses, such as fraud and misuse of visas, permits, and other entry documents. Directs the U.S. Sentencing Commission to amend its sentencing guidelines to provide an increase of not less than three levels in the base offense level for any felony that involves or is intended to promote international terrorism, with exceptions. Subtitle E: Antiterrorism Enforcement Provisions - Authorizes the Attorney General to award permanent residence or other status to an alien and his immediate family who is already present in the United States under specified circumstances, such as where necessary to protect the life of an individual who has cooperated with Federal law enforcement authorities, subject to certain numerical limitations. Amends the Alien Enemies Act to authorize the President, whenever invoking the authority contained in such Act as to aliens of a hostile nation or government and upon further determining that the United States may also be subject to actual, attempted, or threatened predatory incursions by aliens of other nations, to include within the terms of such Act (which provides for the apprehension, restraint, and removal of alien enemies) any or all other aliens within the United States as the President may designate. Authorizes the Director of the Federal Bureau of Investigation (FBI) to obtain (after submitting a written request) from a wire or electronic communications service provider subscriber information regarding a person or entity which is relevant to an authorized foreign counterintelligence investigation, where information available to the FBI indicates that there is reason to believe that communications facilities registered in the name of such person or entity have been used, through the services of such provider, in communication with a foreign agent or power. Establishes penalties for the disclosure by such a provider, or an officer, employee, or agent of such provider, that the FBI has sought or obtained access to such information. Amends the Consumer Credit Protection Act to require a consumer reporting agency to furnish a consumer report or other information requested in connection with an authorized foreign counterintelligence investigation to the FBI under specified conditions. Makes it a misdemeanor for such agency, or an officer, employee, or agent of such institution, to disclose to any person that the FBI has sought or obtained a consumer report or identifying information respecting any consumer. Authorizes: (1) interceptions of communications (subject to approval by the appropriate Federal judge) under specified Federal provisions, such as where such interception may provide evidence related to terrorist acts abroad, use of weapons of mass destruction, and violence at airports; (2) participation of foreign and State government personnel in interceptions; and (3) disclosure of intercepted communications, under specified circumstances, to foreign law enforcement officials. Extends the statute of limitations for specified terrorism offenses. Title VIII: Sexual Violence and Child Abuse - Amends the Federal Rules of Evidence to allow evidence of similar offenses in criminal or civil sexual assault and child molestation cases. Amends the Controlled Substances Act to provide for increased penalties for distribution of a controlled substance to a woman while she is pregnant. Amends Federal criminal code provisions relating to sexual abuse to double the maximum imprisonment for violation of such provisions after a prior conviction under Federal or State law for such an offense. Adds to such provisions a special definition of "sexual act" applicable to individuals under the age of 16. Authorizes the court to order the payment of restitution for victims of sex offenses. Amends the Federal criminal code to require that a person charged with an offense under provisions relating to sexual abuse be tested for the human immunodeficiency virus: (1) before release pending trial; and (2) six months and twelve months after the initial test. Requires results to be provided to the judicial officer or court and disclosed only to the victim, the attorney for the Government, and the person tested. Requires the U.S. Sentencing Commission to enhance the sentence guidelines if the offender had reason to know that he was infected, except where the offender did not engage or attempt to engage in conduct creating a risk of transmission. Amends the Victims' Rights and Restitution Act of 1990 to require a Governmental department or agency to pay for up to two tests for a sexual assault victim in the twelve months following the assault. Title IX: Drug Testing - Requires: (1) the Director of the Administrative Office of the U.S. Courts to establish a program of drug testing of criminal defendants on post-conviction release; and (2) the chief probation officer in each district to arrange for the drug testing of such defendants. Requires, as an explicit condition of probation, parole, or supervised release of a defendant involving a felony or a specified violent or drug offense, that the defendant refrain from any unlawful use of a controlled substance and submit to periodic drug tests. Sets limitations on the authority to require such tests and to take action against a defendant based on test results. Requires the revocation of probation, supervised release, or parole if a prisoner unlawfully uses a controlled substance or refuses to cooperate in drug testing imposed as a condition of such probation, supervised release, or parole. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to condition State eligibility for justice system improvement grants on State implementation of a drug testing program for targeted classes of persons subject to charges, confinement, or supervision in the criminal justice systems of such State. Specifies that: (1) such program must meet criteria specified by the Attorney General; and (2) no State shall be required to expend an amount for drug testing in excess of ten percent of the minimum amount which such State is eligible to receive under such Act. Directs the Attorney General to promulgate regulations to implement such requirements which: (1) incorporate scientific and technical standards determined by the Secretary of Health and Human Services to ensure reliability and accuracy of drug test results; and (2) include such other guidelines for drug testing programs in State criminal justice systems as the Attorney General determines are appropriate, as well as provisions by which a State may apply for a waiver of such requirements on the grounds that compliance would impose excessive financial or other burdens on such State or would otherwise be impractical or contrary to State policy. Title X: Equal Justice Act - Equal Justice Act - Requires that: (1) the death penalty and all other penalties be administered by the United States and by every State without regard to the race or color of the defendant or victim; and (2) neither the United States nor any State prescribe any racial quota or statistical test for the imposition or execution of the death penalty or any other penalty. Directs that, in a criminal trial in any Federal or State court, on motion of the defense attorney or prosecutor: (1) the risk of racial prejudice or bias be examined on voir dire if there is a substantial likelihood in the circumstances of the case that such prejudice or bias will affect the jury either against or in favor of the defendant; and (2) a change of venue be granted if an impartial jury cannot be obtained in the original venue because of racial prejudice or bias. Bars the prosecutor or the defense attorney from making any appeal to racial prejudice or bias in statements before the jury. Requires: (1) the judge in a Federal capital case before a jury to instruct the jury not to be influenced by prejudice or bias relating to the race or color of the defendant or victim in considering whether a sentence of death is justified, and that the jury is not to recommend the imposition of such sentence unless it has concluded that it would recommend the same sentence for such crime regardless of the race or color of the defendant or victim; and (2) the jury, upon the return of a recommendation of a sentence of death, to also return a certificate, signed by each juror, that the juror's individual decision was not affected by prejudice or bias relating to the race or color of the defendant or victim and that the individual juror would have made the same recommendation regardless of the race or color of the defendant or victim. Makes the fact that the killing of a victim was motivated by racial prejudice or bias an aggravating factor whose existence permits consideration of the death penalty, in a prosecution for an offense against the United States for which a sentence of death is authorized. Authorizes imposition of the death penalty for violation of specified civil rights provisions, if death results. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize drug control and system improvement grants to States to provide in all appropriate cases, particularly in collateral and other post-conviction proceedings, adequate resources and expertise to ensure that the death penalty is expeditiously carried out. Amends specified civil rights provisions to cover conspiracy against rights, and deprivation of rights under color of law, of any person (currently, inhabitant of) a State, territory, or district. Title XI: Victims' Rights - Authorizes the court: (1) to require the defendant to reimburse the victim for necessary child care, transportation, and other expenses related to participation in the investigation or prosecution of, or attendance or proceedings related to, the offense; and (2) if the defendant is delinquent in making restitution pursuant to an established payment schedule, after a hearing, to suspend the defendant's eligibility for all Federal benefits until such time as the defendant demonstrates to the court good-faith efforts to return to such schedule. Amends the Federal Rules of Criminal Procedure to authorize the court: (1) before imposing sentence for a crime of violence or sexual abuse, to address the victim personally if the victim is present at the sentencing hearing and determine if the victim wishes to make a statement and present any information in relation to the sentence; and (2) upon a motion that is filed jointly by the defendant and the attorney for the Government, to hear in camera such a statement by the victim.
United States · United States Congress · 13 March 1991
Economic Growth and Venture Capital Act of 1991 - Amends the Internal Revenue Code to reduce the individual and corporate capital gains rate from 34 percent to 15 percent. Reduces such tax to 7.5 percent for low- and middle-income taxpayers. Requires indexing, based on the gross national product deflator, of the adjusted basis of certain assets (corporate stock and tangible property that is a capital asset of property used in a trade or business) that have been held for more than one year at the time of sale or other disposition, solely for the purpose of determining gain or loss. Provides for indexing the limitation on capital losses of noncorporate taxpayers.
United States · United States Congress · 13 March 1991
Prohibits the President from lifting U.S. economic sanctions against Saddam Hussein's regime in Iraq and directs the President to make every effort to ensure that the multinational coalition maintains the full range of economic sanctions, until such regime has released all prisoners of war and has accounted as fully as possible for all those missing in action, including Kuwaitis captured during the Iraqi occupation.
United States · United States Congress · 12 March 1991
Civil Rights Act of 1991 - Amends the Civil Rights Act of 1964 to provide for the burden of proof which the complaining party and the respondent must meet in certain situations relating to unlawful employment practices based on disparate impact. Declares that, for determining whether a litigated or consent judgment or order resolving a claim of employment discrimination binds only the individuals who were parties to the judgment or order, the Federal Rules of Civil Procedure shall apply in the same manner as to other civil actions. Amends Federal law to declare that: (1) for purposes of provisions relating to equal rights under the law, the right to make and enforce contracts includes the making, performance, modification, and termination of contracts, and the enjoyment of all benefits, privileges, terms, and conditions of the contract; and (2) the rights protected by the amended provisions are protected against impairment by non-governmental discrimination as well as against impairment under color of State law. Amends the Civil Rights Act of 1964 to declare that an alleged unlawful employment practice occurs, with regard to a seniority system, when: (1) the system is adopted; (2) an individual becomes subject to the system; or (3) a person is injured by application of the system or provision, adopted for an intentionally discriminatory purpose, whether or not the discriminatory purpose is apparent on the face of the provision. Makes it an unlawful employment practice to harass an employee or applicant because of race, color, religion, sex, or national origin, provided the complaining party failed to use the employer's procedure for resolving harassment complaints. Provides for temporary or preliminary relief and for monetary awards to a specified maximum amount. Delays the deadline for filing charges for a limited period while an employee uses the employer's harassment resolution system. Allows expert's fees to be included in attorney's fees awarded to the prevailing party in an employment discrimination case. Extends the time limit for an aggrieved employee or employment applicant to file a civil action after notice of final action by a department, agency, or unit of the Federal Government. Requires the same interest to compensate for delay in payment by the Government as in cases involving non-public parties. Replaces, in provisions prohibiting employment discrimination by the Federal Government, a reference to the legislative branch with a reference to the Congress, or its Houses, committees, offices or instrumentalities, or the offices of any of its Members. Gives, with respect to such entities, the authorities of the Equal Employment Opportunity Commission to each House of Congress, or to the Congress as a whole. Encourages, when knowingly and voluntarily agreed to by the parties, reasonable alternative means of dispute resolution in place of the judicial resolution of disputes under this Act and the Acts amended by this Act.
United States · United States Congress · 12 March 1991
Savings and Investment Incentive Act of 1991 - Title I: Retirement Savings Incentives - Amends the Internal Revenue Code to remove the limitations on deductions for individual retirement plans and provides a cost of living adjustment for deductible amounts. Establishes special individual retirement accounts that are nondeductible. Makes such accounts nontaxable if earnings on contributions are held for at least five years. Applies the early withdrawal penalty to distributions made before the end of the five year-period. Title II: Penalty-Free Distributions - Provides exemptions from the ten-percent penalty on early withdrawals from individual retirement plans for: (1) first home purchases; (2) higher education expenses; and (2) financially devasting medical expenses.
United States · United States Congress · 12 March 1991
Expresses the sense of the Senate that the 1991 reauthorization of mass transit programs be considered as part of the solution to this country's transportation problems.
United States · United States Congress · 12 March 1991
Requests the Occupational Safety and Health Administration to publish, before the expiration of 102d Congress, proposed amended regulations that specify the components of an adequate operator training program and certification system for operators of powered industrial trucks.
United States · United States Congress · 5 March 1991
Animal Research Facilities Protection Act of 1991 - Amends the Food Security Act of 1985 to make it unlawful for any person to: (1) steal or cause the unauthorized release or intentional loss of any research facility animal; (2) damage, vandalize, or steal any animal research facility property; (3) break into a facility with an intent to destroy, alter, duplicate, or obtain unauthorized possession of records, equipment, or animals; (4) receive, conceal, or retain any converted or stolen material, equipment, or animals from a research facility; or (5) enter or remain in a research facility with the intent to commit an act prohibited by this Act. Imposes a $5,000 fine or one year's imprisonment, or both, for violations of this Act. Prescribes fines of up to $10,000 or up to ten years' imprisonment, or both, for willful and malicious violations causing harm to persons or property. Increases such penalties if a person's life is placed in jeopardy. Provides for a private right of action for any research facility injured in its business or property by a violation of this Act. Directs the Secretary of Agriculture and the Attorney General to: (1) jointly conduct a study on the extent and effects of domestic and international terrorism on facilities in which animals are used for research, food production, exhibition, or pets; and (2) submit a report to certain congressional committees.
United States · United States Congress · 5 March 1991
Authorizes the President to present a gold medal to General Colin Powell in recognition of his exemplary performance in planning and coordinating the U.S. military response to the Iraqi invasion of Kuwait. Authorizes appropriations.
United States · United States Congress · 5 March 1991
Designates April 21 through 27, 1991, and April 19 through 25, 1992, as National Organ and Tissue Donor Awareness Week.
United States · United States Congress · 28 February 1991
Authorizes the President to present a gold medal to General H. Norman Schwarzkopf in recognition of his exemplary performance in coordinating the planning, strategy, and execution of U.S. combat action and his invaluable contributions to the United States and to the liberation of Kuwait. Authorizes appropriations.
United States · United States Congress · 28 February 1991
Designates December 1 through December 7, 1991, and November 29 through December 5, 1992, as National Home Care Week.
United States · United States Congress · 28 February 1991
Designates the week beginning May 19, 1991, as National Police Athletic League Week.
United States · United States Congress · 28 February 1991
Applauds and expresses the appreciation of the Nation to President George Bush, Secretary of Defense Dick Cheney, Armed Forces Chief of Staff Colin Powell, Desert Storm Commander Norman Schwarzkopf, the American forces deployed in the Persian Gulf region, the forces from our coalition partners, and the families of American service men and women participating in Operation Desert Storm. Sends condolences to the families of those killed during such operation. Demands from Saddam Hussein: (1) the immediate release of all prisoners of war held by Iraq; (2) a complete accounting for all American and coalition forces listed as missing in action or otherwise unaccounted for; and (3) the immediate and unconditional release and return of all Kuwaiti citizens held by Iraqi forces. Urges all relevant authorities to seriously examine the issue of possible war crimes by Hussein and other Iraqi military leaders and forces and to hold Iraq responsible in principle for reparations for the destruction caused by the invasion and occupation of Kuwait.
United States · United States Congress · 27 February 1991
Designates the month of November in 1991 and 1992 as National Hospice Month.
United States · United States Congress · 26 February 1991
Amends the National School Lunch Act to remove the requirement that schools participating in the school lunch program offer students specified types of fluid milk (while retaining the requirement that they offer fluid milk).
United States · United States Congress · 22 February 1991
Professional and Amateur Sports Protection Act - Prohibits a State, or any political subdivision, from sponsoring, operating, advertising, authorizing, licensing, or promoting any lottery, sweepstake, or other betting, gambling, or wagering scheme based, directly or indirectly, on any game or games engaged or conducted or scheduled by any professional or amateur sports organization, or on any performance or performances in such games.
United States · United States Congress · 21 February 1991
Authorizes the classification of a named individual as a child within the meaning of the Immigration and Nationality Act.
United States · United States Congress · 21 February 1991
Prohibits the President from lifting U.S. economic sanctions against Saddam Hussein's regime in Iraq and directs the President to make every effort to ensure that the multinational coalition maintains the full range of economic sanctions, until such regime has released all prisoners of war and has accounted as fully as possible for all those missing in action.
United States · United States Congress · 20 February 1991
Designates the week beginning July 21, 1991, as Lyme Disease Awareness Week.
United States · United States Congress · 19 February 1991
Designates September 15 through 21, 1991, as National Rehabilitation Week.
United States · United States Congress · 7 February 1991
Americans with Disabilities Luxury Tax Relief Act - Amends the Internal Revenue Code to exempt from the luxury excise tax parts or accessories installed for use in passenger vehicles by disabled individuals.
United States · United States Congress · 7 February 1991
Amends the Internal Revenue Code to make permanent the tax credit for increasing research activities.
United States · United States Congress · 7 February 1991
National Recreational Trails Fund Act of 1991 - Amends the Internal Revenue Code to establish the National Recreational Trails Trust Fund (Fund). Requires the Secretary of the Treasury to pay into the Fund an amount equivalent to 0.5 percent of total Highway Trust Fund receipts, adjusted triennially to reflect revenues from nonhighway recreational fuel taxes. Requires the Secretary of the Interior to use such amounts in the Fund to make grants to the States for constructing and maintaining recreational trails. Establishes the National Recreational Trails Act Advisory Committee.
United States · United States Congress · 5 February 1991
Amends the Foreign Agents Registration Act of 1938 to declare that a foreign principal shall be considered to control a person in major part if: (1) such principal holds more than 50 percent of equitable ownership in such person; or (2) such principal, subject to rebuttal evidence, holds at least 20 percent but not more than 50 percent of equitable ownership in such person. Requires agents of foreign principals who have filed registration statements to file supplements to such statements with the Attorney General on January 31 and July 31 of each year. Authorizes agents with accounting systems using different fiscal years to petition the Attorney General to permit the filing of statements at the close of the first and seventh month of such fiscal year in lieu of the required dates. Provides that the exemption from the foreign agent registration requirement for individuals providing legal representation for a foreign principal before a U.S. agency shall apply only to representation before the Patent and Trademark Office. Imposes civil penalties upon persons who have: (1) failed to file registration statements; or (2) omitted a material fact or made false statements on registration statements. Authorizes the Attorney General to serve civil investigative demands on persons in control of material relevant to investigations concerning violations of registration requirements.
United States · United States Congress · 5 February 1991
Amends the Fair Labor Standards Act of 1938 to revise its application. Revises minimum wage and maximum hours provisions (as well as provisions for special industry committees for American Samoa) to apply such requirements specifically to employers of employees who in any workweek are engaged in industrial homework and who are either engaged in commerce or in the production of goods in commerce (in addition to any other employees so employed). Revises the scope of the application of requirements relating to wage rate orders for employers in American Samoa, prohibition of sex discrimination in wage rates, and handicapped workers.
United States · United States Congress · 5 February 1991
Defense Production Act Amendments of 1991 - Title I: Amendments to the Defense Production Act of 1950 - Part A: Declaration of Policy - Revises the declaration of policy under the Defense Production Act of 1950 to state that such Act affords the President an array of authorities to shape defense preparedness programs and to take appropriate steps to maintain and enhance the defense industrial and technological base (the defense base). Requires executive agencies and departments responsible for defense acquisition to continuously assess the capability of the defense base to satisfy peacetime requirements as well as increased mobilization production requirements. States that plans and programs to carry out the policy stated above shall duly consider the promotion of efficiency and competition. Expresses certain congressional findings disapproving the growing U.S. dependence on foreign sources for critical components and materials used to manufacture major weapons systems for our national defense. States that it is imperative for the United States to preserve and strengthen its industrial and technological capabilities. Part B: Amendments to Title I of the Defense Production Act - Directs the President, within five years, to review the inventory of weapons systems and defense equipment and to designate as an essential weapons system those items deemed appropriate. Requires the President to identify critical components and critical technology items utilizing information from the Defense Industrial Base Information System (established under this Act). Authorizes the President to limit to domestic procurement those critical components and critical technology items needed to meet national security requirements. Authorizes the President to provide appropriate incentives to develop, maintain, modernize, or expand the productive capacities of domestic sources for critical components, critical technology items, or industrial resources within an industry deemed essential for national security. Authorizes the use of funds provided later under this Act for guaranteeing the purchase or lease of advanced manufacturing equipment. Requires the President to give a preference to small businesses in providing assistance authorized under this Act. Authorizes the President to stockpile appropriate supplies of critical components and critical technology items to meet the needs of the Department of Defense (DOD) and the production needs of firms furnishing essential weapons systems to DOD during peacetime and various stages of graduated mobilization, wherever it is determined that necessary quantities of such items cannot be obtained from domestic sources. Requires biennial reports on activities taken to preserve and revitalize the defense base. States that nothing in this Act shall be interpreted to: (1) provide for the imposition of wage or price controls without prior authorization of such action by joint congressional resolution; or (2) require action or compliance by any private person to assist in the production of, or involvement in, chemical or biological warfare capabilities except in time of war or national emergency. Part C: Amendments to Title III of the Defense Production Act - Expands the existing loan guarantee authority of the President to include providing such authority for the procurement of industrial resources or a critical technology item for the national defense. Increases from $25,000,000 to $50,000,000 the maximum loan guarantee amount that may be made before a specific authorization by law is needed. Makes the same changes for loans made to private business enterprises under such Act. Authorizes the President to provide for purchases or purchase commitments for an industrial resource or a critical technology item for Government use or resale. (Currently, such purchases or purchase commitments are permitted for the purchase of metals, minerals, and other material.) Prohibits the President from executing a contract for purchases or purchase commitments unless: (1) the industrial resource or critical technology is essential to the national defense; (2) U.S. industry cannot reasonably provide such resource or technology in a timely manner; or (3) U.S. national defense demand for the resource or technology is equal to or greater than the output of domestic industrial capability determined to be available for national defense. Increases from $25,000,000 to $50,000,000 the maximum industrial resource shortfall authorized to be reached by the President before a specific authorization by law is required. Waives such requirements, along with requirements concerning loan guarantees and loans to private business enterprises, during periods of national emergency declared by the Congress or the President. Extends the term for purchases or purchase commitments from September 30, 1995, to a date not more than ten years from the date such purchase, commitment, or sale was initially made. Establishes in the Treasury the Defense Production Act Fund to carry out the purposes of title III of such Act. Establishes a maximum Fund balance. Directs the Secretary of the Treasury to designate a Fund manager to manage such Fund and report to the Congress annually on Fund activities. Provides for the determination of liabilities against the Fund. Transfers a specified amount to such Fund from the National Defense Stockpile Transaction Fund. States that it shall be the policy of the U.S. Government that: (1) no agency of the United States shall encourage or commit U.S. firms to any offset arrangement in connection with the sale of defense goods or services to foreign governments; (2) Government funds shall not be used to finance offsets in security assistance transactions except under specified procedures; (3) nothing in this Act shall prevent U.S. agencies from fulfilling obligations incurred through international agreements entered into prior to enactment of this Act; (4) the decision whether to engage in offsets and in negotiating and implementing offset arrangements lies with the companies involved; and (5) any exceptions to such policy shall be approved by the President after receiving the recommendation of the National Security Council. Directs the Secretary of Defense to lead an interagency team to consult with foreign nations on limiting the adverse effects of offsets in defense procurement and to report to specified congressional committees. Requires the Secretary of Commerce (currently, the President) to prepare a report on the impact of offsets on the defense preparedness, industrial competitiveness, employment, and trade of the United States, as required under the Defense Production Act of 1950. Provides that if a U.S. firm enters into a contract for the sale of a weapon system or defense-related item to a foreign country or foreign firm and such contract is subject to an offset agreement exceeding $5,000,000, such firm shall furnish an offset agreement to a designated defense official and information concerning such sale. Provides for the protection of confidential information provided to such defense official. Outlines information to be included in the reports prepared by the Department of Commerce. Requires findings and recommendations contained in such reports to be considered by representatives of the United States during bilateral and multilateral negotiations aimed at minimizing the adverse effects of offsets. Requires the President to issue biennial reports assessing those subsectors of the U.S. economy which have been identified as being critical to the development and production of components required for the production of weapons systems and other items of military equipment and the provision of services essential to the national defense. Outlines matters to be considered in such reports, including capacity and capabilities of domestic sources, the extent of foreign dependencies for items of military material, and reasons for decline in U.S. capabilities to meet peacetime and mobilization requirements. Part D: Amendments to Title VII of the Defense Production Act - Requires small business concerns to be given the maximum practicable opportunity to participate as contractors and subcontractors in all programs to maintain and strengthen the nation's defense base under the Defense Production Act of 1950. Requires representatives of small business concerns to participate in such advisory committees as may be established under such Act, and requires small business concerns to be given access to appropriate information to the maximum extent practicable. Requires the President to allocate a fair share of material authorized under the Act to small business concerns, especially to new concerns or individual firms facing undue hardship. Limits the authority of the President to delegate any power conferred upon him by this Act, including the redelegation of such authority. Permits executives being trained and organized in the National Defense Executive Reserve and participating in voluntary agreements or plans or actions under direction of the President and pursuant to treaty obligations to be given antitrust and breach of contract immunity when undertaking any emergency actions. Exempts such activities from provisions of the Advisory Committee Act. Requires the President to provide for the establishment of an information system on the domestic defense industrial base which includes a systematic and continuously-updated procedure to collect and analyze information necessary to evaluate: (1) the adequacy of domestic industrial capacity and capability in critical components, technologies, and technology items essential to national security; and (2) dependence on foreign sources for industrial parts, components, and technologies essential to defense production. Requires the current defense information network to be incorporated into such information system. Provides sources of, and uses for, such information as collected and analyzed, including review and production-base analysis purposes. Directs the President to require the Secretary of each military department to incorporate in such system a complete analysis of the production base of two major weapons systems of such department. Directs the President to provide for the establishment of, and report to the Congress on, a strategic plan for developing a cost-effective, comprehensive information system capable of identifying vulnerability in critical components, technologies, and technology items. Directs the President to require the Secretaries of Defense and of Commerce, as well as the heads of other appropriate Federal agencies, to consult with one another, provide information assistance and access, and coordinate standards, definitions, and specifications for information on defense production between Federal departments and agencies. Requires the President, upon establishment of the information system, to convene a task force to establish guidelines and procedures to ensure that all Federal departments and agencies which acquire information with respect to the domestic defense industrial base are fully participating in the system. Requires the President to report on the domestic adequacy or inadequacy of critical components, technologies, and technology items needed for the defense industrial base. Authorizes appropriations. Exempts any regulation or order issued under the Defense Production Act of 1950 from the Administrative Procedure Act. Waives certain Federal employment restrictions (conflict-of-interests provisions) in the case of a special Government employee if the President determines and certifies that it is in the public interest to grant the waiver and that the services provided by the employee are critically needed for the benefit of the Government. Limits the Government-wide waivers to 50, with 25 such waivers to be granted only to Department of Energy employees for use in discharging responsibilities with respect to ensuring adequate energy supplies during the Middle East crisis. Requires a designated agency ethics official to prepare a report at the end of the employment of an employee granted such a waiver describing the activities to which the waiver applied. Require such report to be filed with the President and the Director of the Office of Government Ethics. Part E: Technical Amendments - Limits the use of presidential authority to prioritize contracts having a bearing on national defense over other Government contracts or orders. Increases from $1,000 to $10,000 the possible fine for the willful violation of certain information disclosure rules. Revises provisions concerning certain employment appointment procedures in connection with appointments made by the President in order to carry out the provisions of the Defense Production Act. Part F: Repealers and Conforming Amendments - Repeals specified provisions of such Act which: (1) provide for the effective date of a synthetic fuel action sent to the Congress by the President; (2) provide for voluntary agreements and plans of action for international agreements for the international allocation of petroleum products and related information systems; (3) provide for the accrual of interest on remaining funds authorized and appropriated to carry out such Act; (4) establish the Joint Committee on Defense Production; (5) disqualify certain persons for employment under such Act; (6) require a feasibility study of the application of uniform cost accounting standards under defense procurement contracts; and (7) establish the National Commission on Supplies and Shortages. Part G: Reauthorization of Selected Provisions - Authorizes appropriations for FY 1991 through 1993 to carry out the Defense Production Act of 1950. Terminates all authority under the Act as of the end of FY 1993. Title II: Additional Provisions to Improve Industrial Preparedness - Part A: Encouraging Improvement of the Defense Industrial Base - Directs the President to issue a procurement policy providing for the solicitation and award of contracts for critical components or critical technology items where only domestic sources must be eligible for their award or where a specified percentage of domestic participation is required in the total estimated value of the contract. Waives such requirements if the contracting officer determines that such restrictions are likely to have a significant adverse impact on national interests. Requires the Federal Acquisition Regulation (FAR) to be modified to include such contracting requirements for the procurement of critical components or critical technology items. Directs the President to prescribe an acquisition policy which requires that the acquisition plan for any major system or any other acquisition program so designated provides for contract solicitation provisions which encourage competing offerors to acquire modern industrial facilities and production systems for utilization in the performance of the contract as well as other modern equipment to increase productivity of the offerors while reducing the costs of production. Outlines provisions authorized to be included in such contract provisions. Expresses the sense of the Congress that the Secretary of Defense, as part of his study of the defense acquisition process under the Defense Management Review, shall consider: (1) the full allowability of independent research and development bid and proposal costs; and (2) an increase in the progress payment rate on defense contracts. Part B: Miscellaneous - Requires the Code of Federal Regulations to be amended to specify the circumstances under which a contractor who has engaged in an unfair trade practice may be found to lack business integrity or honesty that seriously and directly affects his or her responsibility to perform any Government contract or subcontract. Title III: Amendment to Related Laws - Finds that congressional interest in energy security and the availability of energy for defense mobilization, industrial preparedness, and other purposes of the Defense Production Act has also been expressed in other laws. Directs the President to submit to the Congress biennially the projected capacity and potential prospects for the use of alternative and renewable sources of energy for such purposes. Amends the Geothermal Energy Research, Development, and Demonstration Act of 1974 to extend the period of loan guaranties and interest assistance provided under such Act through FY 1993. Title IV: Fair Trade in Financial Services - Fair Trade in Financial Services Act of 1990 - Amends the International Banking Act of 1978, the Securities Exchange Act of 1934, and the Investment Advisers Act of 1940 to direct the Secretary of the Treasury to: (1) submit biennial status reports to the Congress regarding foreign treatment of certain U.S. business interests; and (2) initiate negotiations with foreign countries to ensure that they offer U.S. banking and bank holding companies, securities brokers and dealers, and investment advisers the same competitive opportunities as are available to their foreign counterparts. Authorizes the Secretary to publish in the Federal Register a determination that a foreign country does not accord national treatment to such U.S. business interests. Authorizes a Federal banking agency, or the Securities and Exchange Commission (SEC), after notice of such determination, to include such determination as a basis for denial of certain foreign trade applications (to conduct banking, securities, or investment advice activities in the United States) from such foreign country in reports required under the Omnibus Trade and Competitiveness Act of 1988. Directs the Secretary to review such determinations annually and rescind determinations, if appropriate. Amends the International Banking Act of 1978 to preclude banking interests from such countries from commencing or conducting business in this country as of the date of the Secretary's determination unless prior approval has been obtained from a Federal banking agency (including, under certain circumstances, a State banking agency). Outlines the factors to be considered by the Secretary and the banking and securities regulatory agencies in their exercise of discretion with respect to existing foreign operations in the United States. Amends the Securities Exchange Act of 1934 and the Investment Advisers Act of 1940 to provide that, subsequent to the Secretary's determination in the Federal Register that a foreign country does not accord national treatment to U.S. securities or investment adviser interests, a person from such foreign country may not acquire control of a registered broker, dealer, or investment adviser unless the SEC has been duly notified and has not prohibited such acquisition. Amends the Omnibus Trade and Competitiveness Act of 1988 to direct the Secretary of the Treasury, together with other appropriate agencies and representatives, to conduct an investigation to determine the extent of interdependence of U.S. financial services sectors and foreign countries whose financial services institutions provide financial services in the United States, or whose persons have substantial ownership interests in U.S. financial institutions, and the economic, strategic, and other consequences of that interdependence for the United States. Directs the Secretary to report the results of this investigation within two years to the President, the Congress, and other specified commissions, departments, and agencies as deemed appropriate by the Secretary. Title V: Effective Dates - Sets forth effective dates for provisions of this Act.
United States · United States Congress · 5 February 1991
National Energy Security Act of 1991 - Title I: Findings and Purposes - Sets forth the energy efficiency and development purposes of this Act. Title II: Definitions - Sets forth definitions used in this Act. Title III: Energy Efficiency - Subtitle A: Industrial, Commercial, and Residential - Amends the Energy Conservation and Production Act (ECPA) to mandate that the construction of new public housing units comply with energy efficiency performance standards. Amends the National Energy Conservation Policy Act (NECPA) to direct the Secretary of Energy (the Secretary) to: (1) promulgate guidelines for State government procedures that would enable the assignment of energy efficiency ratings to residential buildings; (2) establish a technical assistance program for State or local organizations adopting residential energy efficiency rating systems; and (3) undertake joint ventures to encourage commercialization of technologies developed in a research and development program intended to improve energy efficiency and productivity in energy intensive industries and industrial processes. Authorizes appropriations. Requires the Secretary to report triennially to the Congress on energy efficiency policy options that would decrease domestic oil and energy consumption by specified percentages. Amends the Energy Security Act to repeal provisions regarding energy targets. Directs the Secretary to: (1) establish voluntary guidelines for energy efficiency audits of industrial facilities and insulation in such facilities; (2) conduct an education and technical assistance program to promote the use of such guidelines; and (3) report on them annually. Authorizes appropriations. Directs the Secretary to provide financial and technical assistance to support the voluntary development of a national program to establish energy efficiency ratings for windows. Authorizes appropriations. Directs the Administrator of the Energy Information Administration to expand the scope and frequency of certain energy efficiency data and to report on it annually to the Congress. Directs the Secretary of Energy to provide financial and technical assistance to support voluntary development of a national energy efficiency rating program for lamps and luminaries. Directs the Federal Trade Commission to prescribe labeling rules for them. Authorizes appropriations. Amends the Energy Policy and Conservation Act (EPCA) to direct the Secretary to report to the Congress concerning evaluations of: (1) electric lights and utility distribution transformers; and (2) minimum energy efficiency performance standards of electric motors and pumps. Subtitle B: Federal Energy Management - Amends NECPA to prescribe energy management requirements for energy conservation and efficiency in Federal buildings. Directs the Administrator of the General Services Administration: (1) to conduct an analysis of significant energy consuming products in the Federal Supply Schedule; and (2) to develop a method to identify products which offer cost-effective opportunities to reduce energy consumption and costs. Requires the Administrator of the General Services Administration to consider fuel efficiency and cost savings when evaluating bids for the purchase of passenger vehicles and light trucks. Directs the Secretary to report to the Congress on: (1) the funding of Federal energy efficiency projects; and (2) a biennially updated demonstration plan for energy efficiency and renewable energy technologies in Federally-owned facilities. Authorizes appropriations. Subtitle C: Utilities - Amends the Public Utility Regulatory Policies Act of 1978 to permit State-regulated electric utilities to charge rates that will make their investments in energy efficiency and conservation measures as profitable as their investments in new facilities construction. Requires the Secretary to report to the President and the Congress on: (1) the extent to which State-regulated electric utility rates reflect least-cost planning; (2) specified effects of least-cost planning; and (3) the extent to which ratemaking methodologies implementing least-cost planning take into account the impact of such measures upon electric utilities' rate of return on investment. Prescribes guidelines for conservation grants to State regulatory authorities. Authorizes appropriations. Subtitle D: Used Oil Energy Production - Amends EPCA to prescribe market incentive guidelines for the reuse of used oil. Authorizes appropriations. Requires the Secretary to report annually to the Congress on the implementation of the recycled oil program. Subtitle E: Insular Areas Energy Assistance - Sets forth guidelines for Federal financial assistance to Insular area governments for renewable energy and energy efficiency measures to reduce their dependence on imported fuels. Authorizes appropriations. Title IV: Renewable Energy - Subtitle A: CORECT - Amends the EPCA to name a certain interagency working group the Committee on Renewable Energy Commerce and Trade (CORECT). Requires CORECT: (1) to promote the export of United States renewable energy and energy efficiency products and technologies; (2) to promote the development and application in lesser-developed countries of renewable energy and energy efficiency resource technologies; and (3) to provide in-country technical training and financial assistance. Authorizes CORECT to establish renewable energy industry outreach offices in the Pacific Rim and in the Caribbean Basin. Requires the Secretary to report biennially to the Congress on the range of energy efficiency and renewable energy technologies available to meet the energy needs of developing countries. Authorizes appropriations. Subtitle B: Renewable Energy Initiatives - Amends the Renewable Energy and Energy Efficiency Technology Competitiveness Act of 1989 to direct the Secretary to solicit proposals and provide financial assistance for joint ventures with respect to: (1) oil and diesel fuel displacement using specified renewable energy sources; and (2) training individuals from developing countries in the United States in the operation and maintenance of renewable energy equipment and of energy efficiency equipment. Authorizes appropriations. Directs the Secretary to report to certain congressional committees an evaluation of opportunities to minimize waste from processes in the U.S. industries. Subtitle C: Hydropower - Prohibits any State or interstate water pollution control agency from making as a prerequisite to certification any requirements not needed to ensure that discharges resulting from a hydroelectric project will comply with statutory requirements. Amends the Federal Power Act to direct the Federal Power Commission, when issuing a hydroelectric power project licenses, to consider the recommendations of the Secretary under whose supervision the project reservation falls concerning its adequate protection and utilization. Exempts from application of the Federal Power Act any project with a power production capacity of 1500 kilowatts or less. Requires the Secretary to study and report to certain congressional committees on cost-effective opportunities to increase hydropower production at existing federally-owned or operated water regulation, storage, and conveyance facilities. Authorizes appropriations. Title V: Coal Technology and Electricity - Subtitle A: Coal and Coal Technology - Requires the Secretary to: (1) conduct an advanced coal-based technology research and development program aimed at controlling sulfur and nitrogen oxides at greater proficiency levels; (2) periodically report to the Congress on the program's status; (3) conduct a research and development plan with respect to technologies for non-fuel use of coal; and (4) submit to certain congressional committees a plan for the export of U.S. coal. Establishes the Clean Coal Technology Export Coordinating Council (Council) to: (1) expand the export and use of clean coal technologies (especially in lesser developed countries); and (2) develop a comprehensive data base and information dissemination system regarding their potential need and availability. Requires the Secretary to: (1) report to certain congressional committees regarding the status of technologies for combining coal with other materials; and (2) conduct a research, development, and demonstration program for utilizing "ultra-clean coal-water slurry" in diesel locomotive engines. Authorizes appropriations. Directs the Secretary to: (1) establish a data base containing all transportation rates for specified modes of transporting domestic coal for a certain period; (2) study the rates and distribution patterns of domestic coal to determine the impact of Federal policies upon such patterns; and (3) report the data base and study results to the Congress. Subtitle B: Electricity - Declares that for purposes of the Clean Air Act certain physical or operational changes to an electric utility steam generating unit undertaken for purposes of pollution control shall not be treated as a modification if the change does not increase the potential emission of the specific regulated pollutant above the pre-existing potential. Sets conditions for finding such a unit in compliance with technology requirements regarding nitrogen oxide emissions. Requires the Secretary to study and report to the Congress on physical impediments to the transfer of excess electrical energy from regions with surplus electrical energy to those experiencing shortages. Title VI: Research, Development, Demonstration and Commercialization Activities - Directs the Secretary to: (1) establish priorities according to prescribed criteria for energy research and development and commercialization; and (2) submit to the Congress an accompanying management plan which shall be revised biennially. Requires the Secretary to implement a program: (1) promoting the development and commercialization of new and advanced natural gas utilization technologies; (2) of research and development to increase the recoverable natural gas resource base; and (3) of research, development, and commercialization of specified high efficiency heat engines. Authorizes appropriations. Title VII: Strategic Petroleum Reserve - Amends the EPCA to direct the Secretary to implement a program for ensuring that: (1) crude oil stored at the Strategic Petroleum Reserve will be increased at a specified daily rate; and (2) the petroleum product needs of the Department of Defense will be met by requiring importers to provide petroleum products according to prescribed percentage guidelines. Title VIII: Outer Continental Shelf - Amends the Outer Continental Shelf Lands Act to add a new title: the "Coastal State and Community Outer Continental Shelf Impact Assistance Act". Establishes the Coastal State and Community Outer Continental Shelf Impact Assistance Fund, to be funded by a specified percentage of all new revenue attributable to an Outer Continental Shelf lease any part of which is within 200 geographical miles of the coast line. Directs the Secretary of the Interior to transmit impact assistance from such Fund annually to coastal States according to prescribed guidelines. Requires a recipient coastal State to prioritize allocation of such revenue among its subdivisions which are socially or economically impacted by Outer Continental Shelf mineral development. Directs the Secretary to report to certain congressional committees on the availability of Outer Continental Shelf areas for oil and gas leasing, development and production. Title IX: Oil and Gas Leasing in the Arctic National Wildlife Refuge - Subtitle A: Statement of Purpose and Policy and Definitions - Declares that it is the congressional purpose to: (1) authorize competitive oil and gas leasing development on the Arctic Coastal Plain in a manner consistent with environmental and wildlife protection; and (2) provide a new funding source for energy-related projects to enhance energy security and reduce dependence on imported oil. Subtitle B: Congressional Determination of Compatibility - Declares that it is congressional policy that oil and gas activities on the Coastal Plain which are conducted with no significant adverse impact upon fish, wildlife, and the environment shall be deemed compatible with the purpose of the Arctic National Wildlife Refuge, and that no further compatibility findings by the Secretary of the Interior (the Secretary) are required under the National Wildlife Refuge System Administration Act. Subtitle C: Coastal Plain Competitive Leasing Program - Directs the Secretary to establish and implement a competitive oil and gas leasing program that will result in an environmentally sound program for Coastal Plain resources exploration, development, and production. Declares that this title is the sole authority for leasing on the Coastal Plain. Directs the Secretary to promulgate rules and regulations to implement this title. Declares that the Congress finds that the "Final Legislative Environmental Impact Statement" (April 1987) on the Coastal Plain satisfies the legal requirements under the National Environmental Policy Act of 1969. Sets forth the administrative parameters for: (1) lease sales and lease terms; (2) antitrust review by the Attorney General; (3) exploration and development and production plans; (4) plan approval; (5) bonding requirements; and (6) lease suspension and cancellation. Allows the Secretary to cancel leases in any areas of particular environmental sensitivity. Requires the Secretary's consent for lease assignments or subletting. Mandates that lessees unite to the greatest extent practicable in collectively adopting and operating under a cooperative or unit plan for oil pools and gas fields. Provides for the confidentiality of privileged or proprietary information regarding development activities which must be furnished to the Secretary. Sets forth civil and criminal penalties for violations of this title. Provides for adjudication of lease controversies. Sets forth joint, several, and strict liability for environmental damages and removal costs resulting from oil pollution or the discharge of hazardous substances. Provides for judicial review of complaints regarding regulations issued by the Secretary. Requires the Secretary to report annually to the Congress regarding the leasing program under this Act. Repeals certain limitations applicable to subsurface interests owned by the Inupiat Eskimo people. Provides for expedited judicial consideration of any claims for relief by certain Alaskan corporations. Subtitle D: Coastal Plain Environmental Protection - Directs the Secretary to promulgate environmental protection regulations which ensure that Coastal Plain activities will result in no significant adverse effect on fish and wildlife, their habitat, and the environment. Requires site-specific assessment and mitigation. Designates the Sadlerochit Spring area as a special area for wildlife conservation and environmental protection. Authorizes the Secretary to exclude such area from leasing and to designate other Coastal Plain areas as special areas requiring protection. Directs the Secretary to prepare and periodically update a facilities construction and siting plan for oil and gas development and transportation. Authorizes the Secretary to grant rights-of-way and easements across the Coastal Plain in a manner that does not adversely affect fish, wildlife, and the environment. Requires the Secretary to conduct additional studies to monitor the human, marine, and coastal environments. Directs the Secretary to promulgate regulations providing for bi-annual facility inspections for compliance with environmental and safety regulations. Provides funding for a ten-year period for environmental monitoring and enforcement on the Coastal Plain. Requires the Administrator of the Environmental Protection Agency to: (1) consult with the Department of Transportation and the State of Alaska about the State's role in monitoring and enforcing the Hazardous Materials Transportation Act; and (2) report annually to the Congress regarding the environmental monitoring activities. Subtitle E: Land Reclamation and Reclamation Liability Fund - Makes leaseholders fully responsible and liable for land reclamation within the Coastal Plain and other Federal lands adversely affected by lease activities. Requires establishment of the Coastal Plain Liability and Reclamation Fund within six months of a commercial discovery within the Coastal Plain. Directs the Secretary to collect fees based upon the crude oil volume entering the trans-Alaska pipeline. Prescribes revenue collection and expenditure procedures. Subtitle F: Disposition of Oil and Gas Revenues - Sets forth an allocation schedule for revenue distribution related to oil and gas leasing within the Arctic National Refuge, Alaska. Mandates that revenues distributed to the United States from such oil and gas leases be deposited into the Energy Security Fund. Directs the Secretary of the Treasury to make such funds directly available to the Secretary of Energy for a list of specified energy projects transmitted to the Congress as part of the first budget submitted by the President following the initial deposit of funds in the Energy Security Fund. Subtitle G: Export Restrictions - Prohibits the export of crude oil produced from Coastal Plain lands except in specified circumstances. Title X: Natural Gas - Provides that for purposes of the Natural Gas Act a certificate of public convenience and necessity is not required for the construction of a transportation service facility. Requires the Federal Energy Regulatory Commission (FERC) to issue a certificate of public convenience and necessity for such transportation service immediately upon initiation of transportation service rendered by such a facility. Prescribes administrative procedures for rate schedules, accounts and records, and rate base treatment. Amends the Natural Gas Policy Act of 1978 to authorize FERC to permit: (1) any interstate pipeline to transport natural gas; and (2) the construction of natural gas transportation facilities for interstate commerce. Outlines administrative procedures for FERC compliance with the requirements of the National Environmental Policy Act (NEPA) with respect to natural gas transportation. Declares FERC the lead agency for NEPA compliance purposes. Sets forth administrative procedures for rates and charges, utilization of rulemaking procedures, and review of FERC orders. Declares that the formation or operation of an independent producer cooperative shall only be an illegal antitrust law violation if anticompetitive effects substantially outweigh the procompetitve effects. Outlines the scope of State jurisdiction over persons with service area determinations with respect to vehicular natural gas sales for resale and for transportation. Title XI: Transportation and Alternative Fuels - Motor Vehicle Fuel Efficiency Act of 1991 - Subtitle A: Corporation Average Fuel Economy - Amends the Motor Vehicle Information and Cost Savings Act to direct the Secretary of Transportation to prescribe average fuel economy standards for passenger automobiles and light trucks manufactured in model years 1996 through 2001, and for those manufactured in model years 2002 and thereafter. Requires such Secretary to determine the maximum feasible average fuel economy achievable according to prescribed formulas for passenger automobiles, light trucks, or class of light trucks manufactured during such model years. Provides that credits for exceeding average fuel economy standards may be transferred among manufacturers and among vehicle classes of a manufacturer. Requires the Secretary of Transportation to issue rules implementing such a credit trading system. Grants average fuel economy credits for small passenger automobiles manufactured with airbags for either driver seating position only, or for both the driver and front seat outboard seating positions. Directs the Secretary of Energy to distribute at least 100 explanatory booklets each year to every dealer and an additional number if requested. Requires the Secretary of Transportation to assess an excessive fuel consumption fee upon a manufacturer whose average fuel economy does not meet certain statutory standards. Replaces civil penalties for such non-compliance with the excessive fuel consumption fee according to prescribed guidelines. Establishes the Excessive Fuel Consumption Fund. Authorizes the Secretary of Energy to make payments from the Fund for purposes of: (1) providing financial assistance to State programs encouraging voluntary removal from the marketplace of pre-1980 model-year automobiles; and (2) funding other energy conservation programs. Requires the Secretary of the Treasury to report annually to the Congress regarding the Fund's financial condition and operations. Requires the Secretary of Energy to adopt rules necessary to review and approve State programs that qualify for financial assistance for the older vehicle scrappage program. Mandates that as a prerequisite to Federal assistance at least 50 percent of scrappage program costs be paid from non-Federal funds. Subtitle B: Alternative Fuels - Authorizes the Secretary of Transportation to enter into cooperative agreements and joint ventures with local or regional transit authorities in urban areas of over 100,000 population to demonstrate the feasibility and safety of using natural gas or other alternative fuels for mass transit. Mandates that as a prerequisite to such a cooperative agreement or joint venture at least 25 percent of the demonstration costs be borne by the local or regional transit authority. Authorizes the Secretary to grant priority to any entity that demonstrates that the use of alternative fuels for mass transit would have a signficant effect on the ability of an air quality region to comply with regulations governing ambient air quality. Authorizes appropriations. Directs the Secretary of the Department of Labor to implement a technician training and certification program for the vehicle installation of equipment that converts gasoline or diesel-fueled vehicles to run solely on alternative fuels. Authorizes appropriations. Subtitle C: Electric Vehicle Technology Development and Demonstration - Electric Vehicle Technology Development and Demonstration Act of 1991 - Directs the Secretary of Energy to: (1) identify by a specified deadline the nonattainment areas in which conventionally fueled vehicles contribute significantly to that nonattainment and in which the use of electric vehicles could contribute to attainment of National Ambient Air Quality Standards; (2) designate nonattainment areas eligible to participate in a specified electric vehicle research and demonstration program; (3) solicit applications from manufacturers to sell, warranty, and service electric vehicles in eligible nonattainment areas; and (4) report to the Congress on the program's status. Authorizes appropriations. Title XII: Advanced Nuclear Reactor Commercialization - Civilian Advanced Nuclear Reactor Commercialization Act of 1991 - Directs the Secretary of Energy to implement a comprehensive program to encourage the deployment of advanced nuclear reactor technologies according to specified guidelines, including appropriate steps for development and submission for certification by the Nuclear Regulatory Commision (NRC) of completed standard designs for commercial nuclear reactors (or their components). Requires the Secretary to report annually to the Congress on progress in certifying standard designs and setting forth certification program plans. Requires the Secretary to report to the Congress on the results of public meetings implemented to develop information upon which to base decisions with respect to the commercialization of advanced nuclear reactor technologies. Outlines the parameters within which the Secretary must: (1) encourage siting, financing, licensing, construction, and operation of facilities for the generation of commercial electric power from nuclear fission in regions where a need for additional electric generating capacity exists; and (2) commercialize promising advanced nuclear reactor technologies for commercial electric power generation. Authorizes appropriations. Restricts appropriations to those specifically set forth under this Act. Requires the NRC to recommend to the Congress legislative changes found necessary for timely licensing consistent with public safety of commercial nuclear power reactors. Requires the Secretary to report to the Congress on: (1) his assessment of commercial nuclear reactor technologies in use or under development in other nations; and (2) the annual status of the advanced nuclear reactor commercialization program. Title XIII: Nuclear Reactor Licensing - Nuclear Reactor Licensing Act of 1991 - Amends the Atomic Energy Act of 1954 to require the NRC to hold a hearing before granting a combined license to construct and operate a nuclear reactor. Title XIV: Uranium - Subtitle A: Uranium Enrichment - Uranium Enrichment Act of 1991 - Amends the Atomic Energy Act of 1954 to repeal the existing statutory contracting requirements applicable to uranium enrichment enterprises. Establishes the United States Enrichment Corporation as a wholly-owned Government corporation to conduct uranium marketing and enrichment activities as a commercial, profitable, self-financing enterprise. Sets forth the Corporation's corporate office and powers and vests its management in an Administrator (appointed by the President with the advice and consent of the Senate). Grants the Secretary of Energy (the Secretary) general supervision over such Administrator only with respect to national security and health and environmental concerns. Establishes a Corporate Board whose members shall be appointed by the President, and who shall advise the Administrator and the Secretary regarding Corporation matters. Prescribes guidelines for: (1) Corporation personnel; (2) certain property transfers from the Department of Energy; (3) the Corporation's capital structure; and (4) Corporation pricing policies, including user charges for decommissioning, decontamination, and remedial activities. Requires the Corporation to make annual status reports to certain congressional committees, the President, and the Secretary. Prescribes licensing and taxation guidelines for the Corporation. Sets guidelines for payments in lieu of taxes by the Corporation to States and local governments. Requires the Administrator to make recommendations to the President and the Congress by specified dates regarding the transfer of the Corporation's functions and assets to private ownership. Establishes the Uranium Enrichment Decontamination and Decommissioning Fund to cover the Corporation's decommissioning and decontamination expenses. Applies Federal environmental and occupational safety and health law to the Corporation as though it were privately owned. Exempts the Corporation from sequestration because the maximum deficit amount has been exceeded under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Prohibits the Corporation's total FY 1991 expenditures from exceeding its total FY 1991 receipts. Subtitle B: Uranium - Uranium Security and Tailings Reclamation Act of 1991 - Sets forth findings, purposes, and definitions of this title. Directs the Corporation to establish for a minimum five-year period a voluntary overfeeding program to be made available to its enrichment services customers. ("Overfeeding" means the use of uranium in the enrichment process in excess of the amount required at the transactional tails assay, thus reducing customers' power costs). Provides that the resultant savings shall be credited to such customers. Establishes the National Strategic Uranium Reserve, consisting of 50,000,000 pounds of natural uranium, to be restricted to military purposes and Government research under the control of the Secretary. Confers continuing responsibility upon the Secretary for promotion of the domestic uranium industry, but without using any supervisory authority over the Corporation. Directs the Secretary to develop recommendations and implement Government programs promoting domestic uranium exports. Restricts all uranium purchases by Federal entities to uranium purchased from domestic producers. Exempts the Tennessee Valley Authority from such restriction. Subtitle C: Remedial Action for Active Processing Sites - Provides that remedial action costs such as decontamination, decommissioning, and reclamation at an active uranium or thorium processing site shall be borne by specified licensees for any activity resulting in byproduct material. Sets forth a reimbursement schedule for: (1) individual active site uranium licensees; (2) all active site uranium licensees; and (3) thorium licensees. Directs the Secretary to promulgate regulations governing such reimbursement. Authorizes appropriations. Title XV: Public Utility Holding Company Act Reform - Defines an "exempt wholesale generator" (EWG) as a corporate entity engaged exclusively in the business of selling electric energy at wholesale (including ownership or operation of electric energy production facilities). Requires approval of certain rates or charges by the State commission having jurisdiction over them with respect to rates or charges for facility construction or electric production. Declares that an EWG shall not be considered an "electric utility company" under the Public Utility Holding Company Act of 1935 (PUHCA) (thus exempting it from coverage by such Act). Permits holding companies that are exempt under PUHCA to: (1) own and maintain an interest in one or more EWGs; and (2) acquire and hold securities in one or more EWGs. Retains Securities and Exchange Commission jurisdiction over specified securities activities by a registered holding company with respect to EWGs. Declares that ownership of one or more EWGs shall not result in the owner's being considered as primarily engaged in the sale of generation of electric power under the Federal Power Act (thus ensuring that a non-utility company which acquires an EWG is not required to divest itself of certain business interests in "qualifying facilities" - small power production facilities or cogeneration facilities). Permits the filing of a declaration by an electric utility company that it intends to avoid purchasing electric energy from EWGs. Makes such declaration irrevocable for up to a ten-year period. Prohibits such company from: (1) purchasing electric energy from any EWG during such period; (2) acquiring or owning an interest in the business of an EWG during such period; or (3) offering to sell electric energy from an EWG in whose business it would acquire or own an interest after such declaration expires.
United States · United States Congress · 5 February 1991
Amends the Defense Production Act of 1950 to extend its expiration date to March 18, 1991.
United States · United States Congress · 5 February 1991
Designates the months of March 1991 and March 1992 as Women's History Month.
United States · United States Congress · 5 February 1991
Designates June 14, 1991, as Baltic Freedom Day.
United States · United States Congress · 5 February 1991
Designates the week beginning September 16, 1991, as Emergency Medical Services Week.