Defence

Violent Crime Control Act of 1991

United States · United States Congress · 12 March 1991

Violent Crime Control Act of 1991 - Title I: Safer Streets and Neighborhoods Act - Safer Streets and Neighborhoods Act of 1991 - Amends the Omnibus Crime Control and Safe Streets Act of 1991 (Omnibus Act) to: (1) authorize appropriations ($1,000,000,000 for FY 1992 and such sums as necessary in FY 1993 and 1994) for grants to State and local law enforcement agencies; and (2) continue the Federal-State funding formula for such agencies for FY 1992. Title II: Death Penalty - Federal Death Penalty 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, of its intention to seek the death penalty and of 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 information to be excluded where its probative value is substantially outweighed by the danger of unfair prejudice, confusion of 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. Includes as threshold aggravating factors for homicide that the defendant: (1) intentionally killed the victim; (2) intentionally inflicted serious bodily injury which resulted in the death of the victim; (3) intentionally participated in an act, contemplating that the life of a person would be taken, and the victim died as a direct result of the act; (4) attempted to kill the President of the United States; or (5) intentionally engaged in an act constituting reckless disregard for human life, knowing that the act created a grave risk of death to someone other than the participants, and the victim died as a direct result of the act. Sets forth special aggravating factors with respect to the crimes of treason, espionage, homicide, and attempted murder of the President. States that no person who was less than 18 years of age at the time of the offense may be sentenced to death. Prohibits the execution of mentally retarded persons or pregnant women. Directs the court, or the jury by unanimous vote, to impose the death penalty upon a finding that such sentence is justified based on consideration of both the aggravating and mitigating factors. Requires the court to instruct the jury: (1) not to consider the race, color, national origin, creed, or sex of the defendant or any victim in its consideration of the sentence; and (2) that it is not required to return a death sentence. Establishes procedures for appeal from a death sentence. Requires the Court of Appeals to review the record, address all substantive and procedural issues raised on appeal, and consider whether such sentence was imposed under the influence of passion, prejudice, or any other arbitrary factor whether the evidence supports the special finding of the existence of the required aggravating factor. Specifies that whenever such court finds that the sentence was imposed under such influence, the admissible evidence adduced does not support such special finding, or other legal error requires reversal of the sentence, the court shall remand the case for reconsideration or impose a sentence other than death (and, in any other case, remand for reconsideration). Requires the court to provide a written explanation of its determination. Prohibits requiring any employee of any State department of corrections, the Federal Bureau of Prisons, or any provider of services under contract to participate in any execution if participation is contrary to his or her moral or religious convictions. Bars the imposition of a death sentence for a death-eligible offense committed in Indian country unless the Indian tribe having criminal jurisdiction over land and persons subject to such jurisdiction has elected to have this title apply in such cases. 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) murders committed by prisoners in Federal correctional institutions; (2) kidnappings which result in the death of any person; (3) 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); (4) murder for hire; (5) murder in the aid of a racketeering activity; (6) engaging in a criminal enterprise activity which results in death; and (7) other specified offenses, including civil rights murders and certain murders involving damage to religious property or obstruction of persons in the free exercise of religious beliefs. Racial Justice Act of 1991 - Amends the Federal judicial code to prohibit the imposition or execution of sentences of death under color of State or Federal law in a racially discriminatory pattern. Specifies that to establish such a pattern: (1) ordinary methods of statistical proof shall suffice; and (2) it shall not be necessary to show discriminatory intent on the part of any individual or institution. Specifies that: (1) to establish a prima facie showing of a racially discriminatory pattern it shall suffice that death sentences are being imposed or executed upon persons of one race with a frequency disproportionate to their representation among the number of persons arrested for, charged with, or convicted of death-eligible crimes, or as punishment for crimes against persons of one race with a frequency that is disproportionate to their representation among persons against whom death-eligible crimes have been committed; and (2) to rebut such a showing, a State or Federal entity must establish by clear and convincing evidence that identifiable and pertinent nonracial factors persuasively explain the observable racial disparities comprising the pattern. Requires any State or Federal entity that provides for the death penalty to designate a central agency to collect and maintain pertinent data on the charging, disposition, and sentencing patterns for all cases of death-eligible crimes. Directs each such entity to: (1) monitor compliance by local officials and agencies; (2) devise and distribute to every local official or agency responsible for the investigation or prosecution of death-eligible crimes a standard form to collect pertinent data; (3) maintain, compile, and index such forms and data and make them available to the public; (4) maintain a centralized, alphabetically indexed file of all police and investigative reports transmitted to it by local officials or agencies in every case of death-eligible crime; and (5) allow access to its file of police and investigative reports to the counsel of record for persons charged with death-eligible crimes. Requires each local official responsible for the investigation or prosecution of death-eligible crimes to: (1) complete such form on every case of death-eligible crime; (2) transmit such form to the central agency within three months after disposition of each such case; and (3) transmit to such agency a copy of all police and investigative reports made in connection with each case of death-eligible crime. Requires such data to include, at a minimum: (1) pertinent demographic information on all persons charged with the crime and all victims (including race, sex, age, and national origin); (2) information on the principal features of the crime; (3) information on the aggravating and mitigating factors of the crime, including the background and character of every person charged with the crime; and (4) a narrative summary of the crime. Requires the court to appoint counsel for those financially unable to retain counsel and to furnish investigative, expert, or other services as necessary for the development of the claim of any such person, subject to certain limitations. Specifies that no determination on the merits of a factual issue made by a State court pertinent to any claim under this Act shall be presumed to be correct unless: (1) the State is in compliance with the provisions of this Act; (2) the determination was made in a proceeding in a State court in which the person asserting the claim was afforded rights to counsel and to the furnishing of investigative, expert, and other such services which were substantially equivalent to those provided in this Act; and (3) the determination is one which is otherwise entitled to be presumed correct under the criteria specified under Federal habeas corpus provisions. Title III: Death Penalty for Murder of Law Enforcement Officer Act - Authorizes the death penalty for the murder of: (1) Federal law enforcement officials; and (2) State law enforcement officers working with Federal agents. Title IV: Death Penalty for Drug Criminals Act - Death Penalty for Drug Criminals Act of 1991 - Amends the Controlled Substances Act (CSA) to authorize the death penalty for first degree murders committed in the course of: (1) drug distribution conspiracies; (2) drug import and export conspiracies; (3) drug distribution to minors, near schools, or while employing minors; and (4) the export, import, or distribution of major quantities of drugs. Title V: Prevention and Punishment of Terrorist Acts - Comprehensive Counter-Terrorism Act of 1991 - Subtitle A: Punishing Domestic and International Terrorist Acts - Part I: Terrorist Death Penalty Act of 1991 - Terrorist Death Penalty Act of 1991 - Amends the Federal criminal code to: (1) make it a Federal offense, punishable by up to life imprisonment, to commit terrorist acts against U.S. nationals abroad; and (2) authorize the imposition of the death penalty where terrorist acts against U.S. nationals result in first degree murder. Part II: Terrorist Acts Committed in the United States - Authorizes the imposition of the death penalty for domestic terrorist acts that involve an individual acting as an agent of a foreign power and that result in first degree murder, and up to life imprisonment for acts that result in death that does not constitute first degree murder. Sets forth penalties for attempts or conspiracy to kill (up to life imprisonment) and for engaging in physical violence that results in serious bodily injury (up to ten years' imprisonment, a fine, or both). Specifies that, for purposes of this Act, a person possesses an intent to commit a terrorist act if such person intends to: (1) intimidate or coerce a civilian population; (2) influence the policy of a government by intimidation or coercion; or (3) affect the conduct of a government by assassination, kidnapping, or other violent act. Part III: Increasing Penalties for International Terrorist Acts - Increases the penalties for terrorist acts committed against U.S. nationals abroad. Subtitle B: Preventing Domestic and International Terrorist Acts - Part I: Attacking the Infrastructure of Terrorist Organizations - Makes it a Federal criminal offense for an individual, acting as an agent of a foreign power, to provide material support or resources (including currency, securities, communications equipment, facilities, weapons, personnel, and other physical assets), or to conceal or disguise the nature, location, source, or ownership of such support or resources, knowing that such resources or support are intended to be used to commit a terrorist act. Provides for the civil and criminal seizure and forfeiture of any real or personal property used to commit, or facilitate the commission of, terrorist acts. Part II: Electronic Communications - Expresses the sense of the Congress that providers of electronic communications services and manufacturers of electronic communications service equipment should ensure that communications systems permit the Government to obtain the plain text contents of voice, data, and other communications when appropriately authorized by law. Part III: Cooperation of Witnesses in Terrorist Investigations - Alien Witness Cooperation Act of 1991 - Authorizes the Attorney General to waive immigration admission, and other legal, requirements and grant permanent resident status for alien witnesses who cooperate with the Government in Federal or State prosecutions. Bars the granting of such status to an alien who would be excluded because of felony convictions unless the Attorney General determines that the granting of such status to such alien is necessary in the interests of justice and comports with the safety of the community. Limits the number of aliens and members of their immediate families entering the United States under such authority to 100 persons in any single fiscal year. Makes the decision to grant or deny permanent resident status under this Act at the discretion of the Attorney General and not subject to judicial review. Subtitle C: Preventing Aviation Terrorism - Makes the willful violation of certain Federal Aviation Administration regulations relating to airport and airline security punishable by a fine, imprisonment for up to one year, or both. Subtitle D: Preventing Economic Terrorism - Makes it a Federal criminal offense to counterfeit, or to make, deal, or possess any plate or other item used in the counterfeiting of, U.S. securities abroad. Establishes an Economic Terrorism Task Force to: (1) assess the threat of terrorist actions directed against the U.S. economy and the adequacy of existing policies and procedures designed to prevent such actions; and (2) recommend administrative and legislative responses to prevent such actions. Sets forth provisions: (1) regarding the makeup of such Task Force; (2) making provisions of the Federal Advisory Committee Act inapplicable to such Task Force; and (3) establishing reporting requirements. Specifies that if the report of the Task Force is classified, an unclassified version shall be prepared for public distribution. Subtitle E: Authorizations to Expand Counter-Terrorist Operations by Federal Agencies - Authorizes appropriations for counter-terrorist operations and programs. Title VI: Drive-By-Shooting Act - Drive-By-Shooting Prevention Act of 1991 - Sets penalties for any individual who, in furtherance or to escape detection of a major drug offense, with intent to intimidate, harass, injure, or maim, fires a weapon into a group of two or more people causing: (1) grave risk to human life (subject to a fine, up to 25 years' imprisonment, or both); and (2) death of one of those persons (including a sentence of death or life imprisonment without release). Title VII: Assault Weapons - Antidrug, Assault Weapons Limitation Act of 1991 - Amends the Federal criminal code to prohibit the transfer, importation, receipt, or possession of any assault weapon, except: (1) by the Federal, State, or local government; and (2) with respect to weapons lawfully possessed before enactment of this Act. Specifies firearms to be included as assault weapons. Authorizes the Secretary of the Treasury to recommend to the Congress the addition or deletion of firearms to be designated as assault weapons. Increases the length of imprisonment for an individual who uses or carries an assault weapon during and in relation to the commission of a crime of violence or a drug trafficking crime. Prohibits the sale, shipment, or delivery (or purchase, possession, or acceptance of delivery) of an assault weapon to (or by) any person who does not fill out a specified form. Establishes recordkeeping requirements. Directs the Secretary to prescribe regulations for the request and delivery of such form. Directs the Attorney General to: (1) investigate and study the effect of this title on violent and drug trafficking crime; and (2) submit to the Senate a report on its findings. Specifies the effective period of this title. Title VIII: Police Corps and Law Enforcement Training and Education Act - Police Corps and Law Enforcement Training and Education Act - Establishes within the Department of Justice (DOJ) an Office of the Police Corps and Law Enforcement Education to be headed by a Director. Requires a State that desires to participate in the Police Corps program or the Law Enforcement Scholarship program to designate a lead agency and submit a State plan containing assurances with respect to: (1) lead agency cooperation with other State and local agencies; (2) the State advertising of the assistance available; (3) State screening and selection of law enforcement personnel for participation in the program; and (4) compliance with other specified requirements. Subtitle A: Police Corps Program - Authorizes the Director to award scholarships (including direct payments to institutions and reimbursement of educational costs) to participants who agree to work for four years in a State or local police force after completion of a baccalaureate program and police corps training, subject to specified conditions. Sets forth provisions with respect to: (1) scholarship assistance for dependent children of law enforcement officers; (2) the selection of participants; (3) minority recruitment; and (4) leaves of absence. Requires the Director to establish up to three training centers to provide basic law enforcement training to State Police Corps program participants. Requires participants to attend two eight-week training sessions at such training centers and to meet certain performance standards in order to remain in the Police Corps program. Requires the Director to pay participants a weekly stipend during training. Requires a State, in order to participate in the Police Corps program, to submit a plan for implementing such program to the Director for approval. Requires such plan to: (1) include assurances that participants will receive additional State or local training after completing Federal training which shall count toward the four-year service obligation; and (2) provide that program participants shall be assigned to community and preventive patrol in geographic areas with the greatest need for additional law enforcement personnel. Provides for the swearing in of participants as members of the police force to which they are assigned after completing Federal training and meeting the requirements of that police force. Authorizes appropriations. Subtitle B: Law Enforcement Scholarship Program - Directs each State to pay from funds under this Act the Federal share (not more than 60 percent) of the cost of awarding scholarships to in-service law enforcement personnel for further education. Sets forth State plan requirements, including identifying model curricula and existing programs and providing assurances that the State will promote cooperative agreements to enhance law enforcement personnel recruitment efforts in high schools and community colleges. Sets forth application requirements. Grants priority in awarding scholarships to members of underrepresented groups and to those pursuing an undergraduate degree. Requires each individual awarded a scholarship to work in a law enforcement position in the State which made the award for a period of one month for each credit hour of financial assistance (with a six-month minimum and two-year maximum). Authorizes appropriations. Subtitle C: Reports - Sets forth provisions requiring: (1) annual reports by the Director to the Attorney General, the President, and specified Members of Congress; and (2) a special report by the Attorney General to the Congress on a plan to expand scholarship assistance to eligible Federal law enforcement officers. Title IX: Federal Law Enforcement Agencies - Federal Law Enforcement Act of 1991 - Authorizes appropriations for the Drug Enforcement Administration (DEA), the Federal Bureau of Investigation (FBI), the Immigration and Naturalization Service (INS), U.S. attorneys, U.S. marshals, the Bureau of Alcohol, Tobacco, and Firearms, U.S. courts, and defender services. Title X: Habeas Corpus Reform Act - Habeas Corpus Reform 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 to such procedures contingent upon a State establishing a mechanism for the appointment, compensation, and payment of reasonable fees and litigation expenses of competent counsel consistent with this Act. Sets forth procedures for the appointment of counsel or for allowing a prisoner to proceed pro se. 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 by the prisoner in the State or Federal courts, and the failure to raise the claim is the result of State action in violation of the Constitution or laws of United States, is the result of Supreme Court recognition of a new Federal right that is retroactively applicable, or is based on a factual predicate that could not have been discovered through the exercise of reasonable diligence; (2) 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; or (3) a stay and consideration of the requested relief are necessary to prevent a miscarriage of justice. 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. Authorizes a district court to refuse to consider a claim under this Act if: (1) the prisoner previously failed to raise the claim in State court at the time and in the manner prescribed by State law; (2) the State courts, for that reason, refused or would refuse to entertain the claim; and (3) such refusal would constitute an adequate and independent State law ground that would foreclose direct review of the State court judgment in the U.S. Supreme Court. Provides an exception to such authorization. Makes the requirement for a certificate of probable cause inapplicable, with an exception. States that a mechanism for the provision of counsel services to indigents sufficient to invoke the provisions of this Act shall provide for counsel to indigents: (1) charged with offenses for which capital punishment is sought; (2) who have been sentenced to death and who seek appellate or collateral review in State court; and (3) who have been sentenced to death and who seek certiorari review in the U.S. Supreme Court. Prescribes minimum qualifications for appointed counsel. Authorizes payment of fees and expenses for investigative, expert, or other services reasonably necessary for the representation of the defendant. Allows the court to fix the compensation to be paid to an attorney appointed under this Act. Specifies which law is applicable in Federal habeas corpus proceedings. Title XI: Punishment of Gun Criminals - Gun Criminals Punishment Act of 1991 - Requires that any individual who, during and in relation to any crime of violence or drug trafficking crime, discharges a firearm that kills another person, with intent to kill, be sentenced to death or life imprisonment without release. Increases penalties to be imposed in addition to penalties provided for a crime of violence or drug trafficking crime for carrying, possessing, or discharging a firearm during and in relation to such crime to up to ten years for any firearm and ten to 15 years for an assault weapon. Requires an individual to be sentenced to life imprisonment for a second conviction of such an offense if the firearm is an assault weapon. Directs the U.S. Sentencing Commission to promulgate, or amend existing, guidelines to provide for a sentencing enhancement in accord with such provisions. Establishes penalties for possessing (current law covers only using and carrying) an explosive during the commission of a felony. Provides for 20 years imprisonment for using, carrying, or possessing an explosive, in the case of a second or subsequent conviction. Increases (from five to ten years) the term of imprisonment for knowingly making a false, material statement in connection with the acquisition of a firearm from a licensed dealer. Sets penalties for: (1) knowingly failing to acquire the proper form or its equivalent with respect to the transfer, transport, receipt, or possession of an assault weapon; and (2) theft of explosive materials. Bars the sale of firearms and explosives to, or possession of firearms and explosives by, persons convicted of a violent or serious drug misdemeanor. Permits a judicial officer to consider pretrial detention of a defendant for certain firearms and explosives offenses. Amends provisions of the Internal Revenue Code of 1986 with respect to the disposal of forfeited firearms to authorize public sale to a licensed dealer, under specified conditions. Title XII: Prison for Violent Drug Offenders - Authorizes appropriations for the construction, and operation for one year, of ten regional prisons. Sets forth provisions with respect to the location and population of such prisons, prisoner eligibility (State and Federal prisoners with release dates of not more than two years from the date of assignment to the prison who have long-term drug abuse problems and serious criminal histories, and who agree to the assignment), State responsibilities, and the powers of the Director of the Bureau of Prisons (e.g., to return any prisoner not complying with program requirements and conditions). Requires any State seeking to refer a State prisoner to a regional prison to submit to such Director an aftercare plan setting forth the provisions that the State will make for the continued treatment of the prisoner in a therapeutic community following release and providing for vocational job training where appropriate. Title XIII: Boot Camps - Directs the Attorney General, within one year, to establish within the Bureau of Prisons ten military-style boot camp prisons. Sets forth provisions with respect to prison capacity, proportion of State to Federal prisoners, and eligibility requirements. Authorizes appropriations. Title XIV: Youth Violence Act - Subtitle A: Increasing Penalties for Employing Children to Distribute Drugs Near Schools and Playgrounds - Amends the CSA to increase the penalty for employing, using, inducing, or coercing individuals under age 18 to violate provisions of such Act, or to assist in avoiding detection or apprehension for certain offenses under such Act by Federal, State, or local law enforcement officials. Subtitle B: Antigang Grants - Amends the Juvenile Justice and Delinquency Prevention Act of 1974 to authorize the Administrator of the Office of Juvenile Justice and Delinquency Prevention to make grants to States and units of general local government to assist them in planning, coordinating, and evaluating projects to reduce the formation or continuation of juvenile gangs and the use and sale of illegal drugs by juveniles. Specifies the allocation (50-50) of funds available to each State for juvenile drug supply and drug demand reduction programs. Directs the Administrator to give priority to programs aimed at juvenile involvement in organized gang- and drug-related activities. Authorizes appropriations. Sets forth provisions with respect to application, and review and approval, procedures. Subtitle C: Juvenile Penalties - Amends the Federal criminal code to: (1) add certain firearms offenses to the offenses over which the United States has juvenile delinquency jurisdiction; and (2) provide for the treatment of violent juveniles who commit firearms offenses as adults under certain circumstances. Specifies factors to be considered in transferring a juvenile to adult status. Classifies as serious drug offenses for purposes of the Armed Career Criminal Act of 1984 serious drug offenses committed by juveniles. Title XV: Rural Crime and Drug Control Act - Subtitle A: Fighting Drug Trafficking in Rural Areas - Amends the Omnibus Act to authorize appropriations, and increase the base allocation, for rural drug enforcement assistance. Directs the Attorney General to establish a Rural Drug Enforcement Task Force in each of the Federal judicial districts which encompass significant rural lands. Specifies the membership of such task forces. Directs the Attorney General to cross-designate up to 100 Federal officers with jurisdiction to enforce CSA provisions on non-Federal lands to the extent necessary to effect the purposes of this title. Requires the Director of the Federal Law Enforcement Training Center to develop a specialized course of instruction devoted to training law enforcement officers from rural agencies in the investigation of drug trafficking and related crimes. Authorizes appropriations. Subtitle B: Increasing Penalties for Certain Drug Trafficking Offenses - Ice Enforcement Act of 1991 - Amends the CSA to increase penalties for specified offenses involving crystalline methamphetamine. Subtitle C: Rural Drug Prevention and Treatment - Amends the Public Health Service Act to require the Director of the Office for Treatment Improvement to establish a program to provide grants to hospitals, community health centers, and other appropriate entities that serve nonmetropolitan areas to assist in developing and implementing projects that provide, or expand the availability of, substance abuse treatment services. Authorizes appropriations. Requires the alcohol and drug abuse information clearinghouse required to be established under the Public Health Service Act to: (1) gather information pertaining to the Alcohol, Drug Abuse, and Mental Health Administration and other rural drug abuse treatment and education projects operating throughout the United States; and (2) disseminate information to rural hospitals, community health centers, community mental health centers, treatment facilities, community organizations, and other interested individuals. Subtitle D: Rural Land Recovery Act - Specifies that each of the Rural Drug Enforcement Task Forces shall include one Director of Rural Land Recovery. Requires that assets seized from rural clandestine methamphetamine and other dangerous drugs laboratory operations and their operators be used primarily to fund the decontamination of the property and immediate environment chemically fouled by such operations or operators (and any remaining assets used to decontaminate other such sites throughout the jurisdiction of the task force). Directs State and Federal prosecutors, when bringing charges against the operators of such laboratories, to include, in addition to drug-related charges, counts involving infringements of applicable environmental protection laws, including illegal disposal of hazardous waste and knowing endangerment of the environment. Authorizes such prosecutors and private citizens to bring suit against the operators of such laboratories for environmental and health-related damages caused by the operators in their manufacture of illicit substances. Title XVI: Drug Emergency Areas Act of 1991 - Drug Emergency Areas Act of 1991 - Amends the National Narcotics Leadership Act of 1988 to replace language with respect to the designation of high intensity drug trafficking areas with provisions authorizing the President to declare a State or part of a State to be a drug emergency area. Requires requests for such a declaration to be made, in writing, by the Governor or chief executive officer of any affected State or local government and forwarded to the President through the Director of National Drug Control Policy. Allows cities, counties, or States to submit a joint request. Requires requests to be based on a written finding that the emergency is of such severity and magnitude that Federal assistance is necessary to ensure an effective response. Prohibits the President from limiting declarations made under this Act to highly-populated centers of drug trafficking, drug use, or drug-related violence. Requires the President to consider applications from governments of less populated areas where the magnitude and severity of such activities are beyond the capability of the State or local government to respond. Requires Governors or chief executive officers, as part of such requests and as a prerequisite to such assistance, to: (1) take appropriate action under State or local law to respond to the crisis and furnish information on the nature and amount of State and local resources which have been or will be committed to alleviating the emergency; (2) certify that State and local government obligations and expenditures will comply with all applicable cost-sharing requirements; and (3) submit a detailed plan outlining the State or local government's short- and long-term plans to respond to the emergency. Requires the Director to review requests submitted and forward the application to the President, along with a recommendation. Authorizes the President to make grants to State or local governments of up to $50,000,000 for any single emergency. Limits the Federal share to 75 percent of the costs necessary to implement the short- and long-term plan. Limits the duration of assistance to a drug disaster area to one year, after the Governors or chief executive officers may apply for an extension of up to 180 days. Requires any State or local government receiving Federal assistance to balance the allocation of such assistance evenly between drug supply and demand reduction efforts, unless State or local conditions dictate otherwise. Authorizes the President to: (1) direct any Federal agency to utilize its authorities and resources to support State and local efforts; and (2) provide technical and advisory assistance. Title XVII: Drunk Driving Child Protection Act - Drunk Driving Child Protection Act of 1991 - Amends the Assimilative Crimes Statute to require the imposition of a Federal penalty (if not already imposed by a State) of one year imprisonment and a $1,000 fine in addition to any term of imprisonment under State law for driving under the influence of drugs or alcohol if a non-driving minor was present in the vehicle at the time of the offense. Amends the common carrier provisions of the Federal criminal code to increase the penalty for operating a common carrier under the influence of drugs or alcohol if a non-driving minor is present in the vehicle by up to one year's imprisonment and an additional $1,000 fine. Title XVIII: Commission on Crime and Violence - Establishes the National Commission on Crime and Violence in America to: (1) develop a comprehensive crime control plan to serve as a blueprint for action in the 1990s; (2) bring attention to successful models and programs; (3) reach beyond the traditional criminal justice community for ideas; and (4) recommend improvements in local, State, and Federal coordination. Sets forth the composition of the Commission, its responsibilities, administrative provisions, reporting requirements, and its termination date. Title XIX: Protection of Crime Victims - Victims' Rights and Restitution Act of 1991 - Amends the Victims of Crime Act of 1984, as amended, to eliminate the cap on the crime victims fund. Requires all Federal law enforcement agencies to make their best efforts to accord victims of crime with the right to: (1) be treated with fairness and respect for the victim's dignity and privacy; (2) be protected against their accused offenders; (3) be notified of court proceedings; (4) attend public court proceedings related to the offense under certain conditions; (5) confer with the Government attorney assigned to the case; (6) receive restitution; and (7) receive information about the conviction, sentencing, imprisonment, and release of the offender. Directs Federal law enforcement agency heads to designate the persons required by this Act to identify and provide certain services to the victims of a crime such as informing victims about where to receive medical care, counseling, and police protection and about developments during the investigation and prosecution of the crime and after the trial (such as the arrest of a suspected offender or an escape of a convicted offender). Directs the Attorney General or the head of another department or agency that conducts an investigation of a sexual assault to pay, either directly or by reimbursement, the cost of a physical examination of the victim which an investigating officer determines was necessary or useful for evidentiary purposes. Directs that a responsible official provide the victim with general information regarding the corrections process, including information about work release, furlough, and probation. Requires (current law authorizes) the court to order restitution payments for specified violations of the Federal criminal code and the Federal Aviation Act of 1958. Authorizes the court, in addition to ordering restitution of the victim of the offense of which a defendant is convicted, to order restitution of persons harmed physically, emotionally, or pecuniarily by defendant's unlawful conduct during which the offense occurred or during the course of a scheme, conspiracy, or pattern of unlawful activity related to the offense. Sets forth additional provisions with respect to determination of amounts owed to the victim, set-offs, enforcement of restitution orders, and procedures for issuing such orders. Amends the Federal Bankruptcy code to make an exception to a discharge in bankruptcy to the extent that the debt arises from a proceeding brought by a governmental unit to recover a civil or criminal restitution, or to the extent that such debt arises from an agreed judgment or other agreement by the debtor to pay money or transfer property in settlement of such an action by a governmental unit. Title XX: Crack House Eviction Act - Amends the CSA to authorize: (1) the Attorney General to bring a civil action against violators of prohibitions against maintaining places for the manufacture, distribution, or use of controlled substances; and (2) the court to assess a civil penalty of up to $100,000 and grant such other relief, including injunctions and evictions, as appropriate. Directs the Attorney General to: (1) aggressively pursue the use of criminal penalties, civil injunctions, forfeiture sanctions, and other remedies against drug offenders; and (2) report annually to the Congress on the manner and extent to which such remedies are being used and their effect in curtailing drug trafficking. Title XXI: Organized Crime and Dangerous Drugs Division - Subtitle A: Establishment of an Organized Crime and Dangerous Drugs Division in the Department of Justice - Justice Department Organized Crime and Drug Enforcement Enhancement Act of 1991 - Establishes within DOJ the Organized Crime and Dangerous Drugs Division, consisting initially of specified offices within the Criminal Division of DOJ and the Organized Crime Drug Enforcement Task Force Program. Transfers to such Division all functions, personnel, and available funds of such offices and program. Requires such Division to be headed by an Assistant Attorney General for the Organized Crime and Dangerous Drug Division and a Deputy Assistant. Establishes within such Division such sections and offices as the Attorney General deems appropriate to maintain or increase the level of enforcement activities with respect to criminal racketeering, narcotics trafficking, money laundering, asset forfeiture, international crime, and civil enforcement. Directs the Attorney General to establish at least 20 field offices of the Division to be known as Organized Crime and Dangerous Drug Strike Forces. Sets forth additional provisions with respect to coordination of field activities and the transfer of staff assigned to the Task Forces to the Division (designated the Criminal Narcotics Section). Specifies that the agents assigned to the Strike Forces shall be dedicated exclusively to, and located with, the Strike Forces and shall be given credit for the work of the Strike Forces. Requires the Assistant Attorney General for Organized Crime and Dangerous Drugs to report to the Congress on the areas of the United States that may require increased assistance from DOJ through the establishment of additional strike forces. Authorizes appropriations for salaries and expenses of the Division for FY 1992, subject to certain limitations. Subtitle B: International Prosecution Teams - Requires the Division to include at least ten International Drug Enforcement Teams: (1) devoted exclusively to investigating, prosecuting, and supporting the investigation and prosecution of international drug cases; and (2) responsible for developing expertise in handling civil and criminal cases involving extradition, money laundering, drug-related corruption, and other complex cases relating to international drug trafficking. Specifies relationships of team members and goals, including improved coordination and cooperation between the United States and foreign countries in the suppression of international money laundering and narcotics trafficking. Title XXII: Exclusionary Rule - Amends the Federal criminal code to bar the exclusion of evidence obtained as a result of a search or seizure that was in violation of the fourth amendment to the Constitution if the search or seizure was carried out in reasonable reliance on a warrant that was issued by a detached and neutral magistrate and that was ultimately found to be invalid, unless: (1) the judicial officer in issuing the warrant was materially misled by information in an affidavit that the affiant knew was false or would have known was false except for this reckless disregard of the truth; (2) the judicial officer provided approval of the warrant without exercising a neutral and detached review of the application for the warrant; (3) the warrant was based on an affidavit so lacking in indicia of probable cause as to render official belief in its existence entirely unreasonable; or (4) the warrant is so facially deficient that the executing officers could not reasonably presume it to be valid. Title XXIII: Drug Testing - Federal Prisoner Drug Testing Act of 1991 - Amends the Federal criminal code to require, as a condition of probation, supervised release, or parole, that the defendant pass a drug test prior to the imposition of sentence, refrain from any unlawful use of a controlled substance, and submit to at least two periodic drug tests (as determined by the court) for use of a controlled substance. Specifies that no action may be taken against a defendant pursuant to such a drug test unless the test confirmation is a urine drug test confirmed using gas chromatography/mass spectrometry techniques or one determined to be of equivalent accuracy.

A bill to improve basic educational assistance benefits for members of the Armed Forces of the United States under chapter 30 of title 38, United States Code, and under chapter 106 of title 10, United States Code, and for other purposes.

United States · United States Congress · 12 March 1991

Amends Federal veterans' and armed forces' educational assistance program provisions (the Montgomery GI Bill) to increase the monthly educational assistance benefits for: (1) active-duty personnel under the All-Volunteer Force educational assistance program; and (2) Selected Reserve personnel under the armed forces' educational assistance program. Increases the monthly contribution (payroll deduction) required for eligibility for basic educational assistance under the Montgomery GI Bill for both active-duty personnel and members of the Selected Reserve.

A bill to establish the grade of General of the Army and to authorize the President to appoint Generals Colin L. Powell and H. Norman Schwarzkopf, Jr., to that grade.

United States · United States Congress · 12 March 1991

Establishes the grade of General of the Army, appointments to which shall be made by the President by and with the advice and consent of the Senate. Defines the rank and compensation of such grade. Authorizes the President to appoint Generals Colin L. Powell and H. Norman Schwarzkopf, Jr., to that grade.

Boots and Saddles Historic New Mexico Forts Study Act of 1991

United States · United States Congress · 12 March 1991

Boots and Saddles: Historic New Mexico Forts Study Act of 1991 - Directs the Secretary of the Interior, acting through the Directors of the Bureau of Land Management and of the National Park Service, to study specified historic military forts occupied during the Civil War and Indian campaigns in New Mexico and to develop alternative means of interpreting and preserving such forts. Requires a report to specified congressional committees. Authorizes appropriations.

A joint resolution to designate July 28, 1992, as "Buffalo Soldiers Day".

United States · United States Congress · 12 March 1991

Designates July 28, 1992, as Buffalo Soldiers Day.

A joint resolution expressing the sense of the Congress regarding the political and human rights situation in Kenya.

United States · United States Congress · 12 March 1991

Condemns: (1) the arrest and detention of Kenyan citizens for the peaceful expression of political views; and (2) the Kenyan Government's disregard of human rights and fundamental freedoms. Calls upon the Kenyan Government to: (1) end intimidation and harassment of those critical of government policies and those working for democracy in Kenya; and (2) implement safeguards to ensure freedom of the press and independence of the judiciary and to guarantee civil and human rights for individuals detained by the Government. Amends the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991 to prohibit making available, obligating, or expending funds appropriated by any Act under the heading "Foreign Military Financing Program" for FY 1990 for Kenya until specified conditions are met.

Emerging Telecommunications Technologies Act of 1991

United States · United States Congress · 12 March 1991

Emerging Telecommunications Technologies Act of 1991 - Requires the Secretary of Commerce and the Chairman of the Federal Communications Commission (FCC) to conduct joint electromagnetic spectrum planning meetings with respect to: (1) future spectrum needs and the allocation actions to accommodate those needs; and (2) actions to promote the efficient use of the spectrum. Directs the Secretary to submit reports to the President that identify frequency bands that: (1) are allocated on a primary basis for Government use and eligible for licensing pursuant to the Communications Act of 1934 (the Act); (2) are not required for present or identifiable future Government needs; (3) can be made available for use under the Act for non-Government users; (4) are likely to have significant value for such users; and (5) will not result in excessive costs to the Government. Sets forth criteria for identifying, and recommending for reassignment or sharing, such frequency bands. Requires such reports to make an initial identification of 30MHz of spectrum for immediate reallocation and distribution by the FCC pursuant to competitive bidding procedures, and preliminary and final identifications of additional reallocable frequency bands. Directs the Secretary to convene an advisory committee to: (1) review frequency bands identified in the preliminary report; (2) advise the Secretary with respect to those bands which should be included in the final report; (3) receive public comment on the reports; and (4) prepare and submit to the Secretary and specified congressional committees a report on recommendations for the reform of allocating the spectrum between Government and non-Government users. Directs the President to: (1) withdraw or limit the assignment to a Government station of any frequency recommended in the initial identification report for reallocation; (2) withdraw or limit the assignment to a Government station of any frequency recommended in the final report for reallocation or mixed use; (3) assign or reassign other frequencies to Government stations as necessary to adjust to such withdrawal or limitation of assignments; and (4) publish in the Federal Register a notice and description of such actions taken. Authorizes the President to substitute alternative frequencies in the interests of national defense, important Government needs, public health or safety, or Federal financial considerations. Provides that any Government licensee, or non-Government entity operating on behalf of a Government licensee, that is displaced from a frequency pursuant to this Act may be reimbursed not more than the incremental costs it incurs, in such amounts as provided in advance in appropriation Acts, that are directly attributable to the loss of the use of the frequency pursuant to this Act. Authorizes appropriations to affected licensee agencies to cover such costs. Directs the FCC to form a plan to assign the spectrum identified in the initial report pursuant to competitive bidding procedures during FY 1994 through 1996. Directs the FCC to submit to the President a plan for the distribution of the remaining reallocated frequency bands. Authorizes the President to reclaim reallocated frequencies for reassignment to Government stations. Sets forth procedures for reclaiming frequencies. Amends the Act to require the FCC to use competitive bidding for awarding all initial licenses and new construction permits, subject to specified exclusions. Outlines criteria for awarding licenses and permits under competitive bidding procedures. Prohibits licensing by lottery when competitive bidding is required.

Comprehensive Violent Crime Control Act of 1991

United States · United States Congress · 12 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 petition for 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 prejudgment 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: (1) 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; (2) destroying or seriously damaging the facilities of, or a civil aircraft not in service at, such airport; or (3) 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. 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 contact 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 Organizations 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.

To provide for a demonstration program by the Secretary of Veterans Affairs with respect to adjustable rate mortgages.

United States · United States Congress · 12 March 1991

Directs the Secretary of Veterans Affairs to carry out a demonstration project during FY 1992 and 1993, at no fewer than two or more than ten of its regional offices, for guaranteeing loans in a manner similar to the manner in which the Secretary of Housing and Urban Development insures adjustable rate mortgages under the National Housing Act. Requires a report from the Secretary to the Congress on project results, and annual reports thereafter.

Veterans Entrepreneurship Promotion Act of 1991

United States · United States Congress · 12 March 1991

Veterans Entrepreneurship Promotion Act of 1991 - Amends the Small Business Act to direct the President to establish Government-wide goals annually for procurement contracts awarded to small business concerns owned and controlled by veterans. Increases the Government-wide goals for small business participation (including veteran-owned small businesses) from 20 percent to 25 percent of the total value of all prime contract awards for each fiscal year. Mandates that: (1) the Government-wide goal for participation by small business concerns owned and controlled by veterans be at least five percent of such contract and subcontract awards; and (2) that certain reports submitted to the Small Business Administration (SBA) and to the Congress include the extent of participation in the Federal procurement process by small business concerns owned and controlled by veterans. Declares it the policy of the United States to grant small business concerns owned and controlled by veterans the maximum opportunity to participate in the performance of Federal contracts and subcontracts. Requires the Secretary of Veterans Affairs and the Administrator of the Small Business Administration (the Administrator) to implement an outreach and information dissemination program for small business concerns owned and controlled by veterans. Outlines the parameters of a loan assistance program implemented by the SBA for small businesses owned and controlled by veterans. Requires the Administrator to study and report to the Congress and the President on methods to reduce costs incurred by veterans during the loan application process. Directs the Administrator to take steps to ensure that small businesses owned by veterans have access to SBA programs providing entrepreneurial training, business development assistance, counseling, and management assistance. Authorizes the SBA to make grants for veterans' outreach programs with governmental and private sector entities. Mandates the establishment of an interagency working group to develop a comprehensive outreach program for veterans affected by reductions in armed forces personnel. Requires certain Government agencies to collect information on: (1) businesses owned and controlled by veterans; and (2) the number of such businesses that are first-time recipients of Government contracts. Amends the Small Business Economic Policy Act of 1980 to require the President to report annually to the Congress on small businesses owned and controlled by veterans and by veterans with service-connected disabilities. Directs the Administrator, the Secretary of Veterans Affairs, and the Assistant Secretary of Labor for Veterans' Employment and Training to establish an interagency working group to develop a comprehensive outreach program to assist veterans of the Persian Gulf War and veterans affected by reductions of military personnel. Amends the Small Business Act to provide for an Associate Administrator for Veterans Programs who shall be responsible for programs of assistance to small business concerns owned and controlled by veterans. Requires the SBA to enter into negotiations with any Federal agency to perform any specific Government procurement contract through the services of small businesses owned and controlled by veterans. Outlines contracting procedures. Establishes within the SBA a veterans business opportunity and development assistance program to assist exclusively small business concerns eligible under the program's parameters. Vests responsibility for the coordination and formulation of policies relating to Federal assistance to such concerns with the Associate Administrator for Veterans Programs. Restricts an individual's eligibility under the Program to business concern only. Establishes a Division of Program Certification and Eligibility in the Office of Veterans Programs. Requires the Administrator to present an annual program status report to the Congress. Establishes the National Veterans Business Council to: (1) review Federal and State initiatives relating to business concerns owned by veterans; and (2) report annually to the President and the Congress regarding private and public sector initiatives and multiyear goals for veteran-owned businesses. Terminates the Council three years after its first meeting. Amends the Small Business Act to authorize appropriations.

Expressing the sense of the Congress that the 1981 Israeli preemptive strike against the Iraqi nuclear reactor at Osirak was a legitimate and justifiable exercise of self-defense, and that the United States should seek the repeal of United Nations Security Council Resolution 487 which condemned that 1981 Israeli preemptive strike.

United States · United States Congress · 12 March 1991

Expresses the sense of the Congress that: (1) the 1981 Israeli preemptive strike against the Iraqi nuclear reactor at Osirak was a legitimate and justifiable exercise of self-defense which also reduced the threat of Iraqi nuclear aggression against countries bordering Iraq; and (2) the United States should seek the repeal of United Nations Security Council Resolution 487 which condemned the strike.

Unemployment Insurance Reform Act of 1991

United States · United States Congress · 11 March 1991

Unemployment Insurance Reform Act of 1991 - Title I: Federal Supplemental Compensation Program - Subtitle A: Establishment of Program - Establishes a Federal supplemental unemployment compensation program. Allows any State to enter into and participate in an agreement with the Secretary of Labor (the Secretary) under which the State agency which administers the State unemployment compensation law will make payments of Federal supplemental compensation: (1) to individuals who have exhausted all rights to regular compensation under State law, have no rights to such regular compensation or any additional State or Federal compensation, and are not receiving Canadian compensation; and (2) for any week of unemployment begining in the individual's eligibility period. Sets forth provisions relating to exhaustion of regular benefits and weekly amount of supplemental benefits equal to regular benefits. Requires a State, under such an agreement, to establish a Federal supplemental compensation account with respect to the benefit year of each eligible individual who file an application. Limits benefit payments to not more than the amount in the individual's account. Sets forth formulas for determining the amount in such account. Provides that such amount shall be equal to the lesser of: (1) 100 percent of the total amount of regular compensation (including dependents' allowances) payable to the individual with respect to the most recent regular benefit year; or (2) the applicable limit times the average weekly benefit amount for the benefit year. Sets the applicable limit at: (1) 26 for an eight-percent period, i.e. one triggered by a total unemployment rate (TUR) of eight percent or more in the State, seasonally adjusted, for the most recent three months with available data; (2) 18 for a seven-percent period; and (3) nine for a six-percent period. Sets forth special rules relating to such applicable limits. Coordinates the Federal supplemental compensation program with the trade readjustment allowance program under the Trade Act of 1974. Sets forth general, special, and transitional rules for supplemental benefit periods, individual eligibility periods, State on and off indicators, and a temporary national trigger. Sets forth provisions for payments to States having such agreements for Federal supplemental compensation. Sets forth reachback provisions for certain individuals' eligibility for such benefits. Sets forth provisions relating to fraud and overpayments. Subtitle B: Repeal of Extended Program - Repeals the Federal-State Extended Unemployment Act of 1970, and references to the extended unemployment compensation program (established by such Act) in the Federal Unemployment Tax Act (FUTA) provisions of the Internal Revenue Code and in the Social Security Act (SSA). Title II: Modifications to Eligibility Provisions - Amends FUTA to limit the circumstances under which individuals may be disqualified for unemployment compensation under State law. Amends specified Federal law to repeal certain limitations on payment of unemployment compensation to former members of the Armed Forces. Amends FUTA to allow optional unemployment benefits for certain school employees, by making denial of such benefits discretionary rather than mandatory. Amends FUTA with respect to the treatment of certain determinations with respect to claims for unemployment compensation benefits under State law. Amends FUTA to require State agencies administering unemployment compensation to approve any training program involving classroom training, occupational skill training, basic or remedial education, or literacy or remedial English training, in the case of any individual who has received compensation under State law for ten weeks or more during the benefit year (thus allowing such individual to receive such compensation while participating in such training). Title III: Federal Job Search Assistance - Subtitle A: General Provisions - Requires State unemployment compensation law, for purposes of approval requirements under FUTA, to: (1) require certain unemployment compensation recipients to participate in a qualified intensive job search program (the program) after receiving such compensation for ten weeks during any benefit year; (2) entitle such individuals to an intensive job search program voucher; and (3) disqualify those who do not satisfactorily participate in such program from receiving such compensation for a specified period. Makes such program requirements applicable to such recipients if, during a specified three-year period, they had at least 126 weeks of employment at wages of $30 or more a week with their last employer (or an equivalent amount computed under prescribed regulations). Sets forth exceptions to such program requirements, special rules, and program qualifications. Provides that such vouchers entitle the organization (including the State employment service) providing the program to a payment from the State agency equal to the lesser of: (1) the reasonable costs of providing the program; or (2) the average weekly benefit amount in the State. Requires Federal payments to each State's account in the Unemployment Trust Fund in an amount equal to the payments made by the State agency for such program vouchers. Provides for payments on a calendar month basis, and for certification by the Secretary. Subtitle B: Conforming Amendments - Amends FUTA to add to requirements for approval of State unemployment compensation law the requirement for individual participation in intensive job search assistance programs and entitlement to such program vouchers. Makes conforming amendments to other FUTA and SSA provisions. Amends SSA provisions relating to payments from the supplemental compensation and reemployment assistance account to add references to such programs and vouchers. Subtitle C: Effective Date - Sets forth effective dates for specified provisions of this Act. Title IV: Financing Provisions - Subtitle A: Modifications to Federal Unemployment Tax - Amends FUTA provisions related to the rate of the Federal unemployment tax. Modifies the formula for determining such rate to make such FUTA excise tax on employers equal: (1) five and four-tenths percent of the total wages paid during the calendar year with respect to employment; and (2) a specified percentage of the total Federal taxable wages paid during the calendar year with respect to employment. (Provides that such percentage shall be lowered as it is phased-in, from 0.75 percent in 1992 to 0.3 percent in 1997 and thereafter.) Makes conforming modifications to credit provisions and tax computation provisions. Subtitle B: Financing Reforms - Amends the SSA to modify provisions for Federal unemployment accounts. Provides for an increase in quarterly credits for States with adequate balances. Provides for appropriate adjustments in transfers to the Federal unemployment account. Provides for borrowing between Federal accounts, under specified circumstances, with respect to: (1) the employment security administration account; (2) the Federal unemployment account; or (3) supplemental compensation and reemployment assistance account. Amends the SSA to revise provisions for entitlement grants to States to assist in the administration of their unemployment compensation laws (including administration pursuant to agreements under any Federal unemployment compensation law). Provides for an annual aggregate payment of such a State entitlement in the sum of: (1) the basic unemployment insurance service grant; and (2) the additional workload grant. Directs the Secretary, within 12 months, to report to the Congress a proposal for revising the method of allocating grants among the States for administration of the unemployment insurance program. Prohibits the Secretary from revising such method until 12 months after such report is submitted to the Congress. Amends the SSA to establish an Advisory Council on Unemployment Compensation. Directs the Secretary to establish such a council by December 31, 1991, and every fifth year thereafter. Requires each such council to evaluate the unemployment compensation program. Sets forth membership and staff provisions. Requires each council to report to the Congress by October 1 of the year following the year in which is required to be established. Terminates each council after it submits its report. Exempts the following unemployment compensation programs from any order issued under part C of the Balanced Budget and Emergency Deficit Control Act of 1985 for FY 1992 or any succeeding fiscal year: (1) Federal supplemental compensation program payments under title I of this Act; (2) Federal job search assistance payments under title III of this Act; and (3) employment security administration payments to States under title III of the Social Security Act.

Surface Transportation Assistance Act of 1991

United States · United States Congress · 7 March 1991

Surface Transportation Assistance Act of 1991 - Title I: Federal-Aid Highway Act of 1991 - Federal-Aid Highway Act of 1991 - Authorizes appropriations out of the Highway Account of the Highway Trust Fund (HTF) for: (1) the National Highway Program; (2) the Urban and Rural Program; (3) the Bridge Program; (4) the Right-of-Way Revolving Fund; (5) emergency relief; (6) the Federal Lands Highway Program; (7) the University Transportation Centers Program; and (8) highway use tax evasion projects. Specifies that unobligated balances of funds apportioned or allocated to a State under Federal highway provisions before October 1, 1991, shall be available for obligation in such State under the law, regulations, policies, and procedures relating to the obligation and expenditure of those funds in effect on September 30, 1991. Repeals the FY 1993 authorization under the Federal-Aid Highway Act of 1956. Authorizes appropriations for Interstate construction to complete the Interstate System (IS) out of the Highway Account of the HTF for each of FY 1992 through 1995. Provides for certain allocations for Massachusetts for such fiscal years. Sets forth a formula for the apportionment of authorized funds for such fiscal years among the States. Authorizes appropriations out of the Highway Account of the HTF for highway projects for the Interstate Substitution Program. Defines the National Highway System (NHS) as: (1) the highways of the IS; (2) other urban and rural principal arterials, including toll facilities; (3) highways of the Strategic Highway Network (SHN) (defined as a network of highways that constitutes an important factor in U.S. strategic defense policy); and (4) major Strategic Highway Network Connectors (SHNCs) (which provide access from major military installations to the SHN). Makes the following activities, subject to specified conditions, eligible for funding: (1) construction; (2) operational and highway safety improvements; (3) modifications to existing facilities necessary to accommodate other modes; (4) transportation planning; (5) highway safety research and development; (6) technology transfer activities; (7) control of junkyards and outdoor advertising; (8) projects that enhance rural and urban accessibility and mobility; and (9) startup costs for traffic management and control. Specifies that: (1) designation of the NHS, other than the IS, SHN, and SHNCs, shall be by the State in cooperation with local officials; (2) in urbanized areas, local officials shall act through the designated metropolitan planning organization; (3) the NHS shall be based on a functional reclassification of roads and streets in each State which shall be designated not later than September 30, 1993, in accordance with guidelines issued by the Secretary of Transportation; and (4) the Secretary shall have the authority to approve, in whole or in part, the NHS and may add segments to the NHS as necessary to meet National Highway Program objectives. Sets forth further specifications with respect to the use of the NHS by trucks, the selection of projects by the States, and new construction or major reconstruction of NHS beltways and bypasses. Directs the Secretary to establish an Urban and Rural Program to provide a category of funds that minimizes Federal requirements and provides flexibility in the use of available funds for either highway or transit projects. Specifies eligible highways and projects. Authorizes the Secretary to approve innovative highway- and transit-related immediate action, non-capital intensive projects to help relieve congestion and transportation-related air quality problems in urbanized areas of more than 200,000 population, or projects in rural areas that respond to rural transportation problems through innovative approaches and strategies. Sets forth provisions with respect to project compliance with State and Federal requirements. Requires States to have an ongoing bridge inspection and inventory system. Directs the Secretary to set aside specified funds for Metropolitan and Rural Innovative Bonus Projects. Sets forth provisions with respect to the obligation of funds, and the Federal share of projects, for the construction of toll roads, bridges, tunnels, and ferries. Declares it to be in the vital interest of the nation that a program be established to enable the States and Federal agencies to replace and rehabilitate highway bridges over waterways, other topographical barriers, other highways, or railroads when the State or Federal agencies and the Secretary find that a bridge is important, that it is unsafe and poses a safety hazard to highway users, that its replacement or rehabilitation would minimize disruptions, delays and costs to users, or that its replacement or rehabilitation would provide more efficient routes for emergency services. Directs the Secretary to: (1) inventory all highway bridges; (2) assess each bridge from the standpoint of safety and adequacy to serve traffic, based upon level-of-service criteria set by the Secretary; (3) assign each bridge not meeting such criteria to an improvement category (i.e., replacement or rehabilitation); and (4) determine the cost of improving each bridge based on such category. Sets forth requirements and procedures for Federal participation in, and approval of, bridge replacement and rehabilitation projects. Makes funds available to the States under a Major Bridge Discretionary Program. Sets forth criteria and requirements under such program. Makes provisions of the General Bridge Act of 1946 applicable to bridges authorized to be replaced, in whole or in part, by this Act, with exceptions. Specifies the Federal share (up to 75 percent) of bridge construction. Directs the Secretary to: (1) implement programs, in a manner that encourages the inventory, retention, rehabilitation, adaptive reuse, and future study of historic bridges; and (2) require each State to complete an inventory of all bridges on and off the Federal-aid system to determine their historic significance. Makes funds available for the repair or reconstruction of highways which the Secretary finds to have suffered serious damage as the result of a natural disaster over a wide area or a catastrophic failure from any external cause in any part of the United States, subject to specified restrictions. Authorizes the Secretary to: (1) assist the territorial governments of the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands in a program for the construction and improvement of a system of arterial highways and necessary inter-island connectors designated by the Governor of each territory; and (2) provide technical assistance for the establishment of an appropriate agency to administer on a continuing basis highway planning, design, construction, and maintenance operations. Makes funds available for engineering and economic surveys and investigations, planning of future highway programs, studies of the economy, safety, and convenience and the desirable regulation and equitable taxation of highway usage, and for research and development. Establishes a coordinated Federal Lands Highways Program consisting of forest highways, park roads and parkways, and Indian reservation roads. Authorizes the Secretary to: (1) engage in research, development, and technology transfer activities on motor carrier transportation and all phases of highway planning and development; (2) enter into contracts and cooperative agreements with the National Academy of Sciences, American Association of State Highway and Transportation Officials, or any State agency, authority, organization, or person, for such purposes; (3) make grants for research fellowships for such purposes; (4) engage in research, development, technology transfer, and other activities related to Intelligent Vehicle Highway Systems; and (5) undertake on a cost-shared basis collaborative research and development with non-Federal entities. Directs the Secretary to establish and operate in the Federal Highway Administration (FHWA) a National Highway Institute to develop and administer training programs for FHWA State and local transportation and highway department employees, State and local police, public safety and motor vehicle employees, and U.S. citizens and foreign nationals engaged in highway work of interest to the United States. Sets forth provisions with respect to the Federal share of the cost of tuition and direct educational expenses. Authorizes the Secretary to carry out a transportation assistance program that will provide highway and transportation agencies in urbanized areas of 50,000 to 1,000,000 population and in rural areas with access to modern highway technology. Authorizes the Secretary to engage in activities to inform the domestic highway community of technological innovations abroad that could significantly improve highway transportation in the United States and promote U.S. highway expertise internationally, and increase transfers of U.S. highway transportation technology to foreign countries. Directs the Secretary to cooperate with State and local officials in urbanized areas in the development of transportation plans and programs which are formulated with due consideration to comprehensive long-range land use plans, development objectives, innovative financing mechanisms, overall social, economic, environmental, system performance, and energy conservation goals and objectives; and with due consideration to their probable effect on the future development of the area. Specifies that the transportation planning process, at a minimum, shall cover the existing urbanized area and the area expected to become urbanized within the forecast period, and that it may encompass the entire Metropolitan Statistical Area/Consolidated Metropolitan Statistical Area at the discretion of the Governor and the affected units of local government. Requires that transportation plans and programs in urbanized areas of more than 200,000 population be based on a continuing transportation planning process which: (1) is carried out by a metropolitan planning organization and is comprehensive to the degree appropriate based on the complexity of transportation problems in the area, including transportation-related air quality problems; and (2) considers all modes of transportation, including intermodal connectivity, the balance between future development and transportation needs, and an areawide multimodal congestion management system. Specifies that in nonattainment areas for transportation-related pollutants the multimodal congestion management system shall address air quality considerations and be coordinated with the process for development of the transportation element of the State Implementation Plan required by the Clean Air Act. Requires that the costs and impacts of proposed action on both mobility and air quality be evaluated. Bars the Secretary from approving any highway project in urbanized areas of more than 200,000 population that by reconstruction or new construction significantly increases the vehicle carrying capacity of a transportation corridor unless the project is consistent with the congestion management system. Directs the metropolitan planning organization to cooperate with the State in the development of a congestion management, bridge management, pavement management, safety management, and traffic monitoring system. Requires that: (1) a metropolitan planning organization be designated in each urbanized area by agreement among the units of general purpose local government and the Governor to carry out such transportation planning process; (2) such organization develop a transportation improvement program that includes all projects proposed for funding within the study area under the National Highway Program, the Urban and Rural Program, and the Bridge Program; and (3) in urbanized areas of 200,000 population or less, such organization, the State, and transit operators, at a minimum, meet the requirements of this Act by the development of such a transportation improvement program (including consideration of transportation-related air quality problems). Directs the Secretary to cooperate with the States in carrying out: (1) statewide transportation planning to support transportation programs and projects funded under this Act; and (2) State highway research. Sets forth provisions regarding State matching fund requirements and waiver of such requirements. Requires the States and the Federal agencies to exercise effective control of the erection and maintenance of outdoor advertising signs, displays, or devices in areas adjacent to the NHS and rural arterials located outside of urbanized areas, and of the establishment and maintenance of junkyards outside of urbanized areas adjacent to the NHS. Encourages, and authorizes the Secretary to allocate funds to, States to initiate or expand efforts for planning and program development for scenic byways. Directs the Secretary to issue guidelines for evaluation of congestion pricing measures proposed in response to air quality problems for operational tests in designated urbanized areas. Sets forth provisions regarding: (1) the availability and apportionment of funds for the various programs, including specifications of the Federal share of certain projects; (2) administration of Federal lands highways funds; (3) acquisition of rights-of-way; and (4) private, State, and local donations. Specifies that the State matching share for a project with respect to which Federal assistance is provided out of the Highway Account of the HTF may be credited with the fair market value of land incorporated into the project and lawfully donated to the State after April 2, 1987, and the fair market value of land owned by the State or a local government and incorporated into the project. Authorizes the Secretary to withhold project approvals on National Highway Program projects for failure of a State to have a bridge management, pavement management, safety management, and congestion management system. Requires each State to have such systems, as well as a traffic monitoring system to provide statistically-based traffic data. Requires any State transportation or highway department which submits plans for: (1) a National Highway Program project involving the bypassing of, or going through, any city, town, or village, to certify to the Secretary that it has had public hearings or the opportunity for hearings and has considered the economic, social, and environmental effects and its consistency with the goals and objectives of urban planning promulgated by the community; and (2) an IS project to make a similar certification to enable persons in rural areas who have property contiguous to the highway or property through which the highway will pass to express objections they may have to the proposed locations of the highway. Requires the State transportation or highway department to prepare a record of the hearing. Sets forth NHS standards which, at a minimum, enable National Highway Program projects to accommodate the types and volumes of traffic anticipated for the project for a 20-year period, with exceptions. Sets forth additional provisions with respect to: (1) sign, curb, and pavement marking and traffic signal standards; (2) highway and railroad grade crossing safety standards; (3) soil erosion guidelines; (4) consideration of economic, social, and environmental effects; and (5) highway noise level standards. Directs the Secretary: (1) to develop and promulgate guidelines to assure that highways constructed pursuant to this title are in conformity with any approved plan for the implementation of any ambient air quality standard for any air quality control region designated pursuant to the Clean Air Act, as amended; (2) not to approve projects involving bridge approaches if the project and bridge will significantly affect the traffic volume and the highway system of a contiguous State without first taking into full consideration the views of such State; and (3) not to approve projects that will result in the severance or destruction of an existing major route for nonmotorized transportation traffic and light motorcycles unless the project provides a reasonable alternative route or an alternative route exists. Requires that projects for resurfacing, restructuring, or rehabilitating any highway, other than a fully access-controlled highway, in which Federal funds participated be constructed in accordance with standards to preserve and extend the service life of highways and to enhance highway safety, and that projects on fully access-controlled highways be constructed in accordance with new construction and major reconstruction standards. Sets forth: (1) procedures for submission and approval of State transportation or highway department plans, specifications, and estimates for proposed projects; (2) alternate project procedures; and (3) provisions with respect to right-of-way agreements, including commercial use and management of rest areas, vending machines, and the use of income from right-of-way airspace. Establishes guidelines with respect to highway construction, including: (1) limitations on the use of convict labor; (2) State warranty or guarantee provisions; (3) bidding requirements; (4) wages; (5) equal employment opportunity provisions, including the prohibition of discrimination based on sex; (6) highway construction training, including training of disadvantaged businesses to achieve proficiency to compete for contracts and subcontracts; (7) Indian employment; and (8) provisions with respect to utility facilities. Makes it the duty of the State transportation or highway department to maintain NHS projects and the IS. Authorizes the Secretary to approve as an NHS project the acquisition of land adjacent to the right-of-way for the construction of carpool and other publicly-owned parking facilities, to encourage carpools, for exclusive or preferential high occupancy vehicle lanes, and to accommodate needed rail (included high speed ground transportation and magnetic levitation systems) or non-highway public mass transit facilities, subject to specified conditions. Authorizes: (1) the State to use Federal highway funds to construct improved lanes, paths, or shoulders, traffic control devices, shelters, and parking facilities for bicycles and pedestrians, and carry out nonconstruction projects related to safe bicycle and pedestrian use, subject to specified limitations; and (2) the Secretary to approve as part of highway construction the costs of landscaped and roadside development. Declares it to be Government policy that special effort should be made to preserve the natural beauty on the countryside, public park and recreation lands, wildlife and waterfowl refuges, and historic sites. Authorizes the Secretary to approve certain transportation programs or projects requiring the use of publicly-owned land of a public park, recreation area, wildlife and waterfowl refuge, or historic site only if: (1) there is no prudent and feasible alternative to using such land; and (2) the program or project includes all possible planning to minimize harm to such park, recreation area, wildlife and waterfowl refuge, or historic site resulting from such use. Authorizes the use of National Highway Program and Urban and Rural Program funds to participate in wetland mitigation banks or to contribute to statewide programs that create, conserve, or enhance wetland habitat. Authorizes the Secretary, in an emergency, to use certain Department of Transportation appropriations for medical assistance necessary for the immediate relief of FHWA employees engaged in hazardous work. Declares it to be in the national interest to utilize small business enterprises to the fullest practicable extent in highway construction. Authorizes the Secretary to provide for: (1) the construction and maintenance of defense access roads (including bridges, tubes, and tunnels) to military reservations, defense industries and industry sites, and the sources of raw material when the roads are certified to the Secretary as important to the national defense; and (2) necessary reconstruction of the Alaska-Canada International Highway. Directs the Secretary to report to specified committees periodically regarding the condition and performance of the existing system and estimates of the future highway and bridge needs of the nation, including the results of studies of the air quality impacts of transportation programs. Authorizes the Secretary to carry out experimental programs which allow the FHWA and the States to demonstrate innovative and nontraditional design, construction, and management practices, or both, for highway projects while utilizing a competitive process for selection of contractors. Directs the Secretary to evaluate such projects and report on the results. Transfers funds made available for transit projects under this Act or under Federal highway provisions to, and for administration by, the Mass Transportation Administration. Lists Federal highway provisions, as amended by this Act, which are designed to promote clean air, such as: (1) the Research and Technology Program (to enable States to more effectively assess environmental impacts and the effectiveness of mitigation strategies); (2) the Urbanized Area Planning Program (requiring consideration of long-range land use plans, development objectives, and overall social, economic, and environmental impacts; consideration of all modes of transportation, including intermodal connectivity; and development of a multimodal congestion management system); (3) a right-of-way airspace provision permitting the use of income from such right-of-way without charge for high speed rail, magnetic levitation systems, and other transit use; and (4) provisions permitting bicycle and pedestrian projects with National Highway, Urban and Rural, and Federal Lands Highways Program funds. Waives matching fund requirements of qualifying projects between October 1, 1991 and September 30, 1993. Specifies that the Federal share shall be the percentage of the construction costs as the State transportation or highway department requests, up to 100 percent, but that the total amount of increased Federal share per fiscal year which may be obligated for qualifying projects in any State shall not be greater than 25 percent of the total amounts apportioned for the National Highway, Urban and Rural, and Bridge Programs in FY 1992. Requires States to repay the total amount of increases in the Federal share on or before March 30, 1994. Repeals provisions of the Federal-Aid Highway Act of 1978 prohibiting the expenditure of Federal funds for highway signs relating to speed limit, distance, or other measurement solely using the metric system. Sets forth limitations on obligations for Federal-aid highway program for FY 1992 through 1996 and provisions regarding the redistribution of unused obligation authority. Title II: Highway Safety Act of 1991 - Highway Safety Act of 1991 - Authorizes appropriations out of the Highway Account of the HTF for: (1) FHWA highway safety programs; (2) National Highway Traffic Safety Administration (NHTSA) highway safety programs and highway safety research and development; (3) a National Driver Register; (4) traffic and motor vehicle safety programs; and (5) motor vehicle information and cost saving programs. Directs the Secretary to periodically conduct a rulemaking to determine those programs most effective in reducing highway crashes, injuries, and deaths. Specifies that: (1) any rule issued pursuant to such rulemaking shall be developed in cooperation with the States; and (2) when such a rule takes effect, only the programs established by the rule as most effective in reducing highway crashes, injuries, and deaths shall be eligible to receive Federal financial assistance. Requires the State highway safety agency to coordinate its highway safety plan with the motor carrier safety plan developed under this Act. Directs each State to submit to the Secretary such speed-related data as the Secretary determines is necessary for each 12-month period ending on September 30, including data on citations and travel speeds on public highways with speed limits posted at or above 55 miles per hour (mph). Specifies that: (1) the annual apportionment to the Secretary of the Interior (for Indians in identified areas) shall not be less than three-quarters of one percent of the total apportionment of funds to the States; and (2) the Federal share for highway safety programs shall not exceed 60 percent of the total program costs, with exceptions. Authorizes the Secretary to award safety bonus funds to States that take specific actions to advance highway safety. Establishes criteria and eligibility requirements for, and formulas for determining the amount of, alcohol, safety belt use, and fatality rate bonuses and other safety bonuses (such as having programs that emphasize pedestrian, bicycle, and motorcycle safety; provision for a lead agency at the State level for emergency medical services with adequate powers and equipment; and public information and education programs on significant highway safety problems). Requires the Secretary to periodically report to the Congress on the States' efforts to qualify for safety bonus funds. Authorizes the Secretary to: (1) engage in research on all phases of highway safety and traffic conditions, including the effect thereon on State laws and activities related to Intelligent Vehicle Highway Systems; (2) test, develop, or assist in the testing and development of any material, invention, patented article, or progress; (3) use appropriated funds for training or education of highway safety personnel, research fellowships in highway safety, development of improved accident investigation procedures, emergency service plans, demonstration projects, and related research and development activities; and (4) carry out safety research on the relationship between the consumption and use of drugs and their effect upon highway safety and drivers of motor vehicles, driver behavior research, and biomechanics research. Authorizes the Secretary to: (1) undertake, on a cost-shared basis, collaborative research and development with non-Federal entities; and (2) enter into cooperative research and development agreements, except that the Secretary may agree to provide not more than 70 percent of the cost of any such research and development project and must establish a procedure to consider the views of experts and the public concerning the project areas. Bars a State from having: (1) a maximum speed limit on any public highway within its jurisdiction in excess of 55 mph other than on a highway on the IS located outside of an urbanized area; and (2) a maximum speed limit of 65 mph on any highway within its jurisdiction on the IS located outside of an urbanized area, or under other specified circumstances. Requires each State to annually certify to the Secretary that it is enforcing all speed limits on public highways, after considering the speed-related data it submits to the Secretary. Bars the Secretary from approving projects in any State which has failed to make such certification. Requires the Secretary to withhold ten percent of National Highway, and Urban and Rural, Program funds apportioned to any State on the first day of each fiscal year in which the purchase or public possession in such State of any alcoholic beverage by a person who is less than 21 years of age is lawful. Provides for apportionment of withheld funds to other States which are in compliance with such provision. Requires that all facts contained in any report of a Federal department, agency, officer, employee, or agent relating to a highway traffic crash or investigation be made available for use in any civil, criminal, or other judicial proceeding arising out of the crash. Specifies that: (1) any such officer, employee, or agent may be required to testify in such proceedings as to the facts developed in the investigation; and (2) this and other specified reports shall be made to the public in a manner which does not identify individuals. Directs the Secretary to establish and maintain a National Driver Register to assist chief driver licensing officials of participating States in exchanging information regarding the motor vehicle driving records of individuals. Sets forth provisions with respect to: (1) the contents of such Register; (2) responsibility for accuracy of information; (3) cut-off dates for maintaining information; (4) State participation in the Register; (5) reports by such officials to the Secretary; and (6) accessibility of Register information. Establishes: (1) criminal penalties for unauthorized disclosure of such information and for requesting and obtaining Register information under false pretenses; and (2) a National Driver Register Advisory Committee. Authorizes appropriations out of the Highway Account of the HTF to carry out highway and alcohol safety programs under the safety bonus provisions of this Act. Makes such funds available until expended and not subject to any obligation limitation for State and community highway safety programs. Requires the Secretary to establish: (1) national bridge inspection standards for the proper safety inspection and evaluation of all highway bridges; and (2) a program designed to train governmental employees to carry out highway bridge inspections. Bars the admission into evidence (or use for other purposes) in Federal or State court of reports and surveys compiled to identify, evaluate, or plan the safety enhancement of potential accident sites, hazardous roadway conditions, or railway-highway crossings, for the purpose of developing any highway safety construction improvement project which may be implemented utilizing Federal highway funds. Sets forth provisions regarding the use of automotive crash test dummies. Repeals the annual report requirement of the Highway Safety Act of 1966. Title III: Motor Carrier Act of 1991 - Motor Carrier Act of 1991 - Authorizes appropriations out of the Highway Account of the HTF for the Motor Carrier Safety Assistance Program and for the motor carrier safety functions of the FHWA. Prohibits States from enacting or enforcing laws denying reasonable access to commercial motor vehicles between the NHS and terminals, facilities for food, fuel, repairs, and rest, and points of loading and unloading for household good carriers and for any truck tractor-semitrailer combination in which the semitrailer has a length not to exceed 28 1/2 feet and which generally operates as part of a specified vehicle combination, with exceptions (but allows State or local governments to impose reasonable restrictions, based on safety considerations, on any such combination). Bars States from establishing, maintaining, or enforcing any regulation of commerce which imposes a vehicle length limitation of less than 48 feet on the length of the semitrailer unit operating in a truck tractor-semitrailer combination, and of less than 28 feet on the length of any semitrailer and trailer operating in such a combination, on any segment of the NHS. Sets forth: (1) additional provisions with respect to semitrailer and trailer combinations, and truck tractors; and (2) NHS segment exemptions (and procedures), such as where the Governor of a State transmits to the Secretary notification of specific evidence of safety problems. Sets forth analogous provisions limiting commercial motor vehicle width to 102 inches on NHS segments. Directs the Secretary: (1) within 12 months, to conduct a review of information systems utilized by one or more States or jurisdictions pertaining to the collection of and accounting for fees and taxes for vehicle registration, motor fuel use, or other purposes; (2) within 24 months, to establish an information system to serve as a clearinghouse and depository of information pertaining to the collection of and accounting for fees for registering commercial motor vehicles and taxes charged by States for motor fuel used by such vehicles, with the maintenance of the system to be supported by user fees; and (3) to establish standards to ensure uniform data collection and reporting by all States. Makes funds available for such purpose. Authorizes the Secretary to make grants to States: (1) for the development and implementation of a program to register and collect commercial motor vehicle fuel taxes according to standards established under this title; and (2) to carry out a project to demonstrate methods of linking safety fitness of the registrant or the motor carrier responsible for the operation of the commercial motor vehicle when registering such vehicle. Makes funds available for such purposes. Authorizes the Secretary to promulgate regulations barring States from registering commercial motor vehicles under the standards established under this title if the State or Secretary determines that the registrant or the motor carrier responsible for the operation of such vehicle has not demonstrated the safety fitness required to operate such vehicle. Authorizes and directs the Attorney General to institute a civil action for injunctive relief that may be appropriate to assure compliance with provisions under this title. Authorizes the court to issue specified injunctive relief as appropriate. Authorizes the Secretary to make grants to States (including the District of Columbia and the U.S. territories) for the development and implementation of programs for the enforcement of Federal rules, regulations, standards, and orders applicable to commercial motor vehicle safety, vehicle size, and maximum weight, and commercial motor vehicle awareness and enforcement, and compatible State rules, regulations, standards, and orders. Directs the Secretary to formulate procedures for a State to submit a plan where the State agrees to adopt, and assume responsibility for, enforcing such Federal rules. Sets forth requirements for State plans, including ensuring that the State will devote adequate resources for administering the plan and providing a right of entry and inspection to carry out the plan. Directs the Secretary to: (1) reject any State plan that does not provide that the aggregate expenditure of funds of the State and political subdivisions for commercial motor vehicle safety, drug awareness and enforcement, and size and weighing activities will be maintained at a level that does not fall below the average level of expenditures in such State for the last full fiscal year; (2) make a continuing evaluation of the manner in which each State is carrying out its State plan; and (3) withdraw approval under appropriate circumstances (subject to specified procedures and judicial review). Authorizes the Secretary to reimburse a State up to 75 percent of the costs incurred by such State in the development and implementation of programs for the enforcement of such rules, regulations, standards, and orders, and up to 100 percent of such costs if the Secretary determines that such programs are particularly beneficial to all jurisdictions. Sets forth additional provisions with respect to deductions of funds for administration, allocation criteria, the availability, release, and reallocation of funds, obligation of funds, and payments to States. Prohibits States, political subdivisions, or interstate agencies from enacting or enforcing laws or rules relating to interstate or intrastate rates, routes, or services of any motor carrier providing transportation of passengers or property in interstate commerce, or the leasing, rental, or other sourcing of commercial drivers and motor vehicles by interstate motor carriers. Directs the Secretary to issue regulations to establish uniform standards for: (1) the registration of commercial motor vehicles; and (2) the collection and distribution of taxes charged by States for motor fuel used by such vehicles (which, at a minimum, provide for single base State collection with proportional sharing of the motor fuel taxes charged within the States where the commercial motor vehicle is operated, reciprocity among the agreeing States, and uniform, simplified tax reporting requirements). Bars any State from having in effect or enforcing a law or regulation which: (1) limits operation of any commercial motor vehicle within its borders by reason of such vehicle's not being registered in the State when it is registered in another State; and (2) imposes a tax upon the use of motor fuel by commercial motor vehicles, except as may be imposed upon the purchase of fuel within such State, unless the State is in compliance with the requirements established under this title. Authorizes the Secretary to promulgate regulations to establish uniform standards for the collection and distribution of taxes and fees exclusively associated with the purchase, use, and operation of commercial motor vehicles. Sets forth provisions regarding State vehicle size and weight limitations, including a formula for the maximum gross weight to be allowed by any State for vehicles using the IS. Repeals: (1) various provisions of the Surface Transportation Assistance Act of 1982, including provisions regarding grants for enforcement programs for commercial motor vehicle safety, length and width limitations, and access to the IS, as well as certain unobligated authorizations; and (2) provisions relating to required State registration of operating authority granted by the Interstate Commerce Commission (ICC). Revises Federal provisions with respect to the registration of motor carriers by a State to prohibit any State from requiring an interstate private or former motor carrier or interstate broker of property to prove the lawfulness of specified interstate transportation activity, such as requiring such carrier or broker to: (1) file and maintain a certificate or permit issued to such carrier or broker by the ICC; (2) register more vehicles operated under such a certificate or permit; (3) display or carry on any vehicle any means of identification evidencing the lawfulness of such transportation activity; or (4) pay a fee or a tax with respect to such activities. Title IV: Federal Mass Transportation Act of 1991 - Federal Mass Transportation Act of 1991 - Amends Federal law to rename the Urban Mass Transportation Administration of the Department of Transportation the Mass Transportation Administration. Amends the Urban Mass Transportation Act of 1964 (the Act) to make the following projects eligible to receive discretionary capital grants under the Act: (1) public highways (other than those functionally classified as local or rural minor collectors); (2) the deployment of innovative techniques and methods in the management and operation of public transportation services; and (3) mass transportation services to meet the special needs of elderly and handicapped persons. Authorizes the obligation of such grants for full funding contracts. Revises the eligibility criteria for discretionary capital grants or loans for construction of new fixed guideway systems to provide that such systems: (1) be based upon a thorough assessment of the feasibility of using a variety of innovative financing mechanisms as well as its overall capital plan; and (2) are included in a specified report. Authorizes appropriations for FY 1992 through 1996. Prohibits the Secretary of Transportation (Secretary) from approving an application for discretionary capital grants or loans for the construction of highway transportation projects unless an authorization is made for the fiscal year in which such application is being sought. Authorizes the Secretary to approve innovative highway- and transit-related, immediate action, noncapital-intensive projects to help relieve congestion and transportation-related air quality problems in certain urbanized areas or projects in rural areas that respond to rural transportation problems through innovative approaches and strategies. Sets forth project requirements. Changes from 75 percent to no more than 60 percent the Federal share of net costs for highway transportation projects, except for construction of a new fixed guideway system and extension to a fixed guideway system which shall be up to 50 percent of net project cost. Declares that it is in the national interest to encourage and promote the development of transportation systems that will effectively serve the States and local communities. Directs the Secretary to cooperate with State and local officials in urbanized areas in the development of transportation programs which are based upon long-range land use plans and economical and environmental concerns, including their probable effect on the future development of the area. Requires a metropolitan planning organization to be designated in each urbanized area to develop a transportation improvement program. Authorizes the Secretary to contract for and make grants to States and local agencies, or enter into working agreements with other Federal agencies, for the planning, engineering, design, and evaluation of public transportation projects, and for other technical studies. Makes a specified amount of block grant transportation funds available based on a specified formula for expenditure in certain urbanized areas. Eliminates certain percentage requirements from such formula based grants. Requires recipients of such grants to assure that the proposed program of transportation projects provides for the maximum feasible coordination of public transportation services assisted under the Act with transportation services assisted by other Federal sources. Revises eligibility requirements with respect to such grants. Changes from 80 percent to no more than 60 percent the Federal share of net costs for construction of transportation projects, except for noncapital expenses which shall be 50 percent of net project cost. Authorizes the Secretary, in lieu of the Federal environmental review procedures under the National Environmental Policy Act of 1969, to approve projects by recipients of assistance under the Act who assume responsibilities for environmental review, decisionmaking, and other action that would apply to the Secretary if such projects were undertaken as Federal projects. Requires each recipient to submit a certain annual certification with respect to the approval of such projects. Includes research on transportation safety as a responsibility of each university transportation center established under the Act. Requires the Secretary to coordinate the research, education, training, and technology transfer in such centers, the dissemination of the results of the research, and a clearinghouse between the centers and the transportation industry. Directs the Secretary to make grants to universities to establish three additional National Centers for Transportation Management, Research, and Development as a means to accelerate the involvement of minorities and women in transportation-related professions, particularly in the science, technology, and engineering disciplines. Authorizes the Secretary to make funds that are appropriated to the Department of Transportation for transportation research available to one or more of the centers for research that is compatible with the research conducted in such centers pursuant to authorizations under the Act or the HTF. Authorizes the Secretary to transfer facilities and equipment that are acquired by a recipient of Federal transportation funds and are no longer needed by the recipient to any public body to be used for any public purpose for no less than five years after such transfer. Sets forth specified determinations to be made by the Secretary with respect to the transfer of such assets for purposes other than for mass transportation. Requires funds that are available under the Act for public highway projects to be transferred to the FHWA. Requires construction employees who work on transportation construction projects in excess of $250,000 to be paid wages at rates not less than those prevailing on similar construction in the locality. Prohibits any person from dividing any project into contracts of $250,000 or less if such project would not have been divided but for avoiding such minimum wage rate requirement. Revises provisions of the Act relating to Federal transportation assistance for mass transportation projects that meet the special needs of elderly persons and individuals with disabilities. Changes from 95 percent to no more than 60 percent the Federal share of net costs for such projects. Authorizes the Governor of a State to allocate certain Federal transportation funds for construction of highway projects to certain urbanized areas. Requires the Secretary to evaluate the performance of each Governor in allocating such funds every three years. Limits the amount of formula based grants for transportation projects in nonurbanized areas that may be used for operating assistance. Changes from 80 percent to no more than 60 percent the Federal share of net costs for public transportation construction projects in nonurbanized areas. Makes public highways (other than those functionally classified as local or rural minor collectors) eligible construction projects to receive Federal transportation formula based grants for nonurbanized areas provided specified conditions are met. Authorizes States to transfer facilities and equipment acquired with such assistance to recipients eligible to receive assistance under this Act so long as such assets continue to be used for transportation purposes. Authorizes the Secretary to retain funds returned to him or her in connection with grants or contracts for human resources projects that involve public transportation. Authorizes appropriations from the Mass Transit Account of the HTF for FY 1992 through 1996 for mass transportation projects. Sets forth a formula for allocation of such funds. Authorizes the Secretary to issue regulations requiring as a condition to receiving mass transportation assistance that a recipient certify that it has established alcohol and drug abuse control and testing programs for itself or for its workers who are involved in safety sensitive functions. Prohibits the Secretary from using more than three-quarters of one percent (currently, one-half of one percent) of funds for mass transportation projects to contract with persons to oversee the construction of such projects. Earmarks one-third of the funds appropriated from the Mass Transit Account of the HTF for grants or contracts for mass transportation projects. Authorizes the Secretary to charge and retain fees, tuition, or other related amounts resulting from conferences, seminars, and training sessions for the development of transit technology. Authorizes the Secretary to establish a program of transit technology development. Directs the Secretary to establish an Industry Technical Panel consisting of representatives of transportation suppliers and operators and others involved in technology development to assist him or her in the identification of priority technology development areas and in establishing guidelines for project development, project cost sharing, and project execution. Allocates on a specified formula funds from the HTF for State and local transit cooperative research and planning programs. Title V: Highway Revenue Act of 1991 - Highway Revenue Act of 1991 - Extends for three years: (1) HTF taxes and related exemptions; and (2) HTF appropriations and authorizations. Makes amounts in the Highway Account of the HTF available for specified traffic safety and cost savings programs. Makes conforming amendments to the Land and Water Conservation Fund Act of 1965. Amends the Internal Revenue Code to: (1) reduce Federal gasoline, and diesel and special motor fuels, taxes; and (2) reduce the amount transferred by the Secretary of the Treasury to the Mass Transit Account as the mass transit portion of the amount appropriated to the HTF which are attributable to taxes under the Code imposed after March 31, 1983.

A bill to provide for the payment of a special pay differential to a Federal employee serving on active duty as a member of a reserve component of the Armed Forces during the Persian Gulf Conflict to compensate for any decrease in pay experienced during the period of that military service.

United States · United States Congress · 7 March 1991

Entitles executive agency civilian employees ordered to active duty as a member of a reserve component of the armed forces during the Persian Gulf Conflict to special pay equal to the amount by which their final civilian pay exceeds their military pay.

A bill to withhold United States military assistance for El Salvador, subject to certain conditions.

United States · United States Congress · 7 March 1991

Expresses the sense of the Congress that the United States shall use diplomacy to encourage the Government of El Salvador and the Farabundo Marti National Liberation Front (FMLN) to: (1) participate in good-faith negotiations to achieve a cease-fire and permanent settlement of the conflict in El Salvador; (2) adhere to the terms of agreements signed in Geneva, Switzerland, Caracas, Venezuela, and San Jose, Costa Rica; and (3) support the role of the Secretary General of the United Nations in advancing proposals on the outstanding issues defined in the Caracas Accords to resolve the conflict. Withholds from El Salvador unobligated military assistance for FY 1991 and prior fiscal years and military assistance allocated for FY 1992 and 1993 until the Congress enacts a joint resolution authorizing the provision of such assistance and the President reports to the Congress that: (1) those responsible for ordering and carrying out, or obstructing the investigation into, the November 1989 murders of certain priests and civilians have been apprehended and brought to justice; (2) internationally recognized workers' rights have been extended to Salvadoran workers; (3) the El Salvadoran Government has pursued legal avenues to bring to trial and obtain verdicts for those responsible for the murders of Archbishop Romero and certain land reformers and for the bombings of the FENASTRAS headquarters; (4) the El Salvadoran Government is complying with international standards of respect for humanitarian and medical workers; (5) steps have been taken to place the El Salvadoran military under the control of the civilian government; (6) the El Salvadoran Government is negotiating to achieve a cease-fire and a settlement of the conflict and has not rejected a plan for the settlement of the conflict put forth by the United Nations Secretary General; and (7) the El Salvadoran Government, through its military and security forces, has not engaged in assassinations of, or acts of violence against, civilians and has not failed to control such activities by elements subject to the control of such forces. Prohibits funding for: (1) the stationing of U.S. military personnel in El Salvador as trainers or advisors to the El Salvadoran armed forces; and (2) the financing of covert operations in El Salvador or for covert military assistance to the El Salvadoran Government. Establishes the Demobilization, Transition, and Reconstruction Fund to assist with the cost of monitoring a permanent settlement of the conflict, the demobilization of combatants in the conflict and their transition to peaceful pursuits, and the reconstruction of El Salvador. Makes the Fund available only upon the President's notification to the Congress that the El Salvadoran Government and the FMLN have reached a permanent settlement to the conflict. Requires the President, upon notification of a permanent settlement or on September 30, 1992, if no notification has occurred prior to such date, to transfer withheld military assistance to the Fund. Prohibits economic support fund (ESF) assistance from being obligated as balance-of-payments or cash assistance for El Salvador. Makes ESF assistance for El Salvador available only for projects for child nutrition, health, clean water, basic education, agrarian reform, resettling refugees, and other human needs of the people of El Salvador. Requires such assistance to be used only for programs implemented solely by civilian agencies. Subjects ESF assistance for El Salvador to reprogramming notifications under the Foreign Assistance Act of 1961.

Federal Facility Compliance Act of 1991

United States · United States Congress · 7 March 1991

Federal Facility Compliance Act of 1991 - Requires Federal agencies to perform assessments of hazardous substance releases from solid waste management units at each hazardous substance treatment, storage, or disposal facility owned or operated by such agencies after November 19, 1980. Requires such assessments to indicate whether such facilities are in compliance with specified environmental laws and to be provided to the Environmental Protection Agency (EPA) and to States in which such facilities are located. Directs the EPA Administrator to inspect such facilities annually to enforce compliance with such laws. Requires such inspections to include an analysis of groundwater monitoring. Makes inspection records available to the public. Requires Federal agencies owning or operating such facilities to reimburse the EPA for inspection costs. Amends the Solid Waste Disposal Act to waive sovereign immunity for Federal agencies with respect to certain requirements under such Act. Makes Federal employees subject to criminal sanctions under Federal or State solid or hazardous waste laws. Permits Federal agencies to: (1) represent or expend funds to represent an employee in State criminal proceedings if the actions for which representation were requested appear to have been performed within the scope of the employee's employment; and (2) reimburse an employee for defense costs in Federal criminal proceedings if actions were performed within such scope. Authorizes the Administrator to commence enforcement actions against Federal agencies pursuant to this Act.

A bill to require a modification of the criteria applicable to the selection of military installations for closure and realignment under the Defense Base Closure and Realignment Act of 1990.

United States · United States Congress · 7 March 1991

Modifies the criteria under the Defense Base Closure and Realignment Act of 1990 with respect to the selection of military installations for closure or realignment to include a determination of the extent to which a proposed closure or realignment is consistent with a fair allocation across the United States of the economic burden of base closures and realignments.

A bill to amend chapter 19 of title 38, United States Code, to provide an additional amount of Servicemen's Group Life Insurance for death in combat, to direct the Secretary of Veterans Affairs to pay a death gratuity to certain survivors of members of the uniformed services who die in the Persian Gulf combat zone, and for other purposes.

United States · United States Congress · 7 March 1991

Amends Federal veterans' benefits provisions relating to the provision of Servicemen's Group Life Insurance (SGLI) to veterans to provide that any such policy shall automatically insure a member of the armed forces on active duty against a death in combat. Provides that the amount of such insurance shall be $200,000 unless the member elects not to be so insured or to be insured for a lesser amount evenly divisible by $10,000. States that such insurance is in addition to the regular amount of insurance provided under SGLI, but provides that the total of such insurance may not exceed $200,000. Requires the Secretary of Veterans Affairs to ensure that each eligible individual is notified of and afforded the opportunity to increase his or her coverage. Directs the Secretary to pay to the beneficiary of each member of the armed forces who dies as a result of illness or injuries incurred or aggravated during the Persian Gulf War a death gratuity of $200,000 less the amount payable to such member under current SGLI provisions. Requires the beneficiary to apply for such gratuity within one year of the death of the member.

A resolution to encourage the President of the United States to confer with the sovereign state of Kuwait, countries of the coalition or the United Nations to establish an International Criminal Court or an International Military Tribunal to try and punish all individuals, including President Saddam Hussein, involved in the planning or execution of crimes against peace, war crimes, and crimes against humanity as defined under international law.

United States · United States Congress · 7 March 1991

Calls for the President to: (1) confer with Kuwait, other member nations of the coalition against Iraq, or the United Nations to establish an International Criminal Court or an International Military Tribunal to try and punish all individuals, including Saddam Hussein, involved in the planning or execution of specified war crimes and crimes against humanity in violation of international law; and (2) seek prompt and effective U.N. Security Council action to stop the use of chemical weapons and to punish those responsible.

War Crimes Act of 1991

United States · United States Congress · 7 March 1991

War Crimes Act of 1991 - Directs the President to appoint an independent counsel to: (1) investigate whether offenses against the United States or the law of nations by Iraq or its leaders took place during the recent military occupation of Kuwait; and (2) if such counsel determines that such offenses took place, prosecute (subject to presidential approval) such offenses in any court, domestic or international.

Surface Transportation Assistance Act of 1991

United States · United States Congress · 7 March 1991

Surface Transportation Assistance Act of 1991 - Title I: Federal-Aid Highway Act of 1991 - Federal-Aid Highway Act of 1991 - Authorizes appropriations out of the Highway Account of the Highway Trust Fund (HTF) for: (1) the National Highway Program; (2) the Urban and Rural Program; (3) the Bridge Program; (4) the Right-of-Way Revolving Fund; (5) emergency relief; (6) the Federal Lands Highway Program; (7) the University Transportation Centers Program; and (8) highway use tax evasion projects. Specifies that unobligated balances of funds apportioned or allocated to a State under Federal highway provisions before October 1, 1991, shall be available for obligation in such State under the law, regulations, policies, and procedures relating to the obligation and expenditure of those funds in effect on September 30, 1991. Repeals the FY 1993 authorization under the Federal-Aid Highway Act of 1956. Authorizes appropriations for Interstate construction to complete the Interstate System (IS) out of the Highway Account of the HTF for each of FY 1992 through 1995. Provides for certain allocations for Massachusetts for such fiscal years. Sets forth a formula for the apportionment of authorized funds for such fiscal years among the States. Authorizes appropriations out of the Highway Account of the HTF for highway projects for the Interstate Substitution Program. Defines the National Highway System (NHS) as: (1) the highways of the IS; (2) other urban and rural principal arterials, including toll facilities; (3) highways of the Strategic Highway Network (SHN) (defined as a network of highways that constitutes an important factor in U.S. strategic defense policy); and (4) major Strategic Highway Network Connectors (SHNCs) (which provide access from major military installations to the SHN). Makes the following activities, subject to specified conditions, eligible for funding: (1) construction; (2) operational and highway safety improvements; (3) modifications to existing facilities necessary to accommodate other modes; (4) transportation planning; (5) highway safety research and development; (6) technology transfer activities; (7) control of junkyards and outdoor advertising; (8) projects that enhance rural and urban accessibility and mobility; and (9) startup costs for traffic management and control. Specifies that: (1) designation of the NHS, other than the IS, SHN, and SHNCs, shall be by the State in cooperation with local officials; (2) in urbanized areas, local officials shall act through the designated metropolitan planning organization; (3) the NHS shall be based on a functional reclassification of roads and streets in each State which shall be designated not later than September 30, 1993, in accordance with guidelines issued by the Secretary of Transportation; and (4) the Secretary shall have the authority to approve, in whole or in part, the NHS and may add segments to the NHS as necessary to meet National Highway Program objectives. Sets forth further specifications with respect to the use of the NHS by trucks, the selection of projects by the States, and new construction or major reconstruction of NHS beltways and bypasses. Directs the Secretary to establish an Urban and Rural Program to provide a category of funds that minimizes Federal requirements and provides flexibility in the use of available funds for either highway or transit projects. Specifies eligible highways and projects. Authorizes the Secretary to approve innovative highway- and transit-related immediate action, non-capital intensive projects to help relieve congestion and transportation-related air quality problems in urbanized areas of more than 200,000 population, or projects in rural areas that respond to rural transportation problems through innovative approaches and strategies. Sets forth provisions with respect to project compliance with State and Federal requirements. Requires States to have an ongoing bridge inspection and inventory system. Directs the Secretary to set aside specified funds for Metropolitan and Rural Innovative Bonus Projects. Sets forth provisions with respect to the obligation of funds, and the Federal share of projects, for the construction of toll roads, bridges, tunnels, and ferries. Declares it to be in the vital interest of the nation that a program be established to enable the States and Federal agencies to replace and rehabilitate highway bridges over waterways, other topographical barriers, other highways, or railroads when the State or Federal agencies and the Secretary find that a bridge is important, that it is unsafe and poses a safety hazard to highway users, that its replacement or rehabilitation would minimize disruptions, delays and costs to users, or that its replacement or rehabilitation would provide more efficient routes for emergency services. Directs the Secretary to: (1) inventory all highway bridges; (2) assess each bridge from the standpoint of safety and adequacy to serve traffic, based upon level-of-service criteria set by the Secretary; (3) assign each bridge not meeting such criteria to an improvement category (i.e., replacement or rehabilitation); and (4) determine the cost of improving each bridge based on such category. Sets forth requirements and procedures for Federal participation in, and approval of, bridge replacement and rehabilitation projects. Makes funds available to the States under a Major Bridge Discretionary Program. Sets forth criteria and requirements under such program. Makes provisions of the General Bridge Act of 1946 applicable to bridges authorized to be replaced, in whole or in part, by this Act, with exceptions. Specifies the Federal share (up to 75 percent) of bridge construction. Directs the Secretary to: (1) implement programs, in a manner that encourages the inventory, retention, rehabilitation, adaptive reuse, and future study of historic bridges; and (2) require each State to complete an inventory of all bridges on and off the Federal-aid system to determine their historic significance. Makes funds available for the repair or reconstruction of highways which the Secretary finds to have suffered serious damage as the result of a natural disaster over a wide area or a catastrophic failure from any external cause in any part of the United States, subject to specified restrictions. Authorizes the Secretary to: (1) assist the territorial governments of the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands in a program for the construction and improvement of a system of arterial highways and necessary inter-island connectors designated by the Governor of each territory; and (2) provide technical assistance for the establishment of an appropriate agency to administer on a continuing basis highway planning, design, construction, and maintenance operations. Makes funds available for engineering and economic surveys and investigations, planning of future highway programs, studies of the economy, safety, and convenience and the desirable regulation and equitable taxation of highway usage, and for research and development. Establishes a coordinated Federal Lands Highways Program consisting of forest highways, park roads and parkways, and Indian reservation roads. Authorizes the Secretary to: (1) engage in research, development, and technology transfer activities on motor carrier transportation and all phases of highway planning and development; (2) enter into contracts and cooperative agreements with the National Academy of Sciences, American Association of State Highway and Transportation Officials, or any State agency, authority, organization, or person, for such purposes; (3) make grants for research fellowships for such purposes; (4) engage in research, development, technology transfer, and other activities related to Intelligent Vehicle Highway Systems; and (5) undertake on a cost-shared basis collaborative research and development with non-Federal entities. Directs the Secretary to establish and operate in the Federal Highway Administration (FHWA) a National Highway Institute to develop and administer training programs for FHWA State and local transportation and highway department employees, State and local police, public safety and motor vehicle employees, and U.S. citizens and foreign nationals engaged in highway work of interest to the United States. Sets forth provisions with respect to the Federal share of the cost of tuition and direct educational expenses. Authorizes the Secretary to carry out a transportation assistance program that will provide highway and transportation agencies in urbanized areas of 50,000 to 1,000,000 population and in rural areas with access to modern highway technology. Authorizes the Secretary to engage in activities to inform the domestic highway community of technological innovations abroad that could significantly improve highway transportation in the United States, promote U.S. highway expertise internationally, and increase transfers of U.S. highway transportation technology to foreign countries. Directs the Secretary to cooperate with State and local officials in urbanized areas in the development of transportation plans and programs which are formulated with due consideration to comprehensive long-range land use plans, development objectives, innovative financing mechanisms, overall social, economic, environmental, and system performance, energy conservation goals and objectives and with due consideration to their probable effect on the future development of the area. Specifies that the transportation planning process, at a minimum, shall cover the existing urbanized area and the area expected to become urbanized within the forecast period, and that it may encompass the entire Metropolitan Statistical Area/Consolidated Metropolitan Statistical Area at the discretion of the Governor and the affected units of local government. Requires that transportation plans and programs in urbanized areas of more than 200,000 population be based on a continuing transportation planning process which: (1) is carried out by a metropolitan planning organization and is comprehensive to the degree appropriate based on the complexity of transportation problems in the area, including transportation-related air quality problems; and (2) considers all modes of transportation, including intermodal connectivity, the balance between future development and transportation needs, and an areawide multimodal congestion management system. Specifies that in nonattainment areas for transportation-related pollutants the multimodal congestion management system shall address air quality considerations and be coordinated with the process for development of the transportation element of the State Implementation Plan required by the Clean Air Act. Requires that the costs and impacts of proposed action on both mobility and air quality be evaluated. Bars the Secretary from approving any highway project in urbanized areas of more than 200,000 population that by reconstruction or new construction significantly increases the vehicle-carrying capacity of a transportation corridor unless the project is consistent with the congestion management system. Directs the metropolitan planning organization to cooperate with the State in the development of a congestion management, bridge management, pavement management, safety management, and traffic monitoring system. Requires that: (1) a metropolitan planning organization be designated in each urbanized area by agreement among the units of general purpose local government and the Governor to carry out such transportation planning process; (2) such organization develop a transportation improvement program that includes all projects proposed for funding within the study area under the National Highway Program, the Urban and Rural Program, and the Bridge Program; and (3) in urbanized areas of 200,000 population or less, such organization, the State, and transit operators, at a minimum, meet the requirements of this Act by the development of such a transportation improvement program (including consideration of transportation-related air quality problems.) Directs the Secretary to cooperate with the States in carrying out: (1) statewide transportation planning to support transportation programs and projects funded under this Act; and (2) State highway research. Sets forth provisions regarding State matching fund requirements and waiver of such requirements. Requires the States and the Federal agencies to exercise effective control of the erection and maintenance of outdoor advertising signs, displays, or devices in areas adjacent to the NHS and rural arterials located outside of urbanized areas, and of the establishment and maintenance of junkyards outside of urbanized areas adjacent to the NHS. Encourages, and authorizes the Secretary to allocate funds to, States to initiate or expand efforts for planning and program development for scenic byways. Directs the Secretary to issue guidelines for evaluation of congestion pricing measures proposed in response to air quality problems for operational tests in designated urbanized areas. Sets forth provisions regarding: (1) the availability and apportionment of funds for the various programs, including specifications of the Federal share of certain projects; (2) administration of Federal lands highways funds; (3) acquisition of rights-of-way; and (4) private, State, and local donations. Specifies that the State matching share for a project with respect to which Federal assistance is provided out of the Highway Account of the HTF may be credited with the fair market value of land incorporated into the project and lawfully donated to the State after April 2, 1987, and the fair market value of land owned by the State or a local government and incorporated into the project. Authorizes the Secretary to withhold project approvals on National Highway Program projects for failure of a State to have a bridge management, pavement management, safety management, and congestion management system. Requires each State to have such systems, as well as a traffic monitoring system to provide statistically-based traffic data. Requires any State transportation or highway department which submits plans for: (1) a National Highway Program project involving the bypassing of, or going through, any city, town, or village, to certify to the Secretary that it has had public hearings or the opportunity for hearings and has considered the economic, social, and environmental effects and its consistency with the goals and objectives of urban planning promulgated by the community; and (2) an IS project to make a similar certification to enable persons in rural areas who have property contiguous to the highway or property through which the highway will pass to express objections they may have to the proposed locations of the highway. Requires the State transportation or highway department to prepare a record of the hearing. Sets forth NHS standards which, at a minimum, enable National Highway Program projects to accommodate the types and volumes of traffic anticipated for the project for a 20-year period, with exceptions. Sets forth additional provisions with respect to: (1) sign, curb and pavement marking, and traffic signal standards; (2) highway and railroad grade crossing safety standards; (3) soil erosion guidelines; (4) consideration of economic, social, and environmental effects; and (5) highway noise level standards. Directs the Secretary: (1) to develop and promulgate guidelines to assure that highways constructed pursuant to this title are in conformity with any approved plan for the implementation of any ambient air quality standard for any air quality control region designated pursuant to the Clean Air Act, as amended; (2) not to approve projects involving bridge approaches if the project and bridge will significantly affect the traffic volume and the highway system of a contiguous State without first taking into full consideration the views of such State; and (3) not to approve projects that will result in the severance or destruction of an existing major route for nonmotorized transportation traffic and light motorcycles unless the project provides a reasonable alternative route or an alternative route exists. Requires that projects for resurfacing, restructuring, or rehabilitating any highway, other than a fully access-controlled highway, in which Federal funds participated be constructed in accordance with standards to preserve and extend the service life of highways and to enhance highway safety, and that projects on fully access-controlled highways be constructed in accordance with new construction and major reconstruction standards. Sets forth: (1) procedures for submission and approval of State transportation or highway department plans, specifications, and estimates for proposed projects; (2) alternate project procedures; and (3) provisions with respect to right-of-way agreements, including commercial use and management of rest areas, vending machines, and the use of income from right-of-way airspace. Establishes guidelines with respect to highway construction, including: (1) limitations on the use of convict labor; (2) State warranty or guarantee provisions; (3) bidding requirements; (4) wages; (5) equal employment opportunity provisions, including the prohibition of discrimination based on sex; (6) highway construction training, including training of disadvantaged businesses to achieve proficiency to compete for contracts and subcontracts; (7) Indian employment; and (8) provisions with respect to utility facilities. Makes it the duty of the State transportation or highway department to maintain NHS projects and the IS. Authorizes the Secretary to approve as a NHS project the acquisition of land adjacent to the right-of-way for the construction of carpool and other publicly-owned parking facilities, to encourage carpools, for exclusive or preferential high occupancy vehicle lanes, and to accommodate needed rail (included high speed ground transportation and magnetic levitation systems) or non-highway public mass transit facilities, subject to specified conditions. Authorizes: (1) the State to use Federal highway funds to construct improved lanes, paths, or shoulders, traffic control devices, shelters, and parking facilities for bicycles and pedestrians, and carry out nonconstruction projects related to safe bicycle and pedestrian use, subject to specified limitations; and (2) the Secretary to approve as part of highway construction the costs of landscaped and roadside development. Declares it to be Government policy that special effort should be made to preserve the natural beauty of the countryside, public park and recreation lands, wildlife and waterfowl refuges, and historic sites. Authorizes the Secretary to approve certain transportation programs or projects requiring the use of publicly-owned land of a public park, recreation area, wildlife and waterfowl refuge, or historic site only if: (1) there is no prudent and feasible alternative to using such land; and (2) the program or project includes all possible planning to minimize harm to such park, recreation area, wildlife and waterfowl refuge, or historic site resulting from such use. Authorizes the use of National Highway Program and Urban and Rural Program funds to participate in wetland mitigation banks or to contribute to statewide programs that create, conserve, or enhance wetland habitat. Authorizes the Secretary, in an emergency, to use certain Department of Transportation appropriations for medical assistance necessary for the immediate relief of FHWA employees engaged in hazardous work. Declares it to be in the national interest to utilize small business enterprises to the fullest practicable extent in highway construction. Authorizes the Secretary to provide for: (1) the construction and maintenance of defense access roads (including bridges, tubes, and tunnels) to military reservations, defense industries and industry sites, and the sources of raw material when the roads are certified to the Secretary as important to the national defense; and (2) necessary reconstruction of the Alaska-Canada International Highway. Directs the Secretary to report to specified committees periodically regarding the condition and performance of the existing system and estimates of the future highway and bridge needs of the nation, including the results of studies of the air quality impacts of transportation programs. Authorizes the Secretary to carry out experimental programs which allow the FHWA and the States to demonstrate innovative and nontraditional design, construction, and management practices, or both, for highway projects while utilizing a competitive process for selection of contractors. Directs the Secretary to evaluate such projects and report on the results. Transfers funds made available for transit projects under this Act or under Federal highway provisions to, and for administration by, the Mass Transportation Administration. Lists Federal highway provisions, as amended by this Act, which are designed to promote clean air, such as: (1) the Research and Technology Program (to enable States to more effectively assess environmental impacts and the effectiveness of mitigation strategies); (2) the Urbanized Area Planning Program (requiring consideration of long-range land use plans, development objectives, and overall social, economic, and environmental impacts; consideration of all modes of transportation, including intermodal connectivity; and development of a multimodal congestion management system); (3) a right-of-way airspace provision permitting the use of income from such right-of-way without charge for high speed rail, magnetic levitation systems, and other transit use; and (4) provisions permitting bicycle and pedestrian projects with National Highway, Urban and Rural, and Federal Lands Highways Program funds. Waives matching fund requirements of qualifying projects between October 1, 1991 and September 30, 1993. Specifies that the Federal share shall be the percentage of the construction costs as the State transportation or highway department requests, up to 100 percent, but that the total amount of increased Federal share per fiscal year which may be obligated for qualifying projects in any State shall not be greater than 25 percent of the total amounts apportioned for the National Highway, Urban and Rural, and Bridge Programs in FY 1992. Requires States to repay the total amount of increases in the Federal share on or before March 30, 1994. Repeals provisions of the Federal-aid Highway Act of 1978 prohibiting the expenditure of Federal funds for highway signs relating to speed limit, distance, or other measurement solely using the metric system. Sets forth limitations on obligations for the Federal-aid highway programs for FY 1992 through 1996 and provisions regarding the redistribution of unused obligation authority. Title II: Highway Safety Act of 1991 - Highway Safety Act of 1991 - Authorizes appropriations out of the Highway Account of the HTF for: (1) FHWA highway safety programs; (2) National Highway Traffic Safety Administration (NHTSA) highway safety programs and highway safety research and development; and (3) a National Driver Register. Directs the Secretary to periodically conduct a rulemaking to determine those programs most effective in reducing highway crashes, injuries, and deaths. Specifies that: (1) any rule issued pursuant to such rulemaking shall be developed in cooperation with the States; and (2) when such a rule takes effect, only the programs established by the rule as most effective in reducing highway crashes, injuries, and deaths shall be eligible to receive Federal financial assistance. Requires the State highway safety agency to coordinate its highway safety plan with the motor carrier safety plan developed under this Act. Directs each State to submit to the Secretary such speed-related data as the Secretary determines is necessary for each 12-month period ending on September 30, including data on citations and travel speeds on public highways with speed limits posted at or above 55 miles per hour (mph). Specifies that: (1) the annual apportionment to the Secretary of the Interior (for Indians in identified areas) shall not be less than three-quarters of one percent of the total apportionment of funds to the States; and (2) the Federal share for highway safety programs shall not exceed 60 percent of the total program costs, with exceptions. Authorizes the Secretary to award safety bonus funds to States that take specific actions to advance highway safety. Establishes criteria and eligibility requirements for, and formulas for determining the amount of, alcohol, safety belt use, and fatality rate bonuses and other safety bonuses (such as having programs that emphasize pedestrian, bicycle, and motorcycle safety; provision for a lead agency at the State level for emergency medical services with adequate powers and equipment; and public information and education programs on significant highway safety problems). Requires the Secretary to periodically report to the Congress on the States' efforts to qualify for safety bonus funds. Authorizes the Secretary to: (1) engage in research on all phases of highway safety and traffic conditions, including the effect thereon on State laws and activities related to Intelligent Vehicle Highway Systems; (2) test, develop, or assist in the testing and development of any material, invention, patented article, or process; (3) use appropriated funds for training or education of highway safety personnel, research fellowships in highway safety, development of improved accident investigation procedures, emergency service plans, demonstration projects, and related research and development activities; and (4) carry out safety research on the relationship between the consumption and use of drugs and their effect upon highway safety and drivers of motor vehicles, driver behavior research, and biomechanics research. Authorizes the Secretary to: (1) undertake, on a cost-shared basis, collaborative research and development with non-Federal entities; and (2) enter into cooperative research and development agreements, except that the Secretary may agree to provide not more than 70 percent of the cost of any such research and development project and must establish a procedure to consider the views of experts and the public concerning the project areas. Bars a State from having: (1) a maximum speed limit on any public highway within its jurisdiction in excess of 55 mph other than on a highway on the IS located outside of an urbanized area; and (2) a maximum speed limit of 65 mph on any highway within its jurisdiction on the IS located outside of an urbanized area, or under other specified circumstances. Requires each State to annually certify to the Secretary that it is enforcing all speed limits on public highways, after considering the speed-related data it submits to the Secretary. Bars the Secretary from approving projects in any State which has failed to make such certification. Requires the Secretary to withhold ten percent of National Highway, and Urban and Rural, Program funds apportioned to any State on the first day of each fiscal year in which the purchase or public possession in such State of any alcoholic beverage by a person who is less than 21 years of age is lawful. Provides for apportionment of withheld funds to other States which are in compliance with such provision. Requires that all facts contained in any report of a Federal department, agency, officer, employee, or agent relating to a highway traffic crash or investigation be made available for use in any civil, criminal, or other judicial proceeding arising out of the crash. Specifies that: (1) any such officer, employee, or agent may be required to testify in such proceedings as to the facts developed in the investigation; and (2) this and other specified reports shall be made to the public in a manner which does not identify individuals. Directs the Secretary to establish and maintain a National Driver Register to assist chief driver licensing officials of participating States in exchanging information regarding the motor vehicle driving records of individuals. Sets forth provisions with respect to: (1) the contents of such Register; (2) responsibility for accuracy of information; (3) cut-off dates for maintaining information; (4) State participation in the Register; (5) reports by such officials to the Secretary; and (6) accessibility of Register information. Establishes: (1) criminal penalties for unauthorized disclosure of such information and for requesting and obtaining Register information under false pretenses; and (2) a National Driver Register Advisory Committee. Authorizes appropriations out of the Highway Account of the HTF to carry out highway and alcohol safety programs under the safety bonus provisions of this Act. Makes such funds available until expended and not subject to any obligation limitation for State and community highway safety programs. Requires the Secretary to establish: (1) national bridge inspection standards for the proper safety inspection and evaluation of all highway bridges; and (2) a program designed to train governmental employees to carry out highway bridge inspections. Bars the admission into evidence (or use for other purposes) in Federal or State court of reports and surveys compiled to identify, evaluate, or plan the safety enhancement of potential accident sites, hazardous roadway conditions, or railway-highway crossings, for the purpose of developing any highway safety construction improvement project which may be implemented utilizing Federal highway funds. Sets forth provisions regarding the use of automotive crash test dummies. Repeals the annual report requirement of the Highway Safety Act of 1966. Title III: Motor Carrier Act of 1991 - Motor Carrier Act of 1991 - Authorizes appropriations out of the Highway Account of the HTF for the Motor Carrier Safety Assistance Program and for the motor carrier safety functions of the FHWA. Prohibits States from enacting or enforcing laws denying reasonable access to commercial motor vehicles between the NHS and terminals, facilities for food, fuel, repairs, and rest, and points of loading and unloading for household good carriers and for any truck tractor-semitrailer combination in which the semitrailer has a length not to exceed 28 1/2 feet and which generally operates as part of a specified vehicle combination, with exceptions (but allows State or local governments to impose reasonable restrictions, based on safety considerations, on any such combination.) Bars States from establishing, maintaining, or enforcing any regulation of commerce which imposes a vehicle length limitation of less than 48 feet on the length of the semitrailer unit operating in a truck tractor-semitrailer combination, and of less than 28 feet on the length of any semitrailer and trailer operating in such a combination, on any segment of the NHS. Sets forth: (1) additional provisions with respect to semitrailer and trailer combinations, and truck tractors; and (2) NHS segment exemptions (and procedures), such as where the Governor of a State transmits to the Secretary notification of specific evidence of safety problems. Sets forth analogous provisions, limiting commercial motor vehicle width to 102 inches on NHS segments. Directs the Secretary: (1) within 12 months, to conduct a review of information systems utilized by one or more States or jurisdictions pertaining to the collection of and accounting for fees and taxes for vehicle registration, motor fuel use, or other purposes; (2) within 24 months, to establish an information system to serve as a clearinghouse and depository of information pertaining to the collection of and accounting for fees for registering commercial motor vehicles and taxes charged by States for motor fuel used by such vehicles, with the maintenance of the system to be supported by user fees; and (3) to establish standards to ensure uniform data collection and reporting by all States. Makes funds available for such purpose. Authorizes the Secretary to make grants to States: (1) for the development and implementation of a program to register and collect commercial motor vehicle fuel taxes according to standards established under this title; and (2) to carry out a project to demonstrate methods of linking safety fitness of the registrant or the motor carrier responsible for the operation of the commercial motor vehicle when registering such vehicle. Makes funds available for such purposes. Authorizes the Secretary to promulgate regulations barring States from registering commercial motor vehicles under the standards established under this title if the State or Secretary determines that the registrant or the motor carrier responsible for the operation of such vehicle has not demonstrated the safety fitness required to operate such vehicle. Authorizes and directs the Attorney General to institute a civil action for injunctive relief that may be appropriate to assure compliance with provisions under this title. Authorizes the court to issue specified injunctive relief as appropriate. Authorizes the Secretary to make grants to States (including the District of Columbia and the U.S. territories) for the development and implementation of programs for the enforcement of Federal rules, regulations, standards, and orders applicable to commercial motor vehicle safety, vehicle size and maximum weight, commercial motor vehicle awareness and enforcement, and compatible State rules, regulations, standards, and orders. Directs the Secretary to formulate procedures for a State to submit a plan where the State agrees to adopt, and assume responsibility for, enforcing such Federal rules. Sets forth requirements for State plans, including ensuring that the State will devote adequate resources for administering the plan and providing a right of entry and inspection to carry out the plan. Directs the Secretary to: (1) reject any State plan that does not provide that the aggregate expenditure of funds of the State and political subdivisions for commercial motor vehicle safety, drug awareness and enforcement, and size and weighing activities will be maintained at a level that does not fall below the average level of expenditures in such State for the last full fiscal year; (2) make a continuing evaluation of the manner in which each State is carrying out its State plan; and (3) withdraw approval under appropriate circumstances (subject to specified procedures and judicial review.) Authorizes the Secretary to reimburse a State up to 75 percent of the costs incurred by such State in the development and implementation of programs for the enforcement of such rules, regulations, standards, and orders, and up to 100 percent of such costs if the Secretary determines that such programs are particularly beneficial to all jurisdictions. Sets forth additional provisions with respect to deductions of funds for administration, allocation criteria, the availability, release, and reallocation of funds, obligation of funds, and payments to States. Prohibits States, political subdivisions, or interstate agencies from enacting or enforcing laws or rules relating to interstate or intrastate rates, routes, or services of any motor carrier providing transportation of passengers or property in interstate commerce, or the leasing, rental, or other sourcing of commercial drivers and motor vehicles by interstate motor carriers. Directs the Secretary to issue regulations to establish uniform standards for: (1) the registration of commercial motor vehicles; and (2) the collection and distribution of taxes charged by States for motor fuel used by such vehicles (which, at a minimum, provide for single base State collection with proportional sharing of the motor fuel taxes charged within the States where the commercial motor vehicle is operated, reciprocity among the agreeing States, and uniform, simplified tax reporting requirements). Bars any State from having in effect or enforcing a law or regulation which: (1) limits operation of any commercial motor vehicle within its borders by reason of such vehicle's not being registered in the State when it is registered in another State; and (2) imposes a tax upon the use of motor fuel by commercial motor vehicles, except as may be imposed upon the purchase of fuel within such State, unless the State is in compliance with the requirements established under this title. Authorizes the Secretary to promulgate regulations to establish uniform standards for the collection and distribution of taxes and fees exclusively associated with the purchase, use, and operation of commercial motor vehicles. Sets forth provisions regarding State vehicle size and weight limitations, including a formula for the maximum gross weight to be allowed by any State for vehicles using the IS. Repeals: (1) various provisions of the Surface Transportation Assistance Act of 1982, including provisions regarding grants for enforcement programs for commercial motor vehicle safety, length and width limitations, and access to the IS, as well as certain unobligated authorizations; and (2) provisions relating to required State registration of operating authority granted by the Interstate Commerce Commission (ICC). Revises Federal provisions with respect to the registration of motor carriers by a State to prohibit any State from requiring an interstate private or former motor carrier or interstate broker of property to prove the lawfulness of specified interstate transportation activity, such as requiring such carrier or broker to: (1) file and maintain a certificate or permit issued to such carrier or broker by the ICC; (2) register more vehicles operated under such a certificate or permit; (3) display or carry on any vehicle any means of identification evidencing the lawfulness of such transportation activity; or (4) pay a fee or a tax with respect to such activities. Title IV: Federal Mass Transportation Act of 1991 - Federal Mass Transportation Act of 1991 - Amends Federal law to rename the Urban Mass Transportation Administration of the Department of Transportation the Mass Transportation Administration. Amends the Urban Mass Transportation Act of 1964 (the Act) to make the following projects eligible to receive discretionary capital grants under the Act: (1) public highways (other than those functionally classified as local or rural minor collectors); (2) the deployment of innovative techniques and methods in the management and operation of public transportation services; and (3) mass transportation services to meet the special needs of elderly and handicapped persons. Authorizes the obligation of such grants for full funding contracts. Revises the eligibility criteria for discretionary capital grants or loans for construction of new fixed guideway systems to provide that such systems: (1) be based upon a thorough assessment of the feasibility of using a variety of innovative financing mechanisms as well as its overall capital plan; and (2) are included in a specified report. Authorizes appropriations for FY 1992 through 1996. Prohibits the Secretary of Transportation (Secretary) from approving an application for discretionary capital grants or loans for the construction of highway transportation projects unless an authorization is made for the fiscal year in which such application is being sought. Authorizes the Secretary to approve innovative highway-related and transit-related, immediate action, noncapital-intensive projects to help relieve congestion and transportation-related air quality problems in certain urbanized areas or projects in rural areas that respond to rural transportation problems through innovative approaches and strategies. Sets forth project requirements. Changes from 75 percent to no more than 60 percent of the Federal share for net costs of highway transportation projects, except for construction of a new fixed guideway system and extension to a fixed guideway system which shall be up to 50 percent of new project cost. Declares it is in the national interest to encourage and promote the development of transportation systems that will effectively serve the States and local communities. Directs the Secretary to cooperate with State and local officials in urbanized areas in the development of transportation programs which are based upon long-range land use plans and economical and environmental concerns, including their probable effect on the future development of the area. Requires a metropolitan planning organization to be designated in each urbanized area to develop a transportation improvement program. Authorizes the Secretary to contract for and make grants to States and local agencies, or enter into working agreements with other Federal agencies, for the planning, engineering, design, and evaluation of public transportation projects, and for other technical studies. Makes a specified amount of block grant transportation funds available based on a specified formula for expenditure in certain urbanized areas. Eliminates certain percentage requirements from such formula based grants. Requires recipients of such grants to assure that the proposed program of transportation projects provides for the maximum feasible coordination of public transportation services assisted under the Act with transportation services assisted by other Federal sources. Revises eligibility requirements with respect to such grants. Changes from 80 percent to no more than 60 percent the Federal share of net costs for construction of transportation projects, except for noncapital expenses which shall be 50 percent of net project cost. Authorizes the Secretary, in lieu of the Federal environmental review procedures under the National Environmental Policy Act of 1969, to approve projects by recipients of assistance under the Act who assume responsibilities for environmental review, decisionmaking, and other action that would apply to the Secretary if such projects were undertaken as Federal projects. Requires each recipient to submit a certain annual certification with respect to the approval of such projects. Includes research on transportation safety as a responsibility of each university transportation center established under the Act. Requires the Secretary to coordinate the research, education, training and technology transfer in such centers, the dissemination of the results of the research, and a clearinghouse between the centers and the transportation industry. Directs the Secretary to make grants to universities to establish three additional National Centers for Transportation Management, Research, and Development as a means to accelerate the involvement of minorities and women in transportation-related professions, particularly in the science, technology, and engineering disciplines. Authorizes the Secretary to make funds that are appropriated to the Department of Transportation for transportation research available to one or more of the centers for research that is compatible with the research conducted in such centers pursuant to authorizations under the Act or the HTF. Authorizes the Secretary to transfer facilities and equipment that are acquired by a recipient of Federal transportation funds and are no longer needed by the recipient to any public body to be used for any public purpose for no less than five years after such transfer. Sets forth specified determinations to be made by the Secretary with respect to the transfer of such assets for purposes other than for mass transportation. Requires funds that are available under the Act for public highway projects to be transferred to the FHWA. Requires construction employees who work on transportation construction projects in excess of $250,000 to be paid wages at rates not less than those prevailing on similar construction in the locality. Prohibits any person from dividing any project into contracts of $250,000 or less if such project would not have been divided but for avoiding such minimum wage rate requirement. Revises provisions of the Act relating to Federal transportation assistance for mass transportation projects that meet the special needs of elderly persons and individuals with disabilities. Changes from 95 percent to no more than 60 percent the Federal share of net costs for such projects. Authorizes the Governor of a State to allocate certain Federal transportation funds for construction of highway projects to certain urbanized areas. Requires the Secretary to evaluate the performance of each Governor in allocating such funds every three years. Limits the amount of formula based grants for transportation projects in nonurbanized areas that may be used for operating assistance. Changes from 80 percent to no more than 60 percent the Federal share of net costs for public transportation construction projects in nonurbanized areas. Makes public highways (other than those functionally classified as local or rural minor collectors) an eligible construction project to receive Federal transportation formula based grants for nonurbanized areas provided specified conditions are met. Authorizes States to transfer facilities and equipment acquired with such assistance to recipients eligible to receive assistance under this Act so long as such assets continue to be used for transportation purposes. Authorizes the Secretary to retain funds returned to him or her in connection with grants or contracts for human resources projects that involve public transportation. Authorizes appropriations from the Mass Transit Account of the HTF for FY 1992 through 1996 for mass transportation projects. Sets forth a formula for allocation of such funds. Authorizes the Secretary to issue regulations requiring as a condition to receiving mass transportation assistance that a recipient certify that it has established alcohol and drug abuse control and testing programs for itself or for its workers who are involved in safety sensitive functions. Prohibits the Secretary from using more than three-quarters of one percent (currently, one-half of one percent) of funds for mass transportation projects to contract with persons overseeing the construction of such projects. Earmarks one-third of the funds appropriated from the Mass Transit Account of the HTF for grants or contracts for mass transportation projects. Authorizes the Secretary to charge and retain fees, tuition, or other related amounts resulting from conferences, seminars, and training sessions for the development of transit technology. Authorizes the Secretary to establish a program of transit technology development. Directs the Secretary to establish an Industry Technical Panel consisting of representatives of transportation suppliers and operators and others involved in technology development to assist him or her in the identification of priority technology development areas and in establishing guidelines for project development, project cost sharing, and project execution. Allocates on a specified formula funds from the HTF for State and local transit cooperative research and planning programs. Title V: Highway Revenue Act of 1991 - Highway Revenue Act of 1991 - Extends for three years: (1) HTF taxes and related exemptions; and (2) HTF appropriations and authorizations. Makes amounts in the Highway Account of the HTF available for specified traffic safety and cost savings programs. Makes conforming amendments to the Land and Water Conservation Fund Act of 1965. Amends the Internal Revenue Code to: (1) reduce Federal gasoline, diesel and special motor fuels taxes; and (2) reduce the amount transferred by the Secretary of the Treasury to the Mass Transit Account as the mass transit portion of the amount appropriated to the HTF which are attributable to taxes under the Code imposed after March 31, 1983.

Legal Services Reform Act of 1991

United States · United States Congress · 7 March 1991

Legal Services Reform Act of 1991 - Imposes requirements with respect to funds provided by the Legal Services Corporation. Sets forth prohibitions, with exceptions, on redistricting activities, the solicitation of employment, certain participation in precomplaint settlement negotiations or litigation, lobbying, or the provision of defense assistance in certain drug-related eviction proceedings by fund recipients. Directs the Corporation to require each recipient to maintain records of time spent on the cases of matters with respect to which that recipient is engaged in activities. Grants the Board of Directors of nonprofit State legal services organizations which are funded by the Corporation authority to set specific priorities for the types of matters and cases to which their staffs shall devote their time and resources. Prohibits the staff of such organization from undertaking cases or matters other than in accordance with the specific priorities set by its Board, except in emergency situations defined by such Board. Requires the staff to report to the Board on a quarterly basis and to the Corporation on an annual basis on all cases undertaken other than in accordance with such priorities. Directs the Corporation to promulgate a suggested list of priorities which boards of directors may use in setting priorities. Specifies that funds derived from Interest on Lawyers Trust Accounts (IOLTA) and other non-Corporation funds shall not be expended for any purposes prohibited under this Act. Requires all grants and contracts awarded by the Corporation to be awarded under a competitive bidding system. Outlines provisions regarding: (1) termination or denial of funding under such a system; (2) distribution of funds; and (3) approval of attorney members of local boards. Prohibits fund recipients, or clients of such recipients, from claiming or collecting attorneys' fees from nongovernmental parties to litigation initiated by such clients with the assistance of such recipients. Requires the Corporation to create a fund to pay defendants or clients if a Federal court has found that an action commenced by a plaintiff with the assistance of a recipient involves a violation of Rule 11 of the Federal Rules of Civil Procedure, or if the president of the Corporation finds that such action involves a violation of the standards of Rule 11 or was commenced for the purpose of retaliation or harassment. Authorizes appropriations for such fund. Directs such president, upon application by the defendant, to award from the fund all reasonable costs and attorneys' fees incurred by the defendant in defending the action. Requires the Corporation's Board of Directors, within 90 days, to issue regulations to provide for the distribution of attorneys' fees received by a recipient. Specifies that such fees shall be transferred to the Corporation, which shall distribute such fees among its grantees for the direct delivery of legal assistance, except that, subject to approval by the Corporation, a recipient: (1) shall not be required to transfer fees or other compensation received as a result of a mandated court appointment; (2) may retain reasonable costs customarily allowed in litigation against an unsuccessful party; and (3) may retain the actual cost of bringing the action. Bars the use of funds made available to any recipient from any source to participate in any litigation with respect to abortion. Places restrictions on; (1) the bringing of a class action by a recipient, or employee of a recipient, against the Federal Government or any State or local government; and (2) the use of funds made available to a recipient to provide legal assistance for or on behalf of aliens. Bars the use of funds for the dissemination of information about particular public policies or political activities. Allows the use of such funds to advise eligible clients regarding the nature of the legislative process, or to inform such clients of their rights under any statute, order, or regulation. Directs the Corporation to undertake one or more demonstration projects to study the feasibility of using client copayments to assist in setting the service priorities of its programs. Authorizes the Corporation to adopt a permanent system of client copayments for some or all of its legal assistance programs. Prohibits any attempt, such as the creation or use of "alternative corporations," to evade the provisions of this Act. Increases the maximum compensation (from level V to level III of the Executive Schedule) for officers and employees of the Corporation. Requires the Corporation's principal office to be in the Washington, D.C. metropolitan area (current law specifies the District of Columbia.) Limits the definition of "attorney client privilege," for purposes of the Legal Services Corporation Act, to protect only communications made in confidence by a client for the purpose of seeking legal advice (but excludes the disclosure of specified information, except to the extent provided by court order, to any Federal department or agency auditing, or any auditor receiving Federal funds to conduct an audit of, the activities of the Corporation or any recipient.)

To exempt section 721 of the Defense Production Act of 1950 from termination.

United States · United States Congress · 7 March 1991

Amends the Defense Production Act of 1950 to exempt from termination a provision of such Act which authorizes the President to review and prohibit certain mergers, acquisitions, and takeovers that the President determines would threaten or impair national security.

Peace, Democracy and Development in El Salvador Act of 1991

United States · United States Congress · 7 March 1991

Peace, Democracy and Development in El Salvador Act of 1991 - Expresses the sense of the Congress that the United States shall use diplomacy to encourage the Government of El Salvador and the Farabundo Marti National Liberation Front (FMLN) to: (1) participate in good-faith negotiations to achieve a cease-fire and permanent settlement of the conflict in El Salvador; (2) adhere to the terms of agreements signed in Geneva, Switzerland, Caracas, Venezuela, and San Jose, Costa Rica; and (3) support the role of the Secretary General of the United Nations in advancing proposals on the outstanding issues defined in the Caracas accords to resolve the conflict. Withholds from El Salvador unobligated military assistance for FY 1991 and prior fiscal years and military assistance allocated for FY 1992 and 1993 until the Congress enacts a joint resolution authorizing the provision of such assistance and the President reports to the Congress that: (1) those responsible for ordering and carrying out, or obstructing the investigation into, the November 1989 murders of certain priests and civilians have been apprehended and brought to justice; (2) internationally recognized workers' rights have been extended to Salvadoran workers; (3) the El Salvadoran Government has pursued legal avenues to bring to trial and obtain verdicts for those responsible for the murders of Archbishop Romero and certain land reformers and for the bombings of the FENASTRAS headquarters; (4) the El Salvadoran Government is complying with international standards of respect for humanitarian and medical workers; (5) steps have been taken to place the El Salvadoran military under the control of the civilian government; (6) the El Salvadoran Government is negotiating to achieve a cease-fire and a settlement of the conflict and has not rejected a plan for the settlement of the conflict put forth by the United Nations Secretary General; and (7) the El Salvadoran Government, through its military and security forces, has not engaged in assassinations of, or acts of violence against, civilians and has not failed to control such activities by elements subject to the control of such forces. Prohibits funding for: (1) the stationing of U.S. military personnel in El Salvador as trainers or advisors to the El Salvadoran armed forces; and (2) the financing of covert operations in El Salvador or for covert military assistance to the El Salvadoran Government. Establishes the Demobilization, Transition, and Reconstruction Fund to assist with the cost of monitoring a permanent settlement of the conflict, the demobilization of combatants in the conflict and their transition to peaceful pursuits, and the reconstruction of El Salvador. Makes the Fund available only upon the President's notification to the Congress that the El Salvadoran Government and the FMLN have reached a permanent settlement to the conflict. Requires the President, upon notification of a permanent settlement or on September 30, 1992, if no notification has occurred prior to such date, to transfer withheld military assistance to the Fund. Prohibits economic support fund (ESF) assistance from being obligated as balance-of-payments or cash assistance for El Salvador. Makes ESF assistance for El Salvador available only for projects for child nutrition, health, clean water, basic education, agrarian reform, and other human needs of the people of El Salvador. Requires such assistance to be used only for programs implemented solely by civilian agencies. Subjects ESF assistance for El Salvador to reprogramming notifications under the Foreign Assistance Act of 1961.

Middle East Post-War Stability and Arms Restraint Act of 1991

United States · United States Congress · 7 March 1991

Middle East Post-War Stability and Arms Restraint Act of 1991 - Requires the President to enter into discussions with the governments of the major arms suppliers to the Middle East concerning the establishment of a commission that would restrict and limit arms sales in the region. States that the commission would be: (1) modeled after the Coordinating Committee for Multilateral Export Controls and the Nuclear Suppliers Group; and (2) comprised of the five permanent members of the United Nations Security Council and other weapons supplier nations. Declares that the commission should: (1) negotiate supplier nation restrictions on the sale or transfer of combat weaponry and the technology of conventional arms production to the Middle East; (2) seek to enhance stability and peace in the Middle East by seeking to maintain a balance of power among major military powers in the region; (3) coordinate with the Australia Group and the Missile Technology Control Regime to enhance controls on the proliferation of chemical and biological weapons and ballistic missile technology; and (4) address other areas pertinent to limiting the sale or transfer of arms.

To restrict United States economic and military assistance to Jordan.

United States · United States Congress · 7 March 1991

Suspends U.S. economic and military assistance to Jordan. Waives such suspension if the President notifies the Congress that such waiver is in the U.S. national interest. Requires the President, unless such notification is made, to: (1) terminate or suspend any trade agreement or treaty providing for most-favored-nation trade treatment to Jordan; (2) deny such treatment to Jordan and subject Jordanian products to the rates of duty set forth in duty column number 2 of the Harmonized Tariff Schedule of the United States; and (3) make the Generalized System of Preferences under the Trade Act of 1974 inapplicable to Jordan.

Armed Forces Homeownership Protection Act of 1991

United States · United States Congress · 7 March 1991

Armed Forces Homeownership Protection Act of 1991 - Amends the National Housing Act to authorize the Secretary of Housing and Urban Development to provide mortgage assistance to avoid foreclosure on mortgages of members of the armed forces who are killed or seriously injured while on active duty.

To provide for the applicability of combat-related tax benefits to reservists and National Guard members deployed overseas in connection with the Persian Gulf conflict.

United States · United States Congress · 7 March 1991

States that for purposes of the Internal Revenue Code, Persian Gulf conflict service shall be treated as service in a combat zone. Includes active duty service as a member of a reserve component of the Armed Forces in connection with Desert Storm as Persian Gulf conflict service.

Expressing the sense of Congress that the Federal Government should assist United States small businesses seeking to become involved in the rebuilding of Kuwait, and for other purposes.

United States · United States Congress · 7 March 1991

Expresses the sense of the Congress that: (1) the President, the Secretary of Commerce, and specified other officials should cooperate in providing assistance to U.S. small businesses seeking to become involved in the rebuilding of Kuwait; (2) the Administrator of the Small Business Administration should conduct a public information campaign to advise U.S. small and minority businesses about becoming involved in such rebuilding; (3) U.S. companies that have been awarded contracts pertaining to such rebuilding should seek to subcontract with U.S. small and minority businesses; and (4) all businesses that have been awarded such contracts should seek to hire veterans of the armed forces.

Duane H. Cassidy, of Virginia, to be a Member of the Defense Base Closure and Realignment Commission for a term expiring at the end of the first session of the 102nd Congress. (New Position)

United States · United States Senate · 6 March 1991

National Energy Strategy Act

United States · United States Congress · 6 March 1991

National Energy Strategy Act - Title I: Residential, Commercial, and Federal Energy Use - Subtitle A: Consumer and Commercial Products - Amends the Energy Policy Conservation Act to expand the list of commercial products covered by the Act. Directs the Federal Trade Commission to prescribe labeling rules for such products. Prohibits the Secretary of Energy from prescribing energy conservation standards for certain electric lights or commercial products listed in the Act. Subtitle B: Federal Energy Management - Amends the National Energy Conservation Policy Act to authorize Federal agency participation in private sector energy demand management or application of conservation measures to Federal buildings. Title II: Natural Gas - Subtitle A: Natural Gas Pipeline Reform - Amends the Natural Gas Act to authorize the Federal Energy Regulatory Commission (FERC) to direct a natural-gas entity (pipeline) to interconnect physically with other facilities at the applicants expense, in order to receive natural gas from the other facilities for transportation in the pipeline. Declares that, for purposes of the National Environmental Policy Act of 1969, a FERC certification of public convenience and necessity with respect to a natural gas facility is the only major Federal action requiring a detailed environmental impact statement. Amends the Natural Gas Policy Act of 1978: (1) to authorize an interstate pipeline to construct facilities incidental to transportation service upon 30 days notice to the affected State commission; and (2) require FERC to authorize any interstate pipeline to transport natural gas on behalf of any person. Amends the Natural Gas Act to declare that a mutually agreed-upon natural gas transportation rate between a natural-gas company and its customer is deemed just and reasonable, and in compliance with such Act. Sets forth expedited certification procedures for natural gas transportation and related facilities construction. Provides for the construction and operation of natural gas transportation facilities with an option not to obtain a certificate of public convenience and necessity (thus taking such facility out of the Act's jurisdiction). Authorizes FERC to issue an order finding that if a natural-gas company's market is competitive and its transportation or sales services charges are not unduly discriminatory such charges are not subject to its jurisdiction. Subtitle B: Natural Gas Import/Export Deregulation - States that neither FERC nor a State may prohibit or condition the importation or exportation of natural gas or treat exported or imported natural gas differently from any other natural gas while it is within the United States. Authorizes the President to: (1) waive any law relating to natural gas importation or exportation upon finding that the national interest requires it; or (2) specify when such natural gas importation or exportation law is considered satisfied if the appropriate Federal or State agency has not taken final action. Subtitle C: Structural Reform of the Federal Energy Regulatory Commission - Amends the Department of Energy Organization Act to abolish FERC and establish within the Department of Energy the Natural Gas and Electricity Administration to be headed by an Administrator appointed by the President. Transfers to the Secretary of Energy the functions of the Federal Power Commission and FERC. Sets forth rulemaking procedures for rates and charges with respect to natural gas and electricity. Title III: Oil - Subtitle A: Alaska Coastal Plain Oil and Gas Leasing - Arctic Coastal Plain Competitive Oil and Gas Leasing Act - Directs the Secretary of the Interior (the Secretary) to establish and implement a competitive oil and gas leasing program on the Coastal Plain. Declares that this Act is the Secretary's sole legislative authority for authorizing and conducting such a program (whether competitive or noncompetitive). Requires the Secretary to issue regulations encompassing environmental protection of the Coastal Plain. Declares that the Department of the Interior's Legislative Environmental Impact statement is compatible and consistent with the major purposes and policies of the National Environmental Policy Act of 1969, and therefore no further environmental analysis or documentation is required for the issuance of regulations. Prescribes procedural guidelines for land lease sales on the Coastal Plain, and for exploration, development and production plans. Sets forth bonding requirements, and lease suspension and cancellation guidelines. Directs the Secretary to require lessees to unite with each other in collectively adopting and operating under a unit plan of development, including the construction of a common carrier pipeline to transport oil and gas to the exterior boundary of the Coastal Plan. Requires lessees and permittees to provide the Secretary with certain geological and geophysical data obtained from exploration or development activities. Sets forth remedies and penalties for violations of this Act. Directs the Secretary to report annually to the Congress about the leasing program. Repeals certain limitations applicable to subsurface interests owned by certain Alaskan corporations. Provides for expedited judicial consideration of any claims for relief by them. Directs the Secretary to promulgate environmental protection regulations which ensure that Coastal Plain activities will avoid significant adverse effects on fish and wildlife, their habitat, and the environment. Requires site-specific assessment and mitigation. Designates the Sadlerochit Spring Special 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. Makes leaseholders fully responsible and liable for land reclamation within the Coastal Plan and other Federal lands adversely affected by lease activities. Requires establishment of the Coastal Plan 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 leaving the Coastal Plain. Prescribes revenue collection and expenditure procedures. Mandates that oil and gas revenues be deposited into the Treasury. Subtitle B: Naval Petroleum Reserve Leasing - Naval Petroleum Reserve Leasing Act - Authorizes the Secretary of Energy (the Secretary) to lease Naval Petroleum Reserve Numbered 1 (California) if it is not necessary for national defense purposes. Sets forth leasing and antitrust guidelines. Mandates the use of competitive leasing procedures, minimum royalty payments, and crude oil set asides for sale to small refiners by Reserve lessees. Authorizes the Secretary to take certain steps to arrange and conduct a leasing action. Authorizes the Secretary to acquire privately owned lands or physical improvements within a Naval Petroleum Reserve if a lease of Naval Petroleum Reserve Numbered 1 cannot be arranged. Amends the Energy Policy and Conservation Act to authorize the Secretary to store within the Strategic Petroleum Reserve a Defense Petroleum Inventory of petroleum products (in addition to any other acquisition and storage for such Reserve required by law). Directs the Secretary to obligate the United States share of funds available in the Naval Petroleum Reserve Lease Proceeds Special Account (created by this Act) for the acquisition of 10,000,000 barrels of crude oil for the Defense Petroleum Inventory. Declares that upon request of the Secretary of Defense: (1) crude oil acquired for or dedicated to the Defense Petroleum Inventory shall be drawn down and distributed by the Secretary of Energy for the Department of Defense for use, sale, or exchange; and (2) the Secretary of Energy shall replace in the Defense Petroleum Inventory crude oil drawn down on behalf of the Department of Defense. Requires the Department of Defense to reimburse the Department of Energy for services rendered under this Act. Establishes the Naval Petroleum Reserve Lease Proceeds Special Account in the Treasury to implement this Act. Funds such Special Account with amounts realized from the lease of any United States interest in Naval Petroleum Reserve Numbered 1. Sets forth a payment scheme under which lease proceeds shall be used to make payments to the State of California. Declares that: (1) the authority to lease under this Act extends to specified sections within Naval Petroleum Reserve Numbered 1; and (2) this Act does not affect the withdrawal of lands provided for in certain school land grants. Subtitle C: Oil Pipeline Deregulation - Oil Pipeline Regulatory Reform Act - Amends the Department of Energy Organization Act to terminate FERC jurisdiction over oil and other pipelines except the Trans-Alaska Pipeline. Authorizes the Attorney General to petition the Secretary of Energy (the Secretary) for an adjudication of whether FERC rate regulation of an existing pipeline in any market is in the public interest. Prescribes adjudication guidelines. Provides that pipeline rates for service to markets which are not identified in a mandatory published adjudications list will no longer be subject to FERC regulatory jurisdiction. Prescribes adjudication guidelines under which the Secretary shall find that regulation of a pipeline is in the public interest only if it is demonstrated that such regulation is necessary to constrain the exercise of substantial market power in the supply and demand of products transported by the pipeline in that market. States that new pipelines shall not be subject to existing Commission regulatory jurisdiction or rate regulation, but shall be subject to common carrier regulation under such Act. States that Commission rate regulation shall be prospective only. Prohibits terminated Commission regulatory jurisdiction from reverting to any other Federal agency. Confers exclusive, original jurisdiction over any petition for judicial review upon the U.S. Court of Appeals for the District of Columbia Circuit. Precludes from such judicial review any action of the Attorney General under this Act, including adjudication petitions. Outlines the parameters within which pipelines are required to operate as common carriers. Requires pipelines to file terms of carriage schedules (except carriage rates) with the Commission. Sets forth guidelines for maximum FERC rates on a market by market basis, subject to price cap regulation based on base rates and cumulative changes in a Competitive Pipeline Price Index. Precludes a pipeline from conditioning its services upon entering into other transactions or on taking or refraining from any action. Requires the Secretary to report to the Congress regarding the results of this Act five years after the conclusion of all adjudications. Retains the applicability of antitrust laws to pipeline transportation of crude oil or refined oil products. Title IV: Electricity Generation and Use - Subtitle A: Public Utility Holding Company Act Reform - Sets forth regulatory guidelines for exempt wholesale generators and qualifying facilities. Subtitle B: Power Marketing Administration Repayment Reform - Power Marketing Administration Timely Payment Act - Mandates that each power marketing administration provide for timely repayment to the Treasury of principal and interest for power investments. Prescribes repayment guidelines. Title V: Nuclear Power - Subtitle A: Licensing Reform - Amends the Atomic Energy Act of 1954 to provide procedural guidelines for issuance by the Nuclear Regulatory Commission (NRC) of a combined construction and operating license. Mandates that such combined license applications include a State, local, or utility emergency plan. Requires the NRC to propose implementing regulations under this Act within one year of its enactment. Subtitle B: Nuclear Waste Management - Amends the Nuclear Waste Policy Act of 1982 to declare that, for purposes of site characterization activities, the appropriate Federal agency shall administer the pertinent rules and regulations without regard to whether such administration has been or could be, delegated to a State or superseded by comparable State law. Declares State, local or tribal laws inapplicable to site characterization activities under this Act. Directs the Secretary to implement site characterization activities in spite of any refusal by either State, local or tribal authorities to act upon requested authorizations to proceed with related site characterization activities. Sets forth a 60-day deadline within which actions to contest the constitutionality of this Act must be brought. Prohibits a court from enjoining site characterization activities in such actions except as part of a final judgment. Title VI: Renewable Energy - Subtitle A: PURPA Size Cap and Co-Firing Reform - Amends the Public Utility Regulatory Policies Act of 1978 (PURPA) to direct FERC to prescribe rules requiring electric utilities to offer to purchase electric capacity from alternative power production facilities only through competitive acquisition. Makes alternative power production facilities eligible for exemptions from PURPA, the Federal Power Act, and State law if they meet certain requirements. Subtitle B: Hydroelectric Power Regulatory Reform - Amends the Federal Power Act to include as part of the hydroelectric power licensing procedure an applicant's plan concerning studies to be undertaken in connection with the licensing process, and a summary of the applicant's consultation activities with Federal and State agencies and Indian tribes. Sets forth guidelines for additional licensing procedures. Directs FERC to coordinate a single, consolidated licensing review (including review under the National Environmental Policy Act of 1969) of a hydropower project license application that is subject to Federal, State, or Indian tribal review. Removes from FERC jurisdiction hydropower projects with installed capacities of five megawatts or less that have not received a license by the date of enactment of this Act. Title VII: Alternative Fuel: Subtitle A: Alternative and Dual Fuel Vehicle Credits - Amends the Motor Vehicle Information and Cost Savings Act to eliminate limits on the credit toward complying with the corporate average fuel economy (CAFE) standards available to manufacturers for the production of light duty alternative fuel vehicles and certain dual fuel vehicles. Subtitle B: Alternative Transportation Fuels - Sets forth acquisition and credit allocation guidelines for alternative fuel vehicles. Requires persons who own or otherwise control a fleet of motor vehicles of different types and sizes to make a specified percentage of annual vehicle acquisitions alternative fuel vehicles. Prescribes civil and administrative penalties for noncompliance with this Act. Title VIII: Innovation and Technology Transfer - Amends the Stevenson-Wydler Technology Innovation Act of 1980 to allow each Federal agency to: (1) secure copyright on behalf of the United States in any computer software prepared in whole or in part by U.S. employees under a cooperative research and development agreement or other authority, notwithstanding provisions of Federal copyright law; and (2) grant in advance to a collaborating party licenses or assignments for the copyrights, or options thereto, retaining specified rights. Adds references to software and its author to provisions governing the distribution of royalties received by Federal agencies.

Department of Defense Desert Storm Supplemental Authorization and Military Personnel Benefits Act for Fiscal Year 1991

United States · United States Congress · 6 March 1991

Department of Defense Desert Storm Supplemental Authorization and Military Personnel Benefits Act for Fiscal Year 1991 - Title I: Supplemental Authorization of Appropriations for Fiscal Year 1991 for Operation Desert Storm - Authorizes supplemental appropriations to the Department of Defense (DOD) for FY 1991 from the balance of the amount in the Defense Cooperation Account (Cooperation Account) on the date of enactment of this Act, as well as any additional amounts credited to such Account after such date and before October 1, 1992. Requires Cooperation Account funds to be used for: (1) incremental costs associated with Operation Desert Storm; and (2) replenishment of a working capital account created in this title. Establishes for DOD the Desert Storm Working Capital Account (Capital Account). Authorizes appropriations to the Capital Account for FY 1991. Requires Capital Account funds to be used only for incremental costs associated with Operation Desert Storm, but only to such extent that funds for such use are not available in the Cooperation Account. Requires Cooperation Account funds to replenish funds used from the Capital Account. Requires Capital Account funds to revert to the Treasury after termination of such Account upon the end of the Persian Gulf War, but in no event later than September 30, 1992. Authorizes funds from both accounts to be made available for transfer by the Secretary of Defense to authorizations made available to DOD or the Coast Guard for FY 1991. Authorizes the Secretary to transfer between appropriation accounts such sums necessary to defray incremental costs associated with Operation Desert Storm. Requires the Senate and House Armed Services Committees (defense committees) to be notified before such transfers occur. Requires the Comptroller of DOD to submit monthly reports to the defense committees on the cumulative total amounts of such transfers. Title II: Waiver of Personnel Ceilings Affected by Operation Desert Storm - Authorizes the Secretary of the military department concerned to waive any military personnel end strength in such department as prescribed in the National Defense Authorization Act for Fiscal Year 1991. Allows certain grade strength limitations to be suspended. Requires such Secretary to certify to the defense committees that the exercise of such authority is necessary because of personnel actions relating to Operation Desert Storm. Authorizes additional appropriations to DOD from the Cooperation Account for increases in military personnel costs resulting from the exercise of such waiver and suspension authorities. Title III: Military Personnel Benefits for Members of the Armed Forces Serving During Operation Desert Storm - Part A: Special, Incentive, and Other Pay and Allowances and Miscellaneous Benefits - Increases, as of August 1, 1990, the rate of special pay for duty subject to hostile fire or imminent danger. Terminates such increase 180 days after termination of the Persian Gulf War. Authorizes the payment of active duty special pay to reserve optometrists, veterinarians, nurse anesthetists, and certain other non-physician health care providers called or ordered to active duty in connection with activities in the Persian Gulf. Authorizes the payment of such special pay to such health care providers who are: (1) called or ordered to active duty for less than one year in connection with Operation Desert Storm; or (2) involuntarily retained on active duty. Entitles survivors of members who die as a result of injury or illness sustained while on active duty during the Persian Gulf War to pay for all accrued leave of such member. (Currently, there are limitations to the authorized build-up of such leave.) Removes the ceiling on savings deposits for service members carried in a missing person status in connection with Operation Desert Storm. Allows a retired member of the armed forces who is ordered to return to active duty in connection with Operation Desert Storm to be ordered to such active duty in the highest grade in which the member previously served on active duty. States that a member ordered to active duty in a grade higher than his or her retired grade shall be deemed to have been promoted to such grade. Establishes a standard death gratuity rate of $6,000 for members of all grades for the period between August 2, 1990, and the termination of the Persian Gulf War. Entitles reserve members ordered to active duty during the Persian Gulf War for specified periods, and their dependents, to certain transitional health care benefits and coverage under military health insurance policies normally authorized only for active duty personnel and their dependents. Outlines availability and applicability requirements. Amends the National Defense Authorization Act for Fiscal Year 1991 to extend to February 15, 1992, the effective date for certain reductions in inpatient mental health services to be implemented under such Act. Authorizes appropriations from the Cooperation Account as necessary for the pay, allowances, and benefits provided under part A of this title. Part B: Family Assistance - Authorizes the Secretary of Defense to provide assistance to ensure that families of military personnel serving on active duty obtain needed child care services, with special focus on children of personnel serving in the Persian Gulf or otherwise deployed in connection with Operation Desert Shield. Authorizes appropriations from the Cooperation Account for such purpose. States that such funds are in addition to other funds used for child care programs for members of the the armed forces. Authorizes the Secretary to provide assistance to ensure that families of military personnel serving on active duty receive educational assistance and family support services necessary to meet the needs arising out of Operation Desert Storm. Outlines provisions concerning the types of assistance, areas of assistance, and the types of educational and family support assistance to be provided. Authorizes appropriations from the Cooperation Account. Title IV: Reporting on the Costs of Operation Desert Storm - Requires the Director of the Office of Management and Budget to prepare periodic reports on the incremental costs associated with Operation Desert Storm and on the amounts of contributions made to the United States by foreign countries to offset such costs. Requires periodic, cumulative, and nonrecurring costs to be reported, as well as offsets to such costs. Specifies cost areas to be included in each such report. Directs the Secretaries of State and the Treasury to jointly prepare periodic reports on contributions made by foreign countries as part of the international response to the Persian Gulf crisis. Title V: Report on the Conduct of the Persian Gulf War - Requires the Secretary of Defense to report to the defense committees on the conduct of the Persian Gulf War within 180 days of the cessation of hostilities. Outlines specified areas and objectives concerning which U.S. accomplishments and shortcomings are to be discussed. Requires a preliminary report within 90 days after cessation of such hostilities. Requires each report to contain the number of military and civilian casualties sustained by coalition nations, by Iraq, and by nations not directly participating in such hostilities. Title VI: Miscellaneous Technical Amendments - Makes various technical or conforming amendments to Federal armed forces provisions, military pay and allowances provisions, National Guard provisions, and various public laws and specified Acts. Title VII: Definitions - Defines specified terms and phrases used in this Act.

War Crimes Prevention Education Act of 1991

United States · United States Congress · 6 March 1991

War Crimes Prevention Education Act of 1991 - Amends the Foreign Assistance Act of 1961 to prohibit foreign assistance to any country whose government engages in a consistent pattern of violations of international humanitarian law in situations of armed conflict. Prohibits, unless the President certifies to specified congressional officials that extraordinary circumstances warrant provision of such assistance: (1) foreign assistance to such countries' law enforcement forces and the issuance of licenses for the export of crime control and detection equipment to such countries; and (2) international military education and training assistance to such countries. Prohibits foreign assistance to any country that refuses to provide assurances that its training programs for military officers will include instruction on compliance with international humanitarian law in situations of armed conflict or whose armed forces commit violations of such law during an armed conflict. Waives such prohibition if national security interests warrant such waiver. Directs the Secretary of State, as part of the presentation materials for foreign assistance programs, to report on the observance of guarantees of international humanitarian law in situations of armed conflict in each country proposed as a recipient of foreign assistance. Requires the Secretary, at the request of the Congress, to submit information concerning a country's observance of such guarantees. Prohibits the delivery of foreign assistance to a country if the requested information is not submitted. Makes available funding for countries that have improved their records in observing international humanitarian law. Exempts training relating to international humanitarian guarantees in situations of armed conflict from a prohibition on the provision of police training assistance to foreign countries.

Foreign Relations Authorization Act, Fiscal Years 1992 and 1993

United States · United States Congress · 6 March 1991

Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 - Title I: Department of State - Part A: Authorization of Appropriations; Allocations of Funds; Restrictions - Authorizes appropriations for FY 1992 and 1993 for the Department of State for: (1) administration of foreign affairs; (2) the diplomatic security program; (3) international organizations and conferences; (4) international commissions; (5) migration and refugee assistance; (6) bilateral science and technology agreements; (7) Soviet-East European research and training; and (8) the Asia Foundation. Part B: Department of State Authorities and Activities - Sets forth congressional findings concerning the organization of the Department of State. Repeals provisions of the Foreign Assistance Act of 1961 that provide for the establishment of an Assistant Secretary of State for Human Rights and Humanitarian Affairs. Repeals provisions of the Immigration and Nationality Act that provide for the creation of the Bureau of Consular Affairs. Repeals a provision of the Department of State Appropriations Authorization Act of 1973 that provides for the establishment of the Bureau of Oceans and International Environmental and Scientific Affairs. Repeals provisions of the State Department Basic Authorities Act of 1956 that provide for the establishment of an Office of the Coordinator for International Communications and Information Policy. Amends the Foreign Service Buildings Act, 1926 to authorize the Secretary of State, subject to certain conditions, to enter into a contract for the acquisition of property and construction of diplomatic facilities in Moscow on a multiyear (not to exceed five years) basis when appropriations are available. Permits the cancellation of such contract when funds are not appropriated or available. Authorizes the Department of State to make advance payments for long-term leases and lease-purchase agreements when such payments serve the interest of carrying out the Foreign Service Buildings Act, 1926. Requires the Secretary to establish a threshold (currently, $25,000) at which leases must be approved under such Act. Amends the State Department Basic Authorities Act of 1956 to authorize the transfer into the Buying Power Maintenance Account of unobligated balances from accounts for the administration of foreign affairs. Prohibits the balance of the Account from exceeding $100 million. Permits funds appropriated for the Department of State in any account funded in the Department of State Appropriations Act to be transferred to any other appropriations account. Prohibits an account from being increased by more than 35 percent (ten percent for the salaries and expenses account and the acquisition of foreign buildings account) through such a transfer. Prohibits, unless the House Committee on Foreign Affairs and the Senate Committee on Foreign Relations are notified, the reprogramming of Department of State funds in excess of $500,000 (currently, $250,000). Permits funds appropriated to the Department of State to be obligated and expended without prior notification to the Congress in emergency situations. Authorizes the Secretary to expend funds in the Foreign Service Buildings Fund without prior notification to the Congress so long as: (1) total reprogramming actions do not exceed 15 percent of funds available in such Fund for any fiscal year; (2) no new programs or capital projects are undertaken which have not been presented to the Congress; and (3) the Secretary reports quarterly to the Congress on reprogramming activities. Redesignates the Office of Munitions Control of the Department of State as the Office of Defense Trade Controls and increases the amount of registration fees collected by the Office that is required to be credited to a Department of State account. Authorizes the Secretary to pay the expenses of any international meeting or conference for which the United States serves as the host. Repeals a provision of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 that expands model foreign language competence posts. Amends the State Department Basic Authorities Act of 1956 to extend the authorization of appropriations for grants to child care facilities at certain posts abroad. Increases the amount authorized to be made available for the construction of Foreign Service Institute training facilities. Authorizes the Secretary to use funds to: (1) pay obligations arising under international agreements, conventions, and binational contracts; and (2) purchase special purpose passenger vehicles without regard to price limitations. Permits the Secretary to make payments in advance of the share of expenses for international fisheries commissions. Part C: Diplomatic Reciprocity and Security - Amends the Omnibus Diplomatic Security and Antiterrorism Act of 1986 to raise the threshold (from $5,000,000 to $10,000,000) on diplomatic construction or design projects on which only U.S. persons may bid. Amends the State Department Basic Authorities Act of 1956 to authorize special agents of the Department of State and Foreign Service to make arrests without warrants for any offenses against the United States committed in their presence. Part D: Personnel - Amends the Foreign Service Act of 1980 to permit members of the Senior Foreign Service who are appointed to positions in the executive branch to continue to receive the Foreign Service salary, performance pay, and leave in lieu of the salary and leave of the appointed position. Revises provisions concerning the salaries of chiefs of mission. Defines as an "employee," for purposes of provisions governing civil service retirement, life insurance, and health insurance, an individual employed by an international organization who has deposited required employee deductions. Amends provisions concerning the Federal Employees' Retirement System (FERS) and the Foreign Service Pension System (FSPS) and the Internal Revenue Code and the Social Security Act to deem as self-employed for purposes of social security coverage Federal employees who leave positions in which they are subject to social security employment taxes for employment in international organizations abroad (these amendments provide for continuation by such persons in FERS or FSPS). Grants employee contributions to the Thrift Savings Fund preferential tax treatment as long as such contributions are submitted to the agency from which the employee is transferred by the international organization. Amends the State Department Basic Authorities Act of 1956 to grant access to commissaries to American citizens hired to serve as teaching staff for dependents of Federal employees abroad. Amends the Foreign Service Act of 1980 to extend the period of temporary storage of personal effects of Foreign Service employees for an additional three months in extraordinary circumstances. Authorizes the Secretary to pay for the transport of the remains of a Foreign Service member to the designated home in the United States if the death of such member occurs in the United States. (Current law authorizes payment only for the transport of the remains of a member or family member who dies while abroad or in travel status.) Provides for payment for up to 60 days to Federal employees whose families or dependents are required to evacuate a post (even if the employee remains at such post). Revises Federal provisions regarding quarters, education, and cost of living allowances for Federal employees stationed in foreign countries. Includes Foreign Service national employees of the U.S. Government abroad in the definition of "employee" for purposes of applying Federal employee provisions concerning voluntary transfers of leave. Part E: Modifications to Other Laws - Repeals provisions of specified laws concerning: (1) a prohibition on denying requests by the Drug Enforcement Administration for danger pay allowances; (2) the assignment of U.S. officers and staff to the U.S. Mission to the European Community in Brussels, Belgium; (3) employment of commercial personnel at the American Institute of Taiwan; (4) the stationing of an Agency for International Development professional in the consulate in Jerusaleum or the embassy in Tel Aviv, Israel; (5) a travel advisory warning for Jalisco, Mexico; and (6) the closing of, and funding for, specified diplomatic and U.S. Information Agency posts. Part F: International Organizations - Repeals provisions of specified Acts concerning the U.S. contribution to the International Committee of the Red Cross. Authorizes the President to withhold 20 percent of the funds appropriated for the U.S. contribution to the United Nations if the United Nations has failed to implement decision-making procedures on budgetary matters which assure that attention is paid to the views of the United States and other major financial contributors. Permits payments of assessed contributions for prior years to the United Nations if such payment would further U.S. interests in such organization. Removes a limit on the amount authorized to be appropriated annually for U.S. membership in the Permanent Association of International Road Congresses. Amends the American-Mexican Treaty Act of 1950 to authorize funds to be made available for entertainment and representation expenses of the U.S. section of the International Boundary and Water Commission. Repeals a provision of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 that requires the Secretary to report on the status of secondment within the United Nations by the Soviet Union and Soviet-bloc member nations. Part G: Japan-United States Friendship Commission - Amends the Japan-United States Friendship Act to revise provisions concerning administrative expenses of the Japan-United States Friendship Commission.

National Energy Strategy Act

United States · United States Congress · 6 March 1991

National Energy Strategy Act - Title I: Residential, Commercial, and Federal Energy Use - Subtitle A: Consumer and Commercial Products - Amends the Energy Policy Conservation Act to expand the list of commercial products covered by the Act. Directs the Federal Trade Commission to prescribe labeling rules for such products. Prohibits the Secretary of Energy from prescribing energy conservation standards for certain electric lights or commercial products listed in the Act. Subtitle B: Federal Energy Management - Amends the National Energy Conservation Policy Act to authorize Federal agency participation in private sector energy demand management or application of conservation measures to Federal buildings. Title II: Natural Gas - Subtitle A: Natural Gas Pipeline Reform - Amends the Natural Gas Act to authorize the Federal Energy Regulatory Commission (FERC) to direct a natural-gas entity (pipeline) to interconnect physically with other facilities, at the applicants expense, in order to receive natural gas from the other facilities for transportation in the pipeline. Declares that for purposes of the National Environmental Policy Act of 1969, a FERC certification of public convenience and necessity with respect to a natural gas facility is the only major Federal action requiring a detailed environmental impact statement. Amends the Natural Gas Policy Act of 1978 to: (1) authorize an interstate pipeline to construct facilities incidental to transportation service upon 30 days notice to the affected State commission; and (2) require FERC to authorize any interstate pipeline to transport natural gas on behalf of any person. Amends the Natural Gas Act to declare that a mutually agreed-upon natural gas transportation rate between a natural-gas company and its customer is deemed just and reasonable, and in compliance with such Act. Sets forth expedited certification procedures for natural gas transportation and related facilities construction. Provides for the construction and operation of natural gas transportation facilities with an option not to obtain a certificate of public convenience and necessity (thus taking such facility out of the jurisdiction of the Act.) Authorizes FERC to issue an order finding that if a natural-gas company's market is competitive and its transportation or sales services charges are not unduly discriminatory such charges are not subject to its jurisdiction. Subtitle B: Natural Gas Import/Export Deregulation - States that neither FERC nor a State may prohibit or condition the importation or exportation of natural gas or treat exported or imported natural gas differently from any other natural gas while it is within the United States. Authorizes the President to: (1) waive any law relating to natural gas importation or exportation upon finding that the national interest requires it; or (2) specify when such natural gas importation or exportation law is considered satisfied if the appropriate Federal or State agency has not taken final action. Subtitle C: Structural Reform of the Federal Energy Regulatory Commission - Amends the Department of Energy Organization Act to abolish FERC and establish within the Department of Energy the Natural Gas and Electricity Administration to be headed by an Administrator appointed by the President. Transfers to the Secretary of Energy the functions of the Federal Power Commission and FERC. Sets forth rulemaking procedures for rates and charges with respect to natural gas and electricity. Title III: Oil - Subtitle A: Alaska Coastal Plain Oil and Gas Leasing - Arctic Coastal Plain Competitive Oil and Gas Leasing Act - Directs the Secretary of the Interior (the Secretary) to establish and implement a competitive oil and gas leasing program on the Coastal Plain. Declares that this Act is the Secretary's sole legislative authority for authorizing and conducting such a program (whether competitive or noncompetitive). Requires the Secretary to issue regulations encompassing environmental protection of the Coastal Plain. Declares that the Department of the Interior's Legislative Environmental Impact statement is compatible and consistent with the major purposes and policies of the National Environmental Policy Act of 1969, and therefore no further environmental analysis or documentation is required for the issuance of regulations. Prescribes procedural guidelines for land lease sales on the Coastal Plain, and for exploration, development and production plans. Sets forth bonding requirements, and lease suspension and cancellation guidelines. Directs the Secretary to require lessees to unite with each other in collectively adopting and operating under a unit plan of development, including the construction of a common carrier pipeline to transport oil and gas to the exterior boundary of the Coastal Plan. Requires lessees and permittees to provide the Secretary with certain geological and geophysical data obtained from exploration or development activities. Sets forth remedies and penalties for violations of this Act. Directs the Secretary to report annually to the Congress about the leasing program. Repeals certain limitations applicable to subsurface interests owned by certain Alaskan corporations. Provides for expedited judicial consideration of any claims for relief by them. Directs the Secretary to promulgate environmental protection regulations which ensure that Coastal Plain activities will avoid significant adverse effects on fish and wildlife, their habitat, and the environment. Requires site-specific assessment and mitigation. Designates the Sadlerochit Spring Special 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. Makes leaseholders fully responsible and liable for land reclamation within the Coastal Plan 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 leaving the Coastal Plain. Prescribes revenue collection and expenditure procedures. Mandates that oil and gas revenues be deposited into the Treasury. Subtitle B: Naval Petroleum Reserve Leasing - Naval Petroleum Reserve Leasing Act - Authorizes the Secretary of Energy (the Secretary)) to lease Naval Petroleum Reserve Numbered 1 (California) if it is not necessary for national defense purposes. Sets forth leasing and antitrust guidelines. Mandates the use of competitive leasing procedures, minimum royalty payments, and crude oil set asides for sale to small refiners by Reserve lessees. Authorizes the Secretary to take certain steps to arrange and conduct a leasing action. Authorizes the Secretary to acquire privately owned lands or physical improvements within a Naval Petroleum Reserve if a lease of Naval Petroleum Reserve Numbered 1 cannot be arranged. Amends the Energy Policy and Conservation Act to authorize the Secretary to store within the Strategic Petroleum Reserve a Defense Petroleum Inventory of petroleum products (in addition to any other acquisition and storage for such Reserve required by law). Directs the Secretary to obligate the United States share of funds available in the Naval Petroleum Reserve Lease Proceeds Special Account (created by this Act) for the acquisition of 10,000,000 barrels of crude oil for the Defense Petroleum Inventory. Declares that upon request of the Secretary of Defense: (1) crude oil acquired for or dedicated to the Defense Petroleum Inventory shall be drawn down and distributed by the Secretary of Energy for the Department of Defense for use, sale, or exchange; and (2) the Secretary of Energy shall replace in the Defense Petroleum Inventory crude oil drawn down on behalf of the Department of Defense. Requires the Department of Defense to reimburse the Department of Energy for services rendered under this Act. Establishes the Naval Petroleum Reserve Lease Proceeds Special Account in the Treasury to implement this Act. Funds such Special Account with amounts realized from the lease of any United States interest in Naval Petroleum Reserve Numbered 1. Sets forth a payment scheme under which lease proceeds shall be used to make payments to the State of California. Declares that: (1) the authority to lease under this Act extends to specified sections within Naval Petroleum Reserve Numbered 1; and (2) this Act does not affect the withdrawal of lands provided for in certain school land grants. Subtitle C: Oil Pipeline Deregulation - Oil Pipeline Regulatory Reform Act - Amends the Department of Energy Organization Act to terminate FERC jurisdiction over oil and other pipelines except the Trans-Alaska Pipeline. Authorizes the Attorney General to petition the Secretary of Energy (the Secretary) for an adjudication of whether FERC rate regulation of an existing pipeline in any market is in the public interest. Prescribes adjudication guidelines. Provides that pipeline rates for service to markets which are not identified in a mandatory published adjudications list will no longer be subject to FERC regulatory jurisdiction. Prescribes adjudication guidelines under which the Secretary shall find that regulation of a pipeline is in the public interest only if it is demonstrated that such regulation is necessary to constrain the exercise of substantial market power in the supply and demand of products transported by the pipeline in that market. States that new pipelines shall not be subject to existing Commission regulatory jurisdiction or rate regulation, but shall be subject to common carrier regulation under such Act. States that Commission rate regulation shall be prospective only. Prohibits terminated Commission regulatory jurisdiction from reverting to any other Federal agency. Confers exclusive, original jurisdiction over any petition for judicial review upon the U.S. Court of Appeals for the District of Columbia Circuit. Precludes from such judicial review any action of the Attorney General under this Act, including adjudication petitions. Outlines the parameters within which pipelines are required to operate as common carriers. Requires pipelines to file terms of carriage schedules (except carriage rates) with the Commission. Sets forth guidelines for maximum FERC rates on a market by market basis, subject to price cap regulation based on base rates and cumulative changes in a Competitive Pipeline Price Index. Precludes a pipeline from conditioning its services upon entering into other transactions or on taking or refraining from any action. Requires the Secretary to report to the Congress regarding the results of this Act five years after the conclusion of all adjudications. Retains the applicability of antitrust laws to pipeline transportation of crude oil or refined oil products. Title IV: Electricity Generation and Use - Subtitle A: Public Utility Holding Company Act Reform - Sets forth regulatory guidelines for exempt wholesale generators and qualifying facilities. Subtitle B: Power Marketing Administration Repayment Reform - Power Marketing Administration Timely Payment Act - Mandates that each power marketing administration provide for timely repayment to the Treasury of principal and interest for power investments. Prescribes repayment guidelines. Title V: Nuclear Power - Subtitle A: Licensing Reform - Amends the Atomic Energy Act of 1954 to provide procedural guidelines for issuance by the Nuclear Regulatory Commission (NRC) of a combined construction and operating license. Mandates that such combined license applications include a State, local, or utility emergency plan. Requires the NRC to propose implementing regulations under this Act within one year of its enactment. Subtitle B: Nuclear Waste Management - Amends the Nuclear Waste Policy Act of 1982 to declare that, for purposes of site characterization activities, the appropriate Federal agency shall administer the pertinent rules and regulations without regard to whether such administration has been or could be, delegated to a State or superseded by comparable State law. Declares State, local or tribal laws inapplicable to site characterization activities under this Act. Directs the Secretary to implement site characterization activities in spite of any refusal by either State, local or tribal authorities to act upon requested authorizations to proceed with related site characterization activities. Sets forth a 60-day deadline within which actions to contest the constitutionality of this Act must be brought. Prohibits a court from enjoining site characterization activities in such actions except as part of a final judgment. Title VI: Renewable Energy - Subtitle A: PURPA Size Cap and Co-Firing Reform - Amends the Public Utility Regulatory Policies Act of 1978 (PURPA) to direct FERC to prescribe rules requiring electric utilities to offer to purchase electric capacity from alternative power production facilities only through competitive acquisition. Makes alternative power production facilities eligible for exemptions from PURPA, the Federal Power Act, and State law if they meet certain requirements. Subtitle B: Hydroelectric Power Regulatory Reform - Amends the Federal Power Act to include as part of the hydroelectric power licensing procedure an applicant's plan concerning studies to be undertaken in connection with the licensing process, and a summary of the applicant's consultation activities with Federal and State agencies and Indian tribes. Sets forth guidelines for additional licensing procedures. Directs FERC to coordinate a single, consolidated licensing review (including review under the National Environmental Policy Act of 1969) of a hydropower project license application that is subject to Federal, State, or Indian tribal review. Removes from FERC jurisdiction hydropower projects with installed capacities of five megawatts or less that have not received a license by the date of enactment of this Act. Title VII: Alternative Fuel: Subtitle A: Alternative and Dual Fuel Vehicle Credits - Amends the Motor Vehicle Information and Cost Savings Act to eliminate limits on the credit toward complying with the corporate average fuel economy (CAFE) standards available to manufacturers for the production of light duty alternative fuel vehicles and certain dual fuel vehicles. Subtitle B: Alternative Transportation Fuels - Sets forth acquisition and credit allocation guidelines for alternative fuel vehicles. Requires persons who own or otherwise control a fleet of motor vehicles of different types and sizes to make a specified percentage of their annual vehicle acquisitions alternative fuel vehicles. Prescribes civil and administrative penalties for noncompliance with this Act. Title VIII: Innovation and Technology Transfer - Amends the Stevenson-Wydler Technology Innovation Act of 1980 to allow each Federal agency to: (1) secure copyright on behalf of the United States in any computer software prepared in whole or in part by U.S. employees under a cooperative research and development agreement or other authority, notwithstanding provisions of Federal copyright law; and (2) grant in advance to a collaborating party licenses or assignments for the copyrights, or options thereto, retaining specified rights. Adds references to software and its author to provisions governing the distribution of royalties received by Federal agencies. Title IX: Tax Incentives - Amends the Internal Revenue Code to postpone from December 31, 1991, to December 31, 1992, the termination date for energy investment tax credits. Repeals the termination dates (thus making permanent) for the credit for increasing research activities, including the credit for clinical testing expenses for certain drugs for rare diseases or conditions (orphan drugs).

Equity for Federal Employee Reservists Act

United States · United States Congress · 6 March 1991

Equity for Federal Employee Reservists Act - Entitles civilian employees of the Federal Government or the government of the District of Columbia ordered to active duty as a member of a reserve component of the armed forces during the Persian Gulf Conflict to special pay equal to the amount by which their civilian pay exceeds their military pay. Permits such employees to elect to participate in, and to make retroactive contributions to, the Thrift Savings Plan. Makes such service on active duty creditable for purposes of retirement under the Federal Employees' Retirement System and the Civil Service Retirement System.

Desert Shield and Desert Storm Military Personnel Student Financial Aid Fairness Act of 1991

United States · United States Congress · 6 March 1991

Desert Shield and Desert Storm Military Personnel Student Financial Aid Fairness Act of 1991 - Amends the Higher Education Act of 1965 (HEA) to direct the Secretary of Education (the Secretary) to waive or modify any statutory or regulatory provision applicable to HEA student assistance programs to ensure that those serving on active duty in connection with Operation Desert Shield or Desert Storm: (1) are not placed in a worse position financially in relation to their Stafford or Perkins loans because of such service; (2) have administrative burdens eased and avoid inadvertent technical defaults with respect to student loans under HEA title IV; and (3) do not have their future eligibility for Pell Grants reduced by the amount of assistance awarded for the instruction period they were unable to complete because of such service. Directs the Secretary to publish notice of such waivers or modifications. Expresses the sense of the Congress that all institutions offering postsecondary education should provide at least a pro rata refund or credit for tuition and fees for that portion of an instruction period that any Armed Force or Reserve member was unable to complete because of active duty service in connection with Operation Desert Shield or Desert Storm. Directs the Secretary to: (1) encourage institutions to provide such refunds or credits; and (2) report to the appropriate congressional committees on their actions, including information on any institutions not providing such refunds or credits.

To authorize the President to award a gold medal on behalf of the Congress to General H. Norman Schwarzkopf and to provide for the production of bronze duplicates of such medal for sale to the public.

United States · United States Congress · 6 March 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.

Commending the President and United States and allied military forces on the success of Operation Desert Storm.

United States · United States Congress · 6 March 1991

Acclaims the President for his decisive leadership, unerring judgment, and sound decisions with respect to the Persian Gulf crisis. Commends and expresses appreciation to the members of the U.S. armed forces and other members of the international coalition who participated in Operation Desert Storm. Conveys sympathy and condolences to the families and friends of coalition and U.S. forces who were injured or killed during such operation. Expresses compassion for the families of noncombatants who suffered hardship and personal losses during the Persian Gulf War. Supports continued efforts to promote peace and stability in the Persian Gulf.

Donald Jay Yockey, of California, to be Under Secretary of Defense for Acquisition, vice John A. Betti, resigned.

United States · United States Senate · 5 March 1991

A bill to authorize the President to award a gold medal on behalf of the Congress to General Colin L. Powell, and to provide for the production of bronze duplicates of such medal for sale to the public.

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.

Missile Defense Act of 1991

United States · United States Congress · 5 March 1991

Missile Defense Act of 1991 - Directs the Secretary of Defense to immediately undertake the development and testing of systems designed to defend the United States and its armed forces from strategic and tactical ballistic missiles. Specifies the types of systems and components authorized to be developed and tested. States that nothing in this Act alters the right of the United States to deploy antiballistic missile systems as provided for in the ABM Treaty.

Persian Gulf Conflict Burden-Sharing Act of 1991

United States · United States Congress · 5 March 1991

Persian Gulf Conflict Burden-Sharing Act of 1991 - Directs the President to determine whether each foreign country that receives trade benefits from the United States is making a commensurate contribution to the multinational military mobilization carried out in response to the Iraqi invasion of Kuwait. Requires the President to impose an additional duty to dutiable products and a duty to duty-free products of countries that are found not to be contributing to the mobilization. Provides for the termination of such duties. Establishes the Persian Gulf Conflict Reimbursement Fund to receive duties collected under this Act. Makes the Fund available solely to reimburse appropriations made to support U.S. participation in the mobilization.

Operation Desert Shield/Desert Storm Commemorative Coin Act

United States · United States Congress · 5 March 1991

Operation Desert Shield/Desert Storm Commemorative Coin Act - Requires the Secretary of the Treasury to issue one dollar coins emblematic of the U.S. military's participation in Operation Desert Shield/Desert Storm. Sets a termination date for the Secretary's authority. Mandates that the: (1) minting and issuing of such coins will not result in any net cost to the Federal Government; (2) surcharges received from the sale of such coins be used to defray the costs of Operation Desert Shield/Desert Storm; and (3) Congress receive annual reports on all surcharge funds expenditures.

Omnibus Eastern European Security Assistance Act of 1991

United States · United States Congress · 5 March 1991

Omnibus Eastern European Security Assistance Act of 1991 - Requires at least 20 percent of the funds made available each fiscal year to carry out the international military education and training program under the Foreign Assistance Act of 1961 to be made available to train Central and Eastern European military personnel and civilian political leaders and their staffs. Requires trainees under such program to receive instruction designed to promote adherence to protecting civilians and prisoners from harm and intimidation, reporting to the proper authorities all human rights abuses by military forces, and accepting the authority of elected civilian officials. Directs the President, through the Secretary of State and the Attorney General, to ensure that a significant number of students from Central and Eastern Europe be included in the training offered by the National Academy of the Federal Bureau of Investigation. Amends the Foreign Assistance Act of 1961 to authorize the President to furnish international criminal investigative training and administration of justice assistance to countries and organizations in Central and Eastern Europe. Outlines authorized activities and types of assistance. Prohibits any program or exchange from taking place with the authorities of a nonelected government or with a regime that carries out human rights violations or is negligent in the prosecution of hate crimes. Authorizes appropriations. Requires the Director of the U.S. Information Agency to require the translation into the appropriate languages of books and other materials concerning transitions to democracy and civilian control over justice, military, and security forces for distribution to parliaments, relevant ministries, and institutions of higher learning throughout Central and Eastern Europe. Directs the Secretary, together with the Attorney General, to report to specified congressional committees on possible sites for the establishment of at least three legal attache posts at U.S. embassies in Central and Eastern Europe.

Reproductive Health Equity Act

United States · United States Congress · 5 March 1991

Reproductive Health Equity Act - Amends title XIX (Medicaid) of the Social Security Act, the Indian Health Care Improvement Act, the Peace Corps Act, the District of Columbia Self-Government and Governmental Reorganization Act, and other Federal laws covering armed forces personnel and dependents, certain veterans, Federal employees' health benefits, and Federal penal and correctional institutions to provide that services related to abortion be made available to the same extent as are other pregnancy-related services under federally-funded programs. Repeals provisions of the Indian Health Care Improvement Act requiring submission of a resource allocation plan to the Congress by December 17, 1981.

A joint resolution authorizing and requesting the President to appoint General Colin L. Powell and General H. Norman Schwarzkopf, Jr., United States Army, to the permanent grade of General of the Army.

United States · United States Congress · 5 March 1991

Authorizes and requests the President to appoint Generals Colin L. Powell and H. Norman Schwarzkopf, Jr., United States Army, to the permanent grade of General of the Army.

A resolution to express the sense of the Senate that American small businesses should be involved in rebuilding Kuwait.

United States · United States Congress · 5 March 1991

Expresses the sense of the Senate that: (1) the U.S. Government should be actively involved in promoting American small businesses to help rebuild Kuwait; (2) the Administrator of the Small Business Administration and the Secretaries of Commerce, Defense, and State should cooperate in providing assistance to American small businesses seeking to become involved in such rebuilding; and (3) the Administrator should conduct a public information campaign using local and national offices to advise American small businesses about becoming involved in such activities.

A resolution to encourage the President of the United States to confer with the sovereign state of Kuwait, countries of the Coalition or the United Nations to establish an International Criminal Court or an International Military Tribunal to try and punish all individuals, including President Saddam Hussein, involved in the planning or execution of Crimes against Peace, War Crimes, and Crimes against Humanity as defined under international law.

United States · United States Congress · 5 March 1991

Calls for the President to confer with Kuwait, other member nations of the coalition against Iraq, or the United Nations to establish an International Criminal Court or an International Military Tribunal to try and punish all individuals, including Saddam Hussein, involved in the planning or execution of specified war crimes and crimes against humanity in violation of international law.

Battered Women's Testimony Act of 1992

United States · United States Congress · 5 March 1991

Battered Women's Testimony Act of 1991 - Directs the State Justice Institute, by grants to or contracts with a single eligible entity, to: (1) collect and analyze information regarding the admissibility and quality of expert testimony on the experiences of battered women offered as part of the defense in criminal cases under State law and regarding sources of, and methods to obtain, funds to pay costs incurred to provide such testimony, particularly in cases involving indigent women defendants; (2) develop training materials to assist battered women, operators of domestic violence shelters, battered women's advocates, and attorneys in using such testimony in appropriate cases and to assist individuals with expertise in the experiences of battered women in developing skills appropriate to providing such testimony; and (3) disseminate such information and training materials and provide related technical assistance to battered women, shelter operators, advocates, attorneys, and individuals providing testimony.