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Bill· HRH.R. 1782 (102nd)open
United States · United States Congress · 16 April 1991
National Traffic Fatality and Injury Reduction Act of 1991 - Authorizes the Secretary of Transportation to make grants for traffic safety programs to States which require any person riding a motorcycle to wear a helmet and any driver or front seat passenger of a passenger car to have seat belts properly fastened. Authorizes appropriations. Requires States receiving grants to agree to maintain at least their average levels of expenditures for traffic safety programs over the preceding two fiscal years. Prohibits a State from receiving such a grant in more than three fiscal years. Specifies the Federal share of grants and the aggregate amount of such grants to each State. Sets forth requirements with respect to: (1) States' eligibility for grants; and (2) measurement of compliance with State safety laws. Eliminates a provision prohibiting a highway safety program approved by the Secretary from requiring that motorcycle operators or passengers 18 years or older wear a safety helmet. Requires any State where it is lawful to operate or ride a motorcycle without wearing a motorcycle helmet or to occupy a front seating position in a passenger car without using a safety belt or child restraint system to expend a specified percentage of its apportioned Federal aid highway funds for highway safety programs.
Bill· HRH.R. 1775 (102nd)open
United States · United States Congress · 16 April 1991
Panama Canal Commission Authorization Act for Fiscal Year 1992 - Authorizes expenditures by the Panama Canal Commission for FY 1992 for the operation, maintenance, and improvement of the Panama Canal. Makes such funds available for the purchase of passenger motor vehicles and for pay increases authorized by administrative action not in excess of statutory increases for other U.S. employees in comparable positions.
Bill· HRH.R. 1792 (102nd)referred
United States · United States Congress · 16 April 1991
International Cooperation Act of 1991 - Title I: Statement of Policy; Economic Assistance Programs - Amends the Foreign Assistance Act of 1961 to revise policy provisions. Declares that it should be U.S. policy that the financial, material, and human resources authorized by this Act should serve the following goals: (1) to promote and consolidate democratic values, market principles, and peace; (2) to protect against transnational threats; and (3) to meet humanitarian needs. Expresses the sense of the Congress that the United States should: (1) concentrate development assistance in countries which will make the most effective use of such assistance; (2) focus development assistance on activities which the United States can provide most effectively and which meet the particular economic assistance requirements of a country; and (3) not provide assistance if the relevant sector or economic policies of a country are unfavorable to the sustainability or impact of the assisted project. Authorizes the President to provide development assistance to support economic growth and democratic development and to address humanitarian needs and global problems. Authorizes appropriations for development assistance for FY 1992. Permits the President to use development assistance funds for: (1) capital and infrastructure assistance; (2) development education programs to educate U.S. citizens about developing countries; and (3) assistance to nongovernmental organizations to strengthen their capacity to carry out programs for the economic and social development of developing countries. Expresses the sense of the Congress that: (1) the well-being of countries is affected by how the world's environment and physical resource base are managed and that consumption patterns, systems of industrial and agricultural production, and the use of natural resources have an impact on long-term development and growth and survival of all countries; (2) environmentally responsible management of physical resources is necessary by countries to insure their availability for future generations and to assure that the burdens of improved resource management do not fall disproportionately on the poor; and (3) economic assistance programs should assist countries in carrying out programs and policies that promote environmentally sound economic development. Declares that recipient countries should bear a share of the costs of development assistance programs under this Act. Prohibits economic assistance from being used for military or paramilitary purposes. Exempts from such prohibition assistance involving the participation of military personnel in training activities and conferences. Authorizes the President to: (1) make investments in, loans for, and guarantees assuring against losses incurred in, projects in developing countries that meet specified private sector criteria; and (2) make loans (currently, issue guarantees against losses incurred in connection with loans) for housing and urban projects. Revises provisions concerning the housing and urban development guarantee program. Prohibits assistance for such projects if the credit subsidy associated with the borrower would exceed 25 percent. Authorizes appropriations. Authorizes the President to furnish assistance to countries and organizations to strengthen administration of justice in developing countries and emerging democracies. Permits the President to provide such assistance if a country: (1) has recently emerged or is in the process of emerging as a democracy; or (2) has recently emerged or is emerging from civil strife and has a democratically elected government or is making substantial progress toward a democratic form of government. Authorizes appropriations. Revises provisions concerning international narcotics control. Permits funds for economic support assistance, foreign military financing, or international military education and training to be transferred and consolidated with funds for international narcotics control if: (1) such assistance is withheld from the country for which it was allocated because of laws that require the withholding of assistance from countries that have not cooperated with the United States or taken steps to halt illicit drug production and trafficking; and (2) such funds are used for assistance to countries that have taken significant steps to halt illicit drug production or trafficking. Makes provisions of law that prohibit assistance to countries in default on obligations owed to the United States inapplicable with respect to narcotics-related assistance. Revises congressional reporting requirements with respect to international narcotics production and trafficking. Authorizes appropriations for FY 1992 for such assistance. Authorizes appropriations for FY 1992 for American schools, libraries, and hospital centers abroad. Permits the President to use funds available under this title for grants to, or contracts with, nongovernmental organizations to enable such organizations to: (1) purchase debt obligations owed by developing countries to commercial lending institutions, foreign governments, or other parties; and (2) cancel such obligations subject to the President's approval, to the extent that such country makes available assets or policy commitments to promote the goals of this Act. Authorizes grantees or contractees to retain interest earned on the proceeds of debt-for-development or debt-for-environment purchases or exchanges pending the disbursement of such proceeds and interest for the purposes for which assistance was provided. Authorizes Federal agencies to: (1) furnish services and commodities on an advance-of-funds or reimbursement basis to friendly countries, international organizations, and nongovernmental organizations; and (2) contract with individuals for personal services abroad or in the United States to perform such services in lieu of Federal employees. Authorizes appropriations for FY 1992 for international disaster assistance. Authorizes appropriations for FY 1992 for grants to international organizations. Permits the President to withhold contributions from an organization if such organization is denying Israel or other designated countries the right to participate in such organization's activities. Withholds contributions from Libya, Iran, Cuba, and the Palestine Liberation Organization (PLO). Authorizes the withholding of contributions from the United Nations Relief and Works Agency for Palestine Refugees in the Near East unless the Agency assures that no U.S. contribution is used to assist any refugee who: (1) is receiving military training as a member of the PLO or any other guerrilla organization; or (2) has engaged in any act of terrorism. Declares that the President should (currently, requires) seek evaluation and auditing of programs of the United Nations, the International Bank for Reconstruction and Development, the International Development Association, the International Finance Corporation, the Multilateral Investment Guarantee Agency, the Inter-American Development Bank, the Inter-American Investment Corporation, the African Development Bank, the African Development Fund, the Asian Development Fund, and the Asian Development Bank. Authorizes appropriations for FY 1992 for operating expenses of the agency (administering agency) designated by the President to administer this title and of the Office of Inspector General of such agency. Permits such agency to expend funds in advance of appropriations to maintain operations at posts abroad for up to three days. Declares that the President should establish a program performance evaluation capacity to: (1) develop a program performance information system to afford such agency's managers a means for monitoring achievement of impact and interim performance of the agency's major programs; (2) prepare and disseminate reports on the agency's progress in meeting development objectives for major assistance categories and recipient countries; (3) strengthen the implementation of foreign assistance projects; and (4) coordinate with the Inspector General of such agency to ensure complementarity of efforts. Expresses the sense of the Congress that: (1) the sustained participation of U.S. private voluntary organizations, cooperatives, and credit unions that are engaged in development activities serves as an important means of improving the lives of the poor in developing countries; (2) sustained participation of U.S. colleges and universities in the economic development programs of developing countries is vital to such countries' achievement of economic growth and open democratic political systems; and (3) such sustained participation would be enhanced by providing such organizations the opportunity to participate in the planning, development, and implementation of programs involving such organizations. Encourages the President to establish a partnership with such organizations to achieve the attainment of goals concerning development assistance. Title II: Military Assistance and Related Assistance and Sales Programs - Chapter I: Consolidation and Revision of Accounts - Revises policy provisions concerning military assistance. Revises the President's authority to furnish military assistance to friendly countries to permit the President to: (1) finance the sale of defense articles or services; or (2) finance the procurement of such articles (under certain circumstances) by any member country of the North Atlantic Treaty Organization (NATO) or any major non-NATO ally through leases from U.S. commercial suppliers. Requires sales under the Defense Trade and Export Control Act (formerly, the Arms Export Control Act) which are wholly paid from funds made available on a grant basis under this Act or were transferred or made available under former authorities prior to this Act's enactment to be priced to exclude the costs of salaries of members of the U.S. armed forces (other than members of the Coast Guard) and unfunded estimated costs of civilian retirement and other benefits. Permits the financing of the procurement of defense articles and services not sold by the U.S. Government only if the country or international organization proposing to make such procurement has signed an agreement with the United States specifying the conditions under which the procurement may be financed. Requires such agreements to grant the U.S. Government the right to deobligate any furnished funds that have not been committed for an approved use three years after the effective date of such an agreement. Authorizes assistance provided under this chapter to be on a grant, credit, or guarantee basis. Outlines criteria to be considered by the President in determining the terms of assistance. Outlines disbursement procedures for funds used to finance the procurement of defense articles and services. Makes such assistance available to a foreign country to make payments to the United States for credits or loans for defense articles or services granted under predecessor military sales or foreign assistance legislation. Revises provisions concerning eligibility for the receipt of defense articles or services and makes them applicable to the financing of such articles or services. Makes defense articles sold or leased under the Defense Trade and Export Control Act or furnished under predecessor foreign assistance or military sales legislation subject to the eligibility provisions of this title. Raises the ceiling on the value of defense articles and services authorized to be made available under certain emergencies. Revises and combines provisions concerning transfers of excess defense articles. Authorizes the transfer of: (1) excess defense articles (currently, nonlethal articles) to countries for which a foreign military financing program was justified in the fiscal year in which the transfer is authorized; and (2) excess property of the Coast Guard on the same basis as Department of Defense property is transferred. Declares that decisions to furnish foreign military financing assistance should take into account whether such assistance will: (1) contribute to an arms race; (2) increase the possibility of outbreak or escalation of conflict; or (3) prejudice the development of multilateral arms control arrangements. Permits such assistance to be provided for civic action in Africa. Authorizes appropriations for such assistance for FY 1992. Revises provisions concerning the location of stockpiles. Places a ceiling on the value of additions to stockpiles during FY 1992. Authorizes appropriations for FY 1992 for: (1) international military education and training; and (2) peacekeeping activities. Removes conditions on the type of arms on the U.S. Munitions List that may be provided for antiterrorism assistance. Authorizes appropriations for FY 1992 for antiterrorism assistance. Makes technical and conforming amendments to the Arms Export Control Act. Revises a provision regarding the Guaranty Reserve Fund and redesignates the Fund as the Foreign Military Loan Liquidating Account. Repeals a provision concerning the availability of funds for procurement of defense articles and services outside the United States. Permits the President to waive requirements under the Foreign Assistance Act of 1961 concerning the disposition of defense articles and services furnished before the effective date of this title. Chapter 2: Foreign Military Sales Program - Amends the Arms Export Control Act to rename such Act as the Defense Trade and Export Control Act. Repeals a provision concerning purposes for military sales or leases. Deems references to the Arms Export Control Act to be references to the Defense Trade and Export Control Act. Authorizes the President, by notifying the Congress, to designate a country as a major non-NATO ally or terminate such a designation. Deems Australia, Egypt, Israel, Japan, and the Republic of Korea to have been so designated by the President. Revises provisions concerning presidential certifications and congressional procedures for certain arms transfers. Raises the threshold on the dollar amount of defense equipment or services on which the President is required to submit specified certifications. Deems to be defense articles or services (for purposes of import and export controls) articles or services having military or intelligence applications. Requires articles and services that have gained a predominant civil application to be removed from the U.S. Munitions List. Disqualifies for financing under the Foreign Assistance Act of 1961 for 12 months any contracts of a person convicted or debarred for a violation of international traffic in arms regulations under the Defense Trade and Export Control Act. Authorizes the President to impose controls to prevent the proliferation of nuclear-capable missiles and chemical, biological, and related weapons. Permits charges for defense articles sold or licensed or approved for export after September 30, 1991, to exclude nonrecurring costs of research on or development or production of such articles. Replaces the authorities of specified Federal officials under the Defense Trade and Export Control Act with the authority of the President. Repeals an exemption to a prohibition on the resale of military firearms furnished to foreign governments. Repeals provisions concerning: (1) reports and price availability estimates; (2) discrimination; (3) restraint in arms sales to Subsaharan Africa; (4) foreign military sales credit standards; (5) foreign military sales to less developed countries; and (6) the crediting of registration fees. Title III: Overseas Private Investment Corporation; Trade and Development Agency - Amends the Foreign Assistance Act of 1961 to revise provisions concerning the Overseas Private Investment Corporation (OPIC). Limits the amount of OPIC's equity investments under a pilot program to 49 percent per project for projects in Eastern Europe. Directs OPIC to give preferential consideration in its investment insurance, reinsurance, and guarantee activities to investment projects sponsored by or involving U.S. small business or cooperatives. Permits OPIC to establish a revolving fund to be available solely for a pilot equity finance program. Authorizes (currently, requires) OPIC to charge fees for any service performed under this title. Provides for annual (currently, triennial) financial audits of OPIC. Authorizes the Inspector General of the administering agency (currently, the Agency for International Development) to conduct audits, investigations, and security activities with respect to OPIC. Eliminates OPIC's exemption from Federal taxation. Revises the authorities of the Director of the Trade and Development Agency (replaces the Trade and Development Program). Requires the Agency to disseminate information about its activities to the private sector. Sets forth the duties of the Inspector General of the administering agency with respect to the Agency. Authorizes appropriations for FY 1992. Title IV: Special Authorities, Restrictions on Assistance, and Reports - Revises provisions concerning special authorities of the President with respect to the furnishing of assistance and arms export sales, credits, and guaranties. Raises the ceilings on the amount of arms sales or leases, foreign assistance, and foreign currencies authorized to be furnished or used under the President's special authority to waive restrictions on assistance. Raises the ceilings on the amounts of such assistance that may be provided to any one country. Exempts from such limitation assistance for countries that are the victims of active (currently, Communist or Communist-supported) aggression. Authorizes the President to use funds (other than funds for foreign military financing or international military education and training) under this Act for unanticipated contingencies. Places an annual ceiling on such assistance. Prohibits such assistance from being used for gifts to foreign officials. Makes specified amounts of economic support and foreign military financing assistance available for emergency use to promote economic, political, or military stability. Authorizes the President to adopt as a U.S. contract or obligation any contract with a U.S. or third-country contractor that had been funded with assistance prior to the termination of such assistance. Applies assistance termination provisions to any provision of law concerning such terminations. Revises provisions concerning prohibitions on assistance. Adds to the list of restrictions prohibitions on assistance for: (1) a country whose government engages in a consistent pattern of human rights violations; (2) a country whose elected head of government is deposed by a military coup; and (3) a country that is a major drug producing or transit country if the country has not cooperated with the United States and has not taken adequate steps to control the illicit cultivation, production, trafficking, and abuse of narcotic and psychotropic drugs. Exempts from such prohibition assistance: (1) that is important to U.S. national interests, provided that such assistance will further U.S. nonproliferation objectives; (2) for the alleviation of suffering resulting from a natural or man-made disaster; (3) that benefits needy people; and (4) that will be furnished through nongovernmental organizations to promote respect for human rights and democracy. Prohibits the provision of such assistance until the President reports to the Speaker of the House of Representatives and the chairman of the Senate Foreign Relations Committee. Requires the President to maintain a list of Communist countries for purposes of restricting assistance. Authorizes the President to remove or exempt a country from the list or prohibitions on assistance, provided that such removal or exemption is reported to the Speaker of the House and the chairman of the Senate Foreign Relations Committee. Directs the President to report to such individuals on the rescission of a determination that a country provides support for international terrorism. Prohibits assistance to any country which is more than one year in arrears to the U.S. Government on loan payments under the Foreign Assistance Act of 1961 or former authorities of the Arms Export Control Act. Prohibits economic assistance from being made available to: (1) any organization or program which supports or manages a program of coercive abortion or involuntary sterilization; or (2) any foreign nongovernmental organization which performs or promotes abortion as a method of family planning. Requires funds for voluntary family planning services to be available only for projects which offer a broad range of family planning methods and services. Declares that the President should consider, in determining whether to provide economic assistance, whether assistance would be furnished to support any project designed to increase exports of agricultural, textile, or apparel commodities from developing countries that: (1) would be in direct competition with U.S. exports; and (2) can be expected to cause injury to U.S. exporters of the same or a similar commodity. Prohibits economic assistance from being used to influence the outcome of any election. Prohibits U.S. armed forces detailed to provide defense services, military education and training, or management of overseas military assistance programs from performing combat duties outside the United States in connection with such services. Outlines required elements of annual congressional presentation documents on foreign assistance. Revises provisions regarding U.S. assistance policies and human rights. Directs the President to report annually to the Congress on human rights practices in countries that are members of the United Nations. Revises provisions concerning congressional notification for program changes. Title V: General Provisions - Revises provisions regarding presidential authorities under this Act. Authorizes the President to designate an agency to administer economic assistance under this Act. Revises provisions regarding general authorities. Permits contracts which entail commitments for the expenditure of funds under the Foreign Assistance Act of 1961 to be extended for up to ten (currently, five) years. Revises provisions regarding administrative uses of funds. Permits funds to be used for programs under the Agricultural Act of 1949 and the Food for Progress Act of 1985. Removes funding limitations on assistance for the construction of living quarters, offices, schools, and hospitals abroad and for assistance to schools educating dependents of personnel abroad. Permits economic assistance funds to be used to reimburse Federal or State agencies or institutions of higher education that detail employees for economic assistance programs that require specialized technical skills. Provides that if an amount appropriated for any fiscal year to carry out a provision of this Act is less than the authorization amount and the provision calls for earmarked funds, such funds shall be deemed to be reduced to an amount bearing the same ratio to such funds as the amount appropriated bears to the authorization amount. Sets forth provisions concerning the generation and use of local currencies. Revises provisions concerning the use of local currencies owned by the United States. Authorizes nongovernmental organizations to invest local currencies accrued as a result of economic assistance provided by this Act and other specified Acts and to use interest earned on investments for assistance purposes. Revises provisions concerning the use of private enterprise for the procurement of commodities and defense articles. Authorizes the use of Federal facilities for technical assistance purposes when such facilities are not competitive with private enterprise. Revises provisions concerning procurement standards and procedures. Allows (currently, requires) the use of excess personal property or property already owned by a Federal agency (if a substantial savings would occur) in lieu of, or supplementary to, the procurement of new items for U.S.-assisted programs. Revises provisions concerning the use of excess property. Removes a ceiling on the amount of domestic excess property that may be held. Prohibits excess property from being used for economic assistance purposes unless approval is given and the President makes specified determinations regarding such property. Authorizes the use of economic assistance funds to pay transportation charges on shipments by the American National Red Cross and by registered U.S. private voluntary organizations. Revises provisions concerning personnel. Permits personnel detailed to foreign governments or international organizations to be assigned on a leave without pay status. Authorizes the detailing of Department of Defense personnel to any civil office to carry out this Act. Revises provisions concerning discrimination against U.S. personnel. Title VI: Technical and Conforming Provisions - Prohibits U.S. courts from declining on the ground of the Federal Act of State Doctrine to make a determination on the merits of international law in any case in which claim of title or right to property is asserted by any party, based upon a confiscation after January 1, 1959, by a state in violation of international law. Exempts from such prohibition cases in which: (1) an act of a foreign state is not contrary to international law or cases with respect to a right to property acquired pursuant to an irrevocable letter of credit issued in good faith prior to the time of taking; or (2) the President determines that application of such doctrine is required by U.S. foreign policy interests. Amends Federal provisions governing coins and currency to grant the Secretary of the Treasury: (1) responsibility with respect to foreign credits owed to or by the United States; and (2) sole authority to establish for all foreign currencies or credits the exchange rates at which such currencies are to be reported by Federal agencies. Authorizes the Foreign Claims Settlement Commission, at the request of the President, to report on the value of any property of any U.S. person expropriated by a foreign government. Prohibits Federal employees from effecting arrests in foreign countries as part of foreign police actions with respect to narcotics control. Lists exceptions to such prohibition. Prohibits Federal employees from interrogating or being present during the interrogation of any U.S. person arrested in a foreign country with respect to narcotics control efforts without such person's written consent. Exempts from such prohibition members of the U.S. armed forces carrying out responsibilities under Status of Forces arrangements. Makes technical and conforming amendments to specified Acts. Repeals specified Acts. Title VII: Special Assistance Initiatives - Chapter I: Development Fund for Africa - Authorizes project and program assistance for development in Subsaharan Africa. Requires the purpose of such assistance to be to help the poor majority of men and women in Subsaharan Africa to participate in a process of long-term development through economic growth that is equitable, participatory, environmentally sustainable, and self-reliant. Provides that such assistance should also promote sustained economic growth, encourage private sector development, promote individual initiatives, and help to reduce the role of central governments in areas more appropriate for the private sector. Declares that: (1) the local-level perspective of the rural and urban poor in Subsaharan Africa should be taken into account during the planning process for project assistance under this Act; and (2) consultations should be undertaken with private and voluntary organizations which have demonstrated effectiveness in or commitment to the promotion of local grassroots activities on behalf of development in Subsaharan Africa; (3) local people should be consulted and involved in projects that have a local focus; and (4) the President should ensure that development activities expand the participation and integration of African women in certain critical sectors. Requires assistance provided by this Act to emphasize projects to address critical sectoral priorities for development. Authorizes assistance to promote national economic policy reforms. Requires such reforms to include provisions to protect vulnerable groups, especially poor farmers and the urban poor, from possible negative consequences of such reforms. Designates as the critical sectoral priorities for long-term development: (1) increased agricultural production and the maintenance and restoration of renewable natural resources; (2) improved health conditions; (3) voluntary family planning services; (4) improved relevance and efficiency of education; and (5) development of income generating opportunities for the unemployed and underemployed. Imposes minimum levels of assistance for certain critical sectors. Declares that assistance provided under this Act should be concentrated in countries that will make the most effective use of such assistance. Allows assistance to be made available to: (1) assist Subsaharan African countries to increase their capacity to participate in donor coordination mechanisms at the country, regional, and sector levels; and (2) assist sector projects supported by the Southern African Development Coordination Conference. Authorizes assistance to South Africa for: (1) grants to nongovernmental organizations promoting efforts to foster a just society and help the victims of apartheid; (2) assistance to political detainees and prisoners and their families and to support actions of black community organizations to resist, through nonviolent means, the enforcement of apartheid policies; and (3) activities to assist in an end to apartheid and in the establishment of a society based on nonracial principles. Permits such grants to be only for organizations whose character and membership reflect the objective of a majority of South Africans for an end to apartheid and for interracial cooperation and justice. Authorizes appropriations. Expresses the sense of the Congress that there should be periodic evaluations of the progress of the administering agency in achieving assistance goals in Subsaharan Africa. Chapter 2: Assistance for Eastern Europe - Sets forth U.S. policy and objectives with respect to assistance for Eastern Europe. Declares that the United States should provide assistance for eligible East European countries that are taking steps toward: (1) political pluralism; (2) economic reform; (3) respect for human rights; and (4) a willingness to build a friendly relationship with the United States. Defines an eligible East European country as Poland, Hungary, Czechoslovakia, Bulgaria, Romania, Yugoslavia, and any other East European country taking such steps. Requires the basic objectives of such assistance to be the promotion of democracy and the encouragement of free market systems. Lists authorized types of assistance. Permits the President to furnish assistance to eligible East European countries. Provides that any authority in the Support for East European Democracy (SEED) Act of 1989 to furnish assistance for Poland or Hungary may be deemed to authorize assistance for any eligible East European country. Permits the President to use any funds made available for assistance for Eastern Europe under the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991 to provide balance of payments support with respect to eligible East European countries. Expresses the sense of the Congress that the President should use the authorities provided under the SEED Act and this Act to provide stabilization assistance to assist Hungary, Czechoslovakia, and other East European countries the President deems appropriate. Authorizes appropriations. Permits the President to: (1) designate Enterprise Funds for any country in Eastern Europe in the same manner and with the same authorities and limitations applicable to the Enterprise Funds for Poland and Hungary established pursuant to the SEED Act; and (2) provide funding and support to the Funds. Authorizes U.S. agencies that are authorized to provide assistance or conduct programs for Poland or Hungary pursuant to the SEED Act to provide such assistance or conduct such programs for eligible East European countries. Permits the President to authorize agencies to implement programs for management and technical assistance for governments and private enterprises in Eastern European countries. Makes appropriations to carry out this chapter available for contracting with individuals for personal services. Chapter 3: Multilateral Assistance Initiative for the Philippines - Expresses the sense of the Congress that: (1) the United States should participate with multilateral financial institutions and other bilateral donors in an economic reform and development program in the Philippines; and (2) a commitment of resources by the United States, donors, and such institutions and a reform effort and leadership role by the Government of the Philippines will be necessary to ensure economic growth in the Philippines and enhanced participation of the Filipino people in the democratic process. Authorizes the President to provide assistance to promote the goals of this Act. Links such assistance to progress by the Government of the Philippines in implementing its economic, structural, judicial, and administrative reform program. Authorizes appropriations. Limits the amount of appropriations for FY 1992. Expresses the sense of the Congress that prior to requesting additional amounts to carry out this Act, the President should take into account: (1) the progress being made by the Philippines toward achieving reform objectives; (2) the extent of participation by the bilateral donors and multilateral financial institutions; and (3) the efforts to coordinate the assistance program. Expresses the sense of the Congress that: (1) the coordination of objectives and programs by donors, institutions, and the Government of the Philippines is critical to the success of the multilateral assistance program; (2) all donors should simplify procurement and disbursement procedures to ensure that conditions on the provision or use of assistance are complementary; and (3) the Philippines should establish internal procedures that will ensure the most effective use of such assistance. Title VIII: Presidential Contingency Fund - Authorizes appropriations to the President for FY 1992 for unanticipated contingencies in programs within the International Affairs Budget Function. Title IX: Authorizations for Fiscal Year 1993 - Authorizes appropriations for FY 1993 to carry out programs for which appropriations for FY 1992 are authorized by this Act.
Bill· HRH.R. 1769 (102nd)open
United States · United States Congress · 15 April 1991
Cape May Point Lighthouse Preservation Act of 1991 - Authorizes the Secretary of the department in which the Coast Guard is operating to convey to the State of New Jersey the Cape May Point Lighthouse for operation as a nonprofit center for the preservation and interpretation of the material culture of the Coast Guard and the maritime history of Cape May, New Jersey. Requires equipment on the property which serves as navigational aids to continue to be operated and maintained by the United States which shall have an easement for such purposes.
Bill· SS. 811 (102nd)referred
United States · United States Congress · 11 April 1991
High-Speed Rail Transportation Act of 1991 - Amends the High-Speed Ground Transportation Act to require the Secretary of Transportation to lead and coordinate Federal efforts in the development of magnetic levitation (maglev) and other high-speed rail transportation technologies. Authorizes the Secretary to enter into one or more cooperative research and development agreements and one or more funding agreements with U.S. companies to: (1) research how to overcome technical barriers to the development and construction of high-speed rail transportation systems; and (2) transfer such technology to industry to help create a viable commercial high-speed rail transportation industry in the United States. Authorizes appropriations. Requires the Secretary to submit to appropriate congressional committees a study of the commercial feasibility of constructing one or more high-speed rail transportation systems in the United States. Directs the Secretary to establish the National High-Speed Rail Transportation Policy. Establishes within the Federal Railroad Administration the High-Speed Ground Transportation Office.
Bill· SS. 797 (102nd)referred
United States · United States Congress · 11 April 1991
Baltimore-Washington Corridor Magnetic Levitation Transportation System Demonstration Act of 1991 - Declares that it is the policy of the United States to construct a magnetically levitated transportation system linking the cities of Baltimore, Maryland, and Washington, D.C. Directs the Administrator of the Federal Railroad Administration to study the feasibility of constructing such a system. Requires the Administrator, upon a favorable determination, to conduct a competition for the award of grants for the research and development of system designs. Outlines the requirements for the award of such grants. Directs the Administrator to award one grant for the construction of a privately owned and operated magnetic levitation transportation system between the two cities. Authorizes appropriations.
Bill· SS. 816 (102nd)referred
United States · United States Congress · 11 April 1991
Amends the Foreign Assistance Act of 1961 to declare that the Congress recognizes that prompt U.S. assistance is desirable to help alleviate suffering in the Baltic republics. Directs the Administrator of the Agency for International Development to: (1) furnish humanitarian assistance for the relief of the Estonian, Latvian, and Lithuanian people; and (2) solicit donations of humanitarian assistance for Estonia, Latvia, and Lithuania and cooperate with private relief agencies attempting to provide such assistance. Authorizes the Commander-in-Chief of the U.S. Transportation Command to provide all necessary airlift and sealift to transport donations of medical supplies to the Baltic peoples. Authorizes appropriations. Urges the President to begin negotiations with the nations surrounding Estonia, Latvia, and Lithuania, including Poland and the U.S.S.R., regarding the importation of humanitarian assistance.
Bill· HRH.R. 1702 (102nd)referred
United States · United States Congress · 10 April 1991
Maritime Administration Authorization Act for Fiscal Years 1992 and 1993 - Authorizes appropriations for the Department of Transportation for: (1) operating-differential subsidies; (2) operations and training, including maritime education and training and national security support capabilities; and (3) maintaining a surge shipping capability in the National Defense Reserve Fleet in an advanced state of readiness and related programs. Amends Federal law to change from annually to biennially the reporting frequency regarding a report by the Secretary of Transportation to the Congress listing the specific assistance provided by the U.S. Government to the railroad industry during that fiscal year.
Bill· HRH.R. 1688 (102nd)open
United States · United States Congress · 10 April 1991
Omnibus Insular Areas Act of 1991 - Title I: Insular Areas Disaster Survival and Recovery Act of 1991 - Insular Areas Disaster Survival and Recovery Act of 1991 - Authorizes appropriations to the Secretary of the Interior for the construction of facilities to protect public health and safety and to enhance the survivability of essential infrastructure in the event of disasters in insular areas. Requires the President to provide technical assistance to insular areas which lack specific capabilities in responding to disasters. Directs the Secretary to report to the Congress on the status of recovery efforts in insular areas declared to be disasters by the President. Title II: Insular Areas Water, Sewerage, and Power Needs - Authorizes the Secretary of the Interior to study how the long-term water, sewerage, and power needs of American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the Virgin Islands can be resolved. Authorizes appropriations for grants to insular areas governments to carry out projects to evaluate the feasibility of, develop options for, and encourage the adoption of energy efficiency and renewable energy measures which reduce the dependency of such areas on imported fuels, and improve the quality of life in the area. Establishes guidelines to determine the amount to be provided.
Bill· SS. 786 (102nd)open
United States · United States Congress · 9 April 1991
Amends the Foreign Assistance Act of 1961 to require the Administrator of the Agency for International Development to: (1) furnish humanitarian assistance for the Kurdish people; (2) solicit private sector donations of humanitarian assistance for Kurdish and other refugees fleeing Iraq; and (3) cooperate with private relief agencies attempting to provide such aid. Authorizes the Commander-in-Chief of the U.S. Transportation Command to provide all airlift and sealift necessary to transport medical supplies. Authorizes appropriations. Urges the President to begin discussions with the nations surrounding Iraq as may be necessary regarding the importation of humanitarian assistance. Permits such assistance to be provided to civilian refugees in Saudi Arabia, Kuwait, and the Allied occupied areas of southern Iraq. Expresses the sense of the Congress that: (1) the attacks upon Iraqi civilians constitute a violation of the Fourth Geneva Convention Relative to the Protection of Civilian Persons in Time of War of August 12, 1949, and a threat to peace and stability in the region; and (2) the United States should request the United Nations Security Council to take measures to prevent these attacks pursuant to the United Nations Charter.
Bill· SS. 774 (102nd)referred
United States · United States Congress · 22 March 1991
Title I: General Amendments - State Regulation and Management of Solid Waste Act of 1991 - Amends the Solid Waste Disposal Act to revise provisions concerning congressional findings and objectives. Title II: State Solid Waste Management Plans - Sets forth as the objective of this title the reduction of solid waste generated and disposed of during the 20 years following the enactment of this Act by requiring States to develop programs which: (1) reduce the generation of solid waste and encourage resource conservation; and (2) facilitate the recycling of, and the use of valuable resources from, such waste. Requires State waste management plans to: (1) identify the types, sources, and characteristics of solid wastes that are expected to be generated within, transported to, or managed by, the State during the 20 years following the enactment of this Act; (2) ensure the availability of capacity to manage such waste in an environmentally sound manner; (3) provide for annual certifications to the Administrator of the Environmental Protection Agency with respect to meeting objectives and capacity to manage waste; (4) provide that all solid waste management facilities in the State meet Federal and State laws and allow only registered facilities to manage waste; (5) provide for technical and financial assistance to local communities to meet plan requirements; and (6) specify the conditions under which the State will authorize the acceptance of solid waste from other States. Directs a State, when identifying waste capacity, to take into account waste management agreements between persons in such State and persons in States contiguous with such State. Sets forth plan submission requirements. Title III: Interstate Transport of Waste - Authorizes a State with an approved solid waste management plan to prohibit or restrict the importation of solid waste from another State for management purposes (other than transportation). Permits States to levy fees on solid waste. Requires at least 50 percent of such fees to be allocated to the local government managing the waste. Title IV: Financial Assistance - Authorizes appropriations for: (1) the development and implementation of waste management plans; (2) grants to States for the encouragement of recycling and resource recovery and conservation; and (3) assistance to rural communities for solid waste management.
Bill· SS. 769 (102nd)referred
United States · United States Congress · 22 March 1991
National Infrastructure Corporation and Advisory Council Act of 1991 - Establishes the National Infrastructure Corporation. Vests the powers of the Corporation in its Board of Directors. Establishes the National Infrastructure Advisory Council to provide the Board with the views of the private sector and non-Federal public entities concerning the financing of infrastructure projects. Requires the Board to submit to the President and the Congress an annual operations and expenditures report. Establishes a National Infrastructure Revolving Fund to provide interim financing to major infrastructure projects. Sets forth loan conditions. Authorizes the Corporation to: (1) provide technical assistance to qualified concerns; (2) carry out research and development programs pertaining to infrastructure; (3) establish an infrastructure technology transfer and information assistance program to furnish assistance to State and local governments; (4) establish a National Infrastructure Institute to support infrastructure innovation programs in institutions of higher education; (5) develop and implement a national infrastructure education program; and (6) commission a study to determine the value and worth of infrastructure. Establishes the Commission to Promote Investment in America's Infrastructure to conduct a study to determine the feasibility of creating a type of infrastructure security which would permit pension fund investment in infrastructure. Authorizes appropriations.
Bill· SS. 768 (102nd)referred
United States · United States Congress · 22 March 1991
National Electric Vehicle Act of 1991 - Amends the Motor Vehicle Information and Cost Savings Act to direct the Secretary of Transportation (Secretary) to establish within the Department of Transportation a program to provide financial support to electric vehicle demonstration projects. Requires the Secretary to request proposals to demonstrate electric vehicles or electric vehicles and associated equipment in one or more eligible metropolitan areas. Authorizes the Secretary to select one or more proposals (not to exceed ten) to receive such support for each electric vehicle purchased or leased and included in a demonstration project. Sets forth criteria to be used in selecting a proposal. Requires the Secretary to provide a discount payment reimbursing a proposer for a discount provided to purchasers or users of electric vehicles if the proposer makes a specified certification to the Secretary. Requires the Secretary to report to the Congress each fiscal year with respect to the progress of demonstration projects to accelerate the development and use of electric vehicles. Authorizes appropriations. Directs the Secretary to establish a data collection program to be conducted in at least five geographically and climatically diverse regions in the United States which would be useful to persons seeking to manufacture, sell, own, or operate electric vehicles or other clean alternative fuel vehicles. Authorizes appropriations. Authorizes the Secretary to undertake a program of joint ventures with non-Federal persons to accelerate the infrastructure development required to support the use of such vehicles. Requires the Secretary to select no more than five different proposals for such joint ventures. Authorizes appropriations. Directs the Secretary to prescribe guidelines for State electric vehicle and other clean alternative fuel vehicle incentives and implementation plans designed to accelerate the use of such vehicles. Sets forth specified requirements with respect to such State plans. Authorizes the Secretary to provide Federal assistance to States whose Governors have determined introduction of such vehicles feasible. Authorizes appropriations. Amends the Energy Policy and Conservation Act to include electric vehicles among the alternative fuel passenger automobiles and light trucks the Secretary must ensure that the Federal Government acquires annually. Authorizes appropriations. Authorizes the Department of Energy to establish a multiyear research and development program for the accelerated development of electric vehicles with special attention to: (1) high efficiency electric power trains; (2) light-weight body structures; (3) advanced battery technology for electric vehicles; and (4) primary batteries and fuel cells for hybrid vehicles. Requires the Secretary of Energy to establish a cooperative program with the electric utility industry, the automobile industry, and such other persons or industries to conduct joint cooperative research and development projects with attention focused on the above-mentioned areas. Requires the Secretary of Energy to prepare and submit to the Congress a comprehensive multi-year program plan. Directs the Secretary of Energy to conduct a program designed to accelerate wider application of advanced electric vehicle technology, including advanced battery technologies. Authorizes the Secretary to enter into joint ventures with public entities and private firms. Authorizes appropriations.
Bill· HRH.R. 1605 (102nd)open
United States · United States Congress · 22 March 1991
Authorizes Governors of States containing ozone or carbon monoxide nonattainment areas or areas for which congestion management programs have been adopted to use up to 25 percent of specified Federal aid highway funds for transportation-related projects that would further the goals of congestion programs or improve air quality. Limits the Federal share of a project to 75 percent of the total cost. Lists authorized projects.
Bill· HRH.R. 1599 (102nd)open
United States · United States Congress · 22 March 1991
Requires that the Secretary of Transportation's apportioned allocation to a State for the Federal-aid highway program be not less than 90 percent (currently 85 percent) of the percentage of the estimated tax payments attributable to highway users in that State paid into the Highway Trust Fund.
Resolution· HCONRESH.Con.Res. 110 (102nd)referred
United States · United States Congress · 22 March 1991
Expresses the sense of the Congress that: (1) Kuwait look first to the United States for the supply of human resources, materials, and machinery to rebuild Kuwait; and (2) in awarding subcontracts that Kuwait grants to the U.S. Government to rebuild Kuwait's infrastructure, the United States should provide preferences to businesses in areas with a large number of veterans or high unemployment.
Resolution· HCONRESH.Con.Res. 111 (102nd)referred
United States · United States Congress · 22 March 1991
Urges the President and the United States Trade Representative: (1) not to include civil air transport services under the General Agreement on Trade in Services that is being negotiated under the General Agreement on Tariffs and Trade; nor (2) to require future negotiations to include such services under such Agreement.
Bill· SS. 729 (102nd)referred
United States · United States Congress · 21 March 1991
Small Community Environmental Infrastructure Assistance Act of 1990 - Title I: Small Community Environmental Infrastructure Assistance - Directs the Administrator of the Environmental Protection Agency to make grants to States for the establishment of small community environmental infrastructure revolving funds. Makes such funds available to small communities for the construction of wastewater treatment works, public water systems, and solid waste management facilities and for assuring that underground storage tanks are in compliance with the Solid Waste Disposal Act. Sets forth provisions concerning grant payment schedules and allotment and reallotment requirements. Requires States to establish revolving funds to receive such grants. Sets forth specific requirements for the use of such funds and for the loans and grants to be provided to small communities. Permits States to provide assistance only to community wastewater treatment and solid waste management facilities and public water systems that are in compliance with plans under the Federal Water Pollution Control Act, the Safe Drinking Water Act, and the Solid Waste Disposal Act, as appropriate. Requires States to submit plans to the Administrator that identify the intended use of the revolving funds. Directs States to reserve the greater of one percent of fund sums or $100,000 to carry out planning. Provides for the withholding of grant payments if a State is not in compliance with this Act's requirements. Requires the Administrator to establish an Office of Small Community Environmental Infrastructure Assistance to: (1) oversee and manage the grants and funds made under this title; and (2) provide specified environmental and financial information to small communities. Authorizes the Office to provide grants to States and not-for-profit organizations to assist small communities in assessing issues related to the financing of environmental facilities, compliance with environmental laws, and the construction, operation, and rehabilitation of environmental infrastructure facilities. Requires such grants to be matched by non-Federal funds. Authorizes and allocates appropriations. Title II: Environmental Infrastructure Facilities for Economically Distressed Areas - Establishes an Office of Community Environmental Infrastructure Assistance within the Directorate of Civil Works of the Office of the Chief of Engineers to implement this title. Makes funds provided under this title available for the construction of wastewater treatment works, public water systems, and solid waste management facilities. Provides that such funds shall be available only for environmental infrastructure projects serving less than 25,000 persons that are located in economically distressed areas. Authorizes State Governors to submit State Priority Project Plans to the Secretary of the Army. Directs the Secretary to submit annual Economically Distressed Area Environmental Infrastructure Assistance Plans to the Congress. Authorizes the Secretary to enter into local cooperation agreements to provide for the planning, design, and construction of environmental infrastructure projects. Requires the Secretary to assure that local cooperation agreements are signed for a project from each State submitting a Priority Project Plan. Requires the Administrator to publish guidelines for the design of wastewater treatment, public water supply, and solid waste disposal facilities pursuant to this title. Provides for the review and revision of such guidelines at least every five years. Directs the Secretary to establish an Office of Environmental Infrastructure Assistance. Authorizes appropriations. Title III: Financing of Public Owned Treatment Works - Amends the Federal Water Pollution Control Act to authorize owners of publicly owned treatment works to issue debt with respect to any treatment works that has received financial assistance under such Act and to pledge, as security for repayment of such debt obligation, revenues realized from the operation of the treatment works, subject to the prior payment of the costs of proper operation and maintenance. Permits such financing only if at least 95 percent of the proceeds of the debt issuance will be used for: (1) the construction portion of a program for the rehabilitation or expansion of the treatment works; or (2) the establishment of financial mechanisms to subsidize or stabilize rates, provide for equipment repair or replacement, or provide for other uses that benefit the ratepayers of the treatment works. Authorizes such financing only if the owner of the treatment works obtains a prior determination from the State agency responsible for administering the State water pollution control revolving fund that the proceeds will be used for such purposes. Permits State water pollution control revolving funds to be used to guarantee, or purchase insurance or letters of credit for, local obligations for equipment, facilities, or plants to be used in conjunction with treatment works.
Bill· SS. 735 (102nd)referred
United States · United States Congress · 21 March 1991
Amends the Water Resources Development Act of 1986 to: (1) make technical amendments relating to cost/benefit determinations with respect to civil works projects of the Army Corps of Engineers involving beach erosion control; and (2) direct the Secretary of the Army to develop long-range plans for beach nourishment and inlet management. Amends the Water Resources Development Act of 1976 to direct the Secretary to consider the protection of coastal resources through the placement on State beaches of beach quality sand which has been dredged in constructing and maintaining navigation inlets and channels adjacent to such beaches as being in the public interest whenever such sand would otherwise be disposed of offshore. Authorizes appropriations for developing such plans.
Law· SJRESS.J.Res. 102 (102nd)enacted
United States · United States Congress · 21 March 1991
Designates the week beginning on the first Sunday in May 1991 as National Tourism Week.
Bill· HRH.R. 1543 (102nd)open
United States · United States Congress · 21 March 1991
Comprehensive Energy Policy Act of 1991 - Title I: Conservation and Energy Efficiency in the Electricity Sector - Subtitle A: Electricity and Utilities - Amends the Public Utility Regulatory Policies Act of 1978 to declare that the rates charged by a State-regulated electric utility shall be such that its net income after implementation of cost effective conservation measures is at least as high as it would have been if such measures had not been implemented. Directs the Tennessee Valley Authority to use least-cost planning in its decision-making regarding increased electric power demand. Requires unregulated utilities to initiate or expand efforts to ensure that cost-effective energy efficiency is pursued by customer utilities. Sets forth energy efficiency guidelines for unregulated utilities. Requires unregulated utilities to submit an annual energy efficiency status report to the Secretary of Energy (the Secretary). Authorizes the Secretary to provide energy efficiency and conservation grants to State regulatory authorities upon their submission of an energy efficiency and conservation plan. Authorizes appropriations. Subtitle B: Residential, Commercial, and Federal Energy Use - Amends the National Energy Conservation Policy Act to direct the Secretary to establish a technical assistance program for States and localities to update the energy efficiency provisions of residential and commercial building codes. Mandates certification by each State that it has updated its residential and commercial building energy codes. Directs the Secretary to establish a task force to advise in the development of the energy efficiency update program. Authorizes appropriations. Requires the Secretary to promulgate procedures that may be used by governmental entities and the private sector to assign efficiency ratings to residential buildings. Requires the Secretary to implement a technical assistance program utilizing energy efficiency rating systems based on such promulgated procedures. Directs the Secretary to report to the President and the Congress on such procedures and State actions to implement them. Authorizes appropriations. Sets a deadline by which each Federal agency must: (1) install energy conservation measures in Federal buildings with a specified payback period; (2) submit a list of projects to the Secretary which meet such payback criterion; and (3) have substantially completed at least 25 percent of such projects or as many as would account for 25 percent of total energy savings. Directs the Secretary to develop guidelines for the selection of energy service contractors by Federal agencies. Directs the Secretary to: (1) establish the Federal Energy Efficiency Fund to provide grants to Federal agencies to enable them to meet energy conservation requirements in Federal buildings; and (2) report annually to the Congress on progress. Authorizes appropriations. Authorizes Federal agency participation in energy conservation programs conducted by gas or electric utilities. Directs the Secretary to: (1) establish a financial bonus program to reward outstanding facility energy managers in Federal agencies; (2) study the monetary value of the environmental benefits resulting from energy efficiency improvements in Federal buildings; (3) establish a program to install in Federal buildings commercial energy efficiency technologies developed by entities receiving Federal financial research and development assistance; and (4) disseminate an evaluation of each energy efficiency technology included in the program. Authorizes appropriations. Requires the Administrator of the General Services Administration to: (1) issue guidelines to Federal Product Schedule users to encourage their purchase of preferred energy efficient models based upon a life-cycle-cost-benefit analysis; (2) provide assistance to manufacturers whose energy efficient products are not listed on the Federal Product Schedule to encourage inclusion of their products on it; and (3) submit a status report to the Congress on manufacturers on the Schedule. Authorizes appropriations. Subtitle C: Standards and Information - Directs the Secretary to: (1) provide financial assistance to support a voluntary national window rating program to develop energy ratings and labels for windows and window systems; (2) develop voluntary national standards for industrial insulation; (3) review and report to the Congress on energy audit procedures in commercial, agricultural, and industrial sectors; (4) establish test procedures and develop energy conservation standards for lamps, appliance motors, and small package air conditioners; (5) evaluate for the Congress the feasibility of requiring electric lights and utility distribution transformers to meet minimum energy efficiency levels (and the possible replacement of existing transformers); and (6) submit to the Congress a program plan for promoting the early introduction of high-efficiency appliances by utilities and appliance manufacturers. Authorizes appropriations. Subtitle D: Tax Provisions - Amends the Internal Revenue Code to: (1) exclude from gross income the value of energy and water conservation subsidies provided by a public utility to a customer; and (2) restore the tax credit for energy conservation expenditures on oil-heated homes. Title II: Conservation in the Transportation Sector - Subtitle A: Alternative Fuels - Amends the Motor Vehicle Information and Cost Savings Act to direct the Secretary of Transportation when amending fuel economy standards: (1) not to consider the fuel economy of alcohol-powered automobiles or natural gas-powered automobiles; but (2) to consider dual energy automobiles and natural gas dual energy automobiles to be operated exclusively on gasoline or diesel fuel. Sets forth acquisition and credit allocation guidelines for owners, operators and lessees of fleets of alternative fuel vehicles. Prescribes civil and administrative penalties for noncompliance with this Act. Subtitle B: Natural Gas as a Transportation Fuel - Amends the Natural Gas Act to state that its provisions shall not apply to a person solely because such person sells or transports natural gas for subsequent use as a fuel in transportation vehicles. Preempts any State regulation prior to January 1, 1989, with respect to natural gas transportation in closed containers, or the sale of natural gas for use as a fuel in transportation vehicles. Declares that a company shall not be considered a gas utility company under the Public Utility Holding Company Act of 1935 solely because it distributes or sells natural gas as a fuel for transportation vehicles. Amends the Natural Gas Policy Act of 1978 to define a "high-priority user" as any person who uses natural gas as a fuel in transportation vehicles. Subtitle C: Fuel Economy - Amends the Motor Vehicle Information and Cost Savings Act to direct the Secretary of Transportation to amend the average fuel economy standard to levels which the Secretary determines are the maximum feasible average fuel economy level for model years beginning after model year 1996. Extends from ten to 30 days the period during which the Secretary of Energy may provide the Secretary of Transportation with written comments on the level of proposed amended fuel economy standards. Directs the Secretary of Transportation to determine by rule an appropriate fuel economy credit to be given to electric vehicle manufacturers. Subtitle D: Miscellaneous - Amends the Internal Revenue Code to exclude from the gross income of an employee the value of any qualified transportation benefit provided by the employer. Requires the Administrator of the Environmental Protection Agency (EPA) to issue regulations providing for appropriate credits for complying with the Clean Air Act to persons who operate programs for the scrapping of older, less fuel efficient vehicles. Directs the Secretary of Energy to study whether consumers use automotive fuel octane ratings higher than needed to operate their vehicles, and, if so, to take appropriate consumer education steps to reduce the excess use of premium gasoline. Declares certain conservation requirements under the Clean Air Act applicable to all employers of 100 or more persons in standard metropolitan statistical areas of 250,000 or more people. Declares it is U.S. policy that by 2000 at least ten percent of the Nation's vehicle transportation needs shall be served by domestic non-petroleum fuels. Directs the Secretary of Energy to establish an electric vehicle research and development grant program to fund joint venture demonstrations of electric vehicles, and to develop an electric vehicle infrastructure. Authorizes appropriations. Declares that for purposes of the Natural Gas Act, vehicular natural gas, including gas sold wholesale or transported by persons with service area determinations, shall be deemed to be ultimately consumed in the State in which physical delivery of a natural gas sale occurs, whether or not physical combustion occurs in another State. Directs the Administrator of EPA to approve use of methylcyclopentadienyl manganese tricarbonyl (MMT) in unleaded gasoline in amounts up to .03125 grams per gallon. Title III: Renewable Energy Sources - Subtitle A: PURPA Size Cap and Co-Firing Reform - Amends the Public Utility Regulatory Policies Act of 1978 (PURPA) to direct the Federal Energy Regulatory Commission (FERC) to prescribe rules requiring electric utilities to offer to purchase electric capacity from alternative power production facilities only through competitive acquisition. Subjects alternative power production facilities to current cogeneration and small power production rules. Subtitle B: Hydroelectric Power Regulatory Reform - Amends the Federal Power Act to direct FERC to require hydroelectric power project license applicants to consult with certain Federal and State agencies and Indian tribes and file a plan and schedule for conducting studies as part of the licensing process. Sets forth guidelines for additional licensing procedures. Directs FERC to coordinate a single, consolidated licensing review (including review under the National Environmental Policy Act of 1969) of a hydropower project license application by all interested Federal and State agencies and Indian tribes. Removes from FERC jurisdiction hydropower projects with installed capacities of five megawatts or less that have not received a license by the date of enactment of this Act. Permits such projects with licenses to petition for their surrender. Subtitle C: Credit for Electricity Generated Using Solar, Wind, or Geothermal Energy - Amends the Internal Revenue Code to allow an income tax credit for electricity generated using solar, wind, or geothermal energy (renewable electricity generating credit). Extends the period allowing existing solar and geothermal energy credits. Subtitle D: Study of Tax and Rate Treatment of Renewable Energy Projects - Directs the Secretary of Energy to study and report to the Congress on the tax and rate treatment of renewable energy projects. Subtitle E: Encouragement of Energy Recovery From Waste - Requires each Federal agency to adopt policies and institute regulatory changes to encourage and remove regulatory obstacles to the burning of high-BTU secondary materials as a fuel substitute. Title IV: Electric Power - Subtitle A: Public Utility Holding Company Act Reform - Sets forth regulatory guidelines for the treatment of public utility holding companies as exempt wholesale generators. Subtitle B: Miscellaneous - Amends the Federal Power Act to mandate that FERC, as a prerequisite to approving a rate or charge filed as the result of an agreement between a public utility and a wholesale seller, require the purchasing utility to certify that the charge conforms to its least-cost planning as approved by a regulatory authority, or, if no such plan exists, that the charge is less than, or equal to, the utility's avoided cost. Authorizes appropriations to the Secretary of Energy for electronic switching research. Requires the Secretary to study and report to the Congress on legislative and regulatory reforms and incentives to provide improved electric transmission transfer capability between the councils comprising the North American Electric Reliability Council. Title V: Natural Gas Regulatory Reform - Directs FERC to: (1) issue regulations to expedite pipeline certifications; and (2) report to certain congressional committees on recommended reforms to facilitate increased deliverability of natural gas to consumers. Amends the Natural Gas Act to provide that, for purposes of the National Environmental Policy Act of 1969, a FERC certificate of public convenience and necessity for a natural gas facility construction or extension is the only Federal action requiring a detailed environmental impact statement. Directs FERC to permit natural gas facility construction on operation applicants to prepare such statements. Amends the Natural Gas Policy Act of 1978 to authorize an interstate pipeline to construct facilities incidental to transportation service upon 30 days notice to the affected State commission. Amends the Natural Gas Act to declare that a natural gas transportation rate mutually agreed-upon by a natural-gas company and the customer is deemed just and reasonable and in compliance with this Act. Sets forth expedited certification procedures for natural gas transportation and related facilities construction. Provides for the construction and operation of natural gas transportation facilities with an option not to obtain a certificate of public convenience and necessity (thus taking such facility out of the jurisdiction of the Act). Sets forth deadlines for a rehearing under the Natural Gas Act. Declares that facilities repair or replacement does not require a certificate of public convenience and necessity. Sets forth certification procedures for priority natural gas facility. Title VI: Oil and Gas Production - Subtitle A: Arctic Coastal Plain Domestic Energy Leasing - Arctic Coastal Plain Domestic Energy Leasing Act of 1991 - Directs the Secretary of the Interior to implement a competitive oil and gas leasing program for the Coastal Plain Study Area of the Arctic National Wildlife Refuge. States that this Act shall be considered the primary land management authorization for all exploration and production activities on the Coastal Plain. Provides that no land management review shall be required except as specifically authorized by this Act. Mandates that all receipts from sales, rentals, bonuses, and royalties on leases under this Act be deposited into the Treasury. Directs the Secretary to promulgate regulations to ensure that oil and gas exploration and transportation activities are conducted to achieve the reasonable protection of animal and environmental resources (including subsistence uses of the Coastal Plain). States that the "Arctic National Wildlife Refuge, Alaska, Coastal Plain Resource Assessment," prepared by the Secretary, satisfies all legal requirements for such promulgation and that no further studies or assessments shall be required. Directs the Secretary to provide impact aid and other assistance to communities on the North Slope and elsewhere in Alaska in order to ensure the public services needed to accommodate oil and gas production and transportation activities on the Coastal Plain. Subtitle B: Tax Incentives for Oil and Natural Gas Exploration and Production - Amends the Internal Revenue Code (IRC) to allow as an income tax credit 15 percent of: (1) any qualified investment in crude oil and natural gas exploration activities; and (2) the qualified cost of each barrel of eligible crude oil (marginal production credit). Declares that intangible drilling and development costs with respect to oil and gas wells shall also apply to surface casting costs and geological and geophysical costs for ascertaining the existence, location, extent or quality of domestic oil or gas deposits (thus qualifying them for deduction). Repeals the taxable income limitation on oil and gas well depletion allowances. Defines tar sands for IRC purposes. Removes from the alternative minimum tax purview oil and gas well depletion allowances and intangible drilling costs. Declares that the tax treatment with respect to mineral sharing arrangements shall be determined without regard to Revenue Ruling 77-176. Subtitle C: Oil Pipeline Deregulation - Oil Pipeline Regulatory Reform Act - Amends the Department of Energy Organization Act to terminate FERC jurisdiction over oil and other pipelines except the Trans-Alaska Pipeline. Authorizes the Attorney General to petition the Secretary of Energy (the Secretary) for an adjudication of whether Commission rate regulation of an existing pipeline in any market is in the public interest. Prescribes adjudication guidelines. Provides that pipeline rates for service to markets which are not identified in a mandatory published adjudications list will no longer be subject to FERC regulatory jurisdiction. Prescribes adjudication guidelines under which the Secretary shall find that regulation of a pipeline is in the public interest only if it is demonstrated that such regulation is necessary to constrain the exercise of substantial market power in the supply and demand of products transported by the pipeline in that market. States that new pipelines shall not be subject to existing Commission regulatory jurisdiction or rate regulation, but shall be subject to common carrier regulation under such Act. States that Commission rate regulation shall be prospective only. Prohibits terminated Commission regulatory jurisdiction from reverting to any other Federal agency. Confers exclusive, original jurisdiction over any petition for judicial review upon the U.S. Court of Appeals for the District of Columbia Circuit. Precludes from such judicial review any action of the Attorney General under this Act, including adjudication petitions. Outlines the parameters within which pipelines are required to operate as common carriers. Requires pipelines to file terms of carriage schedules (except carriage rates) with the Commission. Sets forth guidelines for maximum rates, on a market by market basis, subject to price cap regulation based on base rates and cumulative changes in a Competitive Pipeline Price Index. Precludes a pipeline from conditioning its services upon entering into other transactions or on taking or refraining from any action. Requires the Secretary to report to the Congress regarding the results of this Act five years after the conclusion of all adjudications. Retains the applicability of antitrust laws to pipeline transportation of crude oil or refined oil products. Subtitle D: Leasing of Naval Petroleum Reserve - Naval Petroleum Reserve Leasing Act - Authorizes the President to lease Naval Petroleum Reserve Numbered 1 (California) if it is not necessary for national defense purposes. Sets forth leasing and antitrust guidelines. Mandates the use of competitive leasing procedures, minimum royalty payments, and crude oil set asides for sale to small refiners by Reserve lessees. Authorizes the President to take certain steps to arrange and conduct a leasing action. Authorizes the President to acquire privately owned lands or physical improvements within a Naval Petroleum Reserve if a lease of Naval Petroleum Reserve Numbered 1 cannot be arranged. Amends the Energy Policy and Conservation Act to authorize the Secretary of Energy (the Secretary) to store within the Strategic Petroleum Reserve a Defense Petroleum Inventory of petroleum products (in addition to any other acquisition and storage for such Reserve required by law). Directs the Secretary to obligate the United States share of funds available in the Naval Petroleum Reserve Lease Proceeds Special Account (created by this Act) for the acquisition of 10,000,000 barrels of petroleum products for the Defense Petroleum Inventory. Declares that upon request of the Secretary of Defense: (1) petroleum products acquired for or dedicated to the Defense Petroleum Inventory shall be drawn down and distributed by the Secretary of Energy for the Department of Defense for use, sale, or exchange; and (2) the Secretary of Energy shall replace in the Defense Petroleum Inventory those petroleum products drawn down on behalf of the Department of Defense. Requires the Department of Defense to reimburse the Department of Energy for services rendered under this Act. Establishes the Naval Petroleum Reserve Lease Proceeds Special Account in the Treasury to implement this Act. Funds such Special Account with amounts realized from the lease of any United States interest in Naval Petroleum Reserve Numbered 1. Sets forth a payment scheme under which lease proceeds shall be used to make payments to the State of California. Declares that: (1) the authority to lease under this Act extends to specified sections within Naval Petroleum Reserve Numbered 1; and (2) this Act does not affect the withdrawal of lands provided for in certain school land grants. Subtitle E: Outer Continental Shelf Local Impact Assistance - Coastal State and Community Outer Continental Shelf Impact Assistance Act - Establishes the Coastal State and Community Outer Continental Shelf Impact Assistance Fund whose revenues shall be paid to and used by coastal States, especially for subdivisions socially or economically impacted by mineral development on the Outer Continental Shelf. Subtitle F: Western Hemisphere Energy Policy - Directs the President to report to the Congress on actions taken to implement U.S. policy to focus attention in trade negotiations and international consultations on investment policies that expand worldwide production capacity and diversity of oil suppliers. Title VII: Coal and Coal Technology - Directs the Secretary of Energy to: (1) conduct (and report annually to the Congress regarding) an advanced coal-based technologies research and development program; and (2) submit to the Congress a domestic coal export expansion plan. Establishes the Clean Coal Technology Export Coordinating Council to: (1) expand the export and use of clean coal technologies with an emphasis on their use in lesser developed countries; and (2) provide certain congressional committees with a plan detailing actions to be taken to address specified recommendations of the Secretary. Requires the Secretary to: (1) submit a status report to the Congress on commercialization of coal fuel mixtures; and (2) conduct a research and demonstration program for utilizing "ultra-clean coal-water slurry" in diesel locomotive engines. Authorizes appropriations. Amends the Internal Revenue Code to restore investment credits for pollution devices required by the Clean Air Act Amendments of 1990. Title VIII: Nuclear - Nuclear Standardization and Safety Reform Act of 1991 - Subtitle A: Licensing Reform - Amends the Atomic Energy Act of 1954 to direct the Nuclear Regulatory Commission (NRC) to issue a combined construction and operating license to an applicant after holding a public hearing and determining that facility construction and operation will comply with NRC rules and regulations. Directs the NRC to propose implementing regulations regarding combined license applications. Subtitle B: Amendment of PUHCA - Amends the Public Utility Holding Company Act of 1935 (PUHCA) to require the Securities and Exchange Commission to exempt a public utility holding company from coverage under such Act if it controls utility assets pursuant to an NRC-approved management agreement and otherwise meets at least one of the other criteria for exemption. Permits the acquisition of securities of a public utility company controlling utility assets by an affiliate or an affiliate of another public utility or holding company if the control is pursuant to such an agreement. Subtitle C: Fast Flux Test Facility - Directs the Secretary of Energy to establish a research, development, and production center known as the "Research Reactor User Complex" (RRC) at the Hanford Reservation in Richland, Washington. Mandates that a contractor under contract with the Department of Energy to operate the RRC maintain and operate the Fast Flux Test Facility for the Department's account. Establishes the "RRC Fund" from which the Secretary may make expenditures to offset the cost of operating the RRC. Subtitle D: Effective Date - Sets forth the effective date of this title.
Bill· HRH.R. 1558 (102nd)referred
United States · United States Congress · 21 March 1991
Panama Canal Act Amendments of 1991 - Amends the Panama Canal Act of 1979 to require that the authority of the President with respect to the Panama Canal Commission be exercised through the Chairman of the Board of the Commission (currently, through the Secretary of Defense). Modifies requirements regarding the Board concerning matters such as composition, appointment, quorum, and proxies. Provides for a Chairman of the Board. Requires members of the Board who are U.S. nationals to cast their votes as directed by the Chairman. Requires the Chairman (currently, the Secretary) to designate individuals entitled to the privileges and immunities accorded under provisions of the Panama Canal Treaty of 1977 (the Treaty). Removes provisions: (1) prohibiting the Commission from obligating or expending funds for administrative expenses except as provided in appropriations Acts; (2) requiring the Appropriations Committees of each House of the Congress to review the Commission's annual budget; (3) prohibiting using, for administrative expenses, funds appropriated under provisions relating to Commission emergency spending; (4) making appropriations of the Commission available for reimbursements to U.S. departments or agencies furnishing certain educational, health care, or related services; (5) authorizing claim awards to be made from appropriated funds; and (6) allowing vessel damage claims to be paid from appropriated funds. Authorizes the Commission to establish an office to close out the affairs of the Commission after the termination of the Treaty. Establishes in the Treasury the Panama Canal Commission Dissolution Fund, consisting of amounts deposited in the Fund by the Commission from tolls, plus interest. Requires inclusion of Fund deposits in calculating toll rates.
Bill· HRH.R. 1581 (102nd)referred
United States · United States Congress · 21 March 1991
Wayport Development Act of 1991 - Directs the Administrator of the Federal Aviation Administration to establish a program for making loans to designated wayports (airports used primarily as locations at which passengers and cargo may be transferred between connecting flights of air carriers) for wayport planning and development. Prohibits the Administrator from establishing such loan program if the Congress enacts a joint resolution disapproving the final report of the Wayport Development Commission (established by this Act). Sets forth specified requirements and terms and conditions for such loans. Establishes the Wayport Revolving Loan Fund. Authorizes appropriations to such Fund from unobligated amounts in the Airport and Airway Trust Fund for FY 1991 through 1993. Makes such Fund available to the Administrator for making loans to wayport authorities for financing wayport planning and development projects. Directs the Secretary of the Treasury to invest amounts in the Fund in U.S. interest-bearing obligations. Requires interest earned during FY 1991 through 1993 to be deposited into the Airport and Airway Trust Fund. Establishes in the Department of Transportation the Wayport Development Commission to identify areas of the country suitable for the location of wayports. Requires specified reports to the Administrator and the Congress. Provides for congressional consideration of the Commission's final report on the location of wayports in the United States. Requires the Administrator to transmit to the Congress an annual report concerning: (1) the loans made under this Act; (2) repayment of such loans; (3) the status of the wayport planning and development projects; and (4) the financial condition of the Wayport Revolving Loan Fund.
Bill· HRH.R. 1568 (102nd)referred
United States · United States Congress · 21 March 1991
Directs the Administrator of the Federal Aviation Administration (FAA) to initiate a rulemaking proceeding to improve access to overwing emergency exits of aircraft in accordance with recommendations contained in FAA report AM-89-14, entitled "Influence of Adjacent Seating Configuration on Egress Through a Type III Emergency Exit."
Bill· HRH.R. 1579 (102nd)referred
United States · United States Congress · 21 March 1991
Vessel Modification Act of 1991 - Amends the Merchant Marine Act, 1920 to replace provisions prohibiting coastwise shipping by a vessel rebuilt outside the United States with provisions prohibiting coastwise trade by a vessel if any repair, alteration, improvement, modernization, or other change is performed outside the United States, except for minimum emergency repairs sufficient to travel to a U.S. point for additional repairs.
Bill· SS. 715 (102nd)referred
United States · United States Congress · 20 March 1991
Authorizes the States to waive application of the Commercial Motor Vehicle Safety Act of 1986 to vehicles used either for transporting farm supplies from retail dealers to or from a farm, or for custom harvesting, regardless of whether or not they are controlled or operated by a farmer.
Law· SJRESS.J.Res. 98 (102nd)enacted
United States · United States Congress · 20 March 1991
Recognizes the role of the National Railroad Passenger Corporation (Amtrak) in preserving a national rail passenger system and providing Americans with an energy efficient, environmentally preferable transportation alternative. Declares that the need for a balanced national transportation system dictates that transportation planners consider the many advantages of improved rail passenger services as they look to addressing national and regional transportation concerns.
Bill· HRH.R. 1537 (102nd)open
United States · United States Congress · 20 March 1991
Codifies existing Federal transportation law relating to: (1) the Department of Transportation; (2) other Government agencies; (3) general and intermodal programs; (4) interstate commerce; (5) rail programs; (6) motor vehicle and driver programs; (7) aviation programs; (8) pipelines; (9) commercial space transportation; (10) bills of lading; (11) contraband; (12) damage to transported property; (13) transportation of animals; (14) payments for inspection and quarantine services; and (15) medals of honor. Sets forth provisions relating to: (1) ports of entry for civil aircraft; (2) customs violations, including public health, immigration, and controlled substances violations; (3) animal and plant quarantines; and (4) exempting mass transportation from Interstate Commerce Commission jurisdiction. Repeals various Acts of Congress relating to Federal transportation law.
Bill· HRH.R. 1540 (102nd)open
United States · United States Congress · 20 March 1991
Directs the Secretary of Transportation to implement a certain highway project in the vicinity of Bethlehem, Pennsylvania, to extend Pennsylvania Route 33 on the Federal-aid primary system in order to provide a four-lane limited access highway connecting specified Interstate routes. Requires the Secretary to report to the Congress by January 31, 1997, regarding project results. Authorizes appropriations. Declares that the Federal share of such project cost shall be 100 percent.
Bill· HRH.R. 1538 (102nd)reported
United States · United States Congress · 20 March 1991
National Electric Vehicle Act of 1991 - Title I: Electric Vehicle and Battery Research and Development Program - Defines "advanced battery technology" to mean electro-chemical storage devices, including fuel cells, and associated technology to charge such devices, for use as a power source in electric vehicles. Directs the Secretary of Energy to establish a cooperative program with the electric utility industry, the automobile industry, and such other persons or industries to conduct joint cooperative research and development projects in areas of: (1) high efficiency electric power trains; (2) light-weight body structures; (3) advanced battery technology for electric vehicles; (4) primary batteries and fuel cells for hybrid vehicles; and (5) photovoltaics for electric vehicles. Authorizes the Secretary to include in such program any projects that were entered into under the Federal Nonnuclear Energy Research and Development Act of 1974 or the Electric and Hybrid Vehicle Research, Development, and Demonstration Act of 1976. Requires the Secretary to prepare a comprehensive multi-year program plan for implementation of this title. Requires the Secretary to conduct a program designed to accelerate wider application of advanced electric vehicle technology, including advanced battery technologies. Requires the Secretary to consult with the Administrator of the Environmental Protection Agency and the Secretary of Transportation. Authorizes appropriations. Title II: Electric Vehicle Commercial Demonstration Program - Subtitle A: Electric Vehicle Cost-Share Commercial Demonstrations - Requires the Secretary to request proposals to demonstrate electric vehicles and associated equipment in one or more eligible metropolitan areas. Sets forth specified information to be included in such proposal. Authorizes the Secretary to select one or more proposals (not to exceed ten) to receive financial assistance under this section. Sets forth criteria to be used by the Secretary in selecting a proposal. Requires the Secretary to provide a discount payment reimbursing a proposer for a discount provided to users of electric vehicles if the proposer makes a specified certification to the Secretary. Requires the Secretary to report annually to the Congress on the progress of demonstration projects to accelerate the development and use of electric vehicles. Authorizes appropriations. Subtitle B: Data Acquisition Program - Directs the Secretary to establish a data collection program to be conducted in at least five geographically and climatically diverse regions in the United States which would be useful to persons seeking to manufacture, sell, own, or operate electric vehicles or other clean alternative fuel vehicles. Subtitle C: Federal Fleet Demonstration Program - Amends the Energy Policy and Conservation Act to require the Secretary to ensure that the maximum number of passenger automobiles and light duty trucks acquired for use by the Federal Government be alcohol powered vehicles, dual energy vehicles, natural gas powered vehicles, natural gas dual energy vehicles, or electric vehicles. Authorizes appropriations. Title III: Electric Vehicle Infrastructure Development Program - Subtitle A: Infrastructure Joint Venture Program - Directs the Secretary to enter into joint ventures with one or more non-Federal persons for cost-shared research, development, or demonstration of an infrastructure program or system designed to support the use of electric vehicles. Requires the Secretary to solicit no more than five different proposals for such joint ventures. Authorizes appropriations. Subtitle B: State and Local Incentives Programs - Directs the Secretary to issue regulations establishing guidelines for comprehensive State electric vehicle and other clean alternative fuel vehicle incentives and implementation plans designed to accelerate the use of such vehicles. Sets forth specified requirements with respect to such State plans. Authorizes the Secretary to provide Federal assistance to such States. Requires the Secretary to undertake a study to determine the means by which electric utilities may invest in, own, sell, lease, or service batteries used to power electric vehicles. Authorizes appropriations.
Bill· HRH.R. 1516 (102nd)referred
United States · United States Congress · 20 March 1991
Authorizes the States to waive application of the Commercial Motor Vehicle Safety Act of 1986 to vehicles used either for transporting farm supplies from retail dealers to or from a farm, for custom harvesting, or in commercial feed yard operations, regardless of whether or not they are controlled or operated by a farmer.
Bill· HRH.R. 1489 (102nd)open
United States · United States Congress · 19 March 1991
Pipeline Safety Act of 1991 - Amends the Natural Gas Pipeline Safety Act of 1968 and the Hazardous Liquid Pipeline Safety Act of 1979 to require Federal safety standards for the transportation of gas and hazardous liquids through pipelines to meet the need for protection of the environment as well as pipeline safety. Requires the Secretary of Transportation to issue regulations establishing criteria for the identification by operators of: (1) gas pipelines (except natural gas distribution lines) that are located in high-density population areas; and (2) hazardous liquid pipelines and gathering lines that are located in areas unusually sensitive to environmental damage, that cross a river, or that are located in high-density population areas. Requires the Secretary to issue regulations requiring a periodic instrumented internal inspection of such pipelines and gathering lines. Directs the Secretary to develop an instrumented internal inspection device (smart pig) capable of detecting potential seam failures, including those in electric resistance weld pipe. Requires the Secretary to submit to the Congress a report on the status of the development of such device. Requires the Secretary to issue regulations prescribing the circumstance under which operators of natural gas distribution systems must install excess flow valves in such systems. Authorizes the Secretary to waive such requirements. Revises the composition of the Technical Pipeline Safety Standards Committee and the Technical Hazardous-Liquid Pipeline Safety Standards Committee to include on such committees two members who have education, background, or experience in environmental protection. Makes the application of Federal safety standards for the transportation of gas and hazardous liquids by pipeline mandatory with respect to the design, installation, inspection, testing, maintenance, and construction of such pipelines. (Currently, such application is discretionary only.) Requires such standards to include a requirement that operators of such pipelines be tested and certified to recognize and appropriately react to abnormal operating conditions of pipelines which may indicate a dangerous situation or a condition exceeding design limits. Prohibits the Secretary from exempting from Federal safety standards for the transportation of hazardous liquids any pipeline solely on the basis that such pipeline operates at low internal stress. Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to direct the Secretary of Transportation to establish a schedule of fees based on, in the case of pipelines not in operation, the performance of activities by the Secretary of Transportation under the Natural Gas Pipeline Safety Act of 1968 or the Hazardous Liquid Pipeline Safety Act of 1979 in preparation for the operation of such pipelines. Requires the Secretary to issue regulations establishing a periodic inspection program for: (1) all offshore gas and hazardous liquid pipelines; and (2) other such pipelines which cross navigable waters and could pose a hazard to navigation or public safety. Prohibits the Secretary from exempting from regulation under this Act any offshore pipeline solely on the basis that such pipeline serves to transfer hazardous liquids in underwater pipelines between vessels and onshore facilities. Redefines the term "transportation of gas" to include the movement of gas and hazardous liquids through regulated gathering lines. Directs the Secretary to define by regulation the term "gathering lines". Revises specified reporting requirements with respect to State safety standards regarding pipeline transportation of gas and hazardous liquids. Amends the Solid Waste Disposal Act to revise the definition of "underground storage tank". Authorizes appropriations.
Bill· HRH.R. 1464 (102nd)open
United States · United States Congress · 19 March 1991
Authorizes appropriations for the Maritime Administration for: (1) operating-differential subsidies; (2) manpower, education, and training; (3) operating programs; and (4) national security support capabilities, including the Ready Reserve Force.
Bill· HRH.R. 1471 (102nd)referred
United States · United States Congress · 19 March 1991
Merchant Seaman Reemployment Act of 1991 - Amends the Merchant Marine Act, 1936 to entitle certain individuals to reemployment rights and other benefits substantially equivalent to those provided by provisions of Federal law relating to veterans' reemployment rights. Makes eligible for such rights an individual who: (1) was employed in the activation or operation of a vessel in the National Defense Reserve Fleet, under provisions restored by this Act, a vessel requisitioned or purchased under provisions relating to national emergencies, or a vessel used by the United States for a war, armed conflict, national emergency, or maritime mobilization need, including training or testing; and (2) during such employment, possessed a license, certificate of registry, or merchant mariner's document under certain provisions of Federal law. Amends the Merchant Ship Sales Act of 1946 to restore provisions of Federal law, previously repealed, relating to allowed uses of the National Defense Reserve Fleet.
Bill· HRH.R. 1463 (102nd)referred
United States · United States Congress · 19 March 1991
Emergency Jobs Appropriations Act, 1991 - Title I: Meeting Our Economic Problems Coming from Changing Conditions with Essential Productive Jobs - Directs the appropriate congressional committees to study the current economic crisis, with emphasis on long-term recovery and and a strong private sector based on Government/industry partnership, and present their findings to the Congress by October 1, 1991, for appropriate action. Declares that the Board of Governors of the Federal Reserve and the Federal Open Market Committee should take necessary actions to achieve and maintain a level of interest rates low enough to achieve significant economic growth and reduce the current level of unemployment. Makes appropriations for FY 1991, in order to create productive jobs and protect public investment, for various activities relating to: (1) Federal buildings; (2) interstate highways; (3) mass transportation; (4) rehabilitation of highway bridges crossing over Northeast corridor rail transportation properties; (5) railroad infrastructure and rights-of-way improvement; (6) veterans' medical facilities and services; (7) public housing modernization; (8) community development; (9) international trade competition; (10) local economic development; (11) small business loans and investments; (12) small business oriented employment or national resources development programs; (13) parks and recreational areas and facilities; (14) the National Forest System; (15) Indian health facilities; (16) Fish and Wildlife Service facilities; (17) rural development and resource conservation, including rural water and waste disposal; (18) soil conservation, including watershed and flood prevention operations; (19) Federal, State, and local prison modernization; (20) water resource and hydroelectric power, flood control, shore protection, harbor channel and navigable waterway maintenance; (21) reclamation and irrigation projects; (22) Federal agricultural research facilities; (23) tree-planting and other natural resources development programs; (24) historic properties restoration; and (25) Bureau of Land Management facilities. Makes appropriations for FY 1991 to the Department of Labor to provide productive jobs for unemployed individuals under specified conditions, in various types of public service employment. Provides for allocation of such funds to eligible local governments, rural area concentrated employment program grantees, or States. Makes appropriations in additional amounts for FY 1991 for: (1) employment and training services; (2) grants to States for unemployment insurance and employment services; (3) higher education academic and research facilities; and (4) the Federal Emergency Management Agency's emergency food and shelter program. Makes appropriations for FY 1991 for: (1) construction and modernization of military family housing; (2) low-income energy conservation weatherization activities (in an additional amount) and (3) Federal motor vehicle procurement. Title II: Technical Provisions - Provides that no part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein.
Bill· SS. 661 (102nd)open
United States · United States Congress · 14 March 1991
American Energy Independence Act of 1991 - Title I: Energy Conservation - Subtitle A: Telecommuting Infrastructure Act of 1991 - Telecommuting Infrastructure Act of 1991 - Directs the Departments of Transportation (DOT) and of Energy (DOE) to study the costs and benefits, in their respective sectors, of telecommuting ("flex-place" working via telephone and computer, usually from home). Makes companies which offer or expand telecommuting flex-place programs eligible for certain Federal business tax credits. Amends the Communications Act of 1934 to prohibit a telephone exchange service carrier from providing video program service in its telephone exchange service area except through an affiliated video program subsidiary separate from such carrier. Requires any such carrier which provides telephone exchange service and the video program service of its subsidiary over an integrated broadband distribution system to establish a video gateway. Subtitle B: Other Conservation Measures - Amends the Energy Conservation and Production Act to require Federal agency heads to adopt procedures to assure that the construction of any new Federal building meets or exceeds certain applicable energy efficiency performance standards. Amends the National Energy Conservation Policy Act to direct the Secretary of Energy (Secretary) to promulgate guidelines for procedures to be implemented by State governments that would enable the assignment of energy efficiency ratings to residential buildings. Directs the Secretary to: (1) pursue a research and development (R & D) program to improve energy efficiency and productivity in energy intensive industries and industrial processes; and (2) undertake joint ventures to encourage the commercialization of technologies so developed. Authorizes appropriations. Directs the Secretary to establish specified voluntary energy efficiency guidelines for industrial plants. Amends the Energy Policy and Conservation Act to direct the Secretary to evaluate and report to the Congress on the feasibility of requiring electric lights, utility distribution transformers, and electric motors and pumps to meet minimum energy efficiency levels. Title II: Oil - Amends the Internal Revenue Code to impose a variable excise tax on imported crude oil and refined petroleum products. Amends the Energy Policy and Conservation Act to direct the Secretary to take all necessary steps to expedite the increase of Strategic Petroleum Reserve storage capacity to 1,000,000,000 barrels of petroleum product. Sets a new capacity goal of 2,000,000,000 by FY 2003. Title III: Natural Gas - Creates a defense to any Federal civil or criminal antitrust action brought against cooperative associations of independent natural gas producers with respect to any voluntary marketing agreements or plans of action undertaken out of market necessity and with no purpose to reduce competition. Requires the Federal Energy Regulatory Commission (FERC) to: (1) determine if the charges, classifications, or practices of other domestic pipelines serving the market which certain import facilities serve confer an unjust competitive disadvantage on domestic natural gas producers; and (2) fix charges, classifications, or practices which would not confer such a competitive disadvantage. Title IV: Coal - Subtitle A: Value-Added Coal Refinery Act of 1991 - Value-Added Coal Refinery Act of 1991 - Directs the Secretary to establish within DOE a research, development, demonstration, and commercialization program for coal refining technologies based on hydrocracking to produce a slate of value-added clean burning boiler and transportation fuels, fuel additives, lubricants, chemical feedstocks, and carbon-based manufactured products more economically and efficiently than currently available commercial technology. Subtitle B: National Clearinghouse for Coal Fuels Technology Act of 1991 - Directs the Secretary to establish within DOE a clearinghouse for the collection and dissemination of information and data on coal and coal-derived fuel technology. Authorizes appropriations. Requires DOE to conduct a Magnetohydrodynamic (MHD) Proof of Concept Program leading to the design, construction, and operation of an MHD retrofit plant. Authorizes appropriations. Title V: Electricity - Amends the Renewable Energy and Energy Efficiency Technology Competitiveness Act of 1989 to direct the Secretary to solicit proposals for, and provide financial assistance to, at least one joint venture for the demonstration of electric fuel cell technology. Authorizes appropriations. Amends the National Energy Conservation Policy Act to direct the Secretary to conduct a program to promote the early commercial application of electricity-producing fuel cell systems by the demonstration of such systems in Federal buildings. Authorizes appropriations. Title VI: Alternative Fuels - Alternative Fuels Act of 1991 - Directs the Secretary to establish a program to promote the development and use of domestic-produced replacement and alternative fuels. Requires the Secretary to prescribe the minimum percentage of such fuels a refiner must sell as a motor fuel in 1996 through 1998. Authorizes appropriations. Title VII: Renewable Energy - Amends the Internal Revenue Code to allow a renewable energy production tax credit for specified energy technologies. Title VIII: General Effective Date - Makes this Act effective upon enactment.
Bill· SS. 676 (102nd)referred
United States · United States Congress · 14 March 1991
Omnibus Transportation Employee Testing Act of 1991 - Amends the Federal Aviation Act of 1958 to direct the Administrator of the Federal Aviation Administration (FAA) to establish a program requiring domestic and foreign air carriers to conduct preemployment, reasonable suspicion, random, recurring, and post-accident testing of airmen, crewmembers, airport security screening contract personnel, and other air carrier employees responsible for safety-sensitive functions for use of alcohol or a controlled substance. Requires the Administrator to establish the same program for FAA employees. Sets forth guidelines for such program. Prohibits such employees from serving in safety-sensitive functions unless they have completed a rehabilitation program established under FAA auspices. Prohibits such individuals from performing air transportation-related duties if they: (1) engaged in such use while on duty; (2) prior to such use had undertaken or completed a rehabilitation program; (3) refuse to undertake such rehabilitation program; or (4) fail such rehabilitation program. Requires domestic and foreign air carriers to maintain a rehabilitation program for the identification and treatment of their employees who need assistance in resolving substance abuse problems. Requires the Administrator to establish and maintain such a rehabilitation program for FAA employees whose duties include responsibility for safety-sensitive functions and who need assistance in resolving substance abuse problems. Outlines the requirements of such program. Amends the Federal Railroad Safety Act of 1970 to direct the Secretary of Transportation (Secretary) to issue regulations that establish a program which requires railroads to conduct preemployment, reasonable suspicion, random, recurring, and post-accident testing of railroad employees responsible for safety-sensitive functions for use of alcohol or a controlled substance. Outlines the requirements for such testing program. Requires each railroad to maintain a rehabilitation program for the identification and treatment of their employees who need assistance in resolving substance abuse problems. Amends the Commercial Motor Vehicle Safety Act of 1986 to direct the Secretary to establish a program requiring motor carriers to conduct preemployment, reasonable suspicion, random, and post-accident testing of commercial motor vehicle operators for use of alcohol or a controlled substance. Mandates that such program include post-accident testing of a commercial motor vehicle operator in any accident involving loss of human life, serious bodily injury, or significant property damage. Directs the Secretary to issue regulations setting forth the requirements for a rehabilitation program for the identification and treatment of commercial motor vehicle operators who are determined to have used alcohol or a controlled substance. Sets forth the requirements of the testing procedures. Requires the Secretary to: (1) determine appropriate sanctions against operators who are determined, as a result of such tests, to have used alcohol or a controlled substances without lawful authorization (but who are not under the influence of alcohol or a controlled substance); (2) design and implement a pilot test program for the random testing of commercial motor vehicle operators to determine the use without lawful authorization of alcohol or a controlled substance; (3) solicit (and select) State participation in such a program; and (4) submit a comprehensive report to the Congress setting forth the pilot program results. Authorizes appropriations for such pilot testing program. Directs the Secretary to issue regulations that establish a program which requires mass transportation operations which receive mass transportation assistance under the Urban Mass Transportation Act of 1964 to conduct preemployment, reasonable suspicion, random, periodic recurring, and post-accident testing of mass transportation employees responsible for safety-sensitive functions for use of alcohol or a controlled substance. Requires the Secretary to issue regulations setting forth requirements for rehabilitation programs which provide for the identification and treatment of mass transportation employees who are determined to have used alcohol or a controlled substance. Outlines the requirements for such program. Requires the disqualification for a period of time or dismissal of mass transportation employees who have been determined to have used alcohol while on duty or a controlled substance, whether on duty or not on duty. Prohibits a person from receiving mass transportation assistance if such person is required to establish an alcohol and controlled substances testing program and fails to establish such a program.
Bill· SS. 678 (102nd)referred
United States · United States Congress · 14 March 1991
Transportation Employee Testing Act of 1991 - Amends the Federal Aviation Act of 1958 to direct the Administrator of the Federal Aviation Administration (FAA) to establish a program requiring air carriers and foreign air carriers to conduct pre-employment, reasonable suspicion, periodic recurring, random, and post-accident testing of employees whose duties include responsibility for safety-sensitive functions for use of alcohol or a controlled substance in violation of Federal law. Requires the Administrator to establish the same program for FAA employees. Sets forth guidelines for such program. Prohibits such employees from serving in safety-sensitive functions unless they have completed a rehabilitation program established under FAA auspices. Prohibits such individuals from performing air transportation-related duties if they: (1) engaged in such use while on duty; (2) prior to such use had completed a rehabilitation program; (3) following a determination of such use refuse to undertake such a program; or (4) fail to complete the program. Requires the Administrator to prescribe regulations setting forth requirements for rehabilitation programs which provide for the identification and opportunity for treatment of such employees in resolving problems with substance abuse. Requires the Administrator to establish and maintain such a rehabilitation program for FAA employees whose duties include responsibility for flight safety operations and who need assistance in resolving substance abuse problems. Outlines the requirements of such program. Amends the Commercial Motor Vehicle Safety Act of 1986 to direct the Secretary of Transportation to establish a program requiring motor carriers to conduct pre-employment, periodic recurring, random, and post-accident testing of commercial motor vehicle operators for use of alcohol or a controlled substance. Mandates that such program include post-accident testing of a commercial motor vehicle operator in any accident involving a commercial motor vehicle in which serious bodily injury, loss of human life, or significant property damage has occurred. Directs the Secretary to issue regulations setting forth the requirements for a rehabilitation program for the identification and opportunity for treatment of commercial motor vehicle operators who are determined to have used alcohol or a controlled substance. Sets forth the requirements of the testing procedures. Requires the Secretary to: (1) determine appropriate sanctions against operators who are determined, as a result of such tests, to have used alcohol or a controlled substance (but who are not under the influence of alcohol or a controlled substance); (2) design and implement a pilot test program for the random testing of commercial motor vehicle operators to determine the use of alcohol or a controlled substance; (3) solicit (and select) State participation in such a program; and (4) submit a comprehensive report to the Congress setting forth the pilot program results. Authorizes appropriations for FY 1990 for such pilot testing program. Directs the Secretary to issue regulations which establishes a program that requires mass transportation operations which receive Federal financial assistance under the Urban Mass Transportation Act of 1964 and other specified Federal law to conduct preemployment, reasonable suspicion, random, and postaccident testing of mass transportation employees whose duties include responsibility for safety-sensitive functions for use of alcohol or a controlled substance in violation of Federal law. Outlines the requirements for test procedures for alcohol and drug use among mass transportation employees. Requires the disqualification for a period of time or dismissal of a mass transportation employee who has been found to have used alcohol or a controlled substance while on duty. Prohibits a person from receiving such Federal assistance if such person: (1) is required to establish a program of alcohol and controlled substances testing; and (2) fails to establish such a program.
Bill· SS. 677 (102nd)referred
United States · United States Congress · 14 March 1991
Railroad Employee Testing Act of 1991 - Amends the Federal Railroad Safety Act of 1970 to require the Secretary of Transportation to issue regulations and standards that require: (1) railroads to conduct preemployment, reasonable suspicion, random, and post-accident testing of railroad employees responsible for safety-sensitive functions for use, in violation of Federal law, of alcohol or a controlled substance; (2) disqualification for a period of time or dismissal of employees found to have used or have been impaired by such alcohol or substances; and (3) rehabilitation programs for the treatment of such employees.
Bill· HRH.R. 1452 (102nd)referred
United States · United States Congress · 14 March 1991
National Magnetic Levitation Research and Development Act of 1990 - Directs the President to designate a lead Federal agency or agencies, in collaboration with other specified Federal agencies, to develop a national strategic plan for research, development, and demonstration leading to a national magnetic levitation transportation system. Requires such lead agency or agencies to conduct a national competition in which grants shall be awarded for research and development of a design for such system. Sets forth criteria for the selection of a design. Requires the Secretary of Energy, in collaboration with the lead agency or agencies, to establish a long-term, advanced magnetic levitation research and development program. Requires the Secretary to designate one of the National Energy Laboratories as the Lead Magnetic Levitation Research and Development Center with responsibility for the research and development program. Provides for the protection of trade secrets and other information resulting from activities under this Act. Authorizes appropriations.
Bill· SS. 645 (102nd)open
United States · United States Congress · 13 March 1991
General Aviation Accident Liability Standards Act of 1991 - Declares that this Act supersedes any State law regarding liability for general aviation accidents. Establishes guidelines for uniform standards of liability of general aviation manufacturers for general aviation accidents. States that all actions for harm arising out of a general aviation accident shall be governed by the principles of comparative responsibility. Establishes, with specified exceptions, a limitation of actions period of 20 years from delivery of aircraft or harm-causing part to the purchaser for general aviation civil liability brought against a general aviation manufacturer. Declares admissible as evidence certain income tax and payroll tax liability for purposes of establishing financial harm arising out of a general aviation accident. Permits the award of punitive damages if a claimant establishes by clear and convincing evidence that the harm suffered was the direct result of conduct manifesting conscious, flagrant indifference to safety. Establishes a two-year limitation of actions period for actions arising out of a general aviation accident. Declares the intent of the Congress that sanctions be strictly enforced for violations of Rule 11 of the Federal Rules of Civil Procedure, including orders to pay to the other party the reasonable costs of legal fees. Confers original jurisdiction upon the Federal district courts, concurrently with State courts, for all civil actions that exceed $50,000 for harm arising out of a general aviation accident. Provides procedures for removal from State to Federal district courts of such actions.
Bill· SS. 641 (102nd)referred
United States · United States Congress · 13 March 1991
Amends Federal transportation law to revise criteria used by the Interstate Commerce Commission in making determinations with respect to applications for abandonment or discontinuance of railroad lines and rail transportation in rural and agricultural areas, especially if abandonment or discontinuance will have a serious adverse effect on development. Requires rail carriers listing a railroad line for abandonment or discontinuance to make specified records and justifications available to government agencies or local governments. Grants lessees of property or facilities owned by a rail carrier proposing an abandonment or discontinuance elsewhere the right of first refusal to buy a facility served by the line to be abandoned or discontinued.
Bill· SS. 640 (102nd)open
United States · United States Congress · 13 March 1991
Title I - Product Liability Fairness Act - Declares that this Act governs any product liability action brought against a manufacturer or product seller, on any theory, for harm caused by a product. States that a civil action brought against a manufacturer or product seller for loss or damage to a product itself or commercial loss shall be governed by applicable commercial or contract law. Supersedes any inconsistent State law regarding recovery in such actions. Lists specific laws not superseded, including: (1) defense of sovereign immunity asserted by any State or by the United States; (2) any Federal law (except the Federal Employees Compensation Act and the Longshore and Harbor Workers' Compensation Act); (3) the Foreign Sovereign Immunities Act of 1976; (4) State choice-of-law rules; (5) the right of any court to transfer venue or to apply the law of a foreign nation or to dismiss a claim of a foreign nation or citizen on the ground of inconvenient forum; and (6) any statutory or common law cause of action, including an action to abate a nuisance, that authorizes a State or person to institute an action for civil damages or civil penalties, clean up costs, injunctions, restitution, cost recovery, punitive damages, or any other form of relief from contamination or pollution of the environment or the threat of it. Declares that U.S. district courts shall not have jurisdiction over any civil action under this Act, based on specified provisions of Federal law relating to district court jurisdiction. Declares that, if any provision of this Act would shorten the period during which a manufacturer or seller would otherwise be exposed to liability, the claimant may, notwithstanding that period, bring any civil action under this Act within one year after the effective date of this Act. Title II - Allows any claimant to bring a civil action for damages against a person for harm caused by a product under applicable State law, except to the extent such law is superseded by this title. Sets forth expedited settlement measures, including: (1) an option to include an offer of settlement, for a specific dollar amount, by the plaintiff in the complaint and by the defendant in a responsive pleading; and (2) awarding attorney's fees and costs, in certain circumstances, to the prevailing party if the other party does not accept the settlement offer. Sets forth alternative dispute resolution procedures, including: (1) an option, in lieu of or in addition to a settlement offer, for a claimant or a defendant to offer to proceed under any voluntary alternative dispute resolution procedure established or recognized under the law of the State in which the action is brought or maintained; and (2) awarding of attorney's fees and costs to the offering party if the court determines that a refusal to so proceed was unreasonable or not in good faith. Creates a rebuttable presumption that a refusal to so proceed was unreasonable, or not in good faith, if a verdict is rendered in favor of the offeror. Title III - Allows a person seeking to recover for harm caused by a product to bring a civil action against the manufacturer or seller under applicable State or Federal law, except to the extent such law is superseded by this Act. Establishes a standard of product seller liability for proximate causes of harm, established by a preponderance of the evidence, which fall under the categories of negligence or express warranty. Allows the trier of facts, in a negligence action, to consider the conduct of the seller with respect to: (1) the construction, inspection, or condition of the product; and (2) failure to pass on warnings or instructions from the manufacturer. Deems the seller not liable for failure to provide warnings or instructions unless the claimant establishes that the seller failed to: (1) provide warnings or instructions received while the product was in the seller's possession and control; or (2) make reasonable efforts to provide users with warnings and instructions which it received after the product left its possession and control. Deems a seller not liable except for breach of warranty where there was no opportunity to inspect the product in a manner which would or should, in the exercise of reasonable care, have revealed the aspect which allegedly caused the harm. Declares that the seller shall be treated as the manufacturer and be liable for harm caused by a product as if it were the manufacturer if: (1) the manufacturer is not subject to service of process in any State in which the action might have been brought; or (2) the court determines that the claimant would be unable to enforce a judgment against the manufacturer. Allows punitive damages, if otherwise permitted by applicable law, to be awarded in any civil action under this title to any claimant who establishes by clear and convincing evidence that the harm suffered was the result of conduct manifesting a manufacturer's or product seller's conscious, flagrant indifference to the safety of those persons who might be harmed by a product. Declares that a failure to exercise reasonable care in choosing among alternative product designs, formulations, instructions, or warnings is not of itself such conduct. Prohibits awarding punitive damages in the absence of a compensatory award, subject to exception. Prohibits punitive damages against a manufacturer or seller of a drug or medical device where: (1) the drug or device was subject to pre-market approval by the Food and Drug Administration (FDA); or (2) the drug is generally recognized as safe and effective under conditions established by the FDA. Prohibits punitive damages against a manufacturer of an aircraft where: (1) the aircraft was subject to pre-market certification by the Federal Aviation Administration (FAA); and (2) the manufacturer complied, after delivery, with FAA requirements and obligations with respect to continuing airworthiness. Provides for separate proceedings, if requested by the manufacturer or seller, with regard to punitive damages. Lists factors the trier of fact is allowed to consider in determining the amount of punitive damages. Bars any civil action under this title: (1) unless filed within two years after the claimant discovered or should have discovered the harm and its cause, subject to exception; and (2) if the product involved is a capital good that is alleged to have caused harm which is not a toxic harm unless filed within twenty-five years after delivery of the product, provided the claimant has received or would be eligible for State or Federal workers' compensation. Excludes a motor vehicle, vessel, aircraft, or railroad used primarily to transport passengers for hire from these time limitations. States that nothing in these provisions affects the right of any person who is subject to liability under this Act to obtain contribution or indemnity from any other person who is responsible for the harm. Requires reduction in the damages awarded by the sum of all State or Federal workers' compensation benefits to which the employee is or would be entitled. Requires a claimant in a civil action under this title who is or may be eligible to receive State or Federal workers' compensation to notify the claimant's employer of the civil action. Requires an action to be stayed, at the sole discretion of the claimant, until a final determination is made on the amount payable as workers' compensation benefits. Declares that, unless the manufacturer or seller has expressly agreed to indemnify or hold an employer harmless, neither the employer nor the workers' compensation insurance carrier shall have a right of subrogation, contribution, or implied indemnity against the manufacturer or seller or a lien against the claimant's recovery, except if the claimant's harm was not in any way caused by the fault of the claimant's employer or co-employees. Allows the employer or workers' compensation insurer to intervene in the action to prove that fact. Prohibits a third party tortfeasor, where workers' compensation is involved, from maintaining any action for implied indemnity or contribution against the employer, any coemployee, or the exclusive representative of the injured person. Prohibits, for a person who is or would have been entitled to receive workers' compensation, any other action, unless a State or Federal workers' compensation law permits recovery based on a claim of an intentional tort. Makes these provisions inapplicable and declares that applicable State law shall control if the employer or the workers' compensation insurer asserts a right of subrogation, contribution, or implied indemnity against the manufacturer or seller or a lien against the claimant's recovery. Declares that, in any product liability action, the liability of each defendant for noneconomic damages shall be several and not joint. Requires the trier of fact to determine the proportion of responsibility of each party for the claimant's harm. Establishes a complete defense, in any civil action under this Act in which all defendants are manufacturers or sellers, that the claimant was under the influence of alcohol or any drug and that, as a result, the claimant was more than 50 percent responsible for the event which resulted in the harm. Defines "drug" to mean any non-over-the-counter drug which has not been prescribed by a physician.
Law· HRH.R. 1415 (102nd)enacted
United States · United States Congress · 13 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 of State 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 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 Jerusalem 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. Title II: United States Informational, Educational, and Cultural Programs - United States Information Agency Authorization Act, Fiscal Years 1992 and 1993 - Authorizes appropriations for the U.S. Information Agency (USIA) for FY 1992 and 1993. Amends the United States Information and Educational Exchange Act of 1948 to prohibit funds in excess of $500,000 (currently, $250,000) from being made available to USIA through a reprogramming unless the House Committee on Foreign Affairs and the Senate Committee on Foreign Relations are notified. Adds to the authorities of the USIA Director the authority to purchase, rent, construct, improve, and operate facilities for television transmission and reception. Permits the USIA Director or other authorized Government agencies to pay to or for participants in programs under the United States Information and Educational Exchange Act of 1948 the costs of: (1) emergency medical expenses; (2) the preparation and transportation of remains of participants' dependents who die while away from home during such participation; (3) health and accident insurance premiums; (4) per diem in lieu of subsistence; and (5) such other costs, as necessary. Authorizes the crediting of payments received in connection with USIA advisory services rendered to foreign students regarding study in the United States. Repeals a provision of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 concerning the closure of USIA posts and reductions of USIA personnel abroad. Permits USIA and the Ministry of Foreign Affairs, U.S.S.R., to establish and operate reciprocal cultural information centers in Moscow and Washington, D.C., in accordance with a specified agreement signed in Washington, D.C., on May 31, 1990. Amends the United States Information and Educational Exchange Act of 1948 to permit the USIA Director or other authorized Government agencies to: (1) incur expenses authorized by the Foreign Service Act of 1980; and (2) furnish living quarters and provide specified allowances for Government employees in foreign countries. Amends the Immigration and Nationality Act to authorize the issuance of up to 100 conditional immigrant visas per fiscal year to USIA employees. Limits admission to periods of up to four years. Permits spouses and dependents of such employees to be admitted on conditional permanent residents. Sets forth provisions governing the transition to permanent resident status and the termination of conditional status of such employees.
Bill· HRH.R. 1425 (102nd)referred
United States · United States Congress · 13 March 1991
Improved Rural and Short Line Railroad Service Act - Amends Federal transportation law to prohibit the Interstate Commerce Commission from approving an application for abandonment or discontinuance of railroad lines and rail transportation in rural and agricultural areas unless the rail carrier can demonstrate that good faith efforts have been made to transfer or sell the line to an operator having the good faith intent to operate it as an ongoing railroad. Requires a rail carrier when filing an application and notice of intent to list a railroad line for abandonment or discontinuance to include in such notice evidence of dry bulk agricultural commodity shipments for the preceding ten years in cases where such abandonment or discontinuance would occur at facilities that originate shipments of such products. Requires such rail carriers to make specified records and justifications available to government agencies or local governments. Grants lessees of property or facilities owned by a rail carrier proposing an abandonment or discontinuance the right of first refusal to buy a facility served by the line to be abandoned or discontinued.
Bill· SS. 618 (102nd)open
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.
Bill· SS. 631 (102nd)open
United States · United States Congress · 12 March 1991
Motor Carrier Safety Assistance Program Reauthorization Act of 1991 - Amends Federal law to authorize the Secretary of Transportation (Secretary) to make grants to States for the development of programs for the enforcement of Federal and State commercial motor vehicle safety laws and standards. Requires the Secretary to formulate procedures for the submission of State plans enforcing such laws and standards. Sets forth specified plan requirements. Provides that the Federal share of costs for such programs shall not exceed 80 percent of such costs. Makes funds available for such grants out of the Highway Trust Fund. Amends the Surface Transportation Assistance Act of 1982 to authorize the reimbursement of costs in enforcing State commercial motor vehicle safety laws and standards to States with approved plans. Authorizes appropriations. Directs the Secretary to develop an improved formula for the allocation among States of Motor Carrier Safety Assistance Program funds. Amends the Commercial Motor Vehicle Safety Act of 1986 to require the Secretary to issue regulations establishing penalties for violations of out-of-service orders by commercial motor vehicle operators. Sets forth specified requirements. Requires the Secretary to submit to specified congressional committees a report on the effectiveness of: (1) the Commercial Vehicle Safety Alliance; and (2) the uniform financial penalty recommendations of the Alliance. Directs the Secretary to issue regulations specifying tolerance standards for ensuring compatibility of intrastate commercial motor vehicle safety laws under the Motor Carrier Safety Assistance Program. Requires the Secretary to consult with law enforcement organizations and affected industries to develop a model program for Program officers to enforce the .04 per centum blood alcohol concentration limit pursuant to the Commercial Motor Vehicle Safety Act of 1986. Directs the Secretary to add two additional positions at the headquarters of the Federal Highway Administration. Drug Free Truck Stop Act - Amends the Controlled Substances Act to impose mandatory minimum criminal penalties for the unlawful distribution or possession of controlled substances within 1,000 feet of a truck stop or safety rest area. Prohibits the suspension of a sentence, granting of probation, or eligibility for parole until the individual has served the minimum required sentence under the Federal criminal code for any person who violates this Act after a prior conviction under this Act has become final. Requires the U.S. Sentencing Commission to promulgate specified sentencing guidelines for violations of this Act. Bars multiple enhancements. Amends the Truck and Bus Safety and Regulatory Reform Act of 1988 to require the Secretary to initiate a rulemaking proceeding to adopt methods for improving braking performance standards for commercial motor vehicles. Requires the Secretary to give a high priority for safety, compliance, and other inspection or audit reviews to any motor carrier whose drivers demonstrate a serious pattern of violating state, local, or commercial motor vehicle safety laws, regulations, or standards.
Resolution· SRESS.Res. 77 (102nd)referred
United States · United States Congress · 12 March 1991
Expresses the sense of the Senate that the 1991 reauthorization of mass transit programs be considered as part of the solution to this country's transportation problems.
Bill· HRH.R. 1403 (102nd)referred
United States · United States Congress · 12 March 1991
Comprehensive Urban Transportation Act of 1991 - Establishes a strategic urbanized program for providing assistance for the Federal-aid highway systems in urbanized areas with populations of 50,000 or more for projects designed to help reduce traffic congestion and traffic flow problems. Directs the Secretary of Transportation to: (1) apportion funds authorized for expenditure under the program according to specified guidelines based on population; and (2) require that projects be selected by the State highway department of each State. Allows up to 25 percent of the amount apportioned in a fiscal year to a State under the program to be transferred for other specified uses if requested by the State highway department and approved by the Governor of such State and the Secretary as being in the public interest. Directs the Secretary to set aside $300,000,000 for discretionary projects. Sets forth criteria which must be met before a State may obtain funding. Specifies factors which the Secretary shall consider in selecting projects, including: (1) project cost; (2) traffic congestion levels; (3) importance of a project to a congestion relief planning effort; and (4) impact of a project on economic development. Specifies that the Federal share shall not exceed 50 percent of the cost of any project. Authorizes appropriations. Authorizes the use of such funds for public transportation, railway-highway crossings, carpool and vanpool projects, bicycle transportation, pedestrian walkways, and research and planning.
Resolution· HCONRESH.Con.Res. 99 (102nd)referred
United States · United States Congress · 12 March 1991
Expresses the sense of the Congress that, to the extent of their involvement in the Kuwaiti reconstruction program, the President, the Secretary of Commerce, and other specified officials should: (1) solicit and provide information and assistance to small and disadvantaged, minority-owned, and women-owned businesses interested in participating in the Kuwaiti reconstruction program; (2) encourage private business concerns of the United States who are awarded contracts; and (3) encourage the Kuwaiti Government to award a significant number of contracts to such businesses of the United States.