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Bill· SS. 610 (102nd)referred
United States · United States Congress · 7 March 1991
Surface Transportation Assistance Act of 1991 - Title I: Federal-Aid Highway Act of 1991 - Federal-Aid Highway Act of 1991 - Authorizes appropriations out of the Highway Account of the Highway Trust Fund (HTF) for: (1) the National Highway Program; (2) the Urban and Rural Program; (3) the Bridge Program; (4) the Right-of-Way Revolving Fund; (5) emergency relief; (6) the Federal Lands Highway Program; (7) the University Transportation Centers Program; and (8) highway use tax evasion projects. Specifies that unobligated balances of funds apportioned or allocated to a State under Federal highway provisions before October 1, 1991, shall be available for obligation in such State under the law, regulations, policies, and procedures relating to the obligation and expenditure of those funds in effect on September 30, 1991. Repeals the FY 1993 authorization under the Federal-Aid Highway Act of 1956. Authorizes appropriations for Interstate construction to complete the Interstate System (IS) out of the Highway Account of the HTF for each of FY 1992 through 1995. Provides for certain allocations for Massachusetts for such fiscal years. Sets forth a formula for the apportionment of authorized funds for such fiscal years among the States. Authorizes appropriations out of the Highway Account of the HTF for highway projects for the Interstate Substitution Program. Defines the National Highway System (NHS) as: (1) the highways of the IS; (2) other urban and rural principal arterials, including toll facilities; (3) highways of the Strategic Highway Network (SHN) (defined as a network of highways that constitutes an important factor in U.S. strategic defense policy); and (4) major Strategic Highway Network Connectors (SHNCs) (which provide access from major military installations to the SHN). Makes the following activities, subject to specified conditions, eligible for funding: (1) construction; (2) operational and highway safety improvements; (3) modifications to existing facilities necessary to accommodate other modes; (4) transportation planning; (5) highway safety research and development; (6) technology transfer activities; (7) control of junkyards and outdoor advertising; (8) projects that enhance rural and urban accessibility and mobility; and (9) startup costs for traffic management and control. Specifies that: (1) designation of the NHS, other than the IS, SHN, and SHNCs, shall be by the State in cooperation with local officials; (2) in urbanized areas, local officials shall act through the designated metropolitan planning organization; (3) the NHS shall be based on a functional reclassification of roads and streets in each State which shall be designated not later than September 30, 1993, in accordance with guidelines issued by the Secretary of Transportation; and (4) the Secretary shall have the authority to approve, in whole or in part, the NHS and may add segments to the NHS as necessary to meet National Highway Program objectives. Sets forth further specifications with respect to the use of the NHS by trucks, the selection of projects by the States, and new construction or major reconstruction of NHS beltways and bypasses. Directs the Secretary to establish an Urban and Rural Program to provide a category of funds that minimizes Federal requirements and provides flexibility in the use of available funds for either highway or transit projects. Specifies eligible highways and projects. Authorizes the Secretary to approve innovative highway- and transit-related immediate action, non-capital intensive projects to help relieve congestion and transportation-related air quality problems in urbanized areas of more than 200,000 population, or projects in rural areas that respond to rural transportation problems through innovative approaches and strategies. Sets forth provisions with respect to project compliance with State and Federal requirements. Requires States to have an ongoing bridge inspection and inventory system. Directs the Secretary to set aside specified funds for Metropolitan and Rural Innovative Bonus Projects. Sets forth provisions with respect to the obligation of funds, and the Federal share of projects, for the construction of toll roads, bridges, tunnels, and ferries. Declares it to be in the vital interest of the nation that a program be established to enable the States and Federal agencies to replace and rehabilitate highway bridges over waterways, other topographical barriers, other highways, or railroads when the State or Federal agencies and the Secretary find that a bridge is important, that it is unsafe and poses a safety hazard to highway users, that its replacement or rehabilitation would minimize disruptions, delays and costs to users, or that its replacement or rehabilitation would provide more efficient routes for emergency services. Directs the Secretary to: (1) inventory all highway bridges; (2) assess each bridge from the standpoint of safety and adequacy to serve traffic, based upon level-of-service criteria set by the Secretary; (3) assign each bridge not meeting such criteria to an improvement category (i.e., replacement or rehabilitation); and (4) determine the cost of improving each bridge based on such category. Sets forth requirements and procedures for Federal participation in, and approval of, bridge replacement and rehabilitation projects. Makes funds available to the States under a Major Bridge Discretionary Program. Sets forth criteria and requirements under such program. Makes provisions of the General Bridge Act of 1946 applicable to bridges authorized to be replaced, in whole or in part, by this Act, with exceptions. Specifies the Federal share (up to 75 percent) of bridge construction. Directs the Secretary to: (1) implement programs, in a manner that encourages the inventory, retention, rehabilitation, adaptive reuse, and future study of historic bridges; and (2) require each State to complete an inventory of all bridges on and off the Federal-aid system to determine their historic significance. Makes funds available for the repair or reconstruction of highways which the Secretary finds to have suffered serious damage as the result of a natural disaster over a wide area or a catastrophic failure from any external cause in any part of the United States, subject to specified restrictions. Authorizes the Secretary to: (1) assist the territorial governments of the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands in a program for the construction and improvement of a system of arterial highways and necessary inter-island connectors designated by the Governor of each territory; and (2) provide technical assistance for the establishment of an appropriate agency to administer on a continuing basis highway planning, design, construction, and maintenance operations. Makes funds available for engineering and economic surveys and investigations, planning of future highway programs, studies of the economy, safety, and convenience and the desirable regulation and equitable taxation of highway usage, and for research and development. Establishes a coordinated Federal Lands Highways Program consisting of forest highways, park roads and parkways, and Indian reservation roads. Authorizes the Secretary to: (1) engage in research, development, and technology transfer activities on motor carrier transportation and all phases of highway planning and development; (2) enter into contracts and cooperative agreements with the National Academy of Sciences, American Association of State Highway and Transportation Officials, or any State agency, authority, organization, or person, for such purposes; (3) make grants for research fellowships for such purposes; (4) engage in research, development, technology transfer, and other activities related to Intelligent Vehicle Highway Systems; and (5) undertake on a cost-shared basis collaborative research and development with non-Federal entities. Directs the Secretary to establish and operate in the Federal Highway Administration (FHWA) a National Highway Institute to develop and administer training programs for FHWA State and local transportation and highway department employees, State and local police, public safety and motor vehicle employees, and U.S. citizens and foreign nationals engaged in highway work of interest to the United States. Sets forth provisions with respect to the Federal share of the cost of tuition and direct educational expenses. Authorizes the Secretary to carry out a transportation assistance program that will provide highway and transportation agencies in urbanized areas of 50,000 to 1,000,000 population and in rural areas with access to modern highway technology. Authorizes the Secretary to engage in activities to inform the domestic highway community of technological innovations abroad that could significantly improve highway transportation in the United States and promote U.S. highway expertise internationally, and increase transfers of U.S. highway transportation technology to foreign countries. Directs the Secretary to cooperate with State and local officials in urbanized areas in the development of transportation plans and programs which are formulated with due consideration to comprehensive long-range land use plans, development objectives, innovative financing mechanisms, overall social, economic, environmental, system performance, and energy conservation goals and objectives; and with due consideration to their probable effect on the future development of the area. Specifies that the transportation planning process, at a minimum, shall cover the existing urbanized area and the area expected to become urbanized within the forecast period, and that it may encompass the entire Metropolitan Statistical Area/Consolidated Metropolitan Statistical Area at the discretion of the Governor and the affected units of local government. Requires that transportation plans and programs in urbanized areas of more than 200,000 population be based on a continuing transportation planning process which: (1) is carried out by a metropolitan planning organization and is comprehensive to the degree appropriate based on the complexity of transportation problems in the area, including transportation-related air quality problems; and (2) considers all modes of transportation, including intermodal connectivity, the balance between future development and transportation needs, and an areawide multimodal congestion management system. Specifies that in nonattainment areas for transportation-related pollutants the multimodal congestion management system shall address air quality considerations and be coordinated with the process for development of the transportation element of the State Implementation Plan required by the Clean Air Act. Requires that the costs and impacts of proposed action on both mobility and air quality be evaluated. Bars the Secretary from approving any highway project in urbanized areas of more than 200,000 population that by reconstruction or new construction significantly increases the vehicle carrying capacity of a transportation corridor unless the project is consistent with the congestion management system. Directs the metropolitan planning organization to cooperate with the State in the development of a congestion management, bridge management, pavement management, safety management, and traffic monitoring system. Requires that: (1) a metropolitan planning organization be designated in each urbanized area by agreement among the units of general purpose local government and the Governor to carry out such transportation planning process; (2) such organization develop a transportation improvement program that includes all projects proposed for funding within the study area under the National Highway Program, the Urban and Rural Program, and the Bridge Program; and (3) in urbanized areas of 200,000 population or less, such organization, the State, and transit operators, at a minimum, meet the requirements of this Act by the development of such a transportation improvement program (including consideration of transportation-related air quality problems). Directs the Secretary to cooperate with the States in carrying out: (1) statewide transportation planning to support transportation programs and projects funded under this Act; and (2) State highway research. Sets forth provisions regarding State matching fund requirements and waiver of such requirements. Requires the States and the Federal agencies to exercise effective control of the erection and maintenance of outdoor advertising signs, displays, or devices in areas adjacent to the NHS and rural arterials located outside of urbanized areas, and of the establishment and maintenance of junkyards outside of urbanized areas adjacent to the NHS. Encourages, and authorizes the Secretary to allocate funds to, States to initiate or expand efforts for planning and program development for scenic byways. Directs the Secretary to issue guidelines for evaluation of congestion pricing measures proposed in response to air quality problems for operational tests in designated urbanized areas. Sets forth provisions regarding: (1) the availability and apportionment of funds for the various programs, including specifications of the Federal share of certain projects; (2) administration of Federal lands highways funds; (3) acquisition of rights-of-way; and (4) private, State, and local donations. Specifies that the State matching share for a project with respect to which Federal assistance is provided out of the Highway Account of the HTF may be credited with the fair market value of land incorporated into the project and lawfully donated to the State after April 2, 1987, and the fair market value of land owned by the State or a local government and incorporated into the project. Authorizes the Secretary to withhold project approvals on National Highway Program projects for failure of a State to have a bridge management, pavement management, safety management, and congestion management system. Requires each State to have such systems, as well as a traffic monitoring system to provide statistically-based traffic data. Requires any State transportation or highway department which submits plans for: (1) a National Highway Program project involving the bypassing of, or going through, any city, town, or village, to certify to the Secretary that it has had public hearings or the opportunity for hearings and has considered the economic, social, and environmental effects and its consistency with the goals and objectives of urban planning promulgated by the community; and (2) an IS project to make a similar certification to enable persons in rural areas who have property contiguous to the highway or property through which the highway will pass to express objections they may have to the proposed locations of the highway. Requires the State transportation or highway department to prepare a record of the hearing. Sets forth NHS standards which, at a minimum, enable National Highway Program projects to accommodate the types and volumes of traffic anticipated for the project for a 20-year period, with exceptions. Sets forth additional provisions with respect to: (1) sign, curb, and pavement marking and traffic signal standards; (2) highway and railroad grade crossing safety standards; (3) soil erosion guidelines; (4) consideration of economic, social, and environmental effects; and (5) highway noise level standards. Directs the Secretary: (1) to develop and promulgate guidelines to assure that highways constructed pursuant to this title are in conformity with any approved plan for the implementation of any ambient air quality standard for any air quality control region designated pursuant to the Clean Air Act, as amended; (2) not to approve projects involving bridge approaches if the project and bridge will significantly affect the traffic volume and the highway system of a contiguous State without first taking into full consideration the views of such State; and (3) not to approve projects that will result in the severance or destruction of an existing major route for nonmotorized transportation traffic and light motorcycles unless the project provides a reasonable alternative route or an alternative route exists. Requires that projects for resurfacing, restructuring, or rehabilitating any highway, other than a fully access-controlled highway, in which Federal funds participated be constructed in accordance with standards to preserve and extend the service life of highways and to enhance highway safety, and that projects on fully access-controlled highways be constructed in accordance with new construction and major reconstruction standards. Sets forth: (1) procedures for submission and approval of State transportation or highway department plans, specifications, and estimates for proposed projects; (2) alternate project procedures; and (3) provisions with respect to right-of-way agreements, including commercial use and management of rest areas, vending machines, and the use of income from right-of-way airspace. Establishes guidelines with respect to highway construction, including: (1) limitations on the use of convict labor; (2) State warranty or guarantee provisions; (3) bidding requirements; (4) wages; (5) equal employment opportunity provisions, including the prohibition of discrimination based on sex; (6) highway construction training, including training of disadvantaged businesses to achieve proficiency to compete for contracts and subcontracts; (7) Indian employment; and (8) provisions with respect to utility facilities. Makes it the duty of the State transportation or highway department to maintain NHS projects and the IS. Authorizes the Secretary to approve as an NHS project the acquisition of land adjacent to the right-of-way for the construction of carpool and other publicly-owned parking facilities, to encourage carpools, for exclusive or preferential high occupancy vehicle lanes, and to accommodate needed rail (included high speed ground transportation and magnetic levitation systems) or non-highway public mass transit facilities, subject to specified conditions. Authorizes: (1) the State to use Federal highway funds to construct improved lanes, paths, or shoulders, traffic control devices, shelters, and parking facilities for bicycles and pedestrians, and carry out nonconstruction projects related to safe bicycle and pedestrian use, subject to specified limitations; and (2) the Secretary to approve as part of highway construction the costs of landscaped and roadside development. Declares it to be Government policy that special effort should be made to preserve the natural beauty on the countryside, public park and recreation lands, wildlife and waterfowl refuges, and historic sites. Authorizes the Secretary to approve certain transportation programs or projects requiring the use of publicly-owned land of a public park, recreation area, wildlife and waterfowl refuge, or historic site only if: (1) there is no prudent and feasible alternative to using such land; and (2) the program or project includes all possible planning to minimize harm to such park, recreation area, wildlife and waterfowl refuge, or historic site resulting from such use. Authorizes the use of National Highway Program and Urban and Rural Program funds to participate in wetland mitigation banks or to contribute to statewide programs that create, conserve, or enhance wetland habitat. Authorizes the Secretary, in an emergency, to use certain Department of Transportation appropriations for medical assistance necessary for the immediate relief of FHWA employees engaged in hazardous work. Declares it to be in the national interest to utilize small business enterprises to the fullest practicable extent in highway construction. Authorizes the Secretary to provide for: (1) the construction and maintenance of defense access roads (including bridges, tubes, and tunnels) to military reservations, defense industries and industry sites, and the sources of raw material when the roads are certified to the Secretary as important to the national defense; and (2) necessary reconstruction of the Alaska-Canada International Highway. Directs the Secretary to report to specified committees periodically regarding the condition and performance of the existing system and estimates of the future highway and bridge needs of the nation, including the results of studies of the air quality impacts of transportation programs. Authorizes the Secretary to carry out experimental programs which allow the FHWA and the States to demonstrate innovative and nontraditional design, construction, and management practices, or both, for highway projects while utilizing a competitive process for selection of contractors. Directs the Secretary to evaluate such projects and report on the results. Transfers funds made available for transit projects under this Act or under Federal highway provisions to, and for administration by, the Mass Transportation Administration. Lists Federal highway provisions, as amended by this Act, which are designed to promote clean air, such as: (1) the Research and Technology Program (to enable States to more effectively assess environmental impacts and the effectiveness of mitigation strategies); (2) the Urbanized Area Planning Program (requiring consideration of long-range land use plans, development objectives, and overall social, economic, and environmental impacts; consideration of all modes of transportation, including intermodal connectivity; and development of a multimodal congestion management system); (3) a right-of-way airspace provision permitting the use of income from such right-of-way without charge for high speed rail, magnetic levitation systems, and other transit use; and (4) provisions permitting bicycle and pedestrian projects with National Highway, Urban and Rural, and Federal Lands Highways Program funds. Waives matching fund requirements of qualifying projects between October 1, 1991 and September 30, 1993. Specifies that the Federal share shall be the percentage of the construction costs as the State transportation or highway department requests, up to 100 percent, but that the total amount of increased Federal share per fiscal year which may be obligated for qualifying projects in any State shall not be greater than 25 percent of the total amounts apportioned for the National Highway, Urban and Rural, and Bridge Programs in FY 1992. Requires States to repay the total amount of increases in the Federal share on or before March 30, 1994. Repeals provisions of the Federal-Aid Highway Act of 1978 prohibiting the expenditure of Federal funds for highway signs relating to speed limit, distance, or other measurement solely using the metric system. Sets forth limitations on obligations for Federal-aid highway program for FY 1992 through 1996 and provisions regarding the redistribution of unused obligation authority. Title II: Highway Safety Act of 1991 - Highway Safety Act of 1991 - Authorizes appropriations out of the Highway Account of the HTF for: (1) FHWA highway safety programs; (2) National Highway Traffic Safety Administration (NHTSA) highway safety programs and highway safety research and development; (3) a National Driver Register; (4) traffic and motor vehicle safety programs; and (5) motor vehicle information and cost saving programs. Directs the Secretary to periodically conduct a rulemaking to determine those programs most effective in reducing highway crashes, injuries, and deaths. Specifies that: (1) any rule issued pursuant to such rulemaking shall be developed in cooperation with the States; and (2) when such a rule takes effect, only the programs established by the rule as most effective in reducing highway crashes, injuries, and deaths shall be eligible to receive Federal financial assistance. Requires the State highway safety agency to coordinate its highway safety plan with the motor carrier safety plan developed under this Act. Directs each State to submit to the Secretary such speed-related data as the Secretary determines is necessary for each 12-month period ending on September 30, including data on citations and travel speeds on public highways with speed limits posted at or above 55 miles per hour (mph). Specifies that: (1) the annual apportionment to the Secretary of the Interior (for Indians in identified areas) shall not be less than three-quarters of one percent of the total apportionment of funds to the States; and (2) the Federal share for highway safety programs shall not exceed 60 percent of the total program costs, with exceptions. Authorizes the Secretary to award safety bonus funds to States that take specific actions to advance highway safety. Establishes criteria and eligibility requirements for, and formulas for determining the amount of, alcohol, safety belt use, and fatality rate bonuses and other safety bonuses (such as having programs that emphasize pedestrian, bicycle, and motorcycle safety; provision for a lead agency at the State level for emergency medical services with adequate powers and equipment; and public information and education programs on significant highway safety problems). Requires the Secretary to periodically report to the Congress on the States' efforts to qualify for safety bonus funds. Authorizes the Secretary to: (1) engage in research on all phases of highway safety and traffic conditions, including the effect thereon on State laws and activities related to Intelligent Vehicle Highway Systems; (2) test, develop, or assist in the testing and development of any material, invention, patented article, or progress; (3) use appropriated funds for training or education of highway safety personnel, research fellowships in highway safety, development of improved accident investigation procedures, emergency service plans, demonstration projects, and related research and development activities; and (4) carry out safety research on the relationship between the consumption and use of drugs and their effect upon highway safety and drivers of motor vehicles, driver behavior research, and biomechanics research. Authorizes the Secretary to: (1) undertake, on a cost-shared basis, collaborative research and development with non-Federal entities; and (2) enter into cooperative research and development agreements, except that the Secretary may agree to provide not more than 70 percent of the cost of any such research and development project and must establish a procedure to consider the views of experts and the public concerning the project areas. Bars a State from having: (1) a maximum speed limit on any public highway within its jurisdiction in excess of 55 mph other than on a highway on the IS located outside of an urbanized area; and (2) a maximum speed limit of 65 mph on any highway within its jurisdiction on the IS located outside of an urbanized area, or under other specified circumstances. Requires each State to annually certify to the Secretary that it is enforcing all speed limits on public highways, after considering the speed-related data it submits to the Secretary. Bars the Secretary from approving projects in any State which has failed to make such certification. Requires the Secretary to withhold ten percent of National Highway, and Urban and Rural, Program funds apportioned to any State on the first day of each fiscal year in which the purchase or public possession in such State of any alcoholic beverage by a person who is less than 21 years of age is lawful. Provides for apportionment of withheld funds to other States which are in compliance with such provision. Requires that all facts contained in any report of a Federal department, agency, officer, employee, or agent relating to a highway traffic crash or investigation be made available for use in any civil, criminal, or other judicial proceeding arising out of the crash. Specifies that: (1) any such officer, employee, or agent may be required to testify in such proceedings as to the facts developed in the investigation; and (2) this and other specified reports shall be made to the public in a manner which does not identify individuals. Directs the Secretary to establish and maintain a National Driver Register to assist chief driver licensing officials of participating States in exchanging information regarding the motor vehicle driving records of individuals. Sets forth provisions with respect to: (1) the contents of such Register; (2) responsibility for accuracy of information; (3) cut-off dates for maintaining information; (4) State participation in the Register; (5) reports by such officials to the Secretary; and (6) accessibility of Register information. Establishes: (1) criminal penalties for unauthorized disclosure of such information and for requesting and obtaining Register information under false pretenses; and (2) a National Driver Register Advisory Committee. Authorizes appropriations out of the Highway Account of the HTF to carry out highway and alcohol safety programs under the safety bonus provisions of this Act. Makes such funds available until expended and not subject to any obligation limitation for State and community highway safety programs. Requires the Secretary to establish: (1) national bridge inspection standards for the proper safety inspection and evaluation of all highway bridges; and (2) a program designed to train governmental employees to carry out highway bridge inspections. Bars the admission into evidence (or use for other purposes) in Federal or State court of reports and surveys compiled to identify, evaluate, or plan the safety enhancement of potential accident sites, hazardous roadway conditions, or railway-highway crossings, for the purpose of developing any highway safety construction improvement project which may be implemented utilizing Federal highway funds. Sets forth provisions regarding the use of automotive crash test dummies. Repeals the annual report requirement of the Highway Safety Act of 1966. Title III: Motor Carrier Act of 1991 - Motor Carrier Act of 1991 - Authorizes appropriations out of the Highway Account of the HTF for the Motor Carrier Safety Assistance Program and for the motor carrier safety functions of the FHWA. Prohibits States from enacting or enforcing laws denying reasonable access to commercial motor vehicles between the NHS and terminals, facilities for food, fuel, repairs, and rest, and points of loading and unloading for household good carriers and for any truck tractor-semitrailer combination in which the semitrailer has a length not to exceed 28 1/2 feet and which generally operates as part of a specified vehicle combination, with exceptions (but allows State or local governments to impose reasonable restrictions, based on safety considerations, on any such combination). Bars States from establishing, maintaining, or enforcing any regulation of commerce which imposes a vehicle length limitation of less than 48 feet on the length of the semitrailer unit operating in a truck tractor-semitrailer combination, and of less than 28 feet on the length of any semitrailer and trailer operating in such a combination, on any segment of the NHS. Sets forth: (1) additional provisions with respect to semitrailer and trailer combinations, and truck tractors; and (2) NHS segment exemptions (and procedures), such as where the Governor of a State transmits to the Secretary notification of specific evidence of safety problems. Sets forth analogous provisions limiting commercial motor vehicle width to 102 inches on NHS segments. Directs the Secretary: (1) within 12 months, to conduct a review of information systems utilized by one or more States or jurisdictions pertaining to the collection of and accounting for fees and taxes for vehicle registration, motor fuel use, or other purposes; (2) within 24 months, to establish an information system to serve as a clearinghouse and depository of information pertaining to the collection of and accounting for fees for registering commercial motor vehicles and taxes charged by States for motor fuel used by such vehicles, with the maintenance of the system to be supported by user fees; and (3) to establish standards to ensure uniform data collection and reporting by all States. Makes funds available for such purpose. Authorizes the Secretary to make grants to States: (1) for the development and implementation of a program to register and collect commercial motor vehicle fuel taxes according to standards established under this title; and (2) to carry out a project to demonstrate methods of linking safety fitness of the registrant or the motor carrier responsible for the operation of the commercial motor vehicle when registering such vehicle. Makes funds available for such purposes. Authorizes the Secretary to promulgate regulations barring States from registering commercial motor vehicles under the standards established under this title if the State or Secretary determines that the registrant or the motor carrier responsible for the operation of such vehicle has not demonstrated the safety fitness required to operate such vehicle. Authorizes and directs the Attorney General to institute a civil action for injunctive relief that may be appropriate to assure compliance with provisions under this title. Authorizes the court to issue specified injunctive relief as appropriate. Authorizes the Secretary to make grants to States (including the District of Columbia and the U.S. territories) for the development and implementation of programs for the enforcement of Federal rules, regulations, standards, and orders applicable to commercial motor vehicle safety, vehicle size, and maximum weight, and commercial motor vehicle awareness and enforcement, and compatible State rules, regulations, standards, and orders. Directs the Secretary to formulate procedures for a State to submit a plan where the State agrees to adopt, and assume responsibility for, enforcing such Federal rules. Sets forth requirements for State plans, including ensuring that the State will devote adequate resources for administering the plan and providing a right of entry and inspection to carry out the plan. Directs the Secretary to: (1) reject any State plan that does not provide that the aggregate expenditure of funds of the State and political subdivisions for commercial motor vehicle safety, drug awareness and enforcement, and size and weighing activities will be maintained at a level that does not fall below the average level of expenditures in such State for the last full fiscal year; (2) make a continuing evaluation of the manner in which each State is carrying out its State plan; and (3) withdraw approval under appropriate circumstances (subject to specified procedures and judicial review). Authorizes the Secretary to reimburse a State up to 75 percent of the costs incurred by such State in the development and implementation of programs for the enforcement of such rules, regulations, standards, and orders, and up to 100 percent of such costs if the Secretary determines that such programs are particularly beneficial to all jurisdictions. Sets forth additional provisions with respect to deductions of funds for administration, allocation criteria, the availability, release, and reallocation of funds, obligation of funds, and payments to States. Prohibits States, political subdivisions, or interstate agencies from enacting or enforcing laws or rules relating to interstate or intrastate rates, routes, or services of any motor carrier providing transportation of passengers or property in interstate commerce, or the leasing, rental, or other sourcing of commercial drivers and motor vehicles by interstate motor carriers. Directs the Secretary to issue regulations to establish uniform standards for: (1) the registration of commercial motor vehicles; and (2) the collection and distribution of taxes charged by States for motor fuel used by such vehicles (which, at a minimum, provide for single base State collection with proportional sharing of the motor fuel taxes charged within the States where the commercial motor vehicle is operated, reciprocity among the agreeing States, and uniform, simplified tax reporting requirements). Bars any State from having in effect or enforcing a law or regulation which: (1) limits operation of any commercial motor vehicle within its borders by reason of such vehicle's not being registered in the State when it is registered in another State; and (2) imposes a tax upon the use of motor fuel by commercial motor vehicles, except as may be imposed upon the purchase of fuel within such State, unless the State is in compliance with the requirements established under this title. Authorizes the Secretary to promulgate regulations to establish uniform standards for the collection and distribution of taxes and fees exclusively associated with the purchase, use, and operation of commercial motor vehicles. Sets forth provisions regarding State vehicle size and weight limitations, including a formula for the maximum gross weight to be allowed by any State for vehicles using the IS. Repeals: (1) various provisions of the Surface Transportation Assistance Act of 1982, including provisions regarding grants for enforcement programs for commercial motor vehicle safety, length and width limitations, and access to the IS, as well as certain unobligated authorizations; and (2) provisions relating to required State registration of operating authority granted by the Interstate Commerce Commission (ICC). Revises Federal provisions with respect to the registration of motor carriers by a State to prohibit any State from requiring an interstate private or former motor carrier or interstate broker of property to prove the lawfulness of specified interstate transportation activity, such as requiring such carrier or broker to: (1) file and maintain a certificate or permit issued to such carrier or broker by the ICC; (2) register more vehicles operated under such a certificate or permit; (3) display or carry on any vehicle any means of identification evidencing the lawfulness of such transportation activity; or (4) pay a fee or a tax with respect to such activities. Title IV: Federal Mass Transportation Act of 1991 - Federal Mass Transportation Act of 1991 - Amends Federal law to rename the Urban Mass Transportation Administration of the Department of Transportation the Mass Transportation Administration. Amends the Urban Mass Transportation Act of 1964 (the Act) to make the following projects eligible to receive discretionary capital grants under the Act: (1) public highways (other than those functionally classified as local or rural minor collectors); (2) the deployment of innovative techniques and methods in the management and operation of public transportation services; and (3) mass transportation services to meet the special needs of elderly and handicapped persons. Authorizes the obligation of such grants for full funding contracts. Revises the eligibility criteria for discretionary capital grants or loans for construction of new fixed guideway systems to provide that such systems: (1) be based upon a thorough assessment of the feasibility of using a variety of innovative financing mechanisms as well as its overall capital plan; and (2) are included in a specified report. Authorizes appropriations for FY 1992 through 1996. Prohibits the Secretary of Transportation (Secretary) from approving an application for discretionary capital grants or loans for the construction of highway transportation projects unless an authorization is made for the fiscal year in which such application is being sought. Authorizes the Secretary to approve innovative highway- and transit-related, immediate action, noncapital-intensive projects to help relieve congestion and transportation-related air quality problems in certain urbanized areas or projects in rural areas that respond to rural transportation problems through innovative approaches and strategies. Sets forth project requirements. Changes from 75 percent to no more than 60 percent the Federal share of net costs for highway transportation projects, except for construction of a new fixed guideway system and extension to a fixed guideway system which shall be up to 50 percent of net project cost. Declares that it is in the national interest to encourage and promote the development of transportation systems that will effectively serve the States and local communities. Directs the Secretary to cooperate with State and local officials in urbanized areas in the development of transportation programs which are based upon long-range land use plans and economical and environmental concerns, including their probable effect on the future development of the area. Requires a metropolitan planning organization to be designated in each urbanized area to develop a transportation improvement program. Authorizes the Secretary to contract for and make grants to States and local agencies, or enter into working agreements with other Federal agencies, for the planning, engineering, design, and evaluation of public transportation projects, and for other technical studies. Makes a specified amount of block grant transportation funds available based on a specified formula for expenditure in certain urbanized areas. Eliminates certain percentage requirements from such formula based grants. Requires recipients of such grants to assure that the proposed program of transportation projects provides for the maximum feasible coordination of public transportation services assisted under the Act with transportation services assisted by other Federal sources. Revises eligibility requirements with respect to such grants. Changes from 80 percent to no more than 60 percent the Federal share of net costs for construction of transportation projects, except for noncapital expenses which shall be 50 percent of net project cost. Authorizes the Secretary, in lieu of the Federal environmental review procedures under the National Environmental Policy Act of 1969, to approve projects by recipients of assistance under the Act who assume responsibilities for environmental review, decisionmaking, and other action that would apply to the Secretary if such projects were undertaken as Federal projects. Requires each recipient to submit a certain annual certification with respect to the approval of such projects. Includes research on transportation safety as a responsibility of each university transportation center established under the Act. Requires the Secretary to coordinate the research, education, training, and technology transfer in such centers, the dissemination of the results of the research, and a clearinghouse between the centers and the transportation industry. Directs the Secretary to make grants to universities to establish three additional National Centers for Transportation Management, Research, and Development as a means to accelerate the involvement of minorities and women in transportation-related professions, particularly in the science, technology, and engineering disciplines. Authorizes the Secretary to make funds that are appropriated to the Department of Transportation for transportation research available to one or more of the centers for research that is compatible with the research conducted in such centers pursuant to authorizations under the Act or the HTF. Authorizes the Secretary to transfer facilities and equipment that are acquired by a recipient of Federal transportation funds and are no longer needed by the recipient to any public body to be used for any public purpose for no less than five years after such transfer. Sets forth specified determinations to be made by the Secretary with respect to the transfer of such assets for purposes other than for mass transportation. Requires funds that are available under the Act for public highway projects to be transferred to the FHWA. Requires construction employees who work on transportation construction projects in excess of $250,000 to be paid wages at rates not less than those prevailing on similar construction in the locality. Prohibits any person from dividing any project into contracts of $250,000 or less if such project would not have been divided but for avoiding such minimum wage rate requirement. Revises provisions of the Act relating to Federal transportation assistance for mass transportation projects that meet the special needs of elderly persons and individuals with disabilities. Changes from 95 percent to no more than 60 percent the Federal share of net costs for such projects. Authorizes the Governor of a State to allocate certain Federal transportation funds for construction of highway projects to certain urbanized areas. Requires the Secretary to evaluate the performance of each Governor in allocating such funds every three years. Limits the amount of formula based grants for transportation projects in nonurbanized areas that may be used for operating assistance. Changes from 80 percent to no more than 60 percent the Federal share of net costs for public transportation construction projects in nonurbanized areas. Makes public highways (other than those functionally classified as local or rural minor collectors) eligible construction projects to receive Federal transportation formula based grants for nonurbanized areas provided specified conditions are met. Authorizes States to transfer facilities and equipment acquired with such assistance to recipients eligible to receive assistance under this Act so long as such assets continue to be used for transportation purposes. Authorizes the Secretary to retain funds returned to him or her in connection with grants or contracts for human resources projects that involve public transportation. Authorizes appropriations from the Mass Transit Account of the HTF for FY 1992 through 1996 for mass transportation projects. Sets forth a formula for allocation of such funds. Authorizes the Secretary to issue regulations requiring as a condition to receiving mass transportation assistance that a recipient certify that it has established alcohol and drug abuse control and testing programs for itself or for its workers who are involved in safety sensitive functions. Prohibits the Secretary from using more than three-quarters of one percent (currently, one-half of one percent) of funds for mass transportation projects to contract with persons to oversee the construction of such projects. Earmarks one-third of the funds appropriated from the Mass Transit Account of the HTF for grants or contracts for mass transportation projects. Authorizes the Secretary to charge and retain fees, tuition, or other related amounts resulting from conferences, seminars, and training sessions for the development of transit technology. Authorizes the Secretary to establish a program of transit technology development. Directs the Secretary to establish an Industry Technical Panel consisting of representatives of transportation suppliers and operators and others involved in technology development to assist him or her in the identification of priority technology development areas and in establishing guidelines for project development, project cost sharing, and project execution. Allocates on a specified formula funds from the HTF for State and local transit cooperative research and planning programs. Title V: Highway Revenue Act of 1991 - Highway Revenue Act of 1991 - Extends for three years: (1) HTF taxes and related exemptions; and (2) HTF appropriations and authorizations. Makes amounts in the Highway Account of the HTF available for specified traffic safety and cost savings programs. Makes conforming amendments to the Land and Water Conservation Fund Act of 1965. Amends the Internal Revenue Code to: (1) reduce Federal gasoline, and diesel and special motor fuels, taxes; and (2) reduce the amount transferred by the Secretary of the Treasury to the Mass Transit Account as the mass transit portion of the amount appropriated to the HTF which are attributable to taxes under the Code imposed after March 31, 1983.
Bill· SS. 593 (102nd)referred
United States · United States Congress · 7 March 1991
Visual Pollution Control Act of 1991 - Authorizes (current law requires) reduction of Federal highway funds by up to five (currently, equal to ten) percent of apportioned funds for States that have not made provision for effective control of outdoor signs, displays, or devices (advertising) along Federal-aid highways. Requires, as part of effective control, that: (1) each State maintain an annual inventory of such advertising, identify such advertising as illegal, nonconforming, or conforming under State law, and assure that any prohibited advertising shall be removed; and (2) no State allow or undertake any vegetation removal or other alteration of the highway right-of-way to improve visibility of such advertising or permit modification of nonconforming advertising to improve its visibility or prolong its useful life. Prohibits any new advertising from being erected under Federal highway provisions after October 1, 1991, and treats advertising erected between such date and the effective date of this Act as nonconforming. Sets forth provisions with respect to the removal and acquisition of advertising and Federal participation in costs incurred by the State for such removal. Bars outdoor advertising by Federal agencies on public lands (excluding Indian lands and reservations) that fails to conform to regulations issued by the Federal agency with jurisdiction over, or responsibility for, such land. Requires such regulations to be at least as stringent as the requirements of the State in which the land is located.
Bill· SS. 591 (102nd)referred
United States · United States Congress · 7 March 1991
Highway Fatality and Injury Reduction Act of 1991 - Requires all passenger cars, trucks, buses, and multipurpose passenger vehicles manufactured after a specified date to be equipped with airbags.
Bill· HRH.R. 1351 (102nd)open
United States · United States Congress · 7 March 1991
Surface Transportation Assistance Act of 1991 - Title I: Federal-Aid Highway Act of 1991 - Federal-Aid Highway Act of 1991 - Authorizes appropriations out of the Highway Account of the Highway Trust Fund (HTF) for: (1) the National Highway Program; (2) the Urban and Rural Program; (3) the Bridge Program; (4) the Right-of-Way Revolving Fund; (5) emergency relief; (6) the Federal Lands Highway Program; (7) the University Transportation Centers Program; and (8) highway use tax evasion projects. Specifies that unobligated balances of funds apportioned or allocated to a State under Federal highway provisions before October 1, 1991, shall be available for obligation in such State under the law, regulations, policies, and procedures relating to the obligation and expenditure of those funds in effect on September 30, 1991. Repeals the FY 1993 authorization under the Federal-Aid Highway Act of 1956. Authorizes appropriations for Interstate construction to complete the Interstate System (IS) out of the Highway Account of the HTF for each of FY 1992 through 1995. Provides for certain allocations for Massachusetts for such fiscal years. Sets forth a formula for the apportionment of authorized funds for such fiscal years among the States. Authorizes appropriations out of the Highway Account of the HTF for highway projects for the Interstate Substitution Program. Defines the National Highway System (NHS) as: (1) the highways of the IS; (2) other urban and rural principal arterials, including toll facilities; (3) highways of the Strategic Highway Network (SHN) (defined as a network of highways that constitutes an important factor in U.S. strategic defense policy); and (4) major Strategic Highway Network Connectors (SHNCs) (which provide access from major military installations to the SHN). Makes the following activities, subject to specified conditions, eligible for funding: (1) construction; (2) operational and highway safety improvements; (3) modifications to existing facilities necessary to accommodate other modes; (4) transportation planning; (5) highway safety research and development; (6) technology transfer activities; (7) control of junkyards and outdoor advertising; (8) projects that enhance rural and urban accessibility and mobility; and (9) startup costs for traffic management and control. Specifies that: (1) designation of the NHS, other than the IS, SHN, and SHNCs, shall be by the State in cooperation with local officials; (2) in urbanized areas, local officials shall act through the designated metropolitan planning organization; (3) the NHS shall be based on a functional reclassification of roads and streets in each State which shall be designated not later than September 30, 1993, in accordance with guidelines issued by the Secretary of Transportation; and (4) the Secretary shall have the authority to approve, in whole or in part, the NHS and may add segments to the NHS as necessary to meet National Highway Program objectives. Sets forth further specifications with respect to the use of the NHS by trucks, the selection of projects by the States, and new construction or major reconstruction of NHS beltways and bypasses. Directs the Secretary to establish an Urban and Rural Program to provide a category of funds that minimizes Federal requirements and provides flexibility in the use of available funds for either highway or transit projects. Specifies eligible highways and projects. Authorizes the Secretary to approve innovative highway- and transit-related immediate action, non-capital intensive projects to help relieve congestion and transportation-related air quality problems in urbanized areas of more than 200,000 population, or projects in rural areas that respond to rural transportation problems through innovative approaches and strategies. Sets forth provisions with respect to project compliance with State and Federal requirements. Requires States to have an ongoing bridge inspection and inventory system. Directs the Secretary to set aside specified funds for Metropolitan and Rural Innovative Bonus Projects. Sets forth provisions with respect to the obligation of funds, and the Federal share of projects, for the construction of toll roads, bridges, tunnels, and ferries. Declares it to be in the vital interest of the nation that a program be established to enable the States and Federal agencies to replace and rehabilitate highway bridges over waterways, other topographical barriers, other highways, or railroads when the State or Federal agencies and the Secretary find that a bridge is important, that it is unsafe and poses a safety hazard to highway users, that its replacement or rehabilitation would minimize disruptions, delays and costs to users, or that its replacement or rehabilitation would provide more efficient routes for emergency services. Directs the Secretary to: (1) inventory all highway bridges; (2) assess each bridge from the standpoint of safety and adequacy to serve traffic, based upon level-of-service criteria set by the Secretary; (3) assign each bridge not meeting such criteria to an improvement category (i.e., replacement or rehabilitation); and (4) determine the cost of improving each bridge based on such category. Sets forth requirements and procedures for Federal participation in, and approval of, bridge replacement and rehabilitation projects. Makes funds available to the States under a Major Bridge Discretionary Program. Sets forth criteria and requirements under such program. Makes provisions of the General Bridge Act of 1946 applicable to bridges authorized to be replaced, in whole or in part, by this Act, with exceptions. Specifies the Federal share (up to 75 percent) of bridge construction. Directs the Secretary to: (1) implement programs, in a manner that encourages the inventory, retention, rehabilitation, adaptive reuse, and future study of historic bridges; and (2) require each State to complete an inventory of all bridges on and off the Federal-aid system to determine their historic significance. Makes funds available for the repair or reconstruction of highways which the Secretary finds to have suffered serious damage as the result of a natural disaster over a wide area or a catastrophic failure from any external cause in any part of the United States, subject to specified restrictions. Authorizes the Secretary to: (1) assist the territorial governments of the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands in a program for the construction and improvement of a system of arterial highways and necessary inter-island connectors designated by the Governor of each territory; and (2) provide technical assistance for the establishment of an appropriate agency to administer on a continuing basis highway planning, design, construction, and maintenance operations. Makes funds available for engineering and economic surveys and investigations, planning of future highway programs, studies of the economy, safety, and convenience and the desirable regulation and equitable taxation of highway usage, and for research and development. Establishes a coordinated Federal Lands Highways Program consisting of forest highways, park roads and parkways, and Indian reservation roads. Authorizes the Secretary to: (1) engage in research, development, and technology transfer activities on motor carrier transportation and all phases of highway planning and development; (2) enter into contracts and cooperative agreements with the National Academy of Sciences, American Association of State Highway and Transportation Officials, or any State agency, authority, organization, or person, for such purposes; (3) make grants for research fellowships for such purposes; (4) engage in research, development, technology transfer, and other activities related to Intelligent Vehicle Highway Systems; and (5) undertake on a cost-shared basis collaborative research and development with non-Federal entities. Directs the Secretary to establish and operate in the Federal Highway Administration (FHWA) a National Highway Institute to develop and administer training programs for FHWA State and local transportation and highway department employees, State and local police, public safety and motor vehicle employees, and U.S. citizens and foreign nationals engaged in highway work of interest to the United States. Sets forth provisions with respect to the Federal share of the cost of tuition and direct educational expenses. Authorizes the Secretary to carry out a transportation assistance program that will provide highway and transportation agencies in urbanized areas of 50,000 to 1,000,000 population and in rural areas with access to modern highway technology. Authorizes the Secretary to engage in activities to inform the domestic highway community of technological innovations abroad that could significantly improve highway transportation in the United States, promote U.S. highway expertise internationally, and increase transfers of U.S. highway transportation technology to foreign countries. Directs the Secretary to cooperate with State and local officials in urbanized areas in the development of transportation plans and programs which are formulated with due consideration to comprehensive long-range land use plans, development objectives, innovative financing mechanisms, overall social, economic, environmental, and system performance, energy conservation goals and objectives and with due consideration to their probable effect on the future development of the area. Specifies that the transportation planning process, at a minimum, shall cover the existing urbanized area and the area expected to become urbanized within the forecast period, and that it may encompass the entire Metropolitan Statistical Area/Consolidated Metropolitan Statistical Area at the discretion of the Governor and the affected units of local government. Requires that transportation plans and programs in urbanized areas of more than 200,000 population be based on a continuing transportation planning process which: (1) is carried out by a metropolitan planning organization and is comprehensive to the degree appropriate based on the complexity of transportation problems in the area, including transportation-related air quality problems; and (2) considers all modes of transportation, including intermodal connectivity, the balance between future development and transportation needs, and an areawide multimodal congestion management system. Specifies that in nonattainment areas for transportation-related pollutants the multimodal congestion management system shall address air quality considerations and be coordinated with the process for development of the transportation element of the State Implementation Plan required by the Clean Air Act. Requires that the costs and impacts of proposed action on both mobility and air quality be evaluated. Bars the Secretary from approving any highway project in urbanized areas of more than 200,000 population that by reconstruction or new construction significantly increases the vehicle-carrying capacity of a transportation corridor unless the project is consistent with the congestion management system. Directs the metropolitan planning organization to cooperate with the State in the development of a congestion management, bridge management, pavement management, safety management, and traffic monitoring system. Requires that: (1) a metropolitan planning organization be designated in each urbanized area by agreement among the units of general purpose local government and the Governor to carry out such transportation planning process; (2) such organization develop a transportation improvement program that includes all projects proposed for funding within the study area under the National Highway Program, the Urban and Rural Program, and the Bridge Program; and (3) in urbanized areas of 200,000 population or less, such organization, the State, and transit operators, at a minimum, meet the requirements of this Act by the development of such a transportation improvement program (including consideration of transportation-related air quality problems.) Directs the Secretary to cooperate with the States in carrying out: (1) statewide transportation planning to support transportation programs and projects funded under this Act; and (2) State highway research. Sets forth provisions regarding State matching fund requirements and waiver of such requirements. Requires the States and the Federal agencies to exercise effective control of the erection and maintenance of outdoor advertising signs, displays, or devices in areas adjacent to the NHS and rural arterials located outside of urbanized areas, and of the establishment and maintenance of junkyards outside of urbanized areas adjacent to the NHS. Encourages, and authorizes the Secretary to allocate funds to, States to initiate or expand efforts for planning and program development for scenic byways. Directs the Secretary to issue guidelines for evaluation of congestion pricing measures proposed in response to air quality problems for operational tests in designated urbanized areas. Sets forth provisions regarding: (1) the availability and apportionment of funds for the various programs, including specifications of the Federal share of certain projects; (2) administration of Federal lands highways funds; (3) acquisition of rights-of-way; and (4) private, State, and local donations. Specifies that the State matching share for a project with respect to which Federal assistance is provided out of the Highway Account of the HTF may be credited with the fair market value of land incorporated into the project and lawfully donated to the State after April 2, 1987, and the fair market value of land owned by the State or a local government and incorporated into the project. Authorizes the Secretary to withhold project approvals on National Highway Program projects for failure of a State to have a bridge management, pavement management, safety management, and congestion management system. Requires each State to have such systems, as well as a traffic monitoring system to provide statistically-based traffic data. Requires any State transportation or highway department which submits plans for: (1) a National Highway Program project involving the bypassing of, or going through, any city, town, or village, to certify to the Secretary that it has had public hearings or the opportunity for hearings and has considered the economic, social, and environmental effects and its consistency with the goals and objectives of urban planning promulgated by the community; and (2) an IS project to make a similar certification to enable persons in rural areas who have property contiguous to the highway or property through which the highway will pass to express objections they may have to the proposed locations of the highway. Requires the State transportation or highway department to prepare a record of the hearing. Sets forth NHS standards which, at a minimum, enable National Highway Program projects to accommodate the types and volumes of traffic anticipated for the project for a 20-year period, with exceptions. Sets forth additional provisions with respect to: (1) sign, curb and pavement marking, and traffic signal standards; (2) highway and railroad grade crossing safety standards; (3) soil erosion guidelines; (4) consideration of economic, social, and environmental effects; and (5) highway noise level standards. Directs the Secretary: (1) to develop and promulgate guidelines to assure that highways constructed pursuant to this title are in conformity with any approved plan for the implementation of any ambient air quality standard for any air quality control region designated pursuant to the Clean Air Act, as amended; (2) not to approve projects involving bridge approaches if the project and bridge will significantly affect the traffic volume and the highway system of a contiguous State without first taking into full consideration the views of such State; and (3) not to approve projects that will result in the severance or destruction of an existing major route for nonmotorized transportation traffic and light motorcycles unless the project provides a reasonable alternative route or an alternative route exists. Requires that projects for resurfacing, restructuring, or rehabilitating any highway, other than a fully access-controlled highway, in which Federal funds participated be constructed in accordance with standards to preserve and extend the service life of highways and to enhance highway safety, and that projects on fully access-controlled highways be constructed in accordance with new construction and major reconstruction standards. Sets forth: (1) procedures for submission and approval of State transportation or highway department plans, specifications, and estimates for proposed projects; (2) alternate project procedures; and (3) provisions with respect to right-of-way agreements, including commercial use and management of rest areas, vending machines, and the use of income from right-of-way airspace. Establishes guidelines with respect to highway construction, including: (1) limitations on the use of convict labor; (2) State warranty or guarantee provisions; (3) bidding requirements; (4) wages; (5) equal employment opportunity provisions, including the prohibition of discrimination based on sex; (6) highway construction training, including training of disadvantaged businesses to achieve proficiency to compete for contracts and subcontracts; (7) Indian employment; and (8) provisions with respect to utility facilities. Makes it the duty of the State transportation or highway department to maintain NHS projects and the IS. Authorizes the Secretary to approve as a NHS project the acquisition of land adjacent to the right-of-way for the construction of carpool and other publicly-owned parking facilities, to encourage carpools, for exclusive or preferential high occupancy vehicle lanes, and to accommodate needed rail (included high speed ground transportation and magnetic levitation systems) or non-highway public mass transit facilities, subject to specified conditions. Authorizes: (1) the State to use Federal highway funds to construct improved lanes, paths, or shoulders, traffic control devices, shelters, and parking facilities for bicycles and pedestrians, and carry out nonconstruction projects related to safe bicycle and pedestrian use, subject to specified limitations; and (2) the Secretary to approve as part of highway construction the costs of landscaped and roadside development. Declares it to be Government policy that special effort should be made to preserve the natural beauty of the countryside, public park and recreation lands, wildlife and waterfowl refuges, and historic sites. Authorizes the Secretary to approve certain transportation programs or projects requiring the use of publicly-owned land of a public park, recreation area, wildlife and waterfowl refuge, or historic site only if: (1) there is no prudent and feasible alternative to using such land; and (2) the program or project includes all possible planning to minimize harm to such park, recreation area, wildlife and waterfowl refuge, or historic site resulting from such use. Authorizes the use of National Highway Program and Urban and Rural Program funds to participate in wetland mitigation banks or to contribute to statewide programs that create, conserve, or enhance wetland habitat. Authorizes the Secretary, in an emergency, to use certain Department of Transportation appropriations for medical assistance necessary for the immediate relief of FHWA employees engaged in hazardous work. Declares it to be in the national interest to utilize small business enterprises to the fullest practicable extent in highway construction. Authorizes the Secretary to provide for: (1) the construction and maintenance of defense access roads (including bridges, tubes, and tunnels) to military reservations, defense industries and industry sites, and the sources of raw material when the roads are certified to the Secretary as important to the national defense; and (2) necessary reconstruction of the Alaska-Canada International Highway. Directs the Secretary to report to specified committees periodically regarding the condition and performance of the existing system and estimates of the future highway and bridge needs of the nation, including the results of studies of the air quality impacts of transportation programs. Authorizes the Secretary to carry out experimental programs which allow the FHWA and the States to demonstrate innovative and nontraditional design, construction, and management practices, or both, for highway projects while utilizing a competitive process for selection of contractors. Directs the Secretary to evaluate such projects and report on the results. Transfers funds made available for transit projects under this Act or under Federal highway provisions to, and for administration by, the Mass Transportation Administration. Lists Federal highway provisions, as amended by this Act, which are designed to promote clean air, such as: (1) the Research and Technology Program (to enable States to more effectively assess environmental impacts and the effectiveness of mitigation strategies); (2) the Urbanized Area Planning Program (requiring consideration of long-range land use plans, development objectives, and overall social, economic, and environmental impacts; consideration of all modes of transportation, including intermodal connectivity; and development of a multimodal congestion management system); (3) a right-of-way airspace provision permitting the use of income from such right-of-way without charge for high speed rail, magnetic levitation systems, and other transit use; and (4) provisions permitting bicycle and pedestrian projects with National Highway, Urban and Rural, and Federal Lands Highways Program funds. Waives matching fund requirements of qualifying projects between October 1, 1991 and September 30, 1993. Specifies that the Federal share shall be the percentage of the construction costs as the State transportation or highway department requests, up to 100 percent, but that the total amount of increased Federal share per fiscal year which may be obligated for qualifying projects in any State shall not be greater than 25 percent of the total amounts apportioned for the National Highway, Urban and Rural, and Bridge Programs in FY 1992. Requires States to repay the total amount of increases in the Federal share on or before March 30, 1994. Repeals provisions of the Federal-aid Highway Act of 1978 prohibiting the expenditure of Federal funds for highway signs relating to speed limit, distance, or other measurement solely using the metric system. Sets forth limitations on obligations for the Federal-aid highway programs for FY 1992 through 1996 and provisions regarding the redistribution of unused obligation authority. Title II: Highway Safety Act of 1991 - Highway Safety Act of 1991 - Authorizes appropriations out of the Highway Account of the HTF for: (1) FHWA highway safety programs; (2) National Highway Traffic Safety Administration (NHTSA) highway safety programs and highway safety research and development; and (3) a National Driver Register. Directs the Secretary to periodically conduct a rulemaking to determine those programs most effective in reducing highway crashes, injuries, and deaths. Specifies that: (1) any rule issued pursuant to such rulemaking shall be developed in cooperation with the States; and (2) when such a rule takes effect, only the programs established by the rule as most effective in reducing highway crashes, injuries, and deaths shall be eligible to receive Federal financial assistance. Requires the State highway safety agency to coordinate its highway safety plan with the motor carrier safety plan developed under this Act. Directs each State to submit to the Secretary such speed-related data as the Secretary determines is necessary for each 12-month period ending on September 30, including data on citations and travel speeds on public highways with speed limits posted at or above 55 miles per hour (mph). Specifies that: (1) the annual apportionment to the Secretary of the Interior (for Indians in identified areas) shall not be less than three-quarters of one percent of the total apportionment of funds to the States; and (2) the Federal share for highway safety programs shall not exceed 60 percent of the total program costs, with exceptions. Authorizes the Secretary to award safety bonus funds to States that take specific actions to advance highway safety. Establishes criteria and eligibility requirements for, and formulas for determining the amount of, alcohol, safety belt use, and fatality rate bonuses and other safety bonuses (such as having programs that emphasize pedestrian, bicycle, and motorcycle safety; provision for a lead agency at the State level for emergency medical services with adequate powers and equipment; and public information and education programs on significant highway safety problems). Requires the Secretary to periodically report to the Congress on the States' efforts to qualify for safety bonus funds. Authorizes the Secretary to: (1) engage in research on all phases of highway safety and traffic conditions, including the effect thereon on State laws and activities related to Intelligent Vehicle Highway Systems; (2) test, develop, or assist in the testing and development of any material, invention, patented article, or process; (3) use appropriated funds for training or education of highway safety personnel, research fellowships in highway safety, development of improved accident investigation procedures, emergency service plans, demonstration projects, and related research and development activities; and (4) carry out safety research on the relationship between the consumption and use of drugs and their effect upon highway safety and drivers of motor vehicles, driver behavior research, and biomechanics research. Authorizes the Secretary to: (1) undertake, on a cost-shared basis, collaborative research and development with non-Federal entities; and (2) enter into cooperative research and development agreements, except that the Secretary may agree to provide not more than 70 percent of the cost of any such research and development project and must establish a procedure to consider the views of experts and the public concerning the project areas. Bars a State from having: (1) a maximum speed limit on any public highway within its jurisdiction in excess of 55 mph other than on a highway on the IS located outside of an urbanized area; and (2) a maximum speed limit of 65 mph on any highway within its jurisdiction on the IS located outside of an urbanized area, or under other specified circumstances. Requires each State to annually certify to the Secretary that it is enforcing all speed limits on public highways, after considering the speed-related data it submits to the Secretary. Bars the Secretary from approving projects in any State which has failed to make such certification. Requires the Secretary to withhold ten percent of National Highway, and Urban and Rural, Program funds apportioned to any State on the first day of each fiscal year in which the purchase or public possession in such State of any alcoholic beverage by a person who is less than 21 years of age is lawful. Provides for apportionment of withheld funds to other States which are in compliance with such provision. Requires that all facts contained in any report of a Federal department, agency, officer, employee, or agent relating to a highway traffic crash or investigation be made available for use in any civil, criminal, or other judicial proceeding arising out of the crash. Specifies that: (1) any such officer, employee, or agent may be required to testify in such proceedings as to the facts developed in the investigation; and (2) this and other specified reports shall be made to the public in a manner which does not identify individuals. Directs the Secretary to establish and maintain a National Driver Register to assist chief driver licensing officials of participating States in exchanging information regarding the motor vehicle driving records of individuals. Sets forth provisions with respect to: (1) the contents of such Register; (2) responsibility for accuracy of information; (3) cut-off dates for maintaining information; (4) State participation in the Register; (5) reports by such officials to the Secretary; and (6) accessibility of Register information. Establishes: (1) criminal penalties for unauthorized disclosure of such information and for requesting and obtaining Register information under false pretenses; and (2) a National Driver Register Advisory Committee. Authorizes appropriations out of the Highway Account of the HTF to carry out highway and alcohol safety programs under the safety bonus provisions of this Act. Makes such funds available until expended and not subject to any obligation limitation for State and community highway safety programs. Requires the Secretary to establish: (1) national bridge inspection standards for the proper safety inspection and evaluation of all highway bridges; and (2) a program designed to train governmental employees to carry out highway bridge inspections. Bars the admission into evidence (or use for other purposes) in Federal or State court of reports and surveys compiled to identify, evaluate, or plan the safety enhancement of potential accident sites, hazardous roadway conditions, or railway-highway crossings, for the purpose of developing any highway safety construction improvement project which may be implemented utilizing Federal highway funds. Sets forth provisions regarding the use of automotive crash test dummies. Repeals the annual report requirement of the Highway Safety Act of 1966. Title III: Motor Carrier Act of 1991 - Motor Carrier Act of 1991 - Authorizes appropriations out of the Highway Account of the HTF for the Motor Carrier Safety Assistance Program and for the motor carrier safety functions of the FHWA. Prohibits States from enacting or enforcing laws denying reasonable access to commercial motor vehicles between the NHS and terminals, facilities for food, fuel, repairs, and rest, and points of loading and unloading for household good carriers and for any truck tractor-semitrailer combination in which the semitrailer has a length not to exceed 28 1/2 feet and which generally operates as part of a specified vehicle combination, with exceptions (but allows State or local governments to impose reasonable restrictions, based on safety considerations, on any such combination.) Bars States from establishing, maintaining, or enforcing any regulation of commerce which imposes a vehicle length limitation of less than 48 feet on the length of the semitrailer unit operating in a truck tractor-semitrailer combination, and of less than 28 feet on the length of any semitrailer and trailer operating in such a combination, on any segment of the NHS. Sets forth: (1) additional provisions with respect to semitrailer and trailer combinations, and truck tractors; and (2) NHS segment exemptions (and procedures), such as where the Governor of a State transmits to the Secretary notification of specific evidence of safety problems. Sets forth analogous provisions, limiting commercial motor vehicle width to 102 inches on NHS segments. Directs the Secretary: (1) within 12 months, to conduct a review of information systems utilized by one or more States or jurisdictions pertaining to the collection of and accounting for fees and taxes for vehicle registration, motor fuel use, or other purposes; (2) within 24 months, to establish an information system to serve as a clearinghouse and depository of information pertaining to the collection of and accounting for fees for registering commercial motor vehicles and taxes charged by States for motor fuel used by such vehicles, with the maintenance of the system to be supported by user fees; and (3) to establish standards to ensure uniform data collection and reporting by all States. Makes funds available for such purpose. Authorizes the Secretary to make grants to States: (1) for the development and implementation of a program to register and collect commercial motor vehicle fuel taxes according to standards established under this title; and (2) to carry out a project to demonstrate methods of linking safety fitness of the registrant or the motor carrier responsible for the operation of the commercial motor vehicle when registering such vehicle. Makes funds available for such purposes. Authorizes the Secretary to promulgate regulations barring States from registering commercial motor vehicles under the standards established under this title if the State or Secretary determines that the registrant or the motor carrier responsible for the operation of such vehicle has not demonstrated the safety fitness required to operate such vehicle. Authorizes and directs the Attorney General to institute a civil action for injunctive relief that may be appropriate to assure compliance with provisions under this title. Authorizes the court to issue specified injunctive relief as appropriate. Authorizes the Secretary to make grants to States (including the District of Columbia and the U.S. territories) for the development and implementation of programs for the enforcement of Federal rules, regulations, standards, and orders applicable to commercial motor vehicle safety, vehicle size and maximum weight, commercial motor vehicle awareness and enforcement, and compatible State rules, regulations, standards, and orders. Directs the Secretary to formulate procedures for a State to submit a plan where the State agrees to adopt, and assume responsibility for, enforcing such Federal rules. Sets forth requirements for State plans, including ensuring that the State will devote adequate resources for administering the plan and providing a right of entry and inspection to carry out the plan. Directs the Secretary to: (1) reject any State plan that does not provide that the aggregate expenditure of funds of the State and political subdivisions for commercial motor vehicle safety, drug awareness and enforcement, and size and weighing activities will be maintained at a level that does not fall below the average level of expenditures in such State for the last full fiscal year; (2) make a continuing evaluation of the manner in which each State is carrying out its State plan; and (3) withdraw approval under appropriate circumstances (subject to specified procedures and judicial review.) Authorizes the Secretary to reimburse a State up to 75 percent of the costs incurred by such State in the development and implementation of programs for the enforcement of such rules, regulations, standards, and orders, and up to 100 percent of such costs if the Secretary determines that such programs are particularly beneficial to all jurisdictions. Sets forth additional provisions with respect to deductions of funds for administration, allocation criteria, the availability, release, and reallocation of funds, obligation of funds, and payments to States. Prohibits States, political subdivisions, or interstate agencies from enacting or enforcing laws or rules relating to interstate or intrastate rates, routes, or services of any motor carrier providing transportation of passengers or property in interstate commerce, or the leasing, rental, or other sourcing of commercial drivers and motor vehicles by interstate motor carriers. Directs the Secretary to issue regulations to establish uniform standards for: (1) the registration of commercial motor vehicles; and (2) the collection and distribution of taxes charged by States for motor fuel used by such vehicles (which, at a minimum, provide for single base State collection with proportional sharing of the motor fuel taxes charged within the States where the commercial motor vehicle is operated, reciprocity among the agreeing States, and uniform, simplified tax reporting requirements). Bars any State from having in effect or enforcing a law or regulation which: (1) limits operation of any commercial motor vehicle within its borders by reason of such vehicle's not being registered in the State when it is registered in another State; and (2) imposes a tax upon the use of motor fuel by commercial motor vehicles, except as may be imposed upon the purchase of fuel within such State, unless the State is in compliance with the requirements established under this title. Authorizes the Secretary to promulgate regulations to establish uniform standards for the collection and distribution of taxes and fees exclusively associated with the purchase, use, and operation of commercial motor vehicles. Sets forth provisions regarding State vehicle size and weight limitations, including a formula for the maximum gross weight to be allowed by any State for vehicles using the IS. Repeals: (1) various provisions of the Surface Transportation Assistance Act of 1982, including provisions regarding grants for enforcement programs for commercial motor vehicle safety, length and width limitations, and access to the IS, as well as certain unobligated authorizations; and (2) provisions relating to required State registration of operating authority granted by the Interstate Commerce Commission (ICC). Revises Federal provisions with respect to the registration of motor carriers by a State to prohibit any State from requiring an interstate private or former motor carrier or interstate broker of property to prove the lawfulness of specified interstate transportation activity, such as requiring such carrier or broker to: (1) file and maintain a certificate or permit issued to such carrier or broker by the ICC; (2) register more vehicles operated under such a certificate or permit; (3) display or carry on any vehicle any means of identification evidencing the lawfulness of such transportation activity; or (4) pay a fee or a tax with respect to such activities. Title IV: Federal Mass Transportation Act of 1991 - Federal Mass Transportation Act of 1991 - Amends Federal law to rename the Urban Mass Transportation Administration of the Department of Transportation the Mass Transportation Administration. Amends the Urban Mass Transportation Act of 1964 (the Act) to make the following projects eligible to receive discretionary capital grants under the Act: (1) public highways (other than those functionally classified as local or rural minor collectors); (2) the deployment of innovative techniques and methods in the management and operation of public transportation services; and (3) mass transportation services to meet the special needs of elderly and handicapped persons. Authorizes the obligation of such grants for full funding contracts. Revises the eligibility criteria for discretionary capital grants or loans for construction of new fixed guideway systems to provide that such systems: (1) be based upon a thorough assessment of the feasibility of using a variety of innovative financing mechanisms as well as its overall capital plan; and (2) are included in a specified report. Authorizes appropriations for FY 1992 through 1996. Prohibits the Secretary of Transportation (Secretary) from approving an application for discretionary capital grants or loans for the construction of highway transportation projects unless an authorization is made for the fiscal year in which such application is being sought. Authorizes the Secretary to approve innovative highway-related and transit-related, immediate action, noncapital-intensive projects to help relieve congestion and transportation-related air quality problems in certain urbanized areas or projects in rural areas that respond to rural transportation problems through innovative approaches and strategies. Sets forth project requirements. Changes from 75 percent to no more than 60 percent of the Federal share for net costs of highway transportation projects, except for construction of a new fixed guideway system and extension to a fixed guideway system which shall be up to 50 percent of new project cost. Declares it is in the national interest to encourage and promote the development of transportation systems that will effectively serve the States and local communities. Directs the Secretary to cooperate with State and local officials in urbanized areas in the development of transportation programs which are based upon long-range land use plans and economical and environmental concerns, including their probable effect on the future development of the area. Requires a metropolitan planning organization to be designated in each urbanized area to develop a transportation improvement program. Authorizes the Secretary to contract for and make grants to States and local agencies, or enter into working agreements with other Federal agencies, for the planning, engineering, design, and evaluation of public transportation projects, and for other technical studies. Makes a specified amount of block grant transportation funds available based on a specified formula for expenditure in certain urbanized areas. Eliminates certain percentage requirements from such formula based grants. Requires recipients of such grants to assure that the proposed program of transportation projects provides for the maximum feasible coordination of public transportation services assisted under the Act with transportation services assisted by other Federal sources. Revises eligibility requirements with respect to such grants. Changes from 80 percent to no more than 60 percent the Federal share of net costs for construction of transportation projects, except for noncapital expenses which shall be 50 percent of net project cost. Authorizes the Secretary, in lieu of the Federal environmental review procedures under the National Environmental Policy Act of 1969, to approve projects by recipients of assistance under the Act who assume responsibilities for environmental review, decisionmaking, and other action that would apply to the Secretary if such projects were undertaken as Federal projects. Requires each recipient to submit a certain annual certification with respect to the approval of such projects. Includes research on transportation safety as a responsibility of each university transportation center established under the Act. Requires the Secretary to coordinate the research, education, training and technology transfer in such centers, the dissemination of the results of the research, and a clearinghouse between the centers and the transportation industry. Directs the Secretary to make grants to universities to establish three additional National Centers for Transportation Management, Research, and Development as a means to accelerate the involvement of minorities and women in transportation-related professions, particularly in the science, technology, and engineering disciplines. Authorizes the Secretary to make funds that are appropriated to the Department of Transportation for transportation research available to one or more of the centers for research that is compatible with the research conducted in such centers pursuant to authorizations under the Act or the HTF. Authorizes the Secretary to transfer facilities and equipment that are acquired by a recipient of Federal transportation funds and are no longer needed by the recipient to any public body to be used for any public purpose for no less than five years after such transfer. Sets forth specified determinations to be made by the Secretary with respect to the transfer of such assets for purposes other than for mass transportation. Requires funds that are available under the Act for public highway projects to be transferred to the FHWA. Requires construction employees who work on transportation construction projects in excess of $250,000 to be paid wages at rates not less than those prevailing on similar construction in the locality. Prohibits any person from dividing any project into contracts of $250,000 or less if such project would not have been divided but for avoiding such minimum wage rate requirement. Revises provisions of the Act relating to Federal transportation assistance for mass transportation projects that meet the special needs of elderly persons and individuals with disabilities. Changes from 95 percent to no more than 60 percent the Federal share of net costs for such projects. Authorizes the Governor of a State to allocate certain Federal transportation funds for construction of highway projects to certain urbanized areas. Requires the Secretary to evaluate the performance of each Governor in allocating such funds every three years. Limits the amount of formula based grants for transportation projects in nonurbanized areas that may be used for operating assistance. Changes from 80 percent to no more than 60 percent the Federal share of net costs for public transportation construction projects in nonurbanized areas. Makes public highways (other than those functionally classified as local or rural minor collectors) an eligible construction project to receive Federal transportation formula based grants for nonurbanized areas provided specified conditions are met. Authorizes States to transfer facilities and equipment acquired with such assistance to recipients eligible to receive assistance under this Act so long as such assets continue to be used for transportation purposes. Authorizes the Secretary to retain funds returned to him or her in connection with grants or contracts for human resources projects that involve public transportation. Authorizes appropriations from the Mass Transit Account of the HTF for FY 1992 through 1996 for mass transportation projects. Sets forth a formula for allocation of such funds. Authorizes the Secretary to issue regulations requiring as a condition to receiving mass transportation assistance that a recipient certify that it has established alcohol and drug abuse control and testing programs for itself or for its workers who are involved in safety sensitive functions. Prohibits the Secretary from using more than three-quarters of one percent (currently, one-half of one percent) of funds for mass transportation projects to contract with persons overseeing the construction of such projects. Earmarks one-third of the funds appropriated from the Mass Transit Account of the HTF for grants or contracts for mass transportation projects. Authorizes the Secretary to charge and retain fees, tuition, or other related amounts resulting from conferences, seminars, and training sessions for the development of transit technology. Authorizes the Secretary to establish a program of transit technology development. Directs the Secretary to establish an Industry Technical Panel consisting of representatives of transportation suppliers and operators and others involved in technology development to assist him or her in the identification of priority technology development areas and in establishing guidelines for project development, project cost sharing, and project execution. Allocates on a specified formula funds from the HTF for State and local transit cooperative research and planning programs. Title V: Highway Revenue Act of 1991 - Highway Revenue Act of 1991 - Extends for three years: (1) HTF taxes and related exemptions; and (2) HTF appropriations and authorizations. Makes amounts in the Highway Account of the HTF available for specified traffic safety and cost savings programs. Makes conforming amendments to the Land and Water Conservation Fund Act of 1965. Amends the Internal Revenue Code to: (1) reduce Federal gasoline, diesel and special motor fuels taxes; and (2) reduce the amount transferred by the Secretary of the Treasury to the Mass Transit Account as the mass transit portion of the amount appropriated to the HTF which are attributable to taxes under the Code imposed after March 31, 1983.
Bill· HRH.R. 1325 (102nd)open
United States · United States Congress · 7 March 1991
Rural Transportation Equity Act of 1991 - Amends the Urban Mass Transportation Act of 1964 to increase the amount allocated in any fiscal year for public transportation projects in non-urbanized areas. Redesignates the Urban Mass Transportation Administration of the Department of Transportation as the Mass Transportation Administration.
Bill· HRH.R. 1344 (102nd)referred
United States · United States Congress · 7 March 1991
Visual Pollution Control Act of 1991 - Authorizes (current law requires) reduction of Federal highway funds by up to five (currently, equal to ten) percent of apportioned funds for States that have not made provision for effective control of outdoor signs, displays, or devices (advertising) along Federal-aid highways. Requires, as part of effective control, that: (1) each State maintain an annual inventory of such advertising, identify such advertising as illegal, nonconforming, or conforming under State law, and assure that any prohibited advertising shall be removed; and (2) no State allow or undertake any vegetation removal or other alteration of the highway right-of-way to improve visibility of such advertising or permit modification of nonconforming advertising to improve its visibility or prolong its useful life. Prohibits any new advertising from being erected under Federal highway provisions after October 1, 1991, and treats advertising erected between such date and the effective date of this Act as nonconforming. Sets forth provisions with respect to the removal and acquisition of advertising and Federal participation in costs incurred by the State for such removal. Bars outdoor advertising by Federal agencies on public lands (excluding Indian lands and reservations) that fail to conform to regulations issued by the Federal agency with jurisdiction over, or responsibility for, such land. Requires such regulations to be at least as stringent as the requirements of the State in which the land is located.
Bill· SS. 570 (102nd)open
United States · United States Congress · 6 March 1991
National Energy Strategy Act - Title I: Residential, Commercial, and Federal Energy Use - Subtitle A: Consumer and Commercial Products - Amends the Energy Policy Conservation Act to expand the list of commercial products covered by the Act. Directs the Federal Trade Commission to prescribe labeling rules for such products. Prohibits the Secretary of Energy from prescribing energy conservation standards for certain electric lights or commercial products listed in the Act. Subtitle B: Federal Energy Management - Amends the National Energy Conservation Policy Act to authorize Federal agency participation in private sector energy demand management or application of conservation measures to Federal buildings. Title II: Natural Gas - Subtitle A: Natural Gas Pipeline Reform - Amends the Natural Gas Act to authorize the Federal Energy Regulatory Commission (FERC) to direct a natural-gas entity (pipeline) to interconnect physically with other facilities at the applicants expense, in order to receive natural gas from the other facilities for transportation in the pipeline. Declares that, for purposes of the National Environmental Policy Act of 1969, a FERC certification of public convenience and necessity with respect to a natural gas facility is the only major Federal action requiring a detailed environmental impact statement. Amends the Natural Gas Policy Act of 1978: (1) to authorize an interstate pipeline to construct facilities incidental to transportation service upon 30 days notice to the affected State commission; and (2) require FERC to authorize any interstate pipeline to transport natural gas on behalf of any person. Amends the Natural Gas Act to declare that a mutually agreed-upon natural gas transportation rate between a natural-gas company and its customer is deemed just and reasonable, and in compliance with such Act. Sets forth expedited certification procedures for natural gas transportation and related facilities construction. Provides for the construction and operation of natural gas transportation facilities with an option not to obtain a certificate of public convenience and necessity (thus taking such facility out of the Act's jurisdiction). Authorizes FERC to issue an order finding that if a natural-gas company's market is competitive and its transportation or sales services charges are not unduly discriminatory such charges are not subject to its jurisdiction. Subtitle B: Natural Gas Import/Export Deregulation - States that neither FERC nor a State may prohibit or condition the importation or exportation of natural gas or treat exported or imported natural gas differently from any other natural gas while it is within the United States. Authorizes the President to: (1) waive any law relating to natural gas importation or exportation upon finding that the national interest requires it; or (2) specify when such natural gas importation or exportation law is considered satisfied if the appropriate Federal or State agency has not taken final action. Subtitle C: Structural Reform of the Federal Energy Regulatory Commission - Amends the Department of Energy Organization Act to abolish FERC and establish within the Department of Energy the Natural Gas and Electricity Administration to be headed by an Administrator appointed by the President. Transfers to the Secretary of Energy the functions of the Federal Power Commission and FERC. Sets forth rulemaking procedures for rates and charges with respect to natural gas and electricity. Title III: Oil - Subtitle A: Alaska Coastal Plain Oil and Gas Leasing - Arctic Coastal Plain Competitive Oil and Gas Leasing Act - Directs the Secretary of the Interior (the Secretary) to establish and implement a competitive oil and gas leasing program on the Coastal Plain. Declares that this Act is the Secretary's sole legislative authority for authorizing and conducting such a program (whether competitive or noncompetitive). Requires the Secretary to issue regulations encompassing environmental protection of the Coastal Plain. Declares that the Department of the Interior's Legislative Environmental Impact statement is compatible and consistent with the major purposes and policies of the National Environmental Policy Act of 1969, and therefore no further environmental analysis or documentation is required for the issuance of regulations. Prescribes procedural guidelines for land lease sales on the Coastal Plain, and for exploration, development and production plans. Sets forth bonding requirements, and lease suspension and cancellation guidelines. Directs the Secretary to require lessees to unite with each other in collectively adopting and operating under a unit plan of development, including the construction of a common carrier pipeline to transport oil and gas to the exterior boundary of the Coastal Plan. Requires lessees and permittees to provide the Secretary with certain geological and geophysical data obtained from exploration or development activities. Sets forth remedies and penalties for violations of this Act. Directs the Secretary to report annually to the Congress about the leasing program. Repeals certain limitations applicable to subsurface interests owned by certain Alaskan corporations. Provides for expedited judicial consideration of any claims for relief by them. Directs the Secretary to promulgate environmental protection regulations which ensure that Coastal Plain activities will avoid significant adverse effects on fish and wildlife, their habitat, and the environment. Requires site-specific assessment and mitigation. Designates the Sadlerochit Spring Special Area as a special area for wildlife conservation and environmental protection. Authorizes the Secretary to exclude such area from leasing and to designate other Coastal Plain areas as special areas requiring protection. Directs the Secretary to prepare and periodically update a facilities construction and siting plan for oil and gas development and transportation. Authorizes the Secretary to grant rights-of-way and easements across the Coastal Plain in a manner that does not adversely affect fish, wildlife, and the environment. Requires the Secretary to conduct additional studies to monitor the human, marine, and coastal environments. Directs the Secretary to promulgate regulations providing for bi-annual facility inspections for compliance with environmental and safety regulations. Makes leaseholders fully responsible and liable for land reclamation within the Coastal Plan and other Federal lands adversely affected by lease activities. Requires establishment of the Coastal Plan Liability and Reclamation Fund within six months of a commercial discovery within the Coastal Plain. Directs the Secretary to collect fees based upon the crude oil volume leaving the Coastal Plain. Prescribes revenue collection and expenditure procedures. Mandates that oil and gas revenues be deposited into the Treasury. Subtitle B: Naval Petroleum Reserve Leasing - Naval Petroleum Reserve Leasing Act - Authorizes the Secretary of Energy (the Secretary) to lease Naval Petroleum Reserve Numbered 1 (California) if it is not necessary for national defense purposes. Sets forth leasing and antitrust guidelines. Mandates the use of competitive leasing procedures, minimum royalty payments, and crude oil set asides for sale to small refiners by Reserve lessees. Authorizes the Secretary to take certain steps to arrange and conduct a leasing action. Authorizes the Secretary to acquire privately owned lands or physical improvements within a Naval Petroleum Reserve if a lease of Naval Petroleum Reserve Numbered 1 cannot be arranged. Amends the Energy Policy and Conservation Act to authorize the Secretary to store within the Strategic Petroleum Reserve a Defense Petroleum Inventory of petroleum products (in addition to any other acquisition and storage for such Reserve required by law). Directs the Secretary to obligate the United States share of funds available in the Naval Petroleum Reserve Lease Proceeds Special Account (created by this Act) for the acquisition of 10,000,000 barrels of crude oil for the Defense Petroleum Inventory. Declares that upon request of the Secretary of Defense: (1) crude oil acquired for or dedicated to the Defense Petroleum Inventory shall be drawn down and distributed by the Secretary of Energy for the Department of Defense for use, sale, or exchange; and (2) the Secretary of Energy shall replace in the Defense Petroleum Inventory crude oil drawn down on behalf of the Department of Defense. Requires the Department of Defense to reimburse the Department of Energy for services rendered under this Act. Establishes the Naval Petroleum Reserve Lease Proceeds Special Account in the Treasury to implement this Act. Funds such Special Account with amounts realized from the lease of any United States interest in Naval Petroleum Reserve Numbered 1. Sets forth a payment scheme under which lease proceeds shall be used to make payments to the State of California. Declares that: (1) the authority to lease under this Act extends to specified sections within Naval Petroleum Reserve Numbered 1; and (2) this Act does not affect the withdrawal of lands provided for in certain school land grants. Subtitle C: Oil Pipeline Deregulation - Oil Pipeline Regulatory Reform Act - Amends the Department of Energy Organization Act to terminate FERC jurisdiction over oil and other pipelines except the Trans-Alaska Pipeline. Authorizes the Attorney General to petition the Secretary of Energy (the Secretary) for an adjudication of whether FERC rate regulation of an existing pipeline in any market is in the public interest. Prescribes adjudication guidelines. Provides that pipeline rates for service to markets which are not identified in a mandatory published adjudications list will no longer be subject to FERC regulatory jurisdiction. Prescribes adjudication guidelines under which the Secretary shall find that regulation of a pipeline is in the public interest only if it is demonstrated that such regulation is necessary to constrain the exercise of substantial market power in the supply and demand of products transported by the pipeline in that market. States that new pipelines shall not be subject to existing Commission regulatory jurisdiction or rate regulation, but shall be subject to common carrier regulation under such Act. States that Commission rate regulation shall be prospective only. Prohibits terminated Commission regulatory jurisdiction from reverting to any other Federal agency. Confers exclusive, original jurisdiction over any petition for judicial review upon the U.S. Court of Appeals for the District of Columbia Circuit. Precludes from such judicial review any action of the Attorney General under this Act, including adjudication petitions. Outlines the parameters within which pipelines are required to operate as common carriers. Requires pipelines to file terms of carriage schedules (except carriage rates) with the Commission. Sets forth guidelines for maximum FERC rates on a market by market basis, subject to price cap regulation based on base rates and cumulative changes in a Competitive Pipeline Price Index. Precludes a pipeline from conditioning its services upon entering into other transactions or on taking or refraining from any action. Requires the Secretary to report to the Congress regarding the results of this Act five years after the conclusion of all adjudications. Retains the applicability of antitrust laws to pipeline transportation of crude oil or refined oil products. Title IV: Electricity Generation and Use - Subtitle A: Public Utility Holding Company Act Reform - Sets forth regulatory guidelines for exempt wholesale generators and qualifying facilities. Subtitle B: Power Marketing Administration Repayment Reform - Power Marketing Administration Timely Payment Act - Mandates that each power marketing administration provide for timely repayment to the Treasury of principal and interest for power investments. Prescribes repayment guidelines. Title V: Nuclear Power - Subtitle A: Licensing Reform - Amends the Atomic Energy Act of 1954 to provide procedural guidelines for issuance by the Nuclear Regulatory Commission (NRC) of a combined construction and operating license. Mandates that such combined license applications include a State, local, or utility emergency plan. Requires the NRC to propose implementing regulations under this Act within one year of its enactment. Subtitle B: Nuclear Waste Management - Amends the Nuclear Waste Policy Act of 1982 to declare that, for purposes of site characterization activities, the appropriate Federal agency shall administer the pertinent rules and regulations without regard to whether such administration has been or could be, delegated to a State or superseded by comparable State law. Declares State, local or tribal laws inapplicable to site characterization activities under this Act. Directs the Secretary to implement site characterization activities in spite of any refusal by either State, local or tribal authorities to act upon requested authorizations to proceed with related site characterization activities. Sets forth a 60-day deadline within which actions to contest the constitutionality of this Act must be brought. Prohibits a court from enjoining site characterization activities in such actions except as part of a final judgment. Title VI: Renewable Energy - Subtitle A: PURPA Size Cap and Co-Firing Reform - Amends the Public Utility Regulatory Policies Act of 1978 (PURPA) to direct FERC to prescribe rules requiring electric utilities to offer to purchase electric capacity from alternative power production facilities only through competitive acquisition. Makes alternative power production facilities eligible for exemptions from PURPA, the Federal Power Act, and State law if they meet certain requirements. Subtitle B: Hydroelectric Power Regulatory Reform - Amends the Federal Power Act to include as part of the hydroelectric power licensing procedure an applicant's plan concerning studies to be undertaken in connection with the licensing process, and a summary of the applicant's consultation activities with Federal and State agencies and Indian tribes. Sets forth guidelines for additional licensing procedures. Directs FERC to coordinate a single, consolidated licensing review (including review under the National Environmental Policy Act of 1969) of a hydropower project license application that is subject to Federal, State, or Indian tribal review. Removes from FERC jurisdiction hydropower projects with installed capacities of five megawatts or less that have not received a license by the date of enactment of this Act. Title VII: Alternative Fuel: Subtitle A: Alternative and Dual Fuel Vehicle Credits - Amends the Motor Vehicle Information and Cost Savings Act to eliminate limits on the credit toward complying with the corporate average fuel economy (CAFE) standards available to manufacturers for the production of light duty alternative fuel vehicles and certain dual fuel vehicles. Subtitle B: Alternative Transportation Fuels - Sets forth acquisition and credit allocation guidelines for alternative fuel vehicles. Requires persons who own or otherwise control a fleet of motor vehicles of different types and sizes to make a specified percentage of annual vehicle acquisitions alternative fuel vehicles. Prescribes civil and administrative penalties for noncompliance with this Act. Title VIII: Innovation and Technology Transfer - Amends the Stevenson-Wydler Technology Innovation Act of 1980 to allow each Federal agency to: (1) secure copyright on behalf of the United States in any computer software prepared in whole or in part by U.S. employees under a cooperative research and development agreement or other authority, notwithstanding provisions of Federal copyright law; and (2) grant in advance to a collaborating party licenses or assignments for the copyrights, or options thereto, retaining specified rights. Adds references to software and its author to provisions governing the distribution of royalties received by Federal agencies.
Bill· SS. 579 (102nd)referred
United States · United States Congress · 6 March 1991
Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 - Title I: Department of State - Part A: Authorization of Appropriations; Allocations of Funds; Restrictions - Authorizes appropriations for FY 1992 and 1993 for the Department of State for: (1) administration of foreign affairs; (2) the diplomatic security program; (3) international organizations and conferences; (4) international commissions; (5) migration and refugee assistance; (6) bilateral science and technology agreements; (7) Soviet-East European research and training; and (8) the Asia Foundation. Part B: Department of State Authorities and Activities - Sets forth congressional findings concerning the organization of the Department of State. Repeals provisions of the Foreign Assistance Act of 1961 that provide for the establishment of an Assistant Secretary of State for Human Rights and Humanitarian Affairs. Repeals provisions of the Immigration and Nationality Act that provide for the creation of the Bureau of Consular Affairs. Repeals a provision of the Department of State Appropriations Authorization Act of 1973 that provides for the establishment of the Bureau of Oceans and International Environmental and Scientific Affairs. Repeals provisions of the State Department Basic Authorities Act of 1956 that provide for the establishment of an Office of the Coordinator for International Communications and Information Policy. Amends the Foreign Service Buildings Act, 1926 to authorize the Secretary of State, subject to certain conditions, to enter into a contract for the acquisition of property and construction of diplomatic facilities in Moscow on a multiyear (not to exceed five years) basis when appropriations are available. Permits the cancellation of such contract when funds are not appropriated or available. Authorizes the Department of State to make advance payments for long-term leases and lease-purchase agreements when such payments serve the interest of carrying out the Foreign Service Buildings Act, 1926. Requires the Secretary to establish a threshold (currently, $25,000) at which leases must be approved under such Act. Amends the State Department Basic Authorities Act of 1956 to authorize the transfer into the Buying Power Maintenance Account of unobligated balances from accounts for the administration of foreign affairs. Prohibits the balance of the Account from exceeding $100 million. Permits funds appropriated for the Department of State in any account funded in the Department of State Appropriations Act to be transferred to any other appropriations account. Prohibits an account from being increased by more than 35 percent (ten percent for the salaries and expenses account and the acquisition of foreign buildings account) through such a transfer. Prohibits, unless the House Committee on Foreign Affairs and the Senate Committee on Foreign Relations are notified, the reprogramming of Department of State funds in excess of $500,000 (currently, $250,000). Permits funds appropriated to the Department of State to be obligated and expended without prior notification to the Congress in emergency situations. Authorizes the Secretary to expend funds in the Foreign Service Buildings Fund without prior notification to the Congress so long as: (1) total reprogramming actions do not exceed 15 percent of funds available in such Fund for any fiscal year; (2) no new programs or capital projects are undertaken which have not been presented to the Congress; and (3) the Secretary reports quarterly to the Congress on reprogramming activities. Redesignates the Office of Munitions Control of the Department of State as the Office of Defense Trade Controls and increases the amount of registration fees collected by the Office that is required to be credited to a Department of State account. Authorizes the Secretary to pay the expenses of any international meeting or conference for which the United States serves as the host. Repeals a provision of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 that expands model foreign language competence posts. Amends the State Department Basic Authorities Act of 1956 to extend the authorization of appropriations for grants to child care facilities at certain posts abroad. Increases the amount authorized to be made available for the construction of Foreign Service Institute training facilities. Authorizes the Secretary to use funds to: (1) pay obligations arising under international agreements, conventions, and binational contracts; and (2) purchase special purpose passenger vehicles without regard to price limitations. Permits the Secretary to make payments in advance of the share of expenses for international fisheries commissions. Part C: Diplomatic Reciprocity and Security - Amends the Omnibus Diplomatic Security and Antiterrorism Act of 1986 to raise the threshold (from $5,000,000 to $10,000,000) on diplomatic construction or design projects on which only U.S. persons may bid. Amends the State Department Basic Authorities Act of 1956 to authorize special agents of the Department of State and Foreign Service to make arrests without warrants for any offenses against the United States committed in their presence. Part D: Personnel - Amends the Foreign Service Act of 1980 to permit members of the Senior Foreign Service who are appointed to positions in the executive branch to continue to receive the Foreign Service salary, performance pay, and leave in lieu of the salary and leave of the appointed position. Revises provisions concerning the salaries of chiefs of mission. Defines as an "employee," for purposes of provisions governing civil service retirement, life insurance, and health insurance, an individual employed by an international organization who has deposited required employee deductions. Amends provisions concerning the Federal Employees' Retirement System (FERS) and the Foreign Service Pension System (FSPS) and the Internal Revenue Code and the Social Security Act to deem as self-employed for purposes of social security coverage Federal employees who leave positions in which they are subject to social security employment taxes for employment in international organizations abroad (these amendments provide for continuation by such persons in FERS or FSPS). Grants employee contributions to the Thrift Savings Fund preferential tax treatment as long as such contributions are submitted to the agency from which the employee is transferred by the international organization. Amends the State Department Basic Authorities Act of 1956 to grant access to commissaries to American citizens hired to serve as teaching staff for dependents of Federal employees abroad. Amends the Foreign Service Act of 1980 to extend the period of temporary storage of personal effects of Foreign Service employees for an additional three months in extraordinary circumstances. Authorizes the Secretary to pay for the transport of the remains of a Foreign Service member to the designated home in the United States if the death of such member occurs in the United States. (Current law authorizes payment only for the transport of the remains of a member or family member who dies while abroad or in travel status.) Provides for payment for up to 60 days to Federal employees whose families or dependents are required to evacuate a post (even if the employee remains at such post). Revises Federal provisions regarding quarters, education, and cost of living allowances for Federal employees stationed in foreign countries. Includes Foreign Service national employees of the U.S. Government abroad in the definition of "employee" for purposes of applying Federal employee provisions concerning voluntary transfers of leave. Part E: Modifications to Other Laws - Repeals provisions of specified laws concerning: (1) a prohibition on denying requests by the Drug Enforcement Administration for danger pay allowances; (2) the assignment of U.S. officers and staff to the U.S. Mission to the European Community in Brussels, Belgium; (3) employment of commercial personnel at the American Institute of Taiwan; (4) the stationing of an Agency for International Development professional in the consulate in Jerusaleum or the embassy in Tel Aviv, Israel; (5) a travel advisory warning for Jalisco, Mexico; and (6) the closing of, and funding for, specified diplomatic and U.S. Information Agency posts. Part F: International Organizations - Repeals provisions of specified Acts concerning the U.S. contribution to the International Committee of the Red Cross. Authorizes the President to withhold 20 percent of the funds appropriated for the U.S. contribution to the United Nations if the United Nations has failed to implement decision-making procedures on budgetary matters which assure that attention is paid to the views of the United States and other major financial contributors. Permits payments of assessed contributions for prior years to the United Nations if such payment would further U.S. interests in such organization. Removes a limit on the amount authorized to be appropriated annually for U.S. membership in the Permanent Association of International Road Congresses. Amends the American-Mexican Treaty Act of 1950 to authorize funds to be made available for entertainment and representation expenses of the U.S. section of the International Boundary and Water Commission. Repeals a provision of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 that requires the Secretary to report on the status of secondment within the United Nations by the Soviet Union and Soviet-bloc member nations. Part G: Japan-United States Friendship Commission - Amends the Japan-United States Friendship Act to revise provisions concerning administrative expenses of the Japan-United States Friendship Commission.
Bill· HRH.R. 1301 (102nd)open
United States · United States Congress · 6 March 1991
National Energy Strategy Act - Title I: Residential, Commercial, and Federal Energy Use - Subtitle A: Consumer and Commercial Products - Amends the Energy Policy Conservation Act to expand the list of commercial products covered by the Act. Directs the Federal Trade Commission to prescribe labeling rules for such products. Prohibits the Secretary of Energy from prescribing energy conservation standards for certain electric lights or commercial products listed in the Act. Subtitle B: Federal Energy Management - Amends the National Energy Conservation Policy Act to authorize Federal agency participation in private sector energy demand management or application of conservation measures to Federal buildings. Title II: Natural Gas - Subtitle A: Natural Gas Pipeline Reform - Amends the Natural Gas Act to authorize the Federal Energy Regulatory Commission (FERC) to direct a natural-gas entity (pipeline) to interconnect physically with other facilities, at the applicants expense, in order to receive natural gas from the other facilities for transportation in the pipeline. Declares that for purposes of the National Environmental Policy Act of 1969, a FERC certification of public convenience and necessity with respect to a natural gas facility is the only major Federal action requiring a detailed environmental impact statement. Amends the Natural Gas Policy Act of 1978 to: (1) authorize an interstate pipeline to construct facilities incidental to transportation service upon 30 days notice to the affected State commission; and (2) require FERC to authorize any interstate pipeline to transport natural gas on behalf of any person. Amends the Natural Gas Act to declare that a mutually agreed-upon natural gas transportation rate between a natural-gas company and its customer is deemed just and reasonable, and in compliance with such Act. Sets forth expedited certification procedures for natural gas transportation and related facilities construction. Provides for the construction and operation of natural gas transportation facilities with an option not to obtain a certificate of public convenience and necessity (thus taking such facility out of the jurisdiction of the Act.) Authorizes FERC to issue an order finding that if a natural-gas company's market is competitive and its transportation or sales services charges are not unduly discriminatory such charges are not subject to its jurisdiction. Subtitle B: Natural Gas Import/Export Deregulation - States that neither FERC nor a State may prohibit or condition the importation or exportation of natural gas or treat exported or imported natural gas differently from any other natural gas while it is within the United States. Authorizes the President to: (1) waive any law relating to natural gas importation or exportation upon finding that the national interest requires it; or (2) specify when such natural gas importation or exportation law is considered satisfied if the appropriate Federal or State agency has not taken final action. Subtitle C: Structural Reform of the Federal Energy Regulatory Commission - Amends the Department of Energy Organization Act to abolish FERC and establish within the Department of Energy the Natural Gas and Electricity Administration to be headed by an Administrator appointed by the President. Transfers to the Secretary of Energy the functions of the Federal Power Commission and FERC. Sets forth rulemaking procedures for rates and charges with respect to natural gas and electricity. Title III: Oil - Subtitle A: Alaska Coastal Plain Oil and Gas Leasing - Arctic Coastal Plain Competitive Oil and Gas Leasing Act - Directs the Secretary of the Interior (the Secretary) to establish and implement a competitive oil and gas leasing program on the Coastal Plain. Declares that this Act is the Secretary's sole legislative authority for authorizing and conducting such a program (whether competitive or noncompetitive). Requires the Secretary to issue regulations encompassing environmental protection of the Coastal Plain. Declares that the Department of the Interior's Legislative Environmental Impact statement is compatible and consistent with the major purposes and policies of the National Environmental Policy Act of 1969, and therefore no further environmental analysis or documentation is required for the issuance of regulations. Prescribes procedural guidelines for land lease sales on the Coastal Plain, and for exploration, development and production plans. Sets forth bonding requirements, and lease suspension and cancellation guidelines. Directs the Secretary to require lessees to unite with each other in collectively adopting and operating under a unit plan of development, including the construction of a common carrier pipeline to transport oil and gas to the exterior boundary of the Coastal Plan. Requires lessees and permittees to provide the Secretary with certain geological and geophysical data obtained from exploration or development activities. Sets forth remedies and penalties for violations of this Act. Directs the Secretary to report annually to the Congress about the leasing program. Repeals certain limitations applicable to subsurface interests owned by certain Alaskan corporations. Provides for expedited judicial consideration of any claims for relief by them. Directs the Secretary to promulgate environmental protection regulations which ensure that Coastal Plain activities will avoid significant adverse effects on fish and wildlife, their habitat, and the environment. Requires site-specific assessment and mitigation. Designates the Sadlerochit Spring Special Area as a special area for wildlife conservation and environmental protection. Authorizes the Secretary to exclude such area from leasing and to designate other Coastal Plain areas as special areas requiring protection. Directs the Secretary to prepare and periodically update a facilities construction and siting plan for oil and gas development and transportation. Authorizes the Secretary to grant rights-of-way and easements across the Coastal Plain in a manner that does not adversely affect fish, wildlife, and the environment. Requires the Secretary to conduct additional studies to monitor the human, marine, and coastal environments. Directs the Secretary to promulgate regulations providing for bi-annual facility inspections for compliance with environmental and safety regulations. Makes leaseholders fully responsible and liable for land reclamation within the Coastal Plan and other Federal lands adversely affected by lease activities. Requires establishment of the Coastal Plain Liability and Reclamation Fund within six months of a commercial discovery within the Coastal Plain. Directs the Secretary to collect fees based upon the crude oil volume leaving the Coastal Plain. Prescribes revenue collection and expenditure procedures. Mandates that oil and gas revenues be deposited into the Treasury. Subtitle B: Naval Petroleum Reserve Leasing - Naval Petroleum Reserve Leasing Act - Authorizes the Secretary of Energy (the Secretary)) to lease Naval Petroleum Reserve Numbered 1 (California) if it is not necessary for national defense purposes. Sets forth leasing and antitrust guidelines. Mandates the use of competitive leasing procedures, minimum royalty payments, and crude oil set asides for sale to small refiners by Reserve lessees. Authorizes the Secretary to take certain steps to arrange and conduct a leasing action. Authorizes the Secretary to acquire privately owned lands or physical improvements within a Naval Petroleum Reserve if a lease of Naval Petroleum Reserve Numbered 1 cannot be arranged. Amends the Energy Policy and Conservation Act to authorize the Secretary to store within the Strategic Petroleum Reserve a Defense Petroleum Inventory of petroleum products (in addition to any other acquisition and storage for such Reserve required by law). Directs the Secretary to obligate the United States share of funds available in the Naval Petroleum Reserve Lease Proceeds Special Account (created by this Act) for the acquisition of 10,000,000 barrels of crude oil for the Defense Petroleum Inventory. Declares that upon request of the Secretary of Defense: (1) crude oil acquired for or dedicated to the Defense Petroleum Inventory shall be drawn down and distributed by the Secretary of Energy for the Department of Defense for use, sale, or exchange; and (2) the Secretary of Energy shall replace in the Defense Petroleum Inventory crude oil drawn down on behalf of the Department of Defense. Requires the Department of Defense to reimburse the Department of Energy for services rendered under this Act. Establishes the Naval Petroleum Reserve Lease Proceeds Special Account in the Treasury to implement this Act. Funds such Special Account with amounts realized from the lease of any United States interest in Naval Petroleum Reserve Numbered 1. Sets forth a payment scheme under which lease proceeds shall be used to make payments to the State of California. Declares that: (1) the authority to lease under this Act extends to specified sections within Naval Petroleum Reserve Numbered 1; and (2) this Act does not affect the withdrawal of lands provided for in certain school land grants. Subtitle C: Oil Pipeline Deregulation - Oil Pipeline Regulatory Reform Act - Amends the Department of Energy Organization Act to terminate FERC jurisdiction over oil and other pipelines except the Trans-Alaska Pipeline. Authorizes the Attorney General to petition the Secretary of Energy (the Secretary) for an adjudication of whether FERC rate regulation of an existing pipeline in any market is in the public interest. Prescribes adjudication guidelines. Provides that pipeline rates for service to markets which are not identified in a mandatory published adjudications list will no longer be subject to FERC regulatory jurisdiction. Prescribes adjudication guidelines under which the Secretary shall find that regulation of a pipeline is in the public interest only if it is demonstrated that such regulation is necessary to constrain the exercise of substantial market power in the supply and demand of products transported by the pipeline in that market. States that new pipelines shall not be subject to existing Commission regulatory jurisdiction or rate regulation, but shall be subject to common carrier regulation under such Act. States that Commission rate regulation shall be prospective only. Prohibits terminated Commission regulatory jurisdiction from reverting to any other Federal agency. Confers exclusive, original jurisdiction over any petition for judicial review upon the U.S. Court of Appeals for the District of Columbia Circuit. Precludes from such judicial review any action of the Attorney General under this Act, including adjudication petitions. Outlines the parameters within which pipelines are required to operate as common carriers. Requires pipelines to file terms of carriage schedules (except carriage rates) with the Commission. Sets forth guidelines for maximum FERC rates on a market by market basis, subject to price cap regulation based on base rates and cumulative changes in a Competitive Pipeline Price Index. Precludes a pipeline from conditioning its services upon entering into other transactions or on taking or refraining from any action. Requires the Secretary to report to the Congress regarding the results of this Act five years after the conclusion of all adjudications. Retains the applicability of antitrust laws to pipeline transportation of crude oil or refined oil products. Title IV: Electricity Generation and Use - Subtitle A: Public Utility Holding Company Act Reform - Sets forth regulatory guidelines for exempt wholesale generators and qualifying facilities. Subtitle B: Power Marketing Administration Repayment Reform - Power Marketing Administration Timely Payment Act - Mandates that each power marketing administration provide for timely repayment to the Treasury of principal and interest for power investments. Prescribes repayment guidelines. Title V: Nuclear Power - Subtitle A: Licensing Reform - Amends the Atomic Energy Act of 1954 to provide procedural guidelines for issuance by the Nuclear Regulatory Commission (NRC) of a combined construction and operating license. Mandates that such combined license applications include a State, local, or utility emergency plan. Requires the NRC to propose implementing regulations under this Act within one year of its enactment. Subtitle B: Nuclear Waste Management - Amends the Nuclear Waste Policy Act of 1982 to declare that, for purposes of site characterization activities, the appropriate Federal agency shall administer the pertinent rules and regulations without regard to whether such administration has been or could be, delegated to a State or superseded by comparable State law. Declares State, local or tribal laws inapplicable to site characterization activities under this Act. Directs the Secretary to implement site characterization activities in spite of any refusal by either State, local or tribal authorities to act upon requested authorizations to proceed with related site characterization activities. Sets forth a 60-day deadline within which actions to contest the constitutionality of this Act must be brought. Prohibits a court from enjoining site characterization activities in such actions except as part of a final judgment. Title VI: Renewable Energy - Subtitle A: PURPA Size Cap and Co-Firing Reform - Amends the Public Utility Regulatory Policies Act of 1978 (PURPA) to direct FERC to prescribe rules requiring electric utilities to offer to purchase electric capacity from alternative power production facilities only through competitive acquisition. Makes alternative power production facilities eligible for exemptions from PURPA, the Federal Power Act, and State law if they meet certain requirements. Subtitle B: Hydroelectric Power Regulatory Reform - Amends the Federal Power Act to include as part of the hydroelectric power licensing procedure an applicant's plan concerning studies to be undertaken in connection with the licensing process, and a summary of the applicant's consultation activities with Federal and State agencies and Indian tribes. Sets forth guidelines for additional licensing procedures. Directs FERC to coordinate a single, consolidated licensing review (including review under the National Environmental Policy Act of 1969) of a hydropower project license application that is subject to Federal, State, or Indian tribal review. Removes from FERC jurisdiction hydropower projects with installed capacities of five megawatts or less that have not received a license by the date of enactment of this Act. Title VII: Alternative Fuel: Subtitle A: Alternative and Dual Fuel Vehicle Credits - Amends the Motor Vehicle Information and Cost Savings Act to eliminate limits on the credit toward complying with the corporate average fuel economy (CAFE) standards available to manufacturers for the production of light duty alternative fuel vehicles and certain dual fuel vehicles. Subtitle B: Alternative Transportation Fuels - Sets forth acquisition and credit allocation guidelines for alternative fuel vehicles. Requires persons who own or otherwise control a fleet of motor vehicles of different types and sizes to make a specified percentage of their annual vehicle acquisitions alternative fuel vehicles. Prescribes civil and administrative penalties for noncompliance with this Act. Title VIII: Innovation and Technology Transfer - Amends the Stevenson-Wydler Technology Innovation Act of 1980 to allow each Federal agency to: (1) secure copyright on behalf of the United States in any computer software prepared in whole or in part by U.S. employees under a cooperative research and development agreement or other authority, notwithstanding provisions of Federal copyright law; and (2) grant in advance to a collaborating party licenses or assignments for the copyrights, or options thereto, retaining specified rights. Adds references to software and its author to provisions governing the distribution of royalties received by Federal agencies. Title IX: Tax Incentives - Amends the Internal Revenue Code to postpone from December 31, 1991, to December 31, 1992, the termination date for energy investment tax credits. Repeals the termination dates (thus making permanent) for the credit for increasing research activities, including the credit for clinical testing expenses for certain drugs for rare diseases or conditions (orphan drugs).
Bill· SS. 562 (102nd)referred
United States · United States Congress · 5 March 1991
Authorizes appropriations for FY 1992 through 1996 out of the Highway Account of the Highway Trust Fund for: (1) interstate highway construction, resurfacing, restoring, rehabilitation, and reconstruction; (2) the Federal-aid primary system; (3) the Federal-aid secondary system; (4) the Federal-aid urban system; and (5) bridge construction and rehabilitation projects. Directs the Secretary of Transportation to apportion sums authorized by this Act among the States in the ratio of each State's apportionments for Federal-aid highway programs to the total apportionments for all States during FY 1991. Makes specified percentages of unobligated funds for FY 1992 available in FY 1992 through 1996. Specifies that there shall be no obligation limitation for Federal-aid highway and highway safety construction programs for such fiscal years except as established in this Act.
Bill· SS. 553 (102nd)referred
United States · United States Congress · 5 March 1991
Enterprise for the Americas Initiative Act of 1991 - Title I: Provisions Relating to the Enterprise for the Americas Investment Fund at the Inter-American Development Bank - Authorizes the Secretary of the Treasury to contribute a grant to the Enterprise for the Americas Investment Fund to be administered by the Inter-American Development Bank (IDB). Authorizes appropriations. Requires the Fund to: (1) provide grants to advance market-oriented policy initiatives and reforms to encourage investment in Latin America and the Caribbean; and (2) finance technical assistance for privatizing government-owned industries, enterprise development and business infrastructure, and worker training and education programs. Permits the Secretary to seek contributions to the Fund from other countries. Title II: Enterprise for the Americas Facility - Establishes in the Department of the Treasury the Enterprise for the Americas Facility to support improvement in the lives of the people of Latin America and the Caribbean through market-oriented reforms and economic growth with actions to promote debt reduction, investment reforms, trade liberalization, and community based conservation and sustainable use of the environment. Makes eligible for Facility benefits Latin American or Caribbean countries that: (1) have in effect, received approval for, or are making progress toward, specified International Monetary Fund arrangements and structural or sectoral adjustment loans from the International Bank for Reconstruction and Development or the International Development Association; (2) have put in place major investment reforms in conjunction with an IDB loan or are implementing or making progress toward an open investment regime; and (3) have agreed with commercial bank lenders on a financing program for debt or debt service reduction. Title III: Debt Reduction - Authorizes the President to reduce the amount owed to the United States (as a result of concessional loans made pursuant to the Foreign Assistance Act of 1961 or predecessor foreign economic assistance legislation) by any country eligible for Facility benefits. Declares that this title may be exercised notwithstanding provisions of the Foreign Assistance Act of 1961 and the International Development and Food Assistance Act of 1975 concerning repayments of loans outstanding after September 19, 1966, and the settlement of debts owed to the United States. Sets forth requirements with respect to the exchange of obligations, repayment of principal, and interest on new obligations issued by beneficiary countries. Title IV: Enterprise for the Americas Environmental Funds - Requires beneficiary countries that enter into Environmental Framework Agreements to establish Enterprise for the Americas Environmental Funds. Authorizes the President to enter into Environmental Framework Agreements concerning the operation and use of Environmental Funds with countries eligible for Facility benefits. Directs administering bodies in each beneficiary country to administer the Environmental Funds and to make grants for environmental activities. Requires grants from the Funds to be used for activities that link the conservation and sustainable use of natural resources with local community development. Subjects grants of more than $100,000 to veto by the U.S. Government or the government of the beneficiary country. Establishes an Environment for the Americas Board to: (1) advise the Secretary on the negotiations of Environmental Framework Agreements; (2) ensure that a suitable administering body is identified for each Environmental Fund; and (3) review the programs, operations, and fiscal audits of administering bodies. Declares that the President should: (1) encourage other official creditors of beneficiary countries whose debt is reduced under this Act to provide debt reduction to such countries; and (2) ensure that Environmental Funds are able to receive donations from private and public entities and private creditors of beneficiary countries. Title V: Sales, Reductions, or Cancellations of Loans or Assets - Authorizes the President to: (1) sell to any eligible purchaser any loan of an eligible country made pursuant to the Export-Import Bank Act of 1945; (2) sell to any eligible purchaser any asset acquired by the Commodity Credit Corporation in connection with export sales to an eligible country or specified export credit guarantee programs; and (3) reduce or cancel any loans or assets made or acquired before 1991 upon receipt of payment from an eligible purchaser. Permits loans or assets to be sold only to purchasers who present plans to the President for using such loans or assets to engage in debt-for-equity, debt-for-development, or debt-for-nature swaps. Authorizes loans or assets to be reduced or canceled only for purposes of facilitating such swaps. Title VI: Reports - Directs the President to report annually to the Speaker of the House and the President of the Senate on the Facility.
Bill· SS. 540 (102nd)referred
United States · United States Congress · 5 March 1991
Federal Rural Tourism and Recreational Development Act of 1991 - Declares it a national goal to improve and provide safe access to public lands to encourage the development of travel and tourism opportunities in support of rural area economic development. Authorizes the use of funds under the Federal lands highways program for purposes such as: (1) transportation planning for tourism and recreational travel; (2) interpretive signage; (3) development of public road facilities for areas of historical, archeological, cultural, and scenic interests; and (4) construction and reconstruction of roadside rest areas. Specifies that funds available for forest development roads and trails also be made available for such purposes. Requires the Secretary to authorize Federal aid highway projects for pedestrian and bicycle facilities to encourage alternative modes of transportation for tourism and recreational purposes. Authorizes the motorized use of trails and walkways, subject to State and local regulations. (Under current law, motorized vehicles are prohibited except for maintenance purposes and, when snow conditions and State or local regulations permit, snowmobiles.) Directs the Secretary to: (1) annually allocate sums authorized to be appropriated for access highways to public recreation areas on certain lakes; and (2) establish and carry out a tourism and recreational travel technical assistance program in non-urbanized areas. Requires that each State using funds provided in this Act have a multipurpose land use statewide driving and recreation travel plan. Authorizes appropriations.
Bill· SS. 539 (102nd)referred
United States · United States Congress · 5 March 1991
Amends Federal law to authorize States to assess a tax or fee on motor carriers operating vehicles registered in another State only if: (1) the tax or fee is apportioned based on miles driven in the State or on some other equitable measure of such carrier's or vehicle's contact with such State; (2) the tax or fee does not discriminate against interstate commerce; (3) the tax or fee is related to the services provided to the carrier or vehicle; and (4) the activity with respect to which the tax or fee is being assessed has a substantial nexus with the State. Authorizes a State to require an interstate motor carrier to register vehicles the carrier intends to operate within the State and collect a registration tax or fee. Authorizes States to require interstate motor carriers to report the fuel used by its vehicles within such State and to pay a related tax or fee. Prohibits any State, except Hawaii and Alaska, from requiring registration or fuel use reports, or imposing related taxes or fees, on or after December 31, 1992 (registration) and 1996 (fuel use reports), unless it is a member of the International Registration Plan or the International Fuel Tax Agreement. Prohibits a local government from assessing a tax or fee on a motor carrier if the carrier's only business activity within the local government jurisdiction is: (1) the delivery or pickup of property; (2) the use of streets or roads; or (3) the solicitation, sale, or advertising of transportation services by a motor carrier not domiciled in such jurisdiction. Prohibits a State from assessing a tax or fee (except for vehicle registration, fuel tax reporting, and direct highway use) on a motor carrier if the carrier's only business activity in the State is to transport fully or partially loaded or empty vehicles through the State. Grants Federal district courts concurrent jurisdiction to prevent violations of this Act. Provides for: (1) injunctive relief to enforce this Act; and (2) refund to carriers of any moneys paid to a State in violation of this Act.
Bill· HRH.R. 1274 (102nd)referred
United States · United States Congress · 5 March 1991
Changes the percentage of total apportionments of funds allocated to a State from the Highway Trust Fund in specified fiscal years from 85 percent to 95 percent of the percentage of estimated tax payments paid into such Fund which are attributable to highway users in such State in the latest fiscal year for which data is available.
Bill· HRH.R. 1276 (102nd)referred
United States · United States Congress · 5 March 1991
Highway Infrastructure Protection Act of 1991 - Prohibits the receipts and disbursements of the Highway Trust Fund (for both the Federal aid highway program and the Mass Transit Account) which are allocable to the transportation-related operations of such Fund from being included in either the Federal budget as submitted by the President or in the congressional budget. Exempts such Trust Fund from any general statutory budget limitation.
Bill· HRH.R. 1275 (102nd)referred
United States · United States Congress · 5 March 1991
Provides that the minimum allocation amount for each State's share of Federal-aid highway funds shall not apply to Interstate System discretionary projects, emergency relief, and highway bridge replacement and rehabilitation discretionary projects.
Bill· HRH.R. 1233 (102nd)referred
United States · United States Congress · 5 March 1991
Amends Federal law to declare that provisions mandating an annual fee on recreational vessels over 16 feet long do not authorize a fee on a vessel propelled only by man power, including any canoe or kayak.
Bill· HRH.R. 1226 (102nd)open
United States · United States Congress · 4 March 1991
Amends Federal highway provisions to authorize the Secretary of Transportation (current law authorizes the State) to determine whether certain vehicle weight limitations for the interstate highway system apply under applicable State statutes.
Bill· HRH.R. 1208 (102nd)open
United States · United States Congress · 28 February 1991
Military Construction Authorization Act, 1992 and 1993 - Subdivision 1: Fiscal Year 1992 - Title I: Army - Authorizes the Secretary of the Army to acquire real property and carry out military construction projects at specified installations and locations. Authorizes the Secretary to construct or acquire military family housing units, to carry out architectural and engineering services and construction design, and to improve existing military family housing units in specified amounts at specified installations. Authorizes appropriations to the Army for fiscal years beginning after 1991 for military construction projects, unspecified minor construction projects, architectural and engineering design services, the construction of defense access roads, military family housing functions within the Department, and for the homeowners assistance program. Limits the total cost of construction projects authorized by this title. Amends the National Defense Authorization Act for Fiscal Year 1991 to increase the authorization for a military construction project at Fort Riley, Kansas. Extends certain prior-year military construction projects. Title II: Navy - Authorizes the Secretary of the Navy to acquire real property and carry out military construction projects at specified installations and locations. Authorizes the Secretary to construct or acquire military family housing units, to carry out architectural and engineering services and construction design, and to improve existing military family housing units in specified amounts at specified installations. Authorizes appropriations to the Navy for fiscal years beginning after 1991 for military construction, land acquisition, and military family housing functions of the Department. Limits the total cost of construction projects authorized by this title. Title III: Air Force - Authorizes the Secretary of the Air Force to acquire real property and carry out military construction projects at specified installations and locations. Authorizes the Secretary to construct or acquire military family housing units, to carry out architectural and engineering services and construction design, and to improve existing military family housing units in specified amounts at specified installations. Authorizes appropriations to the Air Force for fiscal years beginning after 1991 for military construction, land acquisition, and military family housing functions of the Department. Limits the total cost of construction projects authorized by this title. Extends certain prior-year military construction projects. Title IV: Defense Agencies - Authorizes the Secretary of Defense to carry out military construction projects and acquire real property in specified amounts at specified installations and locations. Authorizes the Secretary to construct or acquire military family housing units and to improve existing military family housing units in specified amounts at specified installations. Authorizes the Secretary of Defense to make contributions for the North Atlantic Treaty Organization (NATO) Infrastructure program, and authorizes appropriations to the Secretary for fiscal years after 1991 for such contributions. Authorizes appropriations to the Department of Defense (DOD) for fiscal years beginning after FY 1991 for military construction, land acquisition, and military family housing functions of the Department. Limits the total cost of construction projects authorized by this title. Authorizes the Secretary of Defense to enter into contracts for the design and construction of military construction projects at Fort Bragg, North Carolina, and Fort Belvoir, Virginia. Authorizes the Secretary to transfer excess NATO Infrastructure programs, and authorizes appropriations to the Secretary for fiscal years after 1991 for such contributions. Title V: Guard and Reserve Forces Facilities - Authorizes appropriations for fiscal years after 1991 for acquisition, architectural and engineering services, and construction of facilities for the Guard and Reserve forces in specified amounts. Title VI: Expiration of Authorizations - Terminates all authorizations contained in titles I through IV of this Subdivision on October 1, 1993, or the date of enactment of the Military Construction Authorization Act for FY 1994, whichever is later, with specified exceptions. Subdivision 2: Fiscal Year 1993 - Title I (SIC): Army - Authorizes the Secretary of the Army to acquire real property and carry out military construction projects at specified installations and locations. Authorizes the Secretary to carry out architectural and engineering services and construction design, and to improve existing military family housing units in specified amounts at specified installations. Authorizes appropriations to the Army for fiscal years beginning after 1992 for military construction projects, repair of real property, unspecified minor construction projects, architectural and engineering design services, and military family housing functions. Limits the total cost of construction projects authorized by this title. Title II: Navy - Authorizes the Secretary of the Navy to acquire real property and carry out military construction projects at specified installations and locations. Authorizes the Secretary to carry out architectural and engineering services and construction design, and to improve existing military family housing units in specified amounts at specified installations. Authorizes appropriations to the Navy for fiscal years beginning after 1992 for military construction projects, unspecified minor construction projects, repair of real property, architectural and engineering design services, and military housing functions. Limits the total cost of construction projects authorized by this title. Title III: Air Force - Authorizes the Secretary of the Air Force to acquire real property and carry out military construction projects at specified installations and locations. Authorizes the Secretary to construct or acquire military family housing units, to carry out architectural and engineering services and construction design, and to improve existing military family housing units in specified amounts at specified installations. Authorizes appropriations to the Air Force for fiscal years beginning after 1992 for military construction projects, unspecified minor military construction projects, repair of real property, architectural and engineering design services, and military family housing functions. Limits the total cost of construction projects authorized by this title. Title IV: Defense Agencies - Authorizes the Secretary of Defense to acquire real property and carry out military construction projects at specified installations and locations. Authorizes the Secretary to make contributions for the NATO Infrastructure program, and authorizes appropriations to the Secretary for fiscal years after 1992 for such contributions. Authorizes appropriations to the Department of Defense (DOD) for fiscal years beginning after 1992 for military construction, repair of real property, land acquisition, and military family housing functions. Limits the total cost of construction projects authorized by this title. Authorizes the Secretary to transfer excess NATO Infrastructure funds (if any) to fund authorized defense agency projects, or to transfer unobligated defense agency funds to the NATO Infrastructure program. Title V: Guard and Reserve Forces Facilities - Authorizes appropriations for fiscal years after 1992 for acquisition, architectural and engineering services, repair of real property, and construction of facilities for the Guard and Reserve forces. Title VI: Expiration of Authorizations - Terminates all authorizations contained in titles I through IV of this subdivision on October 1, 1994, or on the date of enactment of the Military Construction Authorization Act for Fiscal Year 1995, whichever is later, with specified exceptions. Subdivision 3 - Title VII: General Provisions - Authorizes the Secretary of Defense to contribute amounts to States for the acquisition or construction of facilities for use by the reserve forces. Authorizes the Secretary to carry out certain facilities projects that cost $300,000 or less (currently, $200,000) using operation and maintenance funds. Extends through FY 1993 (currently 1991) the authority of the Secretary concerned to enter into: (1) long-term facilities contracts; and (2) contracts for the leasing of military family housing facilities. Authorizes the heads of defense agencies (currently, only the Secretaries of the military departments) to use one-step turn-key selection procedures to enter into contracts for the construction of authorized military construction projects. Repeals provisions which: (1) prohibit the Secretary of Defense from entering into any more than three such contracts during a fiscal year; and (2) terminate the authority to enter into such contracts after October 1, 1991. Provides that certain defense contract limitations shall not apply to the acquisitions of military or family housing projects obtained through governments of NATO subsidiary bodies for elements of the armed forces deployed in Europe and adjacent waters. Increases the amounts authorized to be expended for minor military construction projects not otherwise authorized by law. Excludes up to 300 square feet from the applicable maximum net floor space allowances permitted for certain military pay grades for military housing for the provision of recreation space within existing space at locations in Alaska. Extends permanently (currently terminates as of FY 1991) the authority to expend funds under the homeowners assistance program. Extends benefits under such program to military personnel with dependents (currently, must be unaccompanied by dependents) and to personnel who are transferred due to a base closure within three years of such closure (currently, within 15 months). Authorizes the Secretary of the military department concerned to carry out a military construction project not otherwise authorized by law if the Secretary determines that the project: (1) is vital to the protection of the quality of the environment, health, or safety; and (2) is so urgent that deferral of such project until the next Military Construction Authorization Act would be inconsistent with the protection of health, safety, and environmental quality. Requires the Secretary concerned to report to the appropriate congressional committees when a decision is made to carry out a construction project under this section. Limits the maximum amount to be obligated by a Secretary in any fiscal year on such projects. Directs the Secretary of Energy to convey to the Secretary of Defense jurisdiction and control of a tract of land in Bernalillo County, New Mexico. Empowers the Secretary of a military department to lease a property (currently, only acquisitions or options to acquire are permitted) for a military project. Amends the Military Construction Authorization Act, 1984 to authorize the Secretary of a military department to enter into agreements for up to 2,000 family housing units under the Military Housing Rental Guarantee program, such units being in addition to the acquisition of any units currently permitted under the program. Extends the authority to enter into such agreements through FY 1993 (currently 1991). Repeals a Federal provision requiring the Secretary of a military department to provide a member of the armed forces with notice and an opportunity for hearing and record inspection before being permitted to withhold amounts from such member's pay for a breach of a rental housing lease or for damages caused to such housing by such member.
Bill· HRH.R. 1191 (102nd)open
United States · United States Congress · 28 February 1991
Amends Federal law to apply reporting provisions relating to marine casualties to a foreign vessel transporting passengers involved in a marine casualty that: (1) embarks or disembarks passengers in the United States; or (2) transports passengers traveling under any air and sea ticket package marketed in the United States.
Bill· HRH.R. 1149 (102nd)referred
United States · United States Congress · 27 February 1991
Women's Equal Opportunity Act of 1991 - Title I: Federal Civil Rights Remedies - Subtitle A: Federal Remedies for Sexual Harassment in the Workplace - Amends the Civil Rights Act of 1964 to allow monetary penalties, to specified maximums, for intentional unlawful employment practices relating to harassment on the basis of sex. Allows a person alleging employment discrimination through sexual harassment to seek temporary or preliminary injunctive relief: (1) without regard to any period of time following the filing of a charge; and (2) without obtaining a right-to-sue letter from the Equal Employment Opportunity Commission (EEOC). Sets forth criteria for obtaining such relief. Requires courts to expedite proceedings under these provisions. Mandates technical assistance concerning sexual harassment law to employers with fewer than a specified number of employees. Authorizes appropriations. Subtitle B: Expansion of Other Federal Civil Rights - Amends Federal law relating to equal rights under the law and the making and enforcing of contracts to declare that: (1) the rights protected are protected against impairment by non-governmental discrimination as well as against impairment under color of State law; and (2) the provisions afford the same protection against discrimination in the performance, breach, modification, or termination of a contract, or in the setting of the terms or conditions thereof, as they do in the making and enforcement of the contract. Amends the Civil Rights Act of 1964 to declare that, for provisions relating to time limits for filing charges, an unlawful employment practice occurs with regard to a seniority system: (1) when it is adopted, an individual becomes subject to it, or a person is injured by its application; and (2) if the system is alleged to have been adopted for an intentionally discriminatory purpose, whether or not that purpose is apparent on the system's face. Applies title VII (Equal Employment Opportunity) of the Civil Rights Act of 1964 to the Congress, with enforcement as determined by each House of the Congress. Title II: Domestic and Street Crime Violence Against Women - Subtitle A: Safety on College and University Campuses - Amends the Higher Education Act of 1965 to add sexual assault or any other abusive sexual conduct to the list of offenses regarding which certain institutions are required to collect and disclose statistics. Requires each institution to report the statistics to parents or guardians of students as well as to other groups specified by current law. Subtitle B: Stronger Penalties for Federal Sex Offenses - Amends the Federal criminal code to make murder a Class A felony, mandating the death sentence, when done in the course of certain sex offenses, sexual assault, or child molestation, or when the defendant has previously been convicted of sexual assault or child molestation, subject to specified mitigating factors. Requires instructing the jury not to: (1) consider the race, color, religion, national origin, or sex of the defendant or any victim; and (2) recommend a death sentence unless it concludes that it would recommend such sentence rergardless of such factors. Requires each juror to sign a certification to such effect. Bars carrying out a death sentence on a woman while she is pregnant. Prohibits requiring any employee of, or a person under contract to provide services to, a State corrections department or the Federal Bureau of Prisons to attend or participate in any execution. Amends Federal criminal code provisions relating to sexual abuse to double the maximum imprisonment for violation of such provisions after a prior conviction under Federal or State law for such an offense. Adds to such provisions a special definition of "sexual act" applicable to individuals under the age of 16. Amends the Controlled Substances Act to provide for increased penalties for distribution of a controlled substance to a woman while she is pregnant. Subtitle C: Enhanced Compensation and Restitution for Victims of Sex Crimes - Pornography Victims' Compensation Act of 1991 - Creates a cause of action against a producer, distributor, exhibitor, or seller of sexually explicit material by a victim of a rape, sexual assault, act of sexual abuse, sexual murder, or other sexual crime, or by the estate, guardian, or survivors of any such victim. Conditions the recovery of damages on proof by a preponderance of the evidence that: (1) the victim was a victim of such an act; (2) the material is obscene, constitutes child pornography, or in the case of sex crimes, is sexually explicit and violent, and was a proximate cause of the offense; (3) the defendant is a producer or distributor of the material exhibited or sold it to the sexual offender and should have known that the material was sexually explicit; and (4) the sale or transport affects interstate or foreign commerce. Sets forth criteria by which the finder of fact may reasonably infer that such material was a proximate cause of the offense, including unusual similarities between the acts described and the actual offense, testimony of the offender, and testimony of experts who have examined such material which incited the commission of the offense. Authorizes the award of damages for economic loss, compensation for pain and suffering, reasonable attorney's fees, and costs to prevailing plaintiffs. Sets a statute of limitations of six years from the date the right of action first accrued or, in the case of a legal disability, not later than three years after the termination of such disability. Amends the Federal criminal code to allow an order of certain types of restitution in cases involving provisions relating to sexual abuse or sexual exploitation of children. Subtitle D: Reform of Procedure and Evidentiary Requirements in Sex Offense and Other Cases - Amends the Federal Rules of Evidence to allow evidence of similar offenses in criminal or civil sexual assault and child molestation cases. Amends the Federal Rules of Criminal Procedure to modify the number of peremptory challenges available to specified parties when the offense charged is punishable by imprisonment for more than one year. Amends the Federal Criminal Code to: (1) prohibit peremptory jury challenges on the basis of race, color, or any other classification that could not lawfully be used by a prosecutor; and (2) give the prosecutor the same right as the defense attorney to challenge the exercise of peremptory challenges on this ground, with the court applying the same standards and granting the same relief. Enacts rules, to be known as the Rules of Professional Conduct for Lawyers in Federal Practice, and includes them as an appendix to provisions of the U.S. Code relating to the judiciary and judicial procedure. Applies the rules to proceedings before a U.S. court or a Federal agency that carries out adjudicatory or quasi-adjudicatory functions. Includes rules relating to: (1) various types of litigation abuses (including conduct to increase litigation expenses or with no substantial purpose other than to distress another person); (2) expediting litigation (including not attempting to delay or prolong proceedings for specified reasons); and (3) a duty to prevent the commission of a crime (including allowing or requiring disclosure of information). Declares that: (1) it is the sense of the Congress that, in determining child custody, credible evidence of physical abuse of a spouse should create a statutory presumption that it is detrimental to the child to be placed in the custody of the abusive spouse; and (2) this paragraph is not intended to encourage States to prohibit supervised visitation. Requires a protective order issued by a court of a State to have the same full faith and credit in a court in another State as in a court of the issuing State. Amends the Federal Criminal Code to require that a person charged with an offense under provisions relating to sexual abuse be tested for the human immunodeficiency virus: (1) before release pending trial; and (2) six months and twelve months after the initial test. Requires results to be provided to the judicial officer or court and disclosed only to the victim, the attorney for the Government, and the person tested. Requires the U.S. Sentencing Commission to enhance the sentence guidelines if the offender had reason to know that he was infected, except where the offender did not engage or attempt to engage in conduct creating a risk of transmission. Amends the Victims' Rights and Restitution Act of 1990 to require a Governmental department or agency to pay for up to two tests for a sexual assault victim in the twelve months following the assault and a counseling session regarding the tests and the risk of transmission as the result of the assault. Subtitle E: National Task Force on Violence Against Women - Establishes the National Task Force on Violence Against Women to develop a uniform Federal, State, and local law enforcement strategy aimed at protecting women against violent crimes, punishing persons who commit such crimes, and enhancing the rights of the victims. Authorizes appropriations. Subtitle F: Prevention of Sexual Assault - Amends the Victims of Crime Act of 1984 to establish a program of grants to States to assist States in supporting rape prevention and education programs. Requires: (1) a minimum percentage of the money to be used for programs targeted for junior high school and high school students; and (2) the State to pay the full cost of forensic medical examinations of sexual assault victims. Authorizes appropriations. Subtitle G: Domestic Violence Prevention Act of 1991 - Domestic Violence Prevention Act of 1991 - Amends the Family Violence Prevention and Services Act to add increasing public awareness as a purpose of State demonstration grants. Authorizes grants for public information campaigns regarding domestic violence. Requires a State grant recipient to establish a Commission on Domestic Violence. Requires a specified minimum percentage of funds for demonstration grants for prevention of, and provision of immediate shelter and other assistance to, victims of family violence and their dependents be used for rural areas. Limits law enforcement training grants to private nonprofit organizations that have certain experience. Authorizes appropriations to carry out the Act. Title III: Employment Opportunities - Subtitle A: Glass Ceiling Commission - Glass Ceiling Act of 1991 - Establishes the Glass Ceiling Commission to conduct a study and prepare recommendations conerning: (1) eliminating artificial barriers to the advancement of women and minorities; and (2) increasing opportunities and developmental experiences of women and minorities to foster advancement of women and minorities to executive management and senior decisionmaking positions in business. Establishes the National Award for Diversity and Excellence in American Executive Management, to be evidenced by a medal with its design approved by the Commission. Directs the President, after receiving recommendations from the Commission, to annually present the award to businesses that meet specified qualifications. Allows a recipient business to use the award in its advertising if the business agrees to help other U.S. businesses improve with respect to the promotion of opportunities and developmental experiences of women and minorities regarding executive management and senior decisionmaking positions. Authorizes appropriations. Terminates the Commission and the authority to make awards four years after enactment of this subtitle. Subtitle B: Opportunities in Apprenticeship - Opportunities in Apprenticeship Act of 1991 - Directs the Secretary of Labor to establish in the Department of Labor an outreach and education program to expand the opportunities for women and minorities in apprenticeship programs registered with the Department under the National Apprenticeship Act (registered apprenticeship programs). Directs the Secretary to: (1) identify and develop model preapprenticeship and apprenticeship programs that promote training and employment opportunities for women and minorities, and disseminate information relating to the programs; and (2) provide technical assistance to organizations, institutions, groups, and individuals to promote outreach to, and recruitment of, women and minorities for registered apprenticeship programs. Authorizes the Secretary to: (1) award grants for the Federal share of outreach and recruitment to increase the participation of women and minorities in registered apprenticeship programs; and (2) establish a program of grants to sponsors of registered apprenticeship programs to pay the Federal share of providing preapprenticeship training to women and minorities. Directs the Secretary to conduct a study of, and report to the appropriate committees of the Congress on, the participation of women and minorities in registered apprenticeship programs. Authorizes appropriations to carry out this subtitle. Subtitle C: Opportunities for Alternative Work Arrangements - Declares that it is the sense of the Congress that: (1) the Office of Personnel Management (OPM) has made commendable efforts to develop alternative work arrangements through flexible scheduling and job sharing; and (2) OPM should continue efforts to develop and expand alternative work arrangements.
Bill· HRH.R. 1158 (102nd)referred
United States · United States Congress · 27 February 1991
Rural Medical Emergencies Air Transport Act of 1991 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to make grants to at least seven States to assist in the creation or enhancement of air medical transport systems that provide victims of medical emergencies in rural areas with access to treatments. Requires: (1) preference for States with plans to integrate the proposed air medical system into a comprehensive plan for regional or statewide emergency medical services; and (2) the grant to be administered by the State agency responsible for medical emergency or trauma services programs. Allows the State to award grant funds to public and private entities. Authorizes appropriations.
Bill· SS. 503 (102nd)open
United States · United States Congress · 26 February 1991
United States-Mexico Border Environmental Protection Act - Establishes the United States-Mexico Border Environmental Protection Fund to be used by the Administrator of the Environmental Protection Agency to investigate and respond to conditions which present a threat to the land, air, or water resources of the United States-Mexico border region. Authorizes the Administrator, whenever conditions exist which present a substantial threat to the land, air, or water resources in such region, to declare an environmental emergency. Permits the Governors of the States of Arizona, California, New Mexico, or Texas to petition for the declaration of an environmental emergency in such region. Authorizes the Administrator to establish a system for information sharing and for early warning to the United States and affected States, political subdivisions, and Indian tribes of environmental problems affecting the United States-Mexico border region. Requires the Administrator to establish a United States-Mexico Border Environmental Protection Advisory Committee to: (1) monitor and study environmental conditions within the border region; and (2) make recommendations for ongoing environmental protection in such region. Directs the Secretary of State, acting through the United States Commissioner, International Boundary and Water Commission, United States and Mexico, to conclude agreements with the Ministry of Foreign Relations of Mexico for: (1) the correction of international pollution problems in international streams crossing the boundary between the United States and Mexico; and (2) a joint response through the construction of works, repair of existing infrastructure, and other measures to correct water pollution emergencies in such streams. Authorizes the Secretary, acting through the Commissioner, to correct water pollution emergencies in such streams in the United States. Permits the Secretary to enter into agreements with Mexico to: (1) establish a binational advisory committee to monitor and study environmental conditions within the border region and make recommendations for ongoing environmental protection in such region; and (2) establish a system for information sharing and for early warning between the two nations of environmental problems affecting such region. Prohibits the expenditure of U.S. funds for emergency investigation or remediation in Mexico without a cost-sharing agreement unless the Secretary can demonstrate that the expenditure of such funds would be cost-effective and in the U.S. interest. Establishes the United States International Boundary and Water Commission Fund to carry out this Act. Authorizes appropriations.
Bill· SS. 480 (102nd)referred
United States · United States Congress · 26 February 1991
Rural Medical Emergencies Air Transport Act of 1991 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to make grants to at least seven States to assist in the creation or enhancement of air medical transport systems that provide victims of medical emergencies in rural areas with access to treatments. Requires: (1) preference for States with plans to integrate the proposed air medical system into a comprehensive network or plan for regional or statewide emergency medical services; and (2) the grant to be administered by the State agency responsible for medical emergency or trauma services programs. Allows the State to award grant funds to public and private entities. Authorizes appropriations.
Bill· HRH.R. 1111 (102nd)referred
United States · United States Congress · 26 February 1991
Anti-Apartheid Act Amendments of 1991 - Title I: Sanctions Against Investment in, and Exports to, South Africa and Other Measures (Except Import Restrictions) to End Apartheid - Part A: Amendments to the Comprehensive Anti-Apartheid Act of 1986 and Other Laws - Amends the Comprehensive Anti-Apartheid Act of 1986 to prohibit any investments in South Africa by U.S. persons. Makes exceptions to such prohibition for: (1) investments in a business enterprise 90 percent owned and controlled by South Africans economically and politically disadvantaged by apartheid; and (2) investments made by certain individuals during any period and to the extent that such investments are considered South African emigrant non-resident assets and subject to transfer or disposition restrictions. Authorizes a person to apply for, and the President to grant for good cause, a waiver of such prohibition for up to 180 days. Requires U.S. controlled South African entities that are subject to the investment prohibition and that employ more than 24 South Africans economically and politically disadvantaged by apartheid to: (1) notify employees and employee organizations not less than 90 days prior to termination of the U.S. investment in such entity; and (2) enter into good faith negotiations with representative trade unions regarding the terms of such termination. Prohibits the exportation or reexportation to South Africa of any goods or technology subject to U.S. jurisdiction. Prohibits any such exportation or reexportation by any person subject to U.S. jurisdiction. Exempts from such prohibition publications, donations of food, clothing, and medical supplies, commercial sales of agricultural commodities and products, and goods and technology for use in the gathering or dissemination of information by news media organizations subject to U.S. jurisdiction. Makes such prohibitions inapplicable to: (1) any goods that are the direct product of technology of U.S. origin under a written agreement entered into on or before April 20, 1988, and that are exported within one year of the enactment of this Act; (2) economic assistance or human rights programs for disadvantaged South Africans, South African blacks or other nonwhite South Africans, or victims of apartheid in South Africa; and (3) contributions to charitable organizations engaged in social welfare, public health, religious, educational, or emergency relief activities in South Africa. Repeals specified provisions of the Comprehensive Anti-Apartheid Act of 1986 that: (1) prohibit certain exports to, imports from, and investments in South Africa; (2) set forth U.S. policy toward the recruitment and training of black South Africans; and (3) prohibit U.S. intercession with any foreign government regarding export activities of certain U.S. nationals in South Africa who are not implementing the Code of Conduct. Revises the definition of "loans" for purposes of such Act to prohibit short-term trade financing, sales on open account, and rescheduling of existing loans. Adds other definitions for purposes of such Act. Prohibits any U.S. agency or entity involved in intelligence activities from engaging in any form of cooperation with the Government of South Africa (specifically including the authorities administering Namibia so long as Namibia is illegally occupied). Prohibits any U.S. agency or entity from engaging in any form of cooperation with the armed forces of South Africa. Prohibits funds made available by the Congress from being obligated or expended for any expense related to any prohibited cooperation. States that the President should not: (1) assign or detail any member of the U.S. armed forces to serve as a defense or military attache in South Africa; or (2) accredit any individual to serve as a defense or military attache at a South African diplomatic mission in the United States. Repeals provisions of the Intelligence Authorization Act for Fiscal Year 1987 concerning restrictions on intelligence agency cooperation with South Africa. Prohibits the Secretary of Energy from authorizing any person to engage, directly or indirectly, in the production of special nuclear materials in South Africa. Revises penalty provisions of the Comprehensive Anti-Apartheid Act of 1986. Establishes within the Department of State a Coordinator of South Africa Sanctions who shall be responsible to the Secretary of State for matters pertaining to the implementation of sanctions against South Africa. Directs the Coordinator to place emphasis on activities related to strategically important trade in oil, coal, computers, specialized machinery and arms, and to financial credits. Sets forth the responsibilities of the Secretary of State in leading and coordinating the activities of other agencies in implementing and enforcing the Comprehensive Anti-Apartheid Act of 1986 and in monitoring other nations' economic relations with South Africa. Requires the Secretary to report annually to the Congress on actions to monitor and enforce such Act and on economic relations between South Africa and each of its trading partners. Establishes an Interagency Coordinating Committee on South Africa to coordinate and monitor the implementation of such Act. Revises provisions of such Act regarding the Code of Conduct and expanded participation in the South African economy. Requires Federal agencies to make efforts to assist businesses more than 90 percent (currently, 50 percent) owned by black or nonwhite South Africans. Amends the Export Import Bank Act of 1945 to require the Bank to insure or participate in the extension of credit to businesses more than 90 percent owned (currently, majority owned) and controlled by black or nonwhite South Africans. Amends the Foreign Assistance Act of 1961 to permit the use of a specified amount of funds authorized for economic development assistance for assistance to disadvantaged South Africans. Specifies that such assistance may include scholarships, the promotion of the participation of disadvantaged South Africans in trade unions and private enterprise, alternative education and community development programs, and training and other assistance (including legal aid) for South African journalists. Lists major trade union federations in South Africa as examples of recipients of U.S. assistance to the labor movement. Earmarks a specified amount of such funds for refugee education and assistance for South Africans. Prohibits any U.S. person from providing transport to South Africa of a commercial quantity of crude oil or refined petroleum products. Includes in such prohibition transport on a vessel of U.S. registry or on a vessel owned by a U.S. person. Prohibits the Secretary of the Interior from issuing any mineral lease to any national of the United States which is controlled by any foreign person who purchases, acquires, owns, or holds any investment in South Africa or who exports crude oil or refined petroleum products to South Africa. Authorizes the President to waive such prohibitions under specified conditions. Part B: Policy Statements; Reports; Studies; and Other Miscellaneous Provisions - Expresses the sense of the Congress that the President should: (1) direct the Attorney General to conduct an antitrust investigation of the South African controlled international diamond cartel; (2) direct the Secretary of Commerce and the Commissioner of Customs to study the feasibility of identifying at the port of entry the national origin of diamonds entering the United States; and (3) ensure effective and rigorous enforcement of a prohibition on the importation into the United States of uncut South African diamonds by taking specified measures. Expresses the sense of the Congress that: (1) the President should eliminate all honorary consuls of South Africa in the United States and forbid expansion of South Africa's embassy staff; and (2) approval of temporary U.S. visas should be granted on a case-by-case basis after considering South Africa's record of allowing its citizens, including apartheid opponents, to travel to the United States. Requires the President to study and report to the Congress on measures to reduce South Africa's foreign exchange earnings from gold. Directs the Secretary of State to report to the Congress on South Africa's involvement in international terrorism. Title II: Sanctions Against South African Imports Into the United States - Prohibits the importation into the United States of any article from South Africa, except: (1) strategic minerals which the President certifies to the Congress are essential for military or economic purposes and are not available from alternative reliable suppliers or through improved manufacturing processes, conservation, recycling, and economical substitution; and (2) publications. Specifies that such prohibition includes: (1) krugerrands or any gold coin minted in South Africa or offered for sale by the Government of South Africa; (2) uranium hexafluoride that has been manufactured from South African uranium or uranium oxide; and (3) fish or seafood which are products of South Africa. Exempts from such prohibition any imports from business enterprises in South Africa that are wholly-owned by persons economically or politically disadvantaged by apartheid. Requires the President to confer with other industrialized democracies in order to reach cooperative agreements to impose sanctions against South Africa to bring about the dismantling of apartheid. Requires the President to report to the Congress concerning such efforts. Requires (currently, encourages) the President to seek United Nations Security Council adoption of the same sanctions against South Africa as are imposed by the United States. Requires (currently, authorizes) the President to impose penalties against foreign persons taking significant commercial advantage of U.S. sanctions against South Africa or comparable sanctions of other industrialized democracies. Includes as such a penalty the restriction of such a person from contracting with U.S. Government entities. Allows the President to waive such penalties for foreign persons of an industrialized democracy that is a party to a cooperative agreement to impose sanctions against South Africa. Requires the President to revoke such waiver if the industrialized democracy is not adequately enforcing the measures provided for under the agreement. Requires that information concerning the extent to which import restrictions are being enforced by other industrialized democracies be included in the Secretary of State's annual report to the Congress. Sets forth provisions pertaining to committee referral in the House of Representatives of joint resolutions pertaining to import restrictions. Requires the President, through the Secretary of Commerce, to submit periodic reports to the Congress setting forth the average amounts of imports of coal or any strategic and critical material entering the United States from each member and observer country of the Council for Mutual Economic Assistance. Requires the President to report annually to the Congress on the program to reduce U.S. dependence on strategic minerals from South Africa. Requires the President to confer with the governments of the African "frontline" states on measures to prevent the circumvention of the import restrictions on South African products imposed under the authority of this Act. Title III: General Provisions - Makes conforming amendments and sets forth the effective date of this Act.
Bill· HRH.R. 1104 (102nd)open
United States · United States Congress · 25 February 1991
Declares certain portions of Pelican Island, Texas, to be nonnavigable waters. Applies such declaration to areas which are or will be bulkheaded and filled or otherwise occupied by permanent structures, including marina facilities.
Bill· SS. 472 (102nd)referred
United States · United States Congress · 21 February 1991
Women's Equal Opportunity Act of 1991 - Title I: Federal Civil Rights Remedies - Subtitle A: Federal Remedies for Sexual Harassment in the Workplace - Amends the Civil Rights Act of 1964 to allow monetary penalties, to specified maximums, for intentional unlawful employment practices relating to harassment on the basis of sex. Allows a person alleging employment discrimination through sexual harassment to seek temporary or preliminary injunctive relief: (1) without regard to any period of time following the filing of a charge; and (2) without obtaining a right-to-sue letter from the Equal Employment Opportunity Commission (EEOC). Sets forth criteria for obtaining such relief. Requires courts to expedite proceedings under these provisions. Mandates technical assistance concerning sexual harassment law to employers with fewer than a specified number of employees. Authorizes appropriations. Subtitle B: Expansion of Other Federal Civil Rights - Amends Federal law relating to equal rights under the law and the making and enforcing of contracts to declare that: (1) the rights protected are protected against impairment by non-governmental discrimination as well as against imparment under color of State law; and (2) the provisions afford the same protection against discrimination in the performance, breach, modification, or termination of a contract, or in the setting of the terms or conditions thereof, as they do in the making and enforcement of the contract. Amends the Civil Rights Act of 1964 to declare that, for provisions relating to time limits for filing charges, an unlawful employment practice occurs with regard to a seniority system: (1) when it is adopted, an individual becomes subject to it, or a person is injured by its application; and (2) if the system is alleged to have been adopted for an intentionally discriminatory purpose, whether or not that purpose is apparent on the system's face. Applies title VII (Equal Employment Opportunity) of the Civil Rights Act of 1964 to the Congress, with enforcement as determined by each House of the Congress. Title II: Domestic and Street Crime Violence Against Women - Subtitle A: Safety on College and University Campuses - Amends the Higher Education Act of 1965 to add sexual assault or any other abusive sexual conduct to the list of offenses regarding which certain institutions are required to collect and disclose statistics. Requires each institution to report the statistics to parents or guardians of students as well as to other groups specified by current law. Subtitle B: Stronger Penalties for Federal Sex Offenses - Amends the Federal criminal code to make murder a Class A felony, mandating the death sentence, when done in the course of certain sex offenses, sexual assault, or child molestation, or when the defendant has previously been convicted of sexual assault or child molestation, subject to specified mitigating factors. Sets forth procedures. Requires instructing the jury not to: (1) consider the race, color, religion, national origin, or sex of the defendant or any victim; and (2) recommend a death sentence unless it concludes that it would recommend such sentence regardless of such factors. Requires each juror to sign a certification to such effect. Bars carrying out a death sentence on a woman while she is pregnant. Prohibits requiring any employee of, or a person under contract to provide services to, a State corrections department or the Federal Bureau of Prisons to attend or participate in any execution. Amends Federal criminal code provisions relating to sexual abuse to double the maximum imprisonment for violation of such provisions after a prior conviction under Federal or State law for such an offense. Adds to such provisions a special definition of "sexual act" applicable to individuals under the age of 16. Amends the Controlled Substances Act to provide for increased penalties for distribution of a controlled substance to a woman while she is pregnant. Subtitle C: Enhanced Compensation and Restitution for Victims of Sex Crimes - Pornography Victims' Compensation Act of 1991 - Creates a cause of action against a producer, distributor, exhibitor, or seller of sexually explicit material by a victim of a rape, sexual assault, act of sexual abuse, sexual murder, or other sexual crime, or by the estate, guardian, or survivors of any such victim. Conditions the recovery of damages on proof by a preponderance of the evidence that: (1) the victim was a victim of such an act; (2) the material is obscene, constitutes child pornography, or in the case of sex crimes, is sexually explicit and violent, and was a proximate cause of the offense; (3) the defendant is a producer or distributor of the material or exhibited or sold it to the sexual offender and should have known that the material was sexually explicit; and (4) the sale or transport affects interstate or foreign commerce. Sets forth criteria by which the finder of fact may reasonably infer that such material was a proximate cause of the offense, including unusual similarities between the acts described and the actual offense, testimony of the offender, and testimony of experts who have examined the offender that such material incited the commission of the offense. Authorizes the award of damages for economic loss, compensation for pain and suffering, reasonable attorney's fees, and costs to prevailing plaintiffs. Sets a statute of limitations of six years from the date the right of action first accrued or, in the case of a legal disability, not later than three years after the termination of such disability. Amends the Federal criminal code to allow an order of certain types of restitution in cases involving provisions relating to sexual abuse or sexual exploitation of children. Subtitle D: Reform of Procedure and Evidentiary Requirements in Sex Offense and Other Cases - Amends the Federal Rules of Evidence to allow evidence of similar offenses in criminal or civil sexual assault and child molestation cases. Amends the Federal Rules of Criminal Procedure to modify the number of peremptory challenges available to specified parties when the offense charged is punishable by imprisonment for more than one year. Amends the Federal criminal code to: (1) prohibit peremptory jury challenges on the basis of race, color, or any other classification that could not lawfully be used by a prosecutor; and (2) give the prosecutor the same right as the defense attorney to challenge the exercise of peremptory challenges on this ground, with the court applying the same standards and granting the same relief. Enacts rules, to be known as the Rules of Professional Conduct for Lawyers in Federal Practice, and includes them as an appendix to provisions of the U.S. Code relating to the judiciary and judicial procedure. Applies the rules to proceedings before a U.S. court or a Federal agency that carries out adjudicatory or quasi-adjudicatory functions. Includes rules relating to: (1) various types of litigation abuses (including conduct to increase litigation expenses or with no substantial purpose other than to distress another person); (2) expediting litigation (including not attempting to delay or prolong proceedings for specified reasons); and (3) a duty to prevent the commission of a crime (including allowing or requiring disclosure of information). Declares that: (1) it is the sense of the Congress that, in determining child custody, credible evidence of physical abuse of a spouse should create a statutory presumption that it is detrimental to the child to be placed in the custody of the abusive spouse; and (2) this paragraph is not intended to encourage States to prohibit supervised visitation. Requires a protective order issued by a court of a State to have the same full faith and credit in a court in another State as in a court of the issuing State. Amends the Federal criminal code to require that a person charged with an offense under provisions relating to sexual abuse be tested for the human immunodeficiency virus: (1) before release pending trial; and (2) six months and twelve months after the initial test. Requires results to be provided to the judicial officer or court and disclosed only to the victim, the attorney for the Government, and the person tested. Requires the U.S. Sentencing Commission to enhance the sentence guidelines if the offender had reason to know that he was infected, except where the offender did not engage or attempt to engate in conduct creating a risk of transmission. Amends the Victims' Rights and Restitution Act of 1990 to require a Governmental department or agency to pay for up to two tests for a sexual assault victim in the twelve months following the assault and a counseling session regarding the tests and the risk of transmission as the result of the assault. Subtitle E: National Task Force on Violence Against Women - Establishes the National Task Force on Violence Against Women to develop a uniform Federal, State, and local law enforcement strategy aimed at protecting women against violent crimes, punishing persons who commit such crimes, and enhancing the rights of the victims. Authorizes appropriations. Subtitle F: Prevention of Sexual Assault - Amends the Victims of Crime Act of 1984 to establish a program of grants to States to assist in supporting rape prevention and education programs. Requires: (1) a minimum percentage of the money to be used for programs targeted for junior high school and high school students; and (2) the State to pay the full cost of forensic medical examinations of sexual assault victims. Authorizes appropriations. Subtitle G: Domestic Violence Prevention Act of 1991 -Domestic Violence Prevention Act of 1991 - Amends the Family Violence Prevention and Services Act to add increasing public awareness as a purpose of State demonstration grants. Authorizes grants for public information campaigns regarding domestic violence. Requires a State grant recipient to establish a Commission on Domestic Violence. Requires a specified minimum percentage of funds for demonstration grants for prevention of, and provision of immediate shelter and other assistance to, victims of family violence and their dependents to be used for rural areas. Limits law enforcement training grants to private nonprofit organizations that have certain experience. Authorizes appropriations to carry out the Act. Title III: Employment Opportunities - Subtitle A: Glass Ceiling Commission - Glass Ceiling Act of 1991 - Establishes the Glass Ceiling Commission to conduct a study and prepare recommendations concerning: (1) eliminating artificial barriers to the advancement of women and minorities; and (2) increasing opportunities and developmental experiences of women and minorities to foster advancement of women and minorities to executive management and senior decisionmaking positions in business. Establishes the National Award for Diversity and Excellence in American Executive Management, to be evidenced by a medal with its design approved by the Commission. Directs the President, after receiving recommendations from the Commission, to annually present the award to businesses that meet specified qualifications. Allows a recipient business to use the award in its advertising if the business agrees to help other U.S. businesses improve with respect to the promotion of opportunities and developmental experiences of women and minorities regarding executive management and senior decisionmaking positions. Authorizes appropriations. Terminates the Commission and the authority to make awards four years after enactment of this subtitle. Subtitle B: Opportunities in Apprenticeship - Opportunities in Apprenticeship Act of 1991 - Directs the Secretary of Labor to establish in the Department of Labor an outreach and education program to expand the opportunities for women and minorities in apprenticeship programs registered with the Department under the National Apprenticeship Act (registered apprenticeship programs). Directs the Secretary to: (1) identify and develop model preapprenticeship and apprenticeship programs that promote training and employment opportunities for women and minorities, and disseminate information relating to the programs; and (2) provide technical assistance to organizations, institutions, groups, and individuals to promote outreach to, and recruitment of, women and minorities for registered apprenticeship programs. Authorizes the Secretary to: (1) award grants for the Federal share of outreach and recruitment to increase the participation of women and minorities in registered apprenticeship programs; and (2) establish a program of grants to sponsors of registered apprenticeship programs to pay the Federal share of providing preapprenticeship training to women and minorities. Directs the Secretary to conduct a study of, and report to the appropriate committees of the Congress on, the participation of women and minorities in registered apprenticeship programs. Authorizes appropriations to carry out this subtitle. Subtitle C: Opportunities for Alternative Work Arrangements - Declares that it is the sense of the Congress that: (1) the Office of Personnel Management (OPM) has made commendable efforts to develop alternative work arrangements through flexible scheduling and job sharing; and (2) OPM should continue efforts to develop and expand alternative work arrangements.
Bill· HRH.R. 1064 (102nd)open
United States · United States Congress · 21 February 1991
Safe and Competitive Trucking Act of 1991 - Amends Federal law to prohibit States from regulating any of the following: (1) intrastate rates, routes, or services of any interstate motor carrier, interstate motor private carrier, or interstate broker which provides intrastate transportation of property, including express packages; or (2) the leasing, rental, or other sourcing of commercial drivers and motor vehicles by interstate motor carriers of property operating in intrastate commerce. Prohibits States from requiring interstate motor carriers, interstate motor private carriers, or interstate brokers of property to prove the lawfulness of interstate transportation activities performed under this Act or regulations issued by the Interstate Commerce Commission. Prohibits States from requiring such carrier or broker to: (1) file and maintain any certificate or permit issued by the Commission; (2) register motor vehicles operated under a certificate or permit issued by such Commission; (3) display on any vehicle a decal, stamp, cab card, or other identification evidencing the lawfulness of such transportation activity; or (4) pay a fee or tax with respect to such activities. Authorizes States to assess a tax or fee on motor carriers operating vehicles registered in another State only if: (1) the tax or fee is apportioned based on miles driven in the State or on some other equitable measure of such carrier's or vehicle's contact with such State; (2) the tax or fee does not discriminate against interstate commerce; (3) the tax or fee is related to the services provided to the carrier or vehicle; and (4) the activity with respect to which the tax or fee is being assessed has a substantial nexus with the State. Authorizes a State to require an interstate motor carrier to register vehicles the carrier intends to operate within the State and collect a registration tax or fee. Authorizes States to require interstate motor carriers to report the fuel used by its vehicles within such State and to pay a related tax or fee. Prohibits any State from requiring registration or fuel use reports or imposing related taxes or fees on or after September 30, 1994 and 1995, respectively, unless it is a member of the International Registration Plan or the International Fuel Tax Agreement. Prohibits a State or local government from assessing a tax or fee after September 30, 1994, on a motor carrier if the carrier's only business activity within the State is: (1) the delivery or pickup of property; (2) the use of streets or roads; (3) the solicitation, sale, or advertising of transportation services by a motor carrier not domiciled in such State; or (4) to transport fully or partially loaded or empty vehicles through the State. Prohibits a State, under specified conditions, from imposing a net worth tax on property used in interstate commerce.
Bill· HRH.R. 1087 (102nd)open
United States · United States Congress · 21 February 1991
High Speed Rail Transportation Policy and Development Act - Amends the Rail Safety and Service Improvement Act of 1982 to require the Administrator of the Federal Railroad Administration to submit to specified congressional committees a study of the commercial feasibility of constructing one or more high speed rail transportation systems in the United States. Authorizes appropriations. Directs the Administrator to establish a National High Speed Rail Transportation Policy to promote the design, construction, and operation of high speed rail transportation systems in the United States. Amends the Railroad Revitalization and Regulatory Reform Act of 1976 to authorize the Secretary of Transportation (Secretary) to guarantee obligations used to acquire, rehabilitate, or establish high speed rail facilities or equipment. Prohibits such guarantees until the Secretary finds, in the case of high speed rail facilities and equipment, that at least 85 percent of such items are mined, produced, or manufactured in the United States, unless specified conditions prevail. Requires the Secretary before extending such guarantees to receive assurances from the obligor that no assets from high speed rail operations will be used for other than high speed rail purposes if such use will impair the obligor's ability to provide high speed rail services in an efficient and economic manner, or will adversely affect the obligor's ability to perform any obligation guaranteed by the Secretary. Requires the Comptroller General to report annually to specified congressional committees concerning high speed rail facilities and equipment.
Bill· HRH.R. 1079 (102nd)open
United States · United States Congress · 21 February 1991
Mobility Assistance Act of 1991 - Redesignates the Urban Mass Transportation Administration of the Department of Transportation as the Federal Public Transportation Administration. Amends the Urban Mass Transportation Act of 1964 to increase from 8.64 percent to ten percent the amount allocated from block grants for mass transportation projects in urban areas with a population of less than 200,000. Authorizes the Secretary of Transportation to make grants and loans to eligible entities in urbanized and non-urbanized areas for special mobility assistance transportation projects to meet the needs of the elderly and handicapped. Declares that nothing shall prohibit the leasing of vehicles to local public bodies or agencies to meet the special needs of elderly and disabled passengers. Authorizes the Secretary, based upon a specified formula, to increase the Federal share for construction costs associated with public transportation projects in non-urbanized areas. Limits Mass Transit Account Block Grants for public transportation construction projects in non-urbanized areas. Authorizes appropriations. Authorizes the apportionment of such funds for State Initiative Block Grants based upon a specified formula to determine entitlement. Prohibits the Federal share for construction projects under this program from exceeding: (1) 80 percent of construction costs; or (2) 50 percent of operating costs for the payment of operating subsidies.
Bill· HRH.R. 1068 (102nd)referred
United States · United States Congress · 21 February 1991
Directs the Secretary of the Interior to implement a contract for the design, construction, operation, and maintenance of facilities in the South Delta, California. Sets forth conditions for cost sharing by the United States, the California Department of Water Resources, and the South Delta Water Agency.
Bill· HRH.R. 977 (102nd)open
United States · United States Congress · 20 February 1991
Pipeline Safety Act of 1991 - Amends the Natural Gas Pipeline Safety Act of 1968 to direct the Secretary of Transportation to issue regulations requiring, under specified conditions, the installation of excess flow valves in all natural gas distribution systems. Authorizes the Secretary to exempt a system from such requirement if special circumstances exist which prevent the use of such valves.
Law· HRH.R. 1006 (102nd)enacted
United States · United States Congress · 20 February 1991
Authorizes appropriations for the Federal Maritime Commission.
Bill· HRH.R. 1029 (102nd)referred
United States · United States Congress · 20 February 1991
Directs the Secretary of the Army to study and report to the Congress on the feasibility of constructing a canal connecting Lake Erie and the Ohio River, Ohio and Pennsylvania, for the purpose of navigation.
Bill· HRH.R. 954 (102nd)open
United States · United States Congress · 19 February 1991
Amends the Urban Mass Transportation Act of 1964 to require the Secretary of Transportation to withhold specified percentages of apportioned Federal highway funds from States that fail to establish a safety program plan for fixed guideway mass transportation systems.
Bill· HRH.R. 955 (102nd)open
United States · United States Congress · 19 February 1991
Authorizes the Secretary of Transportation to issue a specified final rule on drug use and alcohol control for recipients of Federal mass transit assistance. Prohibits States or local governments from adopting laws inconsistent with regulations under this Act, except that such regulations shall not preempt State criminal laws applicable to mass transportation employees.
Bill· HRH.R. 958 (102nd)open
United States · United States Congress · 19 February 1991
Authorizes the use of Federal aid bridge replacement and rehabilitation funds for railroads and transit bridges over highways.
Bill· HRH.R. 956 (102nd)open
United States · United States Congress · 19 February 1991
Amends the Urban Mass Transportation Act to authorize the use of mass transportation block grants to States to finance non-capital expenses (currently, operating costs). Redefines the term "associated capital maintenance items" to include supplies.
Bill· SS. 398 (102nd)referred
United States · United States Congress · 7 February 1991
Lead Battery Recycling Incentives Act - Amends the Solid Waste Disposal Act to direct the Administrator of the Environmental Protection Agency (EPA) to promulgate regulations for persons who generate, transport, store, recycle, or dispose of spent lead-acid batteries. Requires the Administrator, in developing such regulations, to conduct an analysis of the economic impact of the regulations on the recycling industry. Sets forth required elements of such regulations, including specific requirements for: (1) the storage and transfer of batteries by generators; (2) recordkeeping by battery generators, transporters, and recyclers; and (3) management practices of recyclers. Directs battery retailers to accept from customers spent lead-acid batteries of the same type and quantity as the batteries sold. Requires transporters to acquire an identification number from the EPA or the State enforcing this Act. Directs the Administrator to implement education activities to inform the public about the environmental and safety hazards associated with improper handling and disposal of spent lead-acid batteries. Authorizes appropriations. Applies such requirements to batteries which are transported to or managed by a lead-acid battery recycling facility, a secondary lead smelter, or any facility that prepares batteries for recycling. Requires producers or importers of lead-acid batteries to recycle, for the ten-year period beginning 24 months after this Act's enactment, an amount of spent lead equal to at least the amount determined by multiplying the amount of lead in the batteries produced or imported by such persons by the recycling percentage established by the Administrator. Authorizes compliance with such requirement by: (1) reclaiming lead from such batteries and using it in the production of new batteries; (2) purchasing reclaimed lead from secondary lead smelters for purposes of producing new batteries or shielding; or (3) purchasing recycling credits. Directs producers or importers to report annually to the Administrator on the amount of virgin and secondary lead used in new lead-acid batteries produced or imported by such persons. Sets the recycling percentage at 80 percent. Increases such percentage by two points annually. Authorizes the Administrator to reduce or waive the two percent increase if the rate exceeds 95 percent. Directs the Administrator to promulgate regulations to allow: (1) producers of lead-acid batteries to create credits for recycling an amount of batteries greater than required; and (2) producers or importers of new batteries to purchase such credits for purposes of complying with this Act. Sets forth minimum requirements for the credit system. Applies battery recycling requirements to persons who produce or import more than 10,000 pounds of new lead-acid batteries annually. Sets the recycling percentage at 90 percent if the Administrator fails to promulgate recycling regulations.
Bill· SS. 403 (102nd)referred
United States · United States Congress · 7 February 1991
Declares Congress' intent to provide that nothing in a specified Federal law shall be construed as authorizing the collection of a fee in connection with the operation of vessels propelled only by manpower, such as canoes and kayaks.
Bill· SS. 399 (102nd)referred
United States · United States Congress · 7 February 1991
Oil Recycling Incentives Act - Amends the Solid Waste Disposal Act to prohibit the Administrator of the Environmental Protection Agency (EPA) from identifying used oil or affiliated materials as hazardous wastes under the Solid Waste Disposal Act. Defines "affiliated materials" as used oil filters and any materials used for cleaning up after changing oil that are contaminated with used oil. Provides that any fuel derived from used oil that does not meet used oil specifications established by the Administrator and would otherwise be identified as a hazardous waste shall be deemed to be a hazardous waste. Directs the Administrator to promulgate regulations for persons who generate, store, transport, recycle, or dispose of used oil. Requires the Administrator, in developing such regulations, to conduct an analysis of the economic impact of such regulations on the used oil recycling industry. Provides that regulations for used oil generators shall: (1) prohibit the storage of used oil in an underground storage tank unless such tank meets requirements under this Act; (2) prohibit the storage of used oil for more than 12 months; (3) require generators to transfer such oil to specified permitted used oil recycling or disposal facilities or transporters; and (4) require generators to keep specified records on such oil. Requires used oil transporter regulations to provide that such transporters: (1) acquire identification numbers from EPA; (2) meet applicable financial responsibility requirements; and (3) keep specified records. Includes intermediate storage requirements in transporter regulations. Provides that used oil recycler regulations shall require recyclers to: (1) keep specified records; (2) test fuel produced from the recycling process before departure from the facility; and (3) obtain certain permits. Directs the Administrator to promulgate regulations for exempt refineries that recycle used oil as necessary to protect human health and the environment. Sets forth minimum requirements for such regulations. Requires used oil disposal and affiliated material regulations to prohibit mixing used oil with any hazardous waste identified under the Solid Waste Disposal Act unless the mixture is stored, treated, or disposed of at a permitted facility. Directs the Administrator to promulgate regulations requiring owners or operators of new and existing recycling facilities to have class permits. Sets forth permit requirements. Provides for annual inspections of such facilities to assure permit compliance. Sets forth requirements for interim class permits. Exempts from permit requirements: (1) facilities which refine at least 10,000 barrels daily of crude oil into petroleum products, are classified as S.I.C. number 2911 (pursuant to the Office of Management and Budget Standard Classification Manual) facilities, and at which the amount of refined used oil is equal to no more than the amount of used oil that the owner is required to recycle and the used oil contains less than a specified amount of halogens; and (2) facilities which compound or blend lubricating base oil into finished lubricant products as their principal activity, are classified as S.I.C. number 2899 or 2992 facilities, and whose volume of used oil compounded or blended into such products is no more than ten percent of the lubricating base oil compounded or blended annually. Exempts from used oil regulation requirements on-site activities at facilities classified as S.I.C. number 4911 facilities. Directs the Administrator to promulgate regulations governing such facilities. Requires the Administrator to promulgate regulations establishing specification standards for fuel derived from used oil to be burned in furnaces and boilers. Sets forth requirements to take effect if the Administrator fails to promulgate used oil regulations by the applicable deadline. Requires the Administrator to implement education programs to inform the public and small businesses about the environmental and safety hazards associated with improper handling and disposal of used oil and the benefits derived from used oil recycling. Authorizes appropriations. Sets forth labeling requirements for oil packages and oil filters to encourage the recycling and return of used oil to collection centers. Requires States to develop plans for making information available to the public about recycling of used oil and oil filters. Directs the Administrator to establish a toll-free telephone line to give out information about State used oil recycling programs. Requires producers or importers of lubricating oil to recycle for a period of ten years an amount of used oil equal to at least the amount determined by multiplying the amount of lubricating oil produced or imported that year by such persons by the recycling percentage established by the Administrator. Authorizes such individuals to comply with this Act by: (1) recycling (through re-refining) used oil or purchasing re-refined oil for purposes of producing lubricating oil; or (2) purchasing recycling credits under this Act. Requires producers and importers to report annually to the Administrator on the amount of oil produced or imported by such persons. Requires a producer or importer to be treated as having recycled two units of used oil for each unit of re-refined oil or lubricant base stock purchased. Directs the Administrator to establish a recycling percentage that is two points higher than the existing recycling rate for lubricating oil. Provides for increases in such percentage of two points annually for ten years. Requires the Administrator to promulgate regulations allowing recyclers to create credits for used oil recycling and producers or importers of lubricating oil to purchase such credits. Provides that such regulations shall require: (1) specified records to be kept by recyclers and by importers or producers; and (2) recyclers to sell or distribute in commerce such oil as specification used oil, off-specification used oil, industrial specification used oil, or re-refined oil. Directs the Administrator to report to the Congress on such regulations and to include: (1) a discussion of the effects of such regulations on the oil industry and the environment; and (2) an evaluation of the level of the recycling percentage and whether such percentage should be increased in future years. Requires an updated version of such report to be submitted within ten years of this Act's enactment. Applies recycling requirements to persons who import or produce more than 100,000 gallons of lubricating oil annually. Sets the recycling percentage at 40 percent if the Administrator fails to promulgate such regulations.
Bill· SS. 378 (102nd)referred
United States · United States Congress · 6 February 1991
Economic Assistance Reform Act of 1991 - Amends the Foreign Assistance Act of 1961 and the International Security and Development Cooperation Act of 1985 to repeal provisions relating to the earmarking of foreign assistance program funds. Authorizes the President to furnish assistance for infrastructure development. Specifies that such assistance shall include: (1) development of energy resources; (2) programs of reconstruction following natural or manmade disasters and programs of disaster preparedness; and (3) programs designed to help solve special development problems in the poorest countries and to make possible proper utilization of infrastructure and related projects funded with earlier U.S. assistance. Authorizes the President to furnish assistance to: (1) schools and libraries outside the United States serving as study and demonstration centers for ideas and practices of the United States; and (2) hospital centers for medical education and research outside the United States, founded or sponsored by U.S. citizens. Authorizes appropriations for foreign economic assistance by regions of the world. Specifies such regions as: (1) Africa; (2) Asia; (3) Central America; (4) Europe; (5) Latin America and the Caribbean; and (6) the Near East. Requires the Administrator of the Agency for International Development (AID) to administer the programs, projects, and activities for which such funds are appropriated. Requires that on or after October 1, 1991, authorizations of appropriations shall be made with reference to such regions. Expresses the sense of the Congress that the President should continue to make efforts to improve the management of the foreign assistance program, including efforts to: (1) streamline the project development process; (2) increase decentralization of field missions; (3) reduce the number and increase the duration and sustainability of projects which are funded; (4) decrease recurring costs; (5) prepare a more detailed analysis of the impact of AID projects for inclusion in the annual congressional presentation materials; (6) expand overseas tours for personnel and streamline mid-level management; (7) streamline the contract process; and (8) coordinate the U.S. economic assistance effort. Requires the Administrator of AID to report to the Congress concerning proposals to improve the management of the foreign assistance program. Requires the President to conduct a study on the feasibility and impact of reducing the number of countries receiving economic assistance and the feasibility of incorporating the AID into the Department of State. Expresses the sense of the Congress that: (1) the foreign assistance program should be funded on a two-year cycle; (2) the President should begin preparing a foreign assistance budget for FY 1994 and 1995; (3) funds appropriated for foreign assistance should remain available for expenditure without fiscal year limitations; and (4) the appropriations and authorization committees of each House of the Congress should hold joint hearings on the foreign assistance program and should coordinate their duties with the Committee on the Budget of each House of the Congress. Increases from ten to 25 percent the percentage of funds that may be transferred between foreign assistance accounts. Removes a limitation on the amount by which an account may be increased through the receipt of transferred funds. Revises the restrictions on economic aid to debtor countries to allow such aid for a period of three years after a default of one calendar year if the President certifies that the likelihood of repayment by such country would be increased by such waiver.
Bill· SS. 377 (102nd)referred
United States · United States Congress · 6 February 1991
Amends the International Air Transportation Competition Act of 1979 to repeal a provision relating to the regulation of air carrier flights from Love Field, Texas, to destinations outside of Texas.
Bill· SS. 369 (102nd)referred
United States · United States Congress · 6 February 1991
Authorizes the Secretary of Transportation to approve projects within urbanized areas with populations of 50,000 or more for expanding the capacity of open-to-traffic routes on the Interstate Highway System, including construction of noise barriers, acquisition of right-of-ways for future construction of mass transit facilities, and acquisition of land for construction of parking lots and for bike paths. Sets forth a formula for apportionment of highway funds for such projects. Specifies: (1) the period of availability of funds apportioned to a State for Interstate System capacity expansion; (2) conditions that must be met in order to use lapsed funds for discretionary projects; and (3) the Federal share (80 percent) of any such expansion projects. Authorizes appropriations for FY 1993 through 1996.
Bill· SS. 368 (102nd)referred
United States · United States Congress · 6 February 1991
Directs the Secretary of Transportation to prohibit the opening and closing of the drawbridge of the Woodrow Wilson Memorial Bridge for marine traffic except during the period from 12:00 p.m. (midnight) to 4:00 a.m.
Bill· HRH.R. 946 (102nd)open
United States · United States Congress · 6 February 1991
Authorizes the Secretary of Transportation to approve projects within urbanized areas with populations of 50,000 or more for expanding the capacity of open-to-traffic routes on the Interstate Highway System, including construction of noise barriers, acquisition of right-of-ways for future construction of mass transit facilities, and acquisition of land for construction of parking lots and for bike paths. Sets forth a formula for apportionment of highway funds for such projects. Specifies: (1) the period of availability of funds apportioned to a State for Interstate System capacity expansion; (2) conditions that must be met in order to use lapsed funds for discretionary projects; and (3) the Federal share (80 percent) of any such expansion projects. Authorizes appropriations for FY 1993 through 1996.
Bill· HRH.R. 925 (102nd)open
United States · United States Congress · 6 February 1991
Requires the Secretary of Transportation to permit Fayetteville, North Carolina, to allow vehicular traffic, other than buses, to use Hay Street.
Bill· HRH.R. 858 (102nd)open
United States · United States Congress · 6 February 1991
Amends the International Air Transportation Competition Act of 1979 to repeal a provision relating to the regulation of air carrier flights from Love Field, Texas, to destinations outside the State of Texas.
Bill· HRH.R. 896 (102nd)referred
United States · United States Congress · 6 February 1991
Prohibits the manufacture, sale, delivery, or importation of certain motor vehicles or rail cars unless they are equipped with seat belts. Declares that such prohibition shall apply to: (1) any motor or rail carrier; and (2) any Federal, State, or local entity, school district, charitable organization, church, or other public or private entity providing transportation to passengers by motor vehicle or by rail. Requires persons who own or operate a motor vehicle or rail car constructed before enactment of this Act and used to provide passenger transportation for compensation, or to transport children under the age of 18, to equip such vehicle or rail car with seat belts. Sets forth civil penalties for violations of such prohibition.
Bill· HRH.R. 876 (102nd)referred
United States · United States Congress · 6 February 1991
Subjects passenger vans to the same safety standards applicable to passenger motor vehicles under the National Traffic and Motor Vehicle Safety Act of 1966. Amends the National Traffic and Motor Vehicle Safety Act of 1966 to require vehicle manufacturers to provide the Secretary of Transportation with motor vehicle warranty and repair information the manufacturer provides its dealers. Directs the Secretary, through the Auto Safety Hotline of the National Traffic Safety Administration, to make such information available to the public. Sets forth civil penalties for manufacturers that fail to provide such information.