United States · United States Congress · 22 March 1991
Expresses the sense of the Congress that the United States and the Soviet Union should lead an effort to promptly repeal United Nations General Assembly Resolution 3379 (equating Zionism with racism.)
United States · United States Congress · 21 March 1991
Prohibits the Secretary of the Interior from preparing for or conducting any activity under the Outer Continental Shelf Lands Act with respect to certain submerged lands off the State of Florida. Mandates that all leases in such area issued before enactment of this Act be cancelled. Requires the Secretary to report annually to the Congress on the status of such cancellations. Provides for compensation to entitled lessees. Prohibits any activities other than environmental or oceanographic studies in a certain part of the Eastern Gulf of Mexico Planning Area off the western boundary of Florida. Directs the Secretary to undertake certain environmental studies. Authorizes appropriations.
United States · United States Congress · 21 March 1991
Amends the Outer Continental Shelf Lands Act to revise the environmental standards under which Outer Continental Shelf leases or permits shall be cancelled. Provides that any compensation for a cancelled lease may be in any combination of cash, forgiveness of rents of royalties, or credits against future bonus bids. Limits the criteria according to which the Secretary of the Interior may deny requests by Governors of affected States concerning proposed modifications of Outer Continental Shelf leasing programs. Provides that, with respect to proposed lease sales, the Secretary shall determine the national interest by a balancing process that gives equal weight to obtaining oil and gas supplies and to environmental protection. Requires the Secretary to accept a Governor's recommendations as to whether a particular lease sale will provide a reasonable balance between the national interest and the well-being of the State's citizens, except in specified circumstances. Requires that environmental studies with respect to proposed lease sales be subjected to peer review by scientists not employed or compensated by the Secretary and published by a specified date before the lease sale is announced.
United States · United States Congress · 21 March 1991
National Energy Efficiency and Development Act of 1991 - Title I: Energy Policy Initiatives - Subtitle A: National Energy Strategy - Requires the first National Energy Policy Plan submitted by the President to the Congress after enactment of this Act to include a least-cost energy strategy prepared by the Secretary of Energy (Secretary). Requires such strategy to contain: (1) a comprehensive inventory of available energy and energy efficiency resources and their costs; (2) a proposed two-year program for assuring adequate supplies of such resources, along with identification of actions possible under existing Federal law; and (3) recommendations for any new Federal authority needed to achieve the purposes of this Act. Subtitle B: Director of Climate Protection - Directs the Secretary to appoint a Director of Climate Protection to: (1) serve as the Secretary's representative for interagency and multilateral policy discussions of global climate change; (2) monitor domestic and international policies for their effects on the generation of carbon dioxide and other greenhouse gases; and (3) have the authority to participate in departmental planning activities. Title II: Measures to Improve the Energy Efficiency of the United States Economy - Subtitle A: Research and Development - Amends the Renewable Energy and Energy Efficiency Technology Competitiveness Act of 1989 (REEETCA) to authorize appropriations for energy efficiency research and development. Requires the Secretary to report to the Congress triennially on energy efficiency policy options. Subtitle B: Industrial Energy Efficiency - Directs the Secretary to pursue a research and development program and enter into cost-shared joint ventures to improve efficiency in energy intensive industries (such as steel, chemicals, glass, paper, and aluminum). Authorizes appropriations. Requires the Secretary to develop, directly or by contract, a voluntary national program to devise standards for energy audits and the installation of insulation in industrial facilities. Authorizes appropriations. Directs the Secretary to establish (and report to the Congress on): (1) a reporting system for industry to supply annual energy use and energy intensity information; and (2) voluntary energy efficiency improvement targets for energy-intensive industries. Directs the Administrator of the Energy Information Administration to expand the scope and frequency of the data it collects on energy use in the United States; and (2) report annually to the Congress on such data. Subtitle C: Efficiency in Commercial and Residential Buildings and Other Products - Amends the National Energy Conservation Policy Act (NECPA) to direct the Secretary to establish a program to provide technical assistance to States and localities in updating energy efficiency provisions of residential and commercial building codes. Requires each State or locality, by four years after enactment of this Act, to certify that it has reviewed and updated such codes so that they meet or exceed the requirements of the Council of American Building Officials' Model Energy Code (CABO-MEC). Requires each State or locality, by three years after such certification, to further certify that all new residential commercial buildings built during such period meet updated code requirements. Authorizes appropriations. Directs the Secretary to promulgate procedural guidelines for, and provide technical assistance to, States which adopt residential energy efficiency rating systems. Requires all residential buildings, by five years after enactment of this Act, to have numerical energy efficiency ratings. Requires disclosure to potential purchasers of such ratings. Makes any residential building which fails to meet CABO-MEC standards ineligible for Federal mortgage financing programs. Authorizes appropriations. Requires the Secretary to advise the Secretary of Housing and Urban Development on energy standards for manufactured housing; and (2) test the performance and cost-effectiveness of manufactured housing built to such standards. Creates in the Treasury the State Energy Efficiency Project Fund to provide for grants to States to undertake energy efficiency projects in State- and locally-owned buildings. Requires an annual report to the Congress on Fund activities. Authorizes appropriations. Directs the Secretary to provide financial and technical assistance to support the voluntary development of a national window rating program to establish energy efficiency ratings for windows and window systems. Requires the Secretary to establish such a system if no voluntary program succeeds within two years after enactment of this Act. Requires the Federal Trade Commission (FTC) to prescribe labeling rules for such rating system, unless labeling is not technologically or economically feasible or is not likely to help consumers make purchasing decisions. Authorizes appropriations. Directs the Secretary to set minimum energy efficiency standards for certain types of lamps, appliance motors, commercial air conditioning and heating equipment, utility distribution transformers, showerheads, and commercial office equipment. Requires: (1) the FTC to prescribe labeling for such products; and (2) manufacturers to provide labeling meeting FTC requirements. Provides for enforcement of such labeling requirements. Directs the Secretary to establish, for a five-year period, a program to train and certify energy efficiency contractors. Authorizes appropriations. Subtitle D: Federal Energy Management - Amends NECPA to require all Federal agencies to install all energy conservation measures which are cost-effective on a ten-year life-cycle cost basis. Permits such agencies to accept gas or electric utility incentives designed to encourage cost-effective energy demand management or energy conservation. Requires the Secretary to develop a simplified method of contracting for shared energy savings contract services that will reduce the administrative effort and cost on the part of the government as well as the private customers. Directs the Administrator of the General Services Administration to analyze significant energy consuming products in the Federal Supply Schedule and develop and implement a method to identify products which offer cost-effective opportunities to reduce energy consumption and costs. Directs the Secretary to establish guidelines for the transfer of up to $1,000,000 per project to encourage Federal agencies to undertake energy efficiency projects in federally owned facilities. Requires annual reports to the Congress on such projects. Authorizes appropriations. Directs the Secretary to establish a financial bonus program to reward outstanding facility energy managers in Federal agencies. Authorizes appropriations. Amends the Motor Vehicle Information and Cost Savings Act to direct the President to promulgate rules prohibiting each executive agency from acquiring any automobile with a fuel economy that is not greater than the average fuel economy for that particular model type for the previous model year. Directs the Secretary to submit to the Congress, and update every two years, a plan for demonstrating energy efficiency and renewable energy resource technologies in federally owned facilities. Amends REEETCA to require the Secretary to finance at least one joint venture for the demonstration of fuel cell technology in Federal facilities in order to accelerate commercial application of such cells. Authorizes appropriations. Directs the Secretary to study and report on the use of Federal purchasing power to encourage the development of more energy efficient products. Authorizes appropriations. Subtitle E: Utility Energy Efficiency - Amends the Public Utility Regulatory Policies Act of 1978 (PURPA) to direct States to require State-regulated utilities to employ a planning and selection process for new energy resources that evaluates the full range of existing and incremental resources in order to meet expected future demand at the lowest possible cost to society. Declares that the rates allowed to be charged by a State-regulated utility shall be such that: (1) the utility's investments in and expenditures for energy conservation, energy efficiency resources, and other demand-side management resources are at least as profitable as those for the construction of new generating equipment or the acquisition of other new supply-side resources; and (2) the utility is encouraged to make investments and expenditures for all cost-effective improvements in the energy efficiency of power generation and supply. States that the full cost of an energy resource shall include specified external costs associated with its use. Requires the Secretary to report annually to the Congress and certify which States have complied with such requirements. Declares that, beginning four years after enactment of this Act, energy efficiency measures shall be considered as "qualifying facilities" eligible for certain PURPA programs in States that have not adopted procedures to meet the requirements of this Act. Directs the Western, Southwestern, and Southeastern Power Marketing Administrations (PMAs) to ensure that they and their customer utilities acquire all cost-effective energy efficiency and renewable energy resources. Requires each long-term firm power contract between a PMA and a customer utility to require the utility to develop and implement an energy efficiency and renewable energy program. Requires such PMAs to implement programs directly to acquire cost-effective conservation and renewable energy resources in the region in conjunction with such utility programs. Requires the Tennessee Valley Authority (TVA) to: (1) develop a similar least-cost plan; and (2) execute similar long-term firm contracts with its customer utilities. Requires the Federal Energy Regulatory Commission (FERC) to: (1) develop an office of energy efficiency to coordinate FERC's energy conservation and efficiency activities; and (2) establish procedures for expedited review of any interstate power sales conducted in accordance with the purchasing utility's least-cost energy plan. Subtitle F: Used Oil Energy Production Act of 1991 - Used Oil Energy Production Act of 1991 - Amends the Energy Policy and Conservation Act to require a producer or importer of 100,000 gallons or more per year of lubricating oil to increase annually the percentage (set by the Secretary) of recycled oil either: (1) by refining, rerefining, or reprocessing it into petroleum products (including fuels); or (2) by purchasing certain oil recycling credits. Exempts certain facilities from such requirements. Requires annual reports to specified congressional committees. Authorizes appropriations. Amends the Solid Waste Disposal Act to direct the Administrator of the Environmental Protection Agency (EPA) not to list or identify used oil as a hazardous waste for certain purposes. Subtitle G: Tire Recycling Incentives - Tire Recycling Incentives Act - Amends the Solid Waste Disposal Act to require tire producers or importers to increase annually the percentage (set by the EPA Administrator) of scrap tires recycled either: (1) by retreading or processing new tire products; or (2) by purchasing certain tire recycling credits. Requires the EPA Administrator to report to the Congress on scrap tire recycling. Sets forth civil penalties for violations of this subtitle. Directs the EPA Administrator to: (1) publish in the Federal Register minimum requirements for State scrap tire management and procedures under which such requirements shall be incorporated into State solid waste management plans; (2) provide for expedited review of State plans which include specified scrap tire recycling measures; and (3) establish standards to minimize health and environmental damages from the improper disposal and storage of tires. Requires such standards to provide for: (1) bans on the disposal of tires in land disposal facilities and on the intentional infliction of damage on tire casings to preclude casings from being used in retreading; (2) State inventories of scrap tire collection facilities, tire advisory boards, and scrap tire abatement plans; (3) agreements between facilities which distribute more than 1,000 tires annually and licensed tire haulers for the exclusive hauling of scrap tires by licensed haulers; and (4) prohibitions on the transportation of scrap tires by transporters without transportation identification numbers. Specifies exceptions. Directs the Administrator to publish guidelines for States for the issuance of permits to scrap tire collection facilities. Requires the Administrator to promulgate guidelines for States for facility emergency plans. Requires facility owners or operators to notify the State immediately in the event of an emergency with potential offsite impacts. Requires all regulated facilities to have appropriate financial responsibility or insurance to maintain the facility for at least five years after closure. Exempts specified persons from permit requirements. Directs the Administrator to promulgate regulations for the State to use to issue permits to scrap tire recycling facilities. Requires the Secretary of the Interior, together with the heads of agencies responsible for public lands or military installations, to implement a plan to remediate tire piles. Directs the Administrator to develop a guideline for procuring items that make use of scrap or used tires. Requires Federal departments, if the Administrator fails to promulgate such guideline, to procure items containing at least 75 percent of post-consumer scrap rubber from scrap tires if the rubber is available within a reasonable time at a reasonable price and meets performance standards. Directs the Secretary of Commerce, acting through the Director of the National Institute of Standards and Technology, to publish standards to determine the life-cycle costs and benefits of items that make use of rubber from scrap or used tires as compared with items that make use of rubber other than from scrap or used tires. Directs the Secretary of Transportation to report to the Congress on: (1) direct worker environmental health effects relating to asphalt made from crumb rubber from scrap tires; (2) the recyclability of asphalt road surfaces made from crumb rubber from scrap tires; and (3) the estimated life of existing asphalt road surfaces made from crumb rubber from scrap tires. Permits States to: (1) enter into consent agreements with owners and operators of scrap tire collection facilities for proper management and abatement of scrap tires; and (2) levy fines on facilities for noncompliance. Imposes fines on tire facilities and landfills for specified violations of this Act. Authorizes appropriations. Subtitle H: Insular Areas Energy Assistance - Authorizes the Secretary of Energy (Secretary) to grant financial assistance to Insular area governments to carry out energy efficiency and renewable energy projects. Authorizes appropriations. Title III: Measures to Promote the Use of Renewable Energy - Subtitle A: Renewable Energy Technology Transfers - Amends REEETCA to authorize appropriations for: (1) renewable energy research and development programs; (2) State conservation programs; (3) State research and applied technology transfer programs; (4) Department of Energy (DOE) national laboratory information and publications; (5) four pilot programs to demonstrate model technology transfer and design assistance programs; (6) an advanced research and development information computer network; and (7) at least ten photovoltaic demonstration projects of at least ten megawatts in size to supply electric power to a power grid. Directs the Secretary to develop a Strategic Technology Transfer Implementation Plan for the national and international transfer of renewable energy and energy efficiency technology information. Amends the Federal Power Act and PURPA to: (1) make small biomass and hydropower production facilities specifically "eligible facilities" under such Act; and (2) define "alternative power production facility." Subtitle B: Amendments to the Committee on Renewable Energy Commerce and Trade (CORECT) - Amends the Energy Policy and Conservation Act to require the Committee on Renewable Energy Commerce and Trade (CORECT) to promote the development and application in lesser-developed countries of specified renewable energy and energy efficiency resource technologies. Authorizes CORECT to establish renewable energy industry outreach offices in the Pacific Rim and in the Caribbean Basin. Requires the Secretary to report to the Congress on the range of energy efficient and renewable energy technologies available to meet the energy needs of lesser-developed countries. Authorizes appropriations. Earmarks funds to assist U.S. manufacturers of renewable energy and energy efficient technology in exporting their products to lesser-developed countries. Title IV: Measures to Promote the Use of Alternative Motor Vehicles and Fuels - Subtitle A: Alternative Transportation Fuels - Authorizes the Secretary to enter into cooperative agreements and joint ventures to demonstrate the feasibility (including safety of specific vehicle design) of using natural gas or other alternative fuels for mass transit. Authorizes appropriations. Directs the Secretary to establish a program to provide financial assistance to encourage the development and commercialization of natural gas and other alternative fuel use in passenger fleets, light duty, and heavy duty trucks. Authorizes appropriations. Directs the Secretary of Labor to establish a training and certification program for technicians who are responsible for vehicle installation of equipment that converts gasoline or diesel-fuel vehicles to the capability to run on natural gas or other alternative fuels. Authorizes appropriations. Directs the Secretary of Energy to carry out a program of research, development, and demonstration on techniques related to improving natural gas and other alternative fuel vehicle technology. Authorizes appropriations. Directs the Secretary to: (1) institute an awareness program to educate potential purchasers of the costs, emission characteristics, and other features of alternative fuels; (2) report to the Congress on Federal purchasing policies which inhibit Federal purchase of alternative-fuel vehicles; (3) report to the Congress on how Federal, State, and local traffic control measures could promote the use of alternative-fuel vehicles; and (4) develop a plan for establishment of Federal and State trust funds to provide loans to convert vehicles to operate on alternative fuels or purchase alternative-fuel vehicles. Amends the Natural Gas Act to exclude the sale of natural gas as a vehicle fuel from the price regulation jurisdiction of FERC. Declares that a company shall not be considered a natural gas company under the Public Utility Holding Company Act of 1935 solely because it distributes or sells natural gas as a motor vehicle fuel. Exempts from State regulation as a public utility (unless otherwise primarily engaged in business as such) any person or entity transporting or selling alternative vehicle fuels. Directs the Secretary to establish a fund to provide 50 percent of the cost of establishing offices of alternative fuels in State governments, as well as alternative fuel programs launched by such offices. Authorizes appropriations. Requires the Secretary to study whether the use of alternative fuels in nonroad vehicles and engines would contribute substantially to reduced reliance on imported energy sources. Directs the Secretary to issue regulations requiring, where feasible, nonroad vehicles and engines to use alternative fuels if such study concludes that such use could reduce reliance on imported energy sources by ten percent nationwide within a ten-year period. Subtitle B: Alternative Fuel Fleet Requirement - Requires every person who owns, operates, leases, or otherwise controls a motor vehicle fleet of specified composition in a metropolitan statistical area of over 250,000 population which is also an EPA-classified nonattainment area to increase the percentage of alternative-fueled vehicles in such fleet by specified increments annually until it reaches 90 percent in the year 2000. Directs the Secretary to allocate credits to covered persons who exceed the required quota of alternative-fueled vehicles. Establishes administrative and civil penalties (together with appropriate enforcement procedures) for violations of the requirements or prohibitions of this subtitle. Subtitle C: Electric Vehicle Technology Development and Demonstration - Electric Vehicle Technology Development and Demonstration Act of 1991 - Directs the Secretary to identify EPA-classified nonattainment areas in the United States in which the use of conventionally fueled vehicles contributes significantly to that nonattainment and in which the use of electric vehicles could contribute to attainment of applicable National Ambient Air Quality Standards. Directs the Secretary, after identifying such areas, to request applications from, and eventually select, manufacturers to develop, demonstrate, certify, manufacture, sell, warranty, and service electric vehicles in one or more of them. Requires: (1) the selected manufacturers to offer electric vehicle purchasers certain discounts; and (2) the Secretary to reimburse them the amount of such discounts. Requires annual reports to the Congress on such program. Authorizes appropriations. Title V: Transportation and Energy Efficiency - Amends the Motor Vehicle Information and Cost Savings Act to establish average fuel economy standards for passenger automobiles and automobiles other than passenger automobiles (light trucks) for model years 1996 and thereafter. Authorizes the Secretary of Transportation to modify such standards, in response to a petition, according to a specified procedure. Requires the EPA Administrator to report annually to specified congressional committees on a study which: (1) examines the accuracy of fuel economy testing of passenger automobiles and light trucks; and (2) assesses the extent to which fuel economy deteriorates during the lifetime of such vehicles. Directs the Secretary of Energy to distribute at least 100 explanatory booklets each year to every dealer and additional numbers if requested. Requires the Secretary of Transportation to provide for a review and report to the Congress by the National Academy of Sciences on the current state of research and development in light truck fuel economy and passenger automobile fuel economy and an assessment of the potential for improving the fuel efficiency and reducing the energy consumption of passenger automobiles and light trucks. Requires the Secretary of Energy to study and report to the Congress on the future options for regulating the fuel efficiency of such vehicles beyond 2001. Provides for the judicial review of average fuel economy standards (including modifications thereof) established under this Act. Doubles the civil penalty for repeated violations of the fuel economy standard. Requires such penalty to be adjusted for inflation. Title VI: Measures to Displace Petroleum as a Vehicle Fuel - Replacement Fuels and Alternative Fuels Act of 1991 - Directs the Secretary of Energy (Secretary) to: (1) establish a program to promote the development and use of domestic-produced replacement and alternative fuels; and (2) prescribe the minimum percentage of domestic-produced replacement and alternative fuels, on an energy equivalent basis, to be sold in calendar years 1996 and 1997 by any refiner for use as a motor fuel. Amends the Motor Vehicle Information and Cost Savings Act to authorize the Secretary of Transportation, if the average fuel economy standard for passenger automobiles is increased above 27.5 miles per gallon for any model year, to increase the maximum increase in average fuel economy for a manufacturer attributable to dual energy and natural gas dual energy automobiles until alternative and replacement motor fuel sales indicate that such fuels are displacing conventional petroleum as a motor fuel. Sets forth civil penalties for violations of this Act and a procedure for appealing such penalties. Authorizes appropriations. Title VII: Measures to Promote the Use of Natural Gas - Directs the Secretary of Energy (Secretary) to conduct a program of research, development, and demonstration of cofiring (of natural gas and pulverized coal), including gas reburn technologies (which reduce nitrogen oxide emissions), in electric utility units and large industrial boilers in order to determine optimal natural gas injection levels for both environmental and operational benefits. Provides for financial assistance to or cooperative agreements with public or private entities under such program. Sets the Federal shares of costs at 50 percent. Authorizes appropriations. Directs the Secretary to expand the program for research, development, and demonstration for natural gas and electric heating and cooling technologies for residential and commercial buildings. Authorizes appropriations. Amends the Natural Gas Act to direct FERC to develop an incentive formula for rates and charges for the sale or transportation of natural gas. Sets as the development goals for such formula: (1) allowing natural gas companies to earn a fair rate of return; (2) providing proper price signals to the marketplace; and (3) rewarding pipeline efficiency. Repeals FERC's authority to delay decision-making on ratemaking orders beyond the 30-day rehearing requirement without cause. Requires FERC to take final action on a rehearing application within 60 days after it is filed. Permits natural gas companies to file for FERC approval joint rates negotiated by them for the transportation of natural gas through each of their pipelines in sequence on the way to market. Exempts such rates from coverage under specified antitrust law. Declares that, in the setting of natural gas company rates, a plant shall be recognized so long as it is used and useful in discharging the company's utility business (even if it is already completely depreciated). Declares that pipeline sales rates shall be presumed just and reasonable if workably competitive alternatives exist for such sales. Sets forth conditions under which new natural gas company services (where competitive, certified services already exist) do not need a certificate of public convenience and necessity. Amends the Natural Gas Act to provide automatic abandonment of the sales obligation upon contract expiration, subject to a pipeline's right to extend. Declares that any fixed charge paid by an interstate pipeline to a first seller for gas supply security shall be recoverable on an "as-billed basis" in the pipeline's demand charges, unless FERC determines, after a hearing, that the pipeline does not offer a reasonably competitive alternative to its sales service. Requires the Secretary to condition the approval of any natural gas import application upon FERC action to redress any anti-competitive impacts on U.S. gas producers, including competitive disparities resulting from different rate designs applied to the transportation of domestic gas and imported supplies. Directs the Secretary to expand and continue, through joint ventures, a program of research, development, and demonstration on techniques to increase: (1) intensive recovery of natural gas in place in discovered reservoirs or formations; and (2) economic recovery from nonconventional sources, including tight formation, Devonian shales, and geopressurized brines. Authorizes appropriations. Amends the Natural Gas Policy Act of 1968 to exempt from Natural Gas Act coverage and FERC jurisdiction the construction or operation of any facilities if the natural gas company constructing such facilities: (1) holds a certificate pursuant to which it has agreed to provide open access transportation service; and (2) the company agrees that such certificate shall apply to any transportation service through the new facilities. Requires all such facilities to be constructed in accordance with applicable environmental protection and safety laws and regulations, except the National Environmental Policy Act of 1978 (NEPA). Directs FERC to create an environmental review process under NEPA providing that pipeline construction projects which are confined to existing utility or highway corridors, and do not involve construction in high value wetland areas, shall be afforded a rebuttable presumption of no significant impact. Makes FERC the lead agency with primary authority for compliance with NEPA in any case where FERC authorization of the construction or operation of facilities or projects under the Natural Gas Act may be deemed a major Federal action. Amends the Natural Gas Act to grant FERC the power to issue certificates of public convenience and necessity in a two-phase process: (1) the first phase, which shall constitute a final order, involving all matters requiring FERC review and approval except environmental matters; and (2) the second phase, addressing required environmental matters only. Directs FERC to revise its environmental review procedures to allow pipelines to submit Environmental Assessments (EAs) at the time of filing for approval of proposed facilities, using general standards specified by FERC. Requires the revised procedures to presume EAs valid subject to FERC review for compliance with its own standards. Requires FERC to permit a certificate applicant to elect a contractor, consultant or other FERC designee to prepare the environmental impact statement at the applicant's expense. Requires FERC to develop procedures to ensure against conflicts of interest in such contracting. Directs the Office of Technology Assessment to study and report to the Congress on: (1) the global trends of production, usage, and transportation of natural gas and the ways in which these trends can affect domestic energy policy and the U.S. natural gas industry; and (2) State and locally imposed institutional and regulatory barriers to increase national natural gas usage. Title VIII: Tax Treatment of Energy Resources - Subtitle A: Renewable Energy Production Incentive - Amends the Internal Revenue Code to allow a renewable energy production credit for electric power plants that operate on solar, wind, and geothermal energy. Sets the credit at two cents (inflation-adjusted annually) per kilowatt hour produced and sold by the taxpayer to an unrelated person. Applies such credit only to facilities built during taxable years 1991 through 1996. Sets forth decreasing credit allowances for 1997 through 2001. Sets the credit for geothermal properties at half the credit for other renewable energy properties. Subtitle B: Transportation - Limits the exclusion from gross income of parking provided by the taxpayer's employer to parking located on the employer's premises only. (Currently the parking may be located on or near the premises.) Requires the employer to operate such facility and restrict substantially all its use to employees. Expands the working condition fringe exclusion from gross income to include up to $75 per month of any van pooling or reimbursement for public mass transit use provided by the taxpayer's employer. Subtitle C: Buildings and Housing Tax Credits - Allows an individual a tax credit of up to $100 of qualified oil retrofit conservation expenditures ($50 in the case of a married individual filing a separate return) for the taxpayer's principal residence. Defines oil retrofit component to include: (1) flame retention burners; (2) insulation measures and water-heater wraps; (3) automatic thermostat controls; and (4) window insulation measures. Subtitle D: Utilities - Excludes from gross income the amount (if in cash) or value (if in kind) of any subsidy (rebate) provided by a public utility to a customer in connection with the purchase, installation, use, or maintenance of any energy or water conservation measure or for energy savings delivered by such measures. Denies any deduction or credit to the extent of any such subsidy excluded from gross income. Declares that this tax exclusion does not apply to any payment to a qualified cogeneration facility or qualifying small power production facility under PURPA. Subtitle E: Automobiles and Trucks - Safe and Efficient Vehicles Incentives Act of 1991 - Establishes: (1) taxes on the sale of each new motor vehicle whose fuel economy is less, or whose composite safety factor is less, than the respective sales-weighted average fuel economy or average composite safety factor of all new motor vehicles within the same class; and (2) rebates for the purchase of each new motor vehicle whose fuel economy is greater, or whose composite safety factor is greater, than the respective sales-weighted average fuel economy or composite safety factor of all new motor vehicles within the same class. Sets forth formulae for the calculation of such taxes and rebates. Requires the Secretary of the Treasury to publish in the Federal Register and notify each manufacturer or importer of such formulae annually. Requires labeling boldly displaying such taxes and rebates on all vehicles for sale. Provides for collection of taxes and disbursement of rebates. Sets forth formulae for the calculation of sales-weighted average fuel economies and composite safety factors. Subtitle F: Domestic Oil and Gas Production Incentives - Removes the net income limitation on the percentage depletion allowance deduction for oil and gas wells. Allows a tax credit for up to ten percent of the qualified cost of each barrel of crude oil produced from an economically marginal well (including certain stripper wells) or recovered through a tertiary recovery method. Provides for carryback or carryforward of unused credit. Allows a tax credit for specified percentages of the taxpayer's qualified investment in crude oil and natural gas exploration and development wells. Eliminates intangible drilling costs as tax preference items. Allows deduction of specified drilling costs from the Alternative Minimum Tax calculation. Repeals the taxable income limitation on the percentage depletion allowance. Allows the carryforward of excess depletion allowances. Repeals a specified Revenue Ruling with respect to mineral sharing arrangements. Allows the nonconventional source fuels credit to offset the Alternative Minimum Tax liability. Repeals the January 1, 1993, termination date for such credit, thus making it permanent.
United States · United States Congress · 21 March 1991
Hazardous Pollution Prevention Planning Act of 1991 - Declares it to be the national policy to achieve a 50 percent reduction in toxic chemical byproduct levels (from 1991 levels) by 1996. Requires owners or operators of facilities required to submit toxic chemical release forms under the Superfund Amendments and Reauthorization Act of 1986 to prepare Hazardous Pollution Prevention Plans. Requires a Plan to include for each chemical for which forms are required: (1) a statement of the scope and objective of the Plan; (2) an evaluation of the amount of the chemical manufactured, processed, or used for the facility and for each production unit and the quantity of byproduct for each unit; (3) an analysis of the economic impacts of the use of each chemical in the production unit; (4) two- and five-year numerical goals for reductions in the use of the chemical and byproducts of the chemical; (5) an economic and technical evaluation of all methods for achieving reductions; (6) identification of technologies, procedures, and training programs to achieve reduction goals; (7) an evaluation and quantification of the effects of the chosen hazardous pollution prevention methods on emissions to air, water, or land; (8) a schedule of implementation of each technology, procedure, and training program; and (9) a compliance certification by the chief executive officer that the Plan is being implemented and complies with this Act. Sets forth additional Plan requirements for large quantity generators. Provides for Plan updates. Authorizes the Administrator of the Environmental Protection Agency to grant a facility an extension of up to 12 months to comply with Plan requirements. Permits owners or operators to waive implementation of a Plan measure if the measure: (1) is not technically feasible; or (2) would result in adverse effects on product quality or threaten public health or the environment. Requires owners or operators to make the Plan and other relevant documents available to the Administrator or a State for inspection. Sets forth facility reporting requirements. Requires facilities to file reports with each annual filing of the toxic chemical release form. Makes reports available to the public. Directs the Administrator or a State to issue notices of noncompliance to facilities with deficient reports or Plans. Requires such facilities to submit revised reports or Plans. Authorizes States to submit hazardous pollution prevention programs to the Administrator for approval. Sets forth minimum program requirements. Requires the Administrator to make matching grants to States to provide assistance for hazardous pollution prevention planning. Limits the Federal share of grants to 50 percent of the funds made available to a State. Directs the Administrator to establish toxic chemical reduction research programs at the Hazardous Substance Research Centers operated pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980. Requires the Administrator to establish a demonstration program to provide regulatory incentives for achieving reductions in the use of toxic chemicals and byproducts. Authorizes the Administrator to designate up to 50 facilities for inclusion in the program. Permits the Administrator to modify, for a facility included in the program, the requirements of any permit or agreement. Sets forth requirements concerning modifications. Limits modifications to periods of up to 12 months. Permits renewals of modifications, as appropriate. Requires the Administrator to identify up to five user segments which need improvements in reducing the amount of byproduct, when compared to the national goal, and in reducing the use of toxic chemicals. Designates such segments as "priority user segments." Defines a "user segment" as a class of facilities that may be distinguished by at least one of the following: (1) use of a toxic chemical or class of chemicals in its industrial processes; (2) similar industrial processes; or (3) members of a generally recognized group (Standard Industrial Classification). Directs the Administrator to designate an additional five user segments every 12 months. Requires the Administrator to publish guidance for obtaining reductions in use of toxic chemicals and byproducts at facilities within priority user segments. Directs each large quantity toxic user within a priority user segment to conduct a hazardous pollution prevention audit. Requires compliance audits at facilities which may present a threat to human health or welfare or the environment. Directs such facilities to implement recommendations contained in the audit. Requires the Administrator to conduct programs to train individuals to conduct hazardous pollution prevention and compliance audits and to certify individuals and organizations as proficient in environmental auditing. Directs the Administrator to: (1) publish a general manual of methods and protocols of environmental auditing; and (2) promulgate regulations governing the testing and certification of auditors. Limits certifications to a period of five years. Permits the Administrator to collect fees for training and certification programs. Requires the Administrator to provide for random tests of the accuracy of data and analyses conducted by organizations certified to conduct audits. Establishes an Environmental Audit Oversight Board to advise the Administrator in the implementation of audits and the certification of auditors. Sets forth provisions concerning the confidentiality of information required to be disclosed under this Act. Prescribes civil penalties for disclosure of protected information. Sets forth requirements for persons seeking protection of information. Prescribes civil penalties for specified violations of this Act. Authorizes the denial of permits to owners or operators who fail to: (1) prepare or submit a Plan, report, or updates; (2) submit information required for audits or to implement audit recommendations. Authorizes appropriations.
United States · United States Congress · 21 March 1991
Reduction of Metals in Packaging Act - Directs the Administrator of the Environmental Protection Agency (EPA) to issue regulations prohibiting the sale or promotion in the United States of any packaging that includes inks, dyes, pigments, adhesives, stabilizers, other additives, lead, cadmium, mercury, or hexavalent chromium intentionally introduced during manufacturing or distribution. Sets forth the maximum allowable concentration level of the sum of such elements in packaging. Makes such regulations inapplicable (for a specified period) for packaging: (1) that was manufactured prior to this Act's effective date; (2) to which lead, cadmium, mercury, or hexavalent chromium have been added to comply with Federal health or safety requirements or for which there is no feasible alternative, provided that the manufacturer petitions EPA for the exemption; or (3) that would not exceed the maximum contaminant levels set forth in this Act but for the addition of post-consumer materials. Requires packaging manufacturers or suppliers to furnish certificates of compliance (with respect to this Act's requirements) to purchasers. Authorizes the assessment of civil penalties for violations of this Act. Sets forth requirements with respect to public access to certificates of compliance.
United States · United States Congress · 21 March 1991
Amends the Federal Water Pollution Control Act to require Environmental Protection Agency (EPA) water quality criteria for any pollutant to be the standard for such pollutant in any State that has not adopted water quality standards, or has adopted less stringent standards, for such pollutant. Requires Federal agencies or applicants for Federal licenses or permits proposing to conduct any activity which may result in a discharge into navigable waters or the waters of the contiguous zone, or in water quality degradation or impairment of water uses, to provide State certifications that the discharges will comply with certain provisions of the Federal Water Pollution Control Act. Amends the Marine Protection, Research, and Sanctuaries Act of 1972 to permit States to adopt criteria, rules, or regulations relating to ocean dumping within their jurisdiction only if such criteria, rules, or regulations are more stringent and protective of waters and sediment than those adopted pursuant to such Act. Amends the Federal Water Pollution Control Act to permit the EPA Administrator, upon finding that a person has failed to obtain an ocean discharge certification or is violating the conditions of such certification, to: (1) order such person to cease activities resulting in discharges until in compliance with such conditions; or (2) bring a civil action. Prohibits the issuance of permits for discharges into the territorial sea or the contiguous zone until the Administrator provides States whose waters may be affected by such discharges an opportunity to comment or impose conditions with respect to water quality on such permits. Declares that an EPA regulation authorizing the issuance of permits (under certain conditions) for discharges into the marine environment where there is insufficient information to determine possible environmental degradation shall be null and void.
United States · United States Congress · 21 March 1991
Small Community Environmental Infrastructure Assistance Act of 1990 - Title I: Small Community Environmental Infrastructure Assistance - Directs the Administrator of the Environmental Protection Agency to make grants to States for the establishment of small community environmental infrastructure revolving funds. Makes such funds available to small communities for the construction of wastewater treatment works, public water systems, and solid waste management facilities and for assuring that underground storage tanks are in compliance with the Solid Waste Disposal Act. Sets forth provisions concerning grant payment schedules and allotment and reallotment requirements. Requires States to establish revolving funds to receive such grants. Sets forth specific requirements for the use of such funds and for the loans and grants to be provided to small communities. Permits States to provide assistance only to community wastewater treatment and solid waste management facilities and public water systems that are in compliance with plans under the Federal Water Pollution Control Act, the Safe Drinking Water Act, and the Solid Waste Disposal Act, as appropriate. Requires States to submit plans to the Administrator that identify the intended use of the revolving funds. Directs States to reserve the greater of one percent of fund sums or $100,000 to carry out planning. Provides for the withholding of grant payments if a State is not in compliance with this Act's requirements. Requires the Administrator to establish an Office of Small Community Environmental Infrastructure Assistance to: (1) oversee and manage the grants and funds made under this title; and (2) provide specified environmental and financial information to small communities. Authorizes the Office to provide grants to States and not-for-profit organizations to assist small communities in assessing issues related to the financing of environmental facilities, compliance with environmental laws, and the construction, operation, and rehabilitation of environmental infrastructure facilities. Requires such grants to be matched by non-Federal funds. Authorizes and allocates appropriations. Title II: Environmental Infrastructure Facilities for Economically Distressed Areas - Establishes an Office of Community Environmental Infrastructure Assistance within the Directorate of Civil Works of the Office of the Chief of Engineers to implement this title. Makes funds provided under this title available for the construction of wastewater treatment works, public water systems, and solid waste management facilities. Provides that such funds shall be available only for environmental infrastructure projects serving less than 25,000 persons that are located in economically distressed areas. Authorizes State Governors to submit State Priority Project Plans to the Secretary of the Army. Directs the Secretary to submit annual Economically Distressed Area Environmental Infrastructure Assistance Plans to the Congress. Authorizes the Secretary to enter into local cooperation agreements to provide for the planning, design, and construction of environmental infrastructure projects. Requires the Secretary to assure that local cooperation agreements are signed for a project from each State submitting a Priority Project Plan. Requires the Administrator to publish guidelines for the design of wastewater treatment, public water supply, and solid waste disposal facilities pursuant to this title. Provides for the review and revision of such guidelines at least every five years. Directs the Secretary to establish an Office of Environmental Infrastructure Assistance. Authorizes appropriations. Title III: Financing of Public Owned Treatment Works - Amends the Federal Water Pollution Control Act to authorize owners of publicly owned treatment works to issue debt with respect to any treatment works that has received financial assistance under such Act and to pledge, as security for repayment of such debt obligation, revenues realized from the operation of the treatment works, subject to the prior payment of the costs of proper operation and maintenance. Permits such financing only if at least 95 percent of the proceeds of the debt issuance will be used for: (1) the construction portion of a program for the rehabilitation or expansion of the treatment works; or (2) the establishment of financial mechanisms to subsidize or stabilize rates, provide for equipment repair or replacement, or provide for other uses that benefit the ratepayers of the treatment works. Authorizes such financing only if the owner of the treatment works obtains a prior determination from the State agency responsible for administering the State water pollution control revolving fund that the proceeds will be used for such purposes. Permits State water pollution control revolving funds to be used to guarantee, or purchase insurance or letters of credit for, local obligations for equipment, facilities, or plants to be used in conjunction with treatment works.
United States · United States Congress · 21 March 1991
Declares that the Senate: (1) extends a warm welcome to His Excellency Lech Walesa, President of the Republic of Poland, upon the occasion of his State Visit to the United States; (2) recalls the historic ties between the people of both countries; (3) applauds his commitment to economic and political reform; (4) reaffirms the Senate's and U.S. people's support for the independence and security of Poland; (5) looks forward to cooperation with Poland on issues relating to security and stability in Europe; and (6) commends the Bush Administration's decision to reduce Poland's debt to the United States, applauds the Paris Club's decision to reduce Poland's foreign debt, and urges Poland's private creditors to do the same.
United States · United States Congress · 20 March 1991
Fairness for Adopting Families Act - Amends the Internal Revenue Code to permit an individual income tax deduction for qualified adoption expenses. Includes as deductible reasonable and necessary expenses that are directly related to a legal adoption of any child if the adoption has been arranged by a State, local, or other nonprofit agency, or through a private placement. Excludes from an employee's gross income any amounts paid on behalf of the employee by an employer pursuant to a qualified adoption assistance program. Limits both the deduction and the exclusion to $5,000. Reduces the amount when the taxpayer's income exceeds $60,000. Permits an employer to treat an adoption assistance program as a statutory employee benefit plan, thus making the employer's contributions to such a program tax deductible as business expenses.
United States · United States Congress · 20 March 1991
Replacement and Alternative Fuels Act of 1991 - Requires the Secretary of Energy to establish a program to: (1) promote the development and use of domestic-produced replacement and alternative fuels to replace conventional petroleum motor fuels; and (2) ensure the availability of those replacement and alternative motor fuels which will have the greatest impact in improving air quality. Prescribes development plan and production goals. Sets a timetable by which the Secretary must prescribe the minimum percentage of domestic-produced replacement and alternative fuels on an energy equivalent basis to be sold in specified calendar years by any refiner for use as a motor fuel. Prescribes minimum percentages of domestically produced replacement fuel to be sold in specified calendar years. Requires the Secretary to promulgate regulations for the exchange of marketable credits among: (1) refiners; (2) distributors of alternative motor fuels sold in commerce for transportation purposes; and (3) manufacturers of electricity-powered automobiles. Requires each refiner to report annually to the Secretary the percentage of domestic-produced replacement fuel, on an energy equivalent basis, contained in the total quantity of motor fuel sold during the preceding calendar year, and the amount of alternative motor fuels, sold or credited to such refiner during such year. Requires each distributor of alternative fuel to report annually to the Secretary the amount of alternative fuel sold into commerce for transportation purposes, and the amount of credits sold to refiners. Requires the Secretary of Transportation to report annually to the Secretary of Energy the number of dual fuel and dedicated alternative fuel vehicles manufactured and sold into commerce by each manufacturer each year. Requires the Administrator of the Environmental Protection Agency to report to the Congress on the environmental impact potential of developing replacement fuels and alternative motor fuels. Amends the Motor Vehicle Information and Cost Savings Act to provide that if the average fuel economy standard applicable to passenger automobiles is increased above a specified level for any model year, the Secretary of Transportation may increase the maximum increase in average fuel economy for a manufacturer attributable to dual energy and natural gas dual energy automobiles to the extent that alternative and replacement motor fuel sales indicate that such fuels are being used to displace the use of conventional petroleum as a motor fuel. Establishes civil penalties for violations of this Act. Authorizes appropriations. Requires the Secretary of Transportation to issue regulations requiring certain gasoline retailers to have available for sale, in addition to replacement motor fuels, other alternative motor fuels.
United States · United States Congress · 20 March 1991
American Health Security Act of 1991 - Amends the Internal Revenue Code to impose an excise tax on insurance companies which do not meet mandatory policy and guaranteed issuance requirements and specific contractual requirements concerning coverage, rating, or disclosure and recordkeeping with respect to accident and health insurance provided to small employers. Permits Federal-State agreements to: (1) apply State laws in lieu of this Act; or (2) provide for States to determine if insurers are in compliance with such Act.
United States · United States Congress · 20 March 1991
Recognizes the role of the National Railroad Passenger Corporation (Amtrak) in preserving a national rail passenger system and providing Americans with an energy efficient, environmentally preferable transportation alternative. Declares that the need for a balanced national transportation system dictates that transportation planners consider the many advantages of improved rail passenger services as they look to addressing national and regional transportation concerns.
United States · United States Congress · 14 March 1991
Department of Veterans Affairs Health-Care Personnel Act of 1991 - Redesignates the Veterans Health Services and Research Administration in the Department of Veterans Affairs (Department) as the Veterans Health Administration. Title I: Special Pay for Physicians and Dentists - Department of Veterans Affairs Physician and Dentist Recruitment and Retention Act of 1991 - Revises Federal provisions relating to special pay for Department physicians and dentists. Directs the Secretary of Veterans Affairs, in order to recruit and retain highly qualified physicians and dentists, to provide special pay to such individuals under regulations prescribed by the Secretary after the Secretary has received the recommendations of the Chief Medical Director (CMD) of the Department. Conditions such special pay upon the execution of a written agreement by the physician or dentist to perform a period of obligated service within the Veterans Health Administration (VHA). Provides that such individual is not entitled to such special pay during the first three years of such service, except at the discretion of the Secretary for full-time services. Prohibits special pay for those physician and dentist positions for which there is no significant recruitment and retention problem. Authorizes the CMD to approve the payment of special pay to physicians and dentists employed on a less than half-time basis in specified circumstances. Prohibits the payment of special pay to physicians and dentists who: (1) are employed on less than a quarter-time or intermittent basis; (2) are in an internship or residency training position; or (3) are reemployed annuitants. Allows the Secretary to provide retention pay to physicians and dentists formerly receiving special pay but no longer eligible under new requirements outlined in this Act. Sets forth requirements of a written agreement, including provisions providing for: (1) a covered period of one to four years, with renewal permitted upon full completion of a prior agreement; (2) refunding of special pay on a prorated basis for unfulfilled services; (3) the waiver of such refund requirement due to circumstances beyond the control of the physician or dentist; (4) the inclusion of terms under which the Secretary and the physician or dentist may terminate the agreement; and (5) special review by the Secretary of an agreement which will differ radically (provide more than 50 percent more or more than 25 percent less) from special pay received under previous agreements or which, when added to basic pay, will exceed certain limits. Requires the Secretary to include in annual reports information concerning agreements approved or disapproved by the Secretary under which special pay differed radically or which, when combined with basic pay, exceeded a specified limit. States that all such pay limitation requirements and reports shall not apply to a proposed agreement entered into after FY 1994. Directs the Secretary to adjust special pay as necessary to reflect any change in status of a physician or dentist from part-time to full-time or vice versa. Directs the Secretary to provide special pay to eligible full-time physicians based upon specified factors, including: (1) tenure within the VHA; (2) service in a medical specialty for which it is extremely difficult to recruit and retain qualified professionals; (3) service in certain executive positions; (4) specialty or board certifications; (5) service in a geographic location for which there are extraordinary difficulties in the recruitment or retention of qualified personnel; and (6) service by a physician with exceptional qualifications within a specialty. Requires all special pay for such full-time physicians to be personally approved by the CMD on a case-by-case basis. Sets forth conditions and limitations to the payment of such special pay. Directs the Secretary to provide special pay to part-time eligible physicians based upon similar factors. Requires the Secretary to pay each such physician an amount of special pay equal to the proportion of full-time service that physician performs, up to a specified limit. Directs the Secretary to provide special pay to eligible full-time and part-time dentists based upon similar factors. Prohibits physicians or dentists receiving special pay for service in certain executive positions from receiving scarce specialty pay (another form of special pay that rewards scarce specialty areas of practice). Requires, with regard to the payment of special pay, determinations: (1) that there are extraordinary difficulties in recruitment or retention; (2) of the specific rate of special pay to be paid to each physician or dentist eligible; and (3) of whether there are extraordinary difficulties in a specific geographic location in the recruitment or retention of qualified physicians or dentists. Sets forth considerations for determinations with respect to extraordinary recruitment and retention difficulties and the payment of special pay for individual medical facilities of the Department. Provides minimum rates for the payment of special pay. Outlines the manner in which special pay is to be considered for purposes of other benefits laws for Federal employees. States that it is the policy of the Congress to assure that total pay for VHA physicians and dentists is comparable to total pay of other Government physicians and dentists and to the income of non-Federal physicians and dentists. Directs the Secretary: (1) in order to assist in implementing such policy, to obtain measures of income of such non-Department physicians and dentists and to define the bases for pay distinctions; (2) to report to the President quadrennially on appropriate amounts of special pay to VHA physicians and dentists to carry out such policy; and (3) to report to specified congressional committees annually on the use of authorities under this title. Allows the Secretary to authorize the CMD to pay advance payments, recruitment or relocation bonuses, retention allowances, and interview expenses to the following personnel in the same manner currently provided under Federal employment provisions: physicians, dentists, podiatrists, optometrists, registered nurses, physician assistants, and expanded-function dental auxiliaries. Directs the Secretary to reimburse any full-time board-certified physician or dentist appointed in the VHA for expenses incurred, up to $1,000 per year, for continuing professional education. Title II: Labor-Management Relations - Department of Veterans Affairs Labor Relations Improvement Act of 1991 - Directs the Secretary to prescribe the hours and conditions of employment and leaves of absence of the following VHA employees: physicians, dentists, podiatrists, optometrists, nurses, physician assistants, and expanded-duty dental auxiliaries. Provides that the authority of the Secretary to prescribe regulations with regard to such employees is subject to the right of Federal employees to engage in the collective bargaining process with respect to conditions of employment. States that such collective bargaining may not cover, or have any applicability to, any matter or question arising out of: (1) professional conduct or competence; (2) peer review; or (3) the establishment, determination, or adjustment of employee compensation. Requires any VHA employee who accepts responsibilities for professional services for remuneration other than assigned responsibilities to work a minimum 80-hour biweekly amount. Outlines those outside activities and responsibilities that such a person may not engage in or take on while an employee of the Department. Provides that whenever the CMD brings charges against a Department employee based on conduct or performance and, as a result of those charges, an adverse (disciplinary) action is taken against the employee, the employee shall have the right to appeal the action, either through: (1) a Disciplinary Appeals Board; (2) Department procedures; or (3) grievance procedures provided through collective bargaining, depending on the type of action involved. Requires the Secretary to publish in the Federal Register any proposed regulations prescribed concerning the collective bargaining or adverse action procedures. States that Disciplinary Appeals Boards shall have exclusive jurisdiction to review any case: (1) which arises out of a question of professional conduct or competence of an employee of the Department employed on a full-time basis under a permanent appointment; and (2) in which a major adverse action was taken (suspension, transfer, reduction in grade or pay, or discharge). Gives employees involved in such a case the right to: (1) advance written notice of the charges and actions that could be taken if the charges are sustained; and (2) an opportunity to be heard both orally and in writing on such charges. Requires a decision on such case by a deciding official within 21 days after the employee's response to the charges. Allows for a delay in a proposed action for up to one year while an employee seeks counseling or treatment for a condition covered under the Rehabilitation Act of 1973. Allows the Secretary to require an employee to make a written or oral response to the charges within 30 days of receipt, with extension for good cause shown. Outlines further administrative action to be taken by the Board in a major adverse action appeals procedure, together with time limitations involved in each step. States that the Secretary's execution of the Board's decision shall be the final administrative action in the case, with the affected employee entitled to judicial review of the order or decision. Requires the Secretary to prescribe procedures for the consideration of grievances of Department employees arising from adverse actions in which each action taken either: (1) is not a major adverse action; or (2) does not arise out of a question of professional conduct or competence. States that Disciplinary Appeals Boards shall not have jurisdiction to review such matters other than as part of a mixed case. States that review of an adverse action shall be provided through either Department procedures or through grievance procedures provided through collective bargaining. Outlines the rights of employees under the Department procedures to: (1) a formal review by an impartial examiner within the Department; (2) a prompt report of findings; (3) a prompt review of the examiner's findings by a higher official; and (4) legal or other representation in adverse action reviews under grievance procedures. Requires the Secretary to appoint Disciplinary Appeals Boards to hear appeals of major adverse actions taken against full-time Department employees and based on professional conduct or performance. Authorizes the chairman of such a Board to authorize disclosure to the affected employee of records or information to be reviewed during an appeal procedure. Provides for the protection of the privacy of the individuals whose records are involved. Requires the Secretary to periodically designate Department employees qualified to serve on Disciplinary Appeals Boards and to announce that a list of such qualified employees is available to any person requesting such list. Requires the Secretary to provide training in the functions and duties of such Boards and grievance procedures for employees selected to be on the panel. Title III: Miscellaneous - Requires physician assistants and expanded-function dental auxiliaries to be paid in accordance with a Nurse Schedule in effect on August 14, 1990, until the effective date of a determination by the Secretary to convert those occupations to covered positions under provisions enacted by the Department of Veterans Affairs Nurse Pay Act of 1990. Authorizes the CMD to determine the rates of pay with respect to covered Department regional and central office employees in certain grades. Requires the CMD to prescribe regulations for the adjustment of basic pay rates for such employees in order to assure that those rates are sufficient and competitive. Amends the Veterans' Health Care Amendments of 1986 to extend through FY 1991 a required annual report on the furnishing of nonservice-connected health care services to veterans. Allows the Secretary to submit an administrative reorganization plan at any time during the year. Requires a 90-day congressional notification period to expire before the Secretary may implement the reorganization. Defines a covered administrative reorganization as one involving a reduction during any fiscal year in the number of full-time equivalent employees by: (1) 15 percent or more (currently, ten); or (2) a percent which, when added to the percentage reduction in the number of such employees at a covered office or facility for the preceding fiscal year, is 25 percent (currently, 15) or more. Requires a report from the Secretary to the veterans' committees for the reorganization of any unit of the central office of the Department that is the duty station of 30 or more employees (currently, more than 25 but less than 100). Title IV: Reorganization and Redesignation of Parts IV, V, and VI of Title 38 - Reorganizes through recodification within Federal law various provisions relating to the organization and functions of the VHA, including provisions relating to organization, general authority and administration, patient rights, and research corporations within the VHA.
United States · United States Congress · 14 March 1991
Directs the Secretary of Agriculture to establish through December 31, 1991, a minimum basic formula price for Class I (beverage use) milk that shall not be less than the August 1990 price. Pools the proceeds from such formula uniformly among producers. Directs the Secretary to make loan guarantees for facility upgrades through December 31, 1992. Sets forth minimum solid content for beverage milk (whole, lowfat, and skim). Amends the Agricultural Act of 1949 to direct the Commodity Credit Corporation to encourage the export of heifers through the export enhancement program under specified conditions.
United States · United States Congress · 13 March 1991
WIC Infant Feeding Initiative Act of 1991 - Amends the Child Nutrition Act of 1966 with regard to the procurement of infant formula for the special supplemental food program for women, infants, and children (WIC) to provide for: (1) regional competitive manufacturer bidding, including bids for specific formulas designed to increase the number of manufacturers bidding; and (2) disqualification for up to two years for premature bid disclosure.
United States · United States Congress · 13 March 1991
Title I - Product Liability Fairness Act - Declares that this Act governs any product liability action brought against a manufacturer or product seller, on any theory, for harm caused by a product. States that a civil action brought against a manufacturer or product seller for loss or damage to a product itself or commercial loss shall be governed by applicable commercial or contract law. Supersedes any inconsistent State law regarding recovery in such actions. Lists specific laws not superseded, including: (1) defense of sovereign immunity asserted by any State or by the United States; (2) any Federal law (except the Federal Employees Compensation Act and the Longshore and Harbor Workers' Compensation Act); (3) the Foreign Sovereign Immunities Act of 1976; (4) State choice-of-law rules; (5) the right of any court to transfer venue or to apply the law of a foreign nation or to dismiss a claim of a foreign nation or citizen on the ground of inconvenient forum; and (6) any statutory or common law cause of action, including an action to abate a nuisance, that authorizes a State or person to institute an action for civil damages or civil penalties, clean up costs, injunctions, restitution, cost recovery, punitive damages, or any other form of relief from contamination or pollution of the environment or the threat of it. Declares that U.S. district courts shall not have jurisdiction over any civil action under this Act, based on specified provisions of Federal law relating to district court jurisdiction. Declares that, if any provision of this Act would shorten the period during which a manufacturer or seller would otherwise be exposed to liability, the claimant may, notwithstanding that period, bring any civil action under this Act within one year after the effective date of this Act. Title II - Allows any claimant to bring a civil action for damages against a person for harm caused by a product under applicable State law, except to the extent such law is superseded by this title. Sets forth expedited settlement measures, including: (1) an option to include an offer of settlement, for a specific dollar amount, by the plaintiff in the complaint and by the defendant in a responsive pleading; and (2) awarding attorney's fees and costs, in certain circumstances, to the prevailing party if the other party does not accept the settlement offer. Sets forth alternative dispute resolution procedures, including: (1) an option, in lieu of or in addition to a settlement offer, for a claimant or a defendant to offer to proceed under any voluntary alternative dispute resolution procedure established or recognized under the law of the State in which the action is brought or maintained; and (2) awarding of attorney's fees and costs to the offering party if the court determines that a refusal to so proceed was unreasonable or not in good faith. Creates a rebuttable presumption that a refusal to so proceed was unreasonable, or not in good faith, if a verdict is rendered in favor of the offeror. Title III - Allows a person seeking to recover for harm caused by a product to bring a civil action against the manufacturer or seller under applicable State or Federal law, except to the extent such law is superseded by this Act. Establishes a standard of product seller liability for proximate causes of harm, established by a preponderance of the evidence, which fall under the categories of negligence or express warranty. Allows the trier of facts, in a negligence action, to consider the conduct of the seller with respect to: (1) the construction, inspection, or condition of the product; and (2) failure to pass on warnings or instructions from the manufacturer. Deems the seller not liable for failure to provide warnings or instructions unless the claimant establishes that the seller failed to: (1) provide warnings or instructions received while the product was in the seller's possession and control; or (2) make reasonable efforts to provide users with warnings and instructions which it received after the product left its possession and control. Deems a seller not liable except for breach of warranty where there was no opportunity to inspect the product in a manner which would or should, in the exercise of reasonable care, have revealed the aspect which allegedly caused the harm. Declares that the seller shall be treated as the manufacturer and be liable for harm caused by a product as if it were the manufacturer if: (1) the manufacturer is not subject to service of process in any State in which the action might have been brought; or (2) the court determines that the claimant would be unable to enforce a judgment against the manufacturer. Allows punitive damages, if otherwise permitted by applicable law, to be awarded in any civil action under this title to any claimant who establishes by clear and convincing evidence that the harm suffered was the result of conduct manifesting a manufacturer's or product seller's conscious, flagrant indifference to the safety of those persons who might be harmed by a product. Declares that a failure to exercise reasonable care in choosing among alternative product designs, formulations, instructions, or warnings is not of itself such conduct. Prohibits awarding punitive damages in the absence of a compensatory award, subject to exception. Prohibits punitive damages against a manufacturer or seller of a drug or medical device where: (1) the drug or device was subject to pre-market approval by the Food and Drug Administration (FDA); or (2) the drug is generally recognized as safe and effective under conditions established by the FDA. Prohibits punitive damages against a manufacturer of an aircraft where: (1) the aircraft was subject to pre-market certification by the Federal Aviation Administration (FAA); and (2) the manufacturer complied, after delivery, with FAA requirements and obligations with respect to continuing airworthiness. Provides for separate proceedings, if requested by the manufacturer or seller, with regard to punitive damages. Lists factors the trier of fact is allowed to consider in determining the amount of punitive damages. Bars any civil action under this title: (1) unless filed within two years after the claimant discovered or should have discovered the harm and its cause, subject to exception; and (2) if the product involved is a capital good that is alleged to have caused harm which is not a toxic harm unless filed within twenty-five years after delivery of the product, provided the claimant has received or would be eligible for State or Federal workers' compensation. Excludes a motor vehicle, vessel, aircraft, or railroad used primarily to transport passengers for hire from these time limitations. States that nothing in these provisions affects the right of any person who is subject to liability under this Act to obtain contribution or indemnity from any other person who is responsible for the harm. Requires reduction in the damages awarded by the sum of all State or Federal workers' compensation benefits to which the employee is or would be entitled. Requires a claimant in a civil action under this title who is or may be eligible to receive State or Federal workers' compensation to notify the claimant's employer of the civil action. Requires an action to be stayed, at the sole discretion of the claimant, until a final determination is made on the amount payable as workers' compensation benefits. Declares that, unless the manufacturer or seller has expressly agreed to indemnify or hold an employer harmless, neither the employer nor the workers' compensation insurance carrier shall have a right of subrogation, contribution, or implied indemnity against the manufacturer or seller or a lien against the claimant's recovery, except if the claimant's harm was not in any way caused by the fault of the claimant's employer or co-employees. Allows the employer or workers' compensation insurer to intervene in the action to prove that fact. Prohibits a third party tortfeasor, where workers' compensation is involved, from maintaining any action for implied indemnity or contribution against the employer, any coemployee, or the exclusive representative of the injured person. Prohibits, for a person who is or would have been entitled to receive workers' compensation, any other action, unless a State or Federal workers' compensation law permits recovery based on a claim of an intentional tort. Makes these provisions inapplicable and declares that applicable State law shall control if the employer or the workers' compensation insurer asserts a right of subrogation, contribution, or implied indemnity against the manufacturer or seller or a lien against the claimant's recovery. Declares that, in any product liability action, the liability of each defendant for noneconomic damages shall be several and not joint. Requires the trier of fact to determine the proportion of responsibility of each party for the claimant's harm. Establishes a complete defense, in any civil action under this Act in which all defendants are manufacturers or sellers, that the claimant was under the influence of alcohol or any drug and that, as a result, the claimant was more than 50 percent responsible for the event which resulted in the harm. Defines "drug" to mean any non-over-the-counter drug which has not been prescribed by a physician.
United States · United States Congress · 12 March 1991
Environmental Marketing Claims Act of 1991 - Directs the Administrator of the Environmental Protection Agency to establish an environmental marketing claims regulatory program and an Independent Advisory Board to advise and make recommendations on the regulation of such claims. Requires the Administrator, in promulgating such regulations, to ensure that such claims are related to a specific environmental impact or attribute to ensure that the claims are not false or deceptive. Provides that such claims shall be substantiated on the basis of the best available scientific information. Requires the Administrator to assign products to categories based on the composition and packaging of the product. Sets forth requirements with respect to claims of recycled content, recyclability, reusability, compostability, or degradability of a product. Directs the Administrator to determine whether it is appropriate to promulgate additional regulations to: (1) reflect the best available technology to encourage higher performance levels in products and packaging; and (2) reflect the most recent scientific and practical knowledge of technological advances and improvements in manufacturing techniques and waste management. Provides for the triennial review of regulations. Authorizes interested individuals to petition the Administrator to promulgate additional regulations. Provides that an environmental marketing claim: (1) may be made two years after this Act's enactment if the environmental characteristic in the claim uses terms defined by the Administrator; (2) may not state the absence of an environmental attribute unless the attribute is a usual characteristic of the product or package or the Administrator permits such a statement because the statement would assist consumers making value comparisons with respect to environmental claims among products and packages; and (3) may not be made because the claim is misleading in light of another environmental characteristic of the product or package. Requires persons who intend to use environmental marketing claims for which the Administrator has promulgated a regulation to certify to the Administrator that the claims meet this Act's requirements. Directs persons using claims to resubmit a certification to the Administrator that the claims meet this Act's requirements if: (1) changes have been made in the product or the package that would affect its ability to meet previous regulatory requirements of the claim; or (2) new regulations have been promulgated under this Act relating to the claim being used. Makes it unlawful to fail to comply with regulations or certification requirements. Prescribes civil and criminal penalties for violations of this Act. Sets forth provisions concerning citizen suits. Directs the Administrator to conduct a public information and education campaign to enable consumers to: (1) recognize environmental marketing claims regulated under this Act and be able to distinguish them from other claims; (2) have information about the criteria used by the Administrator in establishing standards and definitions for such claims; and (3) have a better understanding about the environmental effects of products and packages. Authorizes appropriations.
United States · United States Congress · 12 March 1991
Condemns the Government of the People's Republic of China for human rights violations in China, including Tibet, and for the arrest and detention of Chinese citizens for the peaceful expression of their views. Calls upon such Government to: (1) release the number and names of political and religious prisoners, the charges against them, and the dates scheduled for their trials; (2) allow international human rights organizations to observe the trials of political prisoners and the Chinese judicial process and to allow the International Red Cross to visit detention and reeducation centers and prisons; and (3) cease its support of the Khmer Rouge forces in Cambodia. Urges the President to inform Chinese leaders that the persistence of human rights abuses and continued detention of political prisoners will have a negative effect upon decisions to renew most-favored-nation trade status.
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.
United States · United States Congress · 7 March 1991
Federal Facility Compliance Act of 1991 - Requires Federal agencies to perform assessments of hazardous substance releases from solid waste management units at each hazardous substance treatment, storage, or disposal facility owned or operated by such agencies after November 19, 1980. Requires such assessments to indicate whether such facilities are in compliance with specified environmental laws and to be provided to the Environmental Protection Agency (EPA) and to States in which such facilities are located. Directs the EPA Administrator to inspect such facilities annually to enforce compliance with such laws. Requires such inspections to include an analysis of groundwater monitoring. Makes inspection records available to the public. Requires Federal agencies owning or operating such facilities to reimburse the EPA for inspection costs. Amends the Solid Waste Disposal Act to waive sovereign immunity for Federal agencies with respect to certain requirements under such Act. Makes Federal employees subject to criminal sanctions under Federal or State solid or hazardous waste laws. Permits Federal agencies to: (1) represent or expend funds to represent an employee in State criminal proceedings if the actions for which representation were requested appear to have been performed within the scope of the employee's employment; and (2) reimburse an employee for defense costs in Federal criminal proceedings if actions were performed within such scope. Authorizes the Administrator to commence enforcement actions against Federal agencies pursuant to this Act.
United States · United States Congress · 7 March 1991
Amends the Higher Education Act of 1965 to establish, under provisions for grants to States for student incentives, an early intervention program (the program) to provide eligible students with a comprehensive program of incentives and support to enable them to remain in school. Directs the Secretary of Education (the Secretary) to make allotments to States to pay the Federal share (50 percent) of the costs of program activities. Bases such allotments on relative numbers of eligible students in States, and provides for minimum allotments and reallotments. Bases student eligibility for the program on their eligibility: (1) to be counted under the chapter 1 program for educationally disadvantaged students under title I of the Elementary and Secondary Education Act of 1965; (2) for assistance under the National School Lunch Act; or (3) for assistance under the Aid to Families with Dependent Children program under part A of title IV of the Social Security Act. Requires a State to use its allotment to conduct an early intervention program that: (1) provides eligible students in any of the grades pre-school through 12 with continuing systems of mentoring and advising that is coordinated with Federal and State community service initiatives, that may include specified support services, and that may be provided by specified types of service providers; (2) requires each student to agree to achieve certain academic milestones in exchange for up to five years of tuition assistance; (3) establishes a trust fund for such assistance; (4) creates new linkage structures and programs to encourage greater collaboration between elementary and secondary schools and institutions of higher education; and (5) provides for evaluation to allow service providers to track eligible student progress during program participation. Requires States to: (1) ensure that such tuition assistance is available to an eligible student for use at any eligible institution; and (2) use at least 50 percent of their allotment to provide such assistance. Makes each eligible student participating for at least one year in an assisted early intervention program eligible to receive tuition assistance. Provides that such assistance shall not be considered income for purposes of awarding Federal student financial aid. Directs the Secretary to prescribe standards for the evaluation of the State programs. Requires submission of State plans. Requires annual State evaluations of such programs. Requires the Secretary to report annually to the Congress on assisted activities and program evaluations. Authorizes appropriations.
United States · United States Congress · 7 March 1991
Amends the Internal Revenue Code to permit tax-exempt private foundations and community foundations to establish tax-exempt cooperative service organizations to operate exclusively for charitable purposes. Declares that the excise tax based on investment income applies to such organizations.
United States · United States Congress · 7 March 1991
Expresses the sense of the Congress that: (1) all Arab nations should recognize Israel, end the economic boycott against Israel, end the state of belligerency with Israel, and enter into direct negotiations with Israel for the purpose of concluding peace treaties and establishing full diplomatic relations; and (2) the United States should use all available means to influence and encourage the Arab states which were allied with it in the Persian Gulf War to achieve those objectives.
United States · United States Congress · 5 March 1991
Operation Desert Shield/Desert Storm Commemorative Coin Act - Requires the Secretary of the Treasury to issue one dollar coins emblematic of the U.S. military's participation in Operation Desert Shield/Desert Storm. Sets a termination date for the Secretary's authority. Mandates that the: (1) minting and issuing of such coins will not result in any net cost to the Federal Government; (2) surcharges received from the sale of such coins be used to defray the costs of Operation Desert Shield/Desert Storm; and (3) Congress receive annual reports on all surcharge funds expenditures.
United States · United States Congress · 28 February 1991
Department of the Environment Act of 1991- Title I: Elevation of the Environmental Protection Agency to Cabinet Level - Department of the Environment Act - Redesignates the Environmental Protection Agency (EPA) as the Department of the Environment, an executive agency to be administered by a Secretary of the Environment. Encourages the Secretary to: (1) assist the Secretary of State in participating in international environmental protection agreements and organizations; (2) conduct research on international environmental problems and develop responses to such problems; and (3) provide technical and other assistance to foreign countries and international bodies to improve the environment. Provides for the continuance of specified EPA positions without renomination or reconfirmation. Establishes: (1) a Bureau of Environmental Statistics within the Department; and (2) an Advisory Council on Environmental Statistics to advise the Bureau on statistics and analyses. Authorizes appropriations. Authorizes the Secretary of the Environment to make grants to, and enter into contracts with, State and local governments to assist in data collection. Directs the Secretary to enter into an agreement with the National Academy of Sciences for a study and report on the adequacy of the Department's data collection procedures and capabilities. Sets forth administrative provisions concerning the acquisition of gifts, property, copyrights, and patents by the Department. Provides that the EPA seal shall be the official departmental seal until the Secretary approves another seal. Prescribes civil and criminal penalties for unauthorized uses of the seal. Authorizes the Secretary to promulgate regulations governing advisory committee standards of conduct and compensation. Sets forth conflict-of-interest disclosure requirements for persons entering into contracts or other arrangements for the provision of services with the Secretary. Directs the Secretary to promulgate regulations requiring public notice to be given when the award of a contract, agreement, or other arrangement may result in a conflict-of-interests. Title II: Environmental Role of the United States in International Organizations to Which It Belongs - Urges the Secretary of State to convene international conferences to encourage the exchange of information on energy efficiency and environmentally acceptable renewable energy sources. Requires the President to encourage the establishment of an international office to monitor annual generation of carbon dioxide and trace gases on a country-by-country basis. Title III: Establishment of the Commission on Improving Environmental Protection - Establishes the Commission on Improving Environmental Protection to make recommendations on the implementation of Federal environmental laws to protect human health and the environment. Authorizes appropriations. Title IV: Effective Date - Sets forth the effective date of this Act.
United States · United States Congress · 28 February 1991
Directs the Secretary of Agriculture to establish through December 31, 1991, a minimum basic formula price for Class I (beverage use) milk that shall not be less than the August 1990 price. Sets forth minimum solid content for beverage milk (whole, lowfat, and skim).
United States · United States Congress · 28 February 1991
Calls for the President to declare a national day of prayer and thanksgiving to express gratitude for the heroic efforts of our troops during the Persian Gulf crisis.
United States · United States Congress · 28 February 1991
Applauds and expresses the appreciation of the Nation to President George Bush, Secretary of Defense Dick Cheney, Armed Forces Chief of Staff Colin Powell, Desert Storm Commander Norman Schwarzkopf, the American forces deployed in the Persian Gulf region, the forces from our coalition partners, and the families of American service men and women participating in Operation Desert Storm. Sends condolences to the families of those killed during such operation. Demands from Saddam Hussein: (1) the immediate release of all prisoners of war held by Iraq; (2) a complete accounting for all American and coalition forces listed as missing in action or otherwise unaccounted for; and (3) the immediate and unconditional release and return of all Kuwaiti citizens held by Iraqi forces. Urges all relevant authorities to seriously examine the issue of possible war crimes by Hussein and other Iraqi military leaders and forces and to hold Iraq responsible in principle for reparations for the destruction caused by the invasion and occupation of Kuwait.
United States · United States Congress · 27 February 1991
Global Education Opportunities Act of 1991 - Title I: Foreign Language Instruction - Authorizes the Secretary of Education (the Secretary) to make demonstration grants to eligible consortia to: (1) operate critical languages and area studies programs; (2) develop and acquire educational equipment and materials; and (3) develop teacher training programs, texts, curricula, and other activities to improve and expand foreign language instruction at elementary and secondary schools. (Defines critical language as one designated on the Secretary's list under the Education for Economic Security Act.) Requires each grant recipient to include a study abroad or cultural exchange program among the assisted activities. Authorizes appropriations. Amends the Star Schools Program Assistance Act to authorize appropriations. Requires applications under such Act to provide assurances that specified programming will be designed in consultation with teachers of the applicable subject matter and grade level. Requires any Federal agency operating a star schools program to coordinate it with the Department of Education. Authorizes the Secretary to make grants for innovative and model programs for elementary and secondary teacher education which integrate foreign language and culture, democracy and civic education, geography, and international studies into practicing and preservice teacher training. Provides that such programs must meet the needs of elementary school teachers before they address those of secondary school teachers. Requires an institute of higher education, to receive such a grant on behalf of its school or department of education and in cooperation with its liberal arts department, to submit a proposal to the Secretary and the appropriate State educational agency. (Allows nonprofit institutions of demonstrated effectiveness to also receive such grants.) Authorizes appropriations. Authorizes the Secretary to make competitive grants to various educational entities or consortia to act as a resource center for: (1) coordinating development and dissemination of foreign language and culture instructional materials (including children's literature, teacher's kits, videotapes, and computer software); and (2) encouraging expanded use of technology in teaching foreign languages and culture in elementary schools (and when these needs are met, in secondary schools), especially at schools with proportionally fewer resources. Requires coordination of such materials and technologies development with that under the Star Schools Program Assistance Act. Authorizes appropriations. Authorizes the Secretary to make matching grants, within specified limits, to: (1) States and major metropolitan areas to establish foreign language foundations; and (2) world trade council units to provide language training, translation services, and information about other cultures and markets for small- and medium-sized businesses seeking to enter export markets. Authorizes appropriations. Title II: Higher Education Amendments - Amends the Higher Education Act of 1965 (HEA) to revise student assistance for those engaged in study abroad. Specifies that programs of study abroad approved for credit by an institution of higher education (approved programs of study abroad) are among those for which eligible students may receive student assistance under the programs of Pell grants, supplemental educational opportunity grants, grants to States for State student incentives, guaranteed student loans, and Perkins loans. Includes such approved programs of study abroad under cost of attendance provisions for HEA Student Assistance. Revises student eligibility for assistance to declare that nothing in HEA shall be construed to limit or otherwise prohibit access to approved programs of study abroad. Declares that: (1) otherwise eligible students engaged in an approved program of study abroad are also eligible for assistance under title IV (Student Assistance) of HEA; and (2) such a study abroad program need not be a required part of the student's degree program to qualify for such assistance. Requires eligible institutions to: (1) disseminate to prospective and enrolled students accurate information describing the fact that enrollment in an approved program of study abroad may be considered enrollment in the home institution for purposes of applying for Federal student financial assistance; and (2) agree, for purposes of student assistance program participation, not to deny any form of Federal aid to any student who meets HEA eligibility requirements on the grounds that such student is taking part in an approved program of study abroad. Applies existing requirements for loan check endorsement and multiple disbursement of federally-insured and guaranteed student loans to students engaged in an approved program of study abroad. Allows students participating in approved programs of study abroad to receive, according to specified formulas, increased aid under the programs of Pell grants, supplemental educational opportunity grants, State student incentive grants, federally insured loans, and Perkins loans. Establishes a program of incentive grants for enrollment in special programs abroad. Authorizes the Secretary to: (1) make grants to institutions of higher education or certain other organizations to pay partial incentive stipends to individuals enrolled in certain programs of study abroad; and (2) award, through a national competition, incentive stipends to students who enroll in study abroad programs to learn languages and develop international skills not available in countries in which large numbers of U.S. students study. Requires such grants to be awarded on the basis of merit but with preference given to students who are underrepresented in study abroad, including those from minority groups and professional and preprofessional studies. Intends such stipends to meet extraordinary travel and other associated costs for a one year maximum. Authorizes appropriations. Requires work study program participation agreements to permit: (1) an institution to devise suitable work opportunities for students studying abroad, including work for foreign colleges, universities, and nonprofit or service organizations; (2) establishment of internship programs involving work for foreign or multinational organizations relevant to the student's course of study; and (3) work-study compensation to eligible students for such work or internships. Declares that student financial aid administrators have discretionary authority to make certain necessary cost of attendance and asset adjustments and special arrangements for student notification, verification, disbursement, and refunds, for students participating in approved programs of study abroad. Allows requests for deferment of Stafford or Perkins student loan repayment by students engaged in graduate or postgraduate fellowship study abroad to be approved until the completion of the fellowship period. Revises HEA title VI (International Education Programs) requirements for undergraduate international studies and foreign language programs to add to the list of authorized grant activities development of: (1) undergraduate study abroad programs providing courses closely related to on-campus foreign language and international studies curricula; and (2) new study abroad opportunities for undergraduates in specific degree programs' curricula. Authorizes the Secretary to make grants to higher education institutions, nonprofit organizations, and consortia for: (1) study abroad in the form of either programs in locations otherwise unavailable for such study or opportunities for students who would not otherwise engage in such study; and (2) enrichment of study abroad programs, including development of model predeparture and post-return activities, program selection material and advising services, and academic advising. Requires that centers for international business education assisted under HEA include in their programs opportunities for business students to study abroad in locations which are important to the current and future economic well-being of the United States. Provides that intensive summer language institutes receiving HEA grants may be either in the United States or in appropriate countries abroad. Includes among authorized providers of such training institutes designed to integrate intensive foreign language training with culture experiences abroad for undergraduate students in a wide range of disciplines. Covers the costs of travel to and from institutes in foreign countries in stipends for students and faculty attending such institutes.
United States · United States Congress · 26 February 1991
Water Research Act of 1991 - Declares it U.S. policy to provide for: (1) the development of a means of producing, from saline or biologically impaired waters, water of a quality suitable for agricultural, industrial, municipal and other uses; and (2) related research on a scale sufficient to determine the feasibility of large scale development. Defines "saline water" to mean sea water, brackish water, and other mineralized or chemically impaired water. Directs the Secretary of the Interior to conduct a basic research and development program as Phase I of the water research program established by this Act. Specifies the activities to be included in Phase I, including activities involving research grants and contracts. Directs the Secretary to endeavor to obtain results in Phase I, within three years after enactment of this Act, sufficient to support recommendations to the Congress. Authorizes the Secretary to conduct additional basic research and development concurrently with Phase II demonstration activities. Directs the Secretary to conduct a demonstration program as Phase II of the water research program established by this Act. Specifies the activities to be included in Phase II. Requires the results of research under this Act, with exceptions for national defense and patent rights, to be available to the public. Applies specified provisions of the Federal Nonnuclear Energy, Research and Development Act of 1974 (FNERDA) relating to patents and inventions to any invention conceived in the course of any contract under this Act, but states that such application does not affect the application of the Stevenson-Wydler Technology Innovation Act to research under this Act that is performed at a Federal laboratory. Applies provisions of FNERDA relating to antitrust laws to activities under this Act. Authorizes the Secretary to: (1) accept technical and administrative assistance from public or private agencies in connection with work relating to the desalting of water; (2) enter into contracts or agreements; and (3) provide for cost sharing. Authorizes the Secretary to take other actions in carrying out this Act, including making grants and contracts. Directs the Secretary to dispose of water and byproducts resulting from operations under this Act consistent with environmental law. Requires, notwithstanding other law, moneys received from the dispositions to be deposited in a separate account in the Treasury, to be known as the Water Research Fund. Makes amounts from the Fund available as provided in appropriations Acts. Directs the President to instruct the Agency for International Development (AID) to sponsor an international desalination conference. Allows funding for the conference to come from operating or program funds of AID. Requires AID to encourage financial and other support from other nations, including those that have desalination technology and those that might benefit from it. Authorizes appropriations for Phase I.
United States · United States Congress · 26 February 1991
Comprehensive Maternal and Early Childhood Health Care Act - Amends the Public Health Service Act to provide for the use of certain funds appropriated for migrant health centers (MHCs) and community health centers (CHCs) for: (1) the development and operation of Comprehensive Perinatal and Early Childhood Health Programs (CPECHPs); and (2) expanding services for pregnant women and children where MHCs and CHCs are already operating Comprehensive Perinatal Care Programs. Provides for grants to MHCs and CHCs for the CPECHPs. Limits the amount of funds appropriated for CHCs which may be used to plan and develop CHCs. Authorizes appropriations for immunizing individuals without charge and for related research, demonstration projects, public information and education, and professional training. Directs the Secretary of Health and Human Services, through the Centers for Disease Control (CDC), to provide vaccines to the health department of each State, spending a specified minimum amount. Amends the Vaccine and Immunization Amendments of 1990 to direct the Secretary, through the CDC, to: (1) make grants to States (currently, to public and nonprofit private entities) for demonstration projects to provide, without administrative charge (currently, without charge), immunizations to children not over two years old; and (2) provide immunizations related to certain programs under the Public Health Service Act and the Child Nutrition Act of 1966; and (3) maintain private physician participation in immunization services and to encourage private physicians to provide such services to infants and children enrolled under title XIX (Medicaid) of the Social Security Act. Authorizes appropriations. Amends the Public Health Service Act to add substance abuse treatment and prevention services to the list of supplemental health services with regard to MHCs and CHCs. Replaces provisions mandating model drug and alcohol abuse projects for pregnant and postpartum women and their infants with provisions directing the Secretary, through the Director of the Office for Substance Abuse Prevention, to make demonstration grants for substance abuse prevention, education, and treatment projects serving pregnant and postpartum women and their infants. Includes in the services to be offered outreach, prenatal and postpartum health care, pediatric health care, support services such as child care and transportation, referrals, employment counseling, and case management. Requires that services covered by title XIX (Medicaid) of the Social Security Act be provided by an entity qualified to receive Medicaid payments. Requires non-Federal matching contributions in a specified ratio. Limits grants to five years; allows renewal. Directs the Secretary to assist the prenatal clinics in the United States in implementing smoking cessation programs to decrease rates of smoking during pregnancy. Authorizes the Secretary to make grants to or contracts with public entities for programs and policies to prevent and encourage cessation of tobacco use during pregnancy. Authorizes appropriations.
United States · United States Congress · 26 February 1991
Federal Recycling Incentive Act - Amends the Solid Waste Disposal Act to direct the Administrator of General Services to: (1) establish, and periodically modify, a program requiring Federal agencies to separate and collect solid waste (including high-grade paper, newspapers, aluminum, bottles, and containers) for recycling; (2) establish and implement a system for monitoring and enforcing the provisions of this Act; and (3) report periodically to the Congress as to the extent of compliance for the preceding 12-month period. Authorizes Federal agencies to retain any moneys received from the sale of such waste for use in carrying out their functions. Authorizes appropriations.
United States · United States Congress · 26 February 1991
Ensuring Access Through Medical Liability Reform Act of 1991 - Title I: Grant Programs - Subtitle A: Implementation of Alternative Dispute Resolution Systems - Directs the Secretary of Health and Human Services to make grants to States for the development or implementation of alternative dispute resolution systems (ADRSs). Defines ADRS to mean a system to resolve claims involving health care malpractice other than through a health care malpractice action and meeting other requirements. Allows a State to refuse a grant. Requires that a State ADRS provide for the resolution of health care claims for all individuals receiving health care services in the State and be of the following types: (1) fault-based administrative systems; (2) defined catastrophic injury compensation systems; (3) early offer and recovery mechanisms; (4) binding arbitration; or (5) a State-initiated alternative to such systems. Sets forth requirements for each system type. Subtitle B: Other Grant Programs - Directs the Secretary to make grants to States and private nonprofit organizations for basic research in the prevention of and compensation for injuries resulting from health care professional or health care provider malpractice, and research of the outcomes of health care procedures. Declares that the Secretary shall determine the amount of a grant. Directs the Secretary to make grants to States to improve the State's ability to license and discipline health care professionals. Declares that the Secretary shall determine the amount of a grant. Directs the Secretary to provide technical assistance to States to assist them in evaluating their medical practice acts and procedures and to encourage the use of early warning systems and for disciplining health care professionals. Directs the Secretary to make grants for: (1) educating the public about the appropriate use of health care and realistic expectations; (2) educating the public about professional licensing and discipline; and (3) developing faculty training and curricula on quality assurance, risk management, and medical injury prevention. Subtitle C: Administrative Provisions - Sets forth administrative procedures for supplemental grants using any remaining amounts under this title. Authorizes appropriations for grants under this title. Title II: Health Care Malpractice Dispute Reform - Declares that provisions in this Act relating to civil actions govern any health care malpractice action brought in any Federal or State court and any health care malpractice claim resolved through arbitration, subject to exceptions relating to the National Vaccine Injury Compensation Program. Prohibits requiring any person to pay for future damages exceeding a specified amount in a single payment, but allows such payments on a periodic basis. Requires damages to be reduced by any governmental or private payment intended to compensate for the injury. Limits the amount of damages which may be paid for noneconomic losses and the percentage of any award or settlement which may be paid as attorney's fees. Sets forth time limits on initiation of actions. Supersedes State laws with higher payment limits, greater damages, greater attorney's fees, or longer time limits. Mandates that a State, in order to receive assistance under the Public Health Service Act, certify that it: (1) allocates an amount equal to all health professional licensing or certification fees to State agencies responsible for disciplinary actions for each type of health professional; (2) requires certain service providers to have a risk management program to prevent and provide early warning of unsafe practices; (3) requires each health care practitioner liability insurance entity to establish or sanction risk management programs and require practitioners they insure to participate; (4) requires each State agency responsible for disciplinary actions to enter into agreements with professional societies to permit the review by the societies of the practice patterns of a health care practitioner. Sets forth confidentiality and other requirements. Exempts large entities with continuing quality review programs which report certain findings to the State disciplinary agency for that type of practitioner. Prohibits any activity under such an agreement from being grounds for any State or Federal civil or criminal antitrust action, or any other State civil action. Prohibits the Secretary of Health and Human Services from entering into certain agreements with a State under title XVI (Supplemental Security Income) of the Social Security Act unless the State certifies that it meets the requirements of this paragraph. Amends the Public Health Service Act to direct the Secretary of Health and Human Services to make a grant to an entity that represents recipients of assistance under provisions relating to migrant health centers and community health centers to enable the entity to develop a business plan for, and to establish, a nationwide risk retention group as provided for in the Liability Risk Retention Act of 1986, and that meets other requirements. Allows the group to negotiate with other entities for the purpose of managing and administering the group, and for obtaining reinsurance. Requires the group to provide professional liability insurance, and other types of profitable insurance approved for issuance by the Secretary, to migrant and community health centers. Requires the centers, subject to exception, to become members of the group and purchase the group's insurance. Makes all professional staff members of the centers eligible to obtain the group's insurance. Requires the group to engage outside experts in insurance, financing, and business to analyze and audit the group. Requires the experts to provide the group with an evaluation of the plan and group. Requires the group to submit the plan and the evaluation to the Secretary. Directs the Secretary to permit implementation of the plan and operation of the group if the Secretary determines that the operation of the group will result in an increase in the amount of funds available for use by community and migrant health centers and other entities receiving assistance under the specified provisions. Authorizes appropriations for preparation of the plan, establishment of the group, and capitalization of the group. Requires assets remaining after dissolution of the group to be used by the Secretary to pay the remaining expenses of the group. Authorizes appropriations to carry out specified provisions relating to migrant health centers and community health centers.