United States · United States Congress · 24 April 1991
Significant Property Disposition and Protection Act of 1991 - Amends the Federal Home Loan Bank Act to direct the Secretary of the Interior to identify Resolution Trust Corporation (RTC) held properties with significant natural, cultural, recreational, or scientific value. Directs RTC, with regard to such properties, to: (1) select an information clearinghouse; (2) update its inventory records; (3) maintain them in a manner consistent with their significance; and (4) transfer them at the Secretary's request to a Federal or State agency for certain conservation purposes. Restricts RTC transfer authority of undeveloped land.
United States · United States Congress · 24 April 1991
School Readiness Act of 1991 - Title I: Public Health Service Act Provisions - Subtitle A: Comprehensive Primary and Preventive Care for Pregnant Women, Infants and Children - Comprehensive Maternal and Early Childhood Health Care Act - Replaces Public Health Service Act provisions authorizing appropriations for migrant health centers (MHCs) and community health centers (CHCs) with provisions requiring the use of funds appropriated under other provisions to develop, operate, and expand Comprehensive Perinatal and Early Childhood Health Programs in medically underserved areas. Mandates grants to MHCs and CHCs for such programs. Requires the use of funds appropriated under other provisions for planning and developing CHCs to serve medically underserved populations. Amends provisions relating to health services for the homeless to require use of funds appropriated under other provisions to develop, operate, and expand such programs. Mandates grants to grantees under the provisions relating to the homeless for such programs. 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 or large city that is operating an immunization project for distribution to grantees under specified provisions, federally qualified health centers, and public health professionals. Requires, in determining the quantity of vaccine needed, that the Administrator of the Health Resources and Services Administration make available to the CDC Director data from annual reports from such grantees and federally qualified health centers. Requires the CDC Director to direct the State or city health department to provide the recipients with an adequate supply of vaccine from the allotment provided to the grantee. Amends the Vaccine and Immunization Amendments of 1990 to replace provisions authorizing grants for vaccine outreach programs with provisions authorizing the Secretary, through the CDC Director, to make grants to States for demonstration projects related to immunization. Authorizes appropriations. Amends the Public Health Service Act to add substance abuse treatment and prevention services to the list of supplemental health services provided by MHCs and CHCs. Replaces provisions mandating grants for prevention, education, and treatment projects regarding drug and alcohol abuse relating to pregnant and postpartum women and their infants with provisions mandating demonstration grants for substance abuse prevention, education, and treatment projects serving such individuals. Requires that services under the grants be provided at locations accessible to low-income pregnant and postpartum women and in the most appropriate language and cultural context. Requires that services eligible for Medicaid payment be provided by an entity qualified to receive Medicaid payments. Limits fees for services. Requires non-Federal contributions in a specified ratio. Limits grants to five years but allows renewal. Makes grant payments subject to annual approval by the Secretary and to the availability of appropriations. Authorizes appropriations. Directs the Secretary, through the CDC Director, to assist the prenatal clinics in the United States in implementing smoking cessation programs to decrease rates of smoking during pregnancy. Authorizes grants to or contracts with State or local health departments and other public entities to assist in implementing programs and policies to prevent and encourage cessation of tobacco use during pregnancy. Authorizes appropriations. Subtitle B: Grants for Home-visiting Services for At-Risk Families - Mandates competitive grants for the Federal share of the costs of home visiting services. Requires that the grants be for at least three years. Requires that the services include case management, with a registered nurse or social worker assigned as the case manager for individual cases. Requires that the case manager develop a family service plan for the client. Sets the Federal share of the grants at a specified percentage. Authorizes appropriations. Title II: Head Start Act - Amends the Head Start Act to direct (currently, authorize) the Secretary, on application by an agency designated (currently, an agency eligible for designation) as a Head Start agency, to provide, subject to appropriations, financial assistance for Head Start programs. Entitles all eligible children to receive services through a Head Start program. Authorizes appropriations to carry out the Act. Declares that provisions of the Omnibus Budget Reconciliation Act of 1990 (excluding receipts and expenditures of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund from being counted as new budget authority, outlays, receipts, or deficit or surplus for purposes of the U.S. budget, the congressional budget, or the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act)) shall apply with respect to amounts appropriated under this authorization. Directs the Secretary to make a minimum amount available to carry out the Head Start Transition Project Act.
United States · United States Congress · 23 April 1991
Circle of Poison Prevention Act of 1991 - Title I: Exported Pesticides - Amends the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) to require pesticide producers operating registered establishments to inform the Administrator of the Environmental Protection Agency of: (1) the types and quantities of pesticides and active ingredients used in producing pesticides for export to a foreign country; and (2) the date of export and quantity of such materials exported to each foreign country to which the producer has exported during the past 365-day period. Provides that specified information on exported pesticides shall not be entitled to confidential trade secret treatment. Makes it unlawful to export a pesticide or device in violation of FIFRA export requirements. Prohibits the exportation of a pesticide or device unless: (1) such materials are prepared and packaged according to the specifications of the foreign purchaser and the legal requirements of the country of use; and (2) the label of the pesticide is written in the official language of the country of use and contains all information required to be included in the labeling for such pesticide in the United States. Prohibits the exportation of a pesticide to a country of use if: (1) the registrations for pesticides containing an active ingredient that is included in such pesticide that account for nearly all of the uses of such ingredient have been canceled; (2) the tolerances for an active ingredient in such pesticide that account for nearly all the uses of such ingredient have been revoked; or (3) an active ingredient of the pesticide is ineligible for reregistration. Prohibits such exports (including pesticides used for agricultural production) unless: (1) the pesticide is registered; or (2) all of the active ingredients in the pesticide are the subject of a food tolerance. Requires exporters, prior to the shipment of certain pesticides, to provide specified information to the Administrator. Prohibits the exportation of any pesticide to a country of use that: (1) has refused consent; or (2) has given conditional consent unless the conditions on which the consent was given are met. Prohibits refusals to consent unless the country certifies that it is not producing or importing and will not produce or import the pesticide or a similar product with the same active ingredient. Waives certain requirements, upon the request of a country of use and subject to certain determinations by the Administrator, to permit the export of pesticides not meeting FIFRA requirements to: (1) prevent or arrest the spread of a communicable disease; or (2) stop or prevent the spread of a pest that is destroying or will destroy quantities of the country's food supply so as to result in widespread famine. Permits the export of pesticides for experimental use in foreign countries if specified conditions are met. Directs the Administrator to submit information to the Secretary of Health and Human Services concerning inspection for pesticide residues in imported foods conducted by the Department of Health and Human Services. Requires the Administrator to notify foreign countries and the International Register of Potentially Toxic Chemicals whenever regulatory action is taken with respect to a pesticide. Directs the Administrator to: (1) convene meetings with foreign governments and other interested parties to promote the implementation of improved research and regulatory programs for pest management and strategies for sustainable agriculture and to encourage the adoption of a multilateral convention requiring standard notice and pesticide export control measures; and (2) provide foreign countries with technical assistance to develop pesticide regulatory programs. Permits persons to bring civil actions to secure the imposition of penalties on persons who violate pesticide export requirements. Prohibits civil actions from being initiated on the basis of existing proceedings for criminal violations. Requires the Comptroller General to report to the Congress every four years on: (1) the operation and effect of this Act; and (2) how exported pesticides and their containers are used and disposed of and on their impact on the public health and the environment of countries of use. Title II: Pesticides Residue Monitoring - Amends the Omnibus Trade and Competitiveness Act of 1988 to direct the Food and Drug Administration to summarize the volume of each food product subject to the requirements of the Federal Food, Drug, and Cosmetic Act imported into the United States in quantities determined by the Secretary of Health and Human Services to be commercial quantities (currently, products having an entry value exceeding an amount established by the Secretary). Requires the summary to: (1) be made by food product, country of origin, port of entry, pesticides monitored by the Secretary, pesticide residues detected, and the quantity of each pesticide exported from the United States for agricultural use; and (2) indicate the volume of each type of food tested for pesticide residues, arranged by pesticide, food, and country of origin. Title III: Pesticide Tolerances - Amends the Federal Food, Drug, and Cosmetic Act to require the Administrator, if a registration under FIFRA for a pesticide to be used on food is canceled or modified to prohibit its use in connection with food, to revoke any tolerance or exemption that permits the presence of the pesticide on the food. Suspends tolerances or exemptions for pesticides used on food if such use is suspended under FIFRA. Authorizes the Administrator, if a residue of a canceled or suspended pesticide will persist in the environment and be present on a food, to establish a tolerance for the pesticide at a level that permits the residue to remain and will protect public health. Requires the Administrator to reduce the tolerance for any suspended or canceled pesticide annually if any decrease in the pesticide's residual environmental contamination or residues on food has occurred. Prohibits the Administrator from establishing or continuing a tolerance for a pesticide chemical residue unless the best available, practical method for detecting and measuring the levels of the residue on a food exists. Title IV: Pesticide Information - Prohibits the importation of a raw agricultural commodity into U.S. customs territory unless the commodity importer files with the Secretary and the Secretary of the Treasury a document identifying each pesticide chemical used in connection with the commodity. Requires such importers, if unreported pesticides are detected in such commodities, to submit residue analyses for such pesticides. Waives reporting requirements for unreported pesticides if the presence of such pesticides is attributable to long-term environmental persistence and does not pose a health risk. Amends the Federal Meat Inspection Act, the Poultry Products Inspection Act, and the Egg Products Inspection Act to apply such requirements to importers of meat, poultry, and eggs. Amends the Agricultural Act of 1954 to add to the list of annual reporting requirements of agricultural attaches a report on the customary use of pesticides in the production of agricultural commodities in foreign countries. Title V: Effective Dates - Sets forth the effective dates for provisions of this Act.
United States · United States Congress · 23 April 1991
Amends the Higher Education Act of 1965 to require that grants and contracts awarded under Special Programs for Students from Disadvantaged Backgrounds be awarded for a period of four years or more. Requires each individual or entity desiring such a grant or contract to submit an application to the Secretary of Education. Directs the Secretary to institute procedures to ensure that such applicants receive adequate notice of their applications' success or failure prior to the beginning of each grant period.
United States · United States Congress · 23 April 1991
Driftnet Moratorium Enforcement Act of 1991 - Directs the President to certify to the Congress each country (defining "country" as the Republic of Korea, Japan, and Taiwan) that: (1) has not notified the United States that it will cease large-scale driftnet fishing by a certain date; and (2) has not, by that date, ceased such fishing. Deems certification that a country has failed to give notice of its intent to cease driftnet fishing to be a certification under the Fishermen's Protective Act of 1967 (allowing banning importation of fish products). Directs the President, if a country fails to cease driftnet fishing by the deadline, to prohibit the bringing or importation of fish and fish products from the country. Authorizes the President to impose additional economic sanctions (including duties, import bans, or restrictions, and fees or restrictions on services) if: (1) the U.S. ban on fish imports is insufficient to stop large-scale driftnet fishing; (2) the country engages in such fishing after the deadline; or (3) a country retaliates as a result of a U.S. ban on fish imports. Continues the fish import ban or additional sanctions until the country completely ceases large-scale driftnet fishing.
United States · United States Congress · 23 April 1991
Cancer Screening Incentive Act of 1991 - Amends the Internal Revenue Code to allow a refundable tax credit for expenditures (not paid by insurance or otherwise) incurred by the taxpayer for qualified cancer screening tests.
United States · United States Congress · 18 April 1991
Veterans Post-Traumatic Stress Disorder Treatment Act of 1991 - Directs that a veteran diagnosed by the Department of Veterans Affairs as suffering from post-traumatic stress disorder (PTSD) be furnished care and services for such disorder by the Department, even if such disorder has not been determined to be service-connected. Makes eligible for such care and services a veteran who served on active duty in a theater of combat operations during World War II, the Korean conflict, the Vietnam era, the Persian Gulf War, or in any other area during a period in which hostilities occurred in such area. Requires a veteran who is referred by a Vet Center to a Department general health-care facility for a determination regarding such veteran's eligibility for PTSD care and services to be evaluated for diagnostic purposes within seven days of such referral. Requires the Secretary of Veterans Affairs, upon request of any eligible veteran, to furnish counseling to assist the veteran in overcoming any psychological problems associated with such service. Directs the Secretary, no later than December 1, 1991, to devise and initiate a plan to: (1) increase the availability of treatment of veterans suffering from PTSD to levels commensurate with their needs; and (2) enhance outreach activities to inform combat veterans (and their families) of the availability of such treatment and to encourage such veterans to participate in such treatment. Directs the Secretary to report to the Senate and House Veterans' Affairs Committees on the description and implementation of such plan. Directs the Secretary, in preparing such report, to consult with the Special Committee on Post-Traumatic Stress Disorder and the Advisory Committee on Readjustment of Vietnam Veterans.
United States · United States Congress · 18 April 1991
World Summit for Children Implementation Act of 1991 - Provides for assistance in implementing the plan of action adopted by the World Summit for Children. Expresses the sense of the Congress that: (1) the U.S. Government should commit to increasing participation in the special supplemental food program for women, infants, and children under the Child Nutrition Act (the WIC program) by 20 percent per year in FY 1992 through 1996, to reach full participation by the end of FY 1996; and (2) specified amounts should be appropriated for the WIC program in FY 1992 and 1993 to reach such full participation goal. Expresses the sense of the Congress that: (1) the commitment to provide full funding for the Head Start Program, contained in the Human Services Reauthorization Act of 1990, should be implemented in order that the goal of full participation of all eligible three- to five- year-old children can be reached by FY 1994; and (2) specified amounts should be authorized for such funding in FY 1992 through 1994. Amends the Public Health Service Act to direct the Secretary of Health and Human Services to undertake a Children's Vaccine Initiative. Requires that the Director of the National Vaccine Program: (1) plan and coordinate the Initiative; and (2) ensure that the Public Health Service conducts vaccine research, production, and delivery activities under the Initiative in collaboration with non-governmental institutions and with other Federal agencies to ensure the full use of U.S. scientific and industrial capacity to prevent infectious disease. Authorizes appropriations for FY 1992 and 1993. Authorizes appropriations for FY 1992 and 1993 for contributions to the United Nations Children's Fund for activities to promote child health and other assistance programs for children (to carry out specified provisions of the Foreign Assistance Act of 1961). Amends the Foreign Assistance Act of 1961 (the Act) to authorize appropriations for FY 1992 and 1993 for special health needs of children and mothers under the Child Survival Fund. Requires that specified amounts of funds under various provisions for FY 1992 and 1993 be reserved only for such specified child survival activities. Expresses the sense of the Congress that authorization, in such amounts as may be required, should be granted to the President to exercise the (Public Law 480) debt authority with respect to least developed countries that are pursuing reforms to promote long-term economic development (as provided in specified provisions of the Agricultural Trade Development and Assistance Act of 1954, as amended by the Food, Agriculture, Conservation, and Trade Act of 1990). Amends the Act to establish a Vitamin A Deficiency Program. Reserves for such Program specified amounts in FY 1992 and 1993 from funds for development assistance for agriculture, rural development, and nutrition. Requires that specified amounts from certain funds authorized for health-related activities under the Act in FY 1992 and 1993 be reserved for replicable community-based comprehensive reproductive health service programs that broaden other health programs by including strategies that specifically address women's reproductive health needs. Sets forth examples of such strategies, as well as congressional intent that such programs be planned and designed in consultation and participation with those whose needs they serve, and congressional encouragement for using international private voluntary organizations in building such programs. Amends the Act to direct the President, in carrying out provisions for development assistance for health-related activities to promote, encourage, and undertake activities relating to research on, and treatment and control of, acquired immune deficiency syndrome (AIDS) in developing countries. Authorizes appropriations for FY 1992 and 1993, for such purpose, to the International AIDS Prevention and Control Fund. Provides that such amounts shall be in addition to other amounts available for such purpose. Amends the Act to reserve specified amounts in FY 1992 and 1993, from funds for development assistance for education and under the provisions of the Act, for international basic education, including early childhood education, primary education, teacher training, other support activities, and adult literacy training. Expresses the sense of the Congress that at least specified minimum amounts should be appropriated for the Migration and Refugee Assistance account, and that at least specified minimum portions of such funds should be reserved for programs of refugee assistance overseas (in addition to amounts available for programs for Soviet, Eastern European, and other refugees resettling in Israel). Amends the Act to replace provisions for certain disadvantaged children in Asia with provisions for assistance to children in exceptionally difficult circumstances. Includes among such children street children, AIDS orphans, other orphaned and abandoned children, and children displaced by armed conflict, poverty, famine, or other disasters. Reserves specified minimum portions of certain funds under the Act in FY 1992 and 1993 for assistance for such children. Requires that such assistance be made available in accordance with policies and general authorities under certain disaster assistance provisions. Directs the President to report annually to the Congress on U.S. contributions to the achievement of the goals of the World Summit for Children, including U.S. efforts to achieve such goals in the United States and in other countries, with an analysis of past, current, and planned funding levels.
United States · United States Congress · 18 April 1991
Declares that the Senate expresses its: (1) regret that Senator Pryor's illness will require his absence from the Senate Chamber; and (2) heartfelt wishes to him for a speedy and complete recovery, and that he return to his duties, serving the people of Arkansas, in the near future.
United States · United States Congress · 11 April 1991
Amends the National Trails System Act to designate as components of the National Trails System: (1) the Pony Express National Historic Trail, extending from Saint Joseph, Missouri, through Kansas, Nebraska, Colorado, Wyoming, Utah, and Nevada to Sacramento, California; and (2) the California National Historic Trail, extending from Independence and Saint Joseph, Missouri, and Council Bluffs, Iowa, to various points in California and Oregon.
United States · United States Congress · 11 April 1991
Freedom of Access to Clinic Entrances Act of 1991 - Amends the Federal criminal code to impose civil or criminal penalties upon persons (other than agents of medical facilities or law enforcement officers acting within the scope of official authority) who intentionally prevent other individuals from entering or exiting a medical facility. Permits aggrieved individuals to obtain appropriate relief through civil actions.
United States · United States Congress · 11 April 1991
Elementary School Counseling Demonstration Act - Authorizes appropriations for the Secretary of Education to make demonstration grants to local education agencies to establish effective and innovative elementary school counseling programs that can serve as national models. Directs the Secretary to establish an Office of School Counseling, headed by a Director, in the Department of Education.
United States · United States Congress · 11 April 1991
Amends the Foreign Assistance Act of 1961 to declare that the Congress recognizes that prompt U.S. assistance is desirable to help alleviate suffering in the Baltic republics. Directs the Administrator of the Agency for International Development to: (1) furnish humanitarian assistance for the relief of the Estonian, Latvian, and Lithuanian people; and (2) solicit donations of humanitarian assistance for Estonia, Latvia, and Lithuania and cooperate with private relief agencies attempting to provide such assistance. Authorizes the Commander-in-Chief of the U.S. Transportation Command to provide all necessary airlift and sealift to transport donations of medical supplies to the Baltic peoples. Authorizes appropriations. Urges the President to begin negotiations with the nations surrounding Estonia, Latvia, and Lithuania, including Poland and the U.S.S.R., regarding the importation of humanitarian assistance.
United States · United States Congress · 11 April 1991
Expresses the sense of the Congress that: (1) Antarctica should be subject to a new agreement among the Antarctic Treaty Consultative Parties that would provide for comprehensive environmental protection of Antarctica, grant Antarctica protective status as a world park, and close Antarctica to commercial minerals development unless a consensus is reached to modify the terms of the Antarctic Treaty for such purposes; and (2) the President, at the upcoming meeting of the Parties in Madrid, Spain, should support efforts to conclude such agreement.
United States · United States Congress · 9 April 1991
Amends the Foreign Assistance Act of 1961 to require the Administrator of the Agency for International Development to: (1) furnish humanitarian assistance for the Kurdish people; (2) solicit private sector donations of humanitarian assistance for Kurdish and other refugees fleeing Iraq; and (3) cooperate with private relief agencies attempting to provide such aid. Authorizes the Commander-in-Chief of the U.S. Transportation Command to provide all airlift and sealift necessary to transport medical supplies. Authorizes appropriations. Urges the President to begin discussions with the nations surrounding Iraq as may be necessary regarding the importation of humanitarian assistance. Permits such assistance to be provided to civilian refugees in Saudi Arabia, Kuwait, and the Allied occupied areas of southern Iraq. Expresses the sense of the Congress that: (1) the attacks upon Iraqi civilians constitute a violation of the Fourth Geneva Convention Relative to the Protection of Civilian Persons in Time of War of August 12, 1949, and a threat to peace and stability in the region; and (2) the United States should request the United Nations Security Council to take measures to prevent these attacks pursuant to the United Nations Charter.
United States · United States Congress · 9 April 1991
Requires the Administrator of the Environmental Protection Agency to: (1) accelerate the scheduled phaseout of production of ozone-destroying substances and provide for complete phaseout as early as possible, but not later than 1997 for chlorofluorocarbons and methyl chloroform; and (2) issue regulations providing for the recapture and recycling of ozone-destroying substances used in appliances and motor-vehicle air-conditioners and for the elimination of such substances used in nonessential consumer products. Declares that the President should: (1) urge the United Nations to call a special session of the Contracting Parties to the Montreal Protocol to conclude an agreement accelerating the phaseout of ozone-destroying chlorofluorocarbons and methyl chloroform and providing for such phaseout by 1997; (2) urge the Contracting Parties to provide for the phaseout of hydrochlorofluorocarbons by 2010; and (3) urge the Contracting Parties to accelerate the compliance of developing countries with the Protocol.
United States · United States Congress · 22 March 1991
Veterans Compensation Improvement Act of 1991 - Increases the rates of: (1) veterans' disability compensation; (2) additional compensation for veterans' dependents; (3) the clothing allowance for certain disabled veterans; (4) dependency and indemnity compensation for surviving spouses and children; and (5) supplemental dependency and indemnity compensation for disabled adult children. Requires such increases to be the same percentage as the increase in benefit amounts payable under title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act. Authorizes the Secretary of Veterans Affairs to make consistent adjustments administratively to the rates of disability compensation payable to certain persons who are not in receipt of compensation for service-connected disability or death. Requires the Secretary to publish such increases in the Federal Register at the same time that OASDI benefit increases are required to be published.
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
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
National Energy Efficiency and Development Tax Act of 1991 - Subtitle A: Renewable Energy Production Incentive - Amends the Internal Revenue Code to allow a tax credit for qualified technologies properties (power plants) that use solar, wind, and geothermal energy. Applies such credit to electricity produced by power plants: (1) placed in service after December 31, 1991, and before January 1, 2002, for which an energy credit has not been allowed; and (2) sold after December 31, 1991, and before January 1, 2009. Subtitle B: Transportation -Amends the Internal Revenue Code to exclude from gross income qualified employer-provided commuter services between an employee's residence and workplace. Includes as qualified services: (1) transportation furnished in a commuter highway vehicle (such as a van); and (2) transportation on public buses, trains, or subways that is paid for or reimbursed by the employer. Limits the exclusion from gross income for parking to parking on (not "on or near," as under current law) the employer's premises, with further specified qualifications. Subtitle C: Buildings and Housing Tax Credits - Allows a tax credit for qualified oil retrofit conservation expenditures in the principal residence of a taxpayer. Describes such expenditures as: (1) flame retention replacement burners; (2) insulation measures, including insulation of water heaters; (3) automatic thermostat controls; and (4) window insulations. Subtitle D: Utilities - Excludes from gross income the amount or value of any subsidy 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 the use of any tax credit or deduction to the extent such subsidy is excluded from gross income. Subtitle E: Automobiles and Trucks - Safe and Efficient Vehicles Incentives Act of 1991 - Amends Federal law to establish: (1) taxes on the sale of any new motor vehicle (light-duty and medium-duty vehicles and trucks) whose fuel economy is less than the sales-weighted average fuel economy or whose composite safety factor is greater (sic) than the sales-weighted average composite safety factor of all new motor vehicles within the same class; and (2) rebates for the purchase of any new motor vehicle whose fuel economy is greater than the sales-weighted average fuel economy or whose composite safety factor is greater than the sales-weighted average composite safety factor of all new motor vehicles within the same class. Sets forth formulae for determining the fuel economy tax (or rebate) and the safety tax (or rebate). Requires the Secretary of the Treasury to publish in the Federal Register and send to each manufacturer or importer of motor vehicles the applicable formulae for each class of vehicle in the next model year. Requires each manufacturer or importer of new light-duty or medium-duty motor vehicles to calculate according to the applicable formulae the fuel economy and safety taxes and rebates for each vehicle. Requires them to include such information on labels affixed to such vehicles. Provides for the collection of such taxes and the disbursement of such rebates. Authorizes appropriations. Requires, not later than July 1, 1992, and each July 1, thereafter, the Administrator of the Environmental Protection Agency to calculate the sales-weighted average fuel consumption and the Secretary of Transportation to calculate the composite safety factor and the sales-weighted average composite safety factor for all light-duty and medium-duty vehicles and trucks with respect to the determination of fuel economy and safety taxes and rebates. Requires each manufacturer or importer of such vehicles to conduct crash tests necessary to determine the composite safety factor of such vehicle whenever such crash test data does not result from the Secretary of Transportation's crash tests. Subtitle F: Domestic Oil and Gas Production - Excludes oil or gas wells from the net income limitation on the percentage depletion allowance. Establishes a marginal production income tax credit for producers who maintain economically unproductive oil wells. Applies the credit to domestic crude that is: (1) from stripper well property; (2) heavy oil; or (3) oil recovered through a tertiary recovery method. Fixes the credit at ten percent of the qualified cost (determined in accordance with a formula set forth in this Act) of each barrel of such oil produced by the producer during the tax year. Establishes a crude oil and natural gas exploration and development tax credit. Allows a ten percent credit for qualifed investments exceeding $1,000,000, 20 percent for those of $1,000,000 or less. Permits the credit as an offset against both minimum tax liability and regular liability. Repeals provisions that identify intangible drilling costs as a tax preference item for purposes of determining alternative minimum tax liability and corporate preference reductions. Allows 50 percent of the marginal production depletion preference (currently the alternative tax energy preference deduction) as a deduction in computing the alternative minimum tax. Increases from 65 to 100 percent (and thus eliminating) the taxable income limitation on the percentage depletion deduction for oil and gas property. Permits a taxpayer to elect to carry forward to the next succeeding taxable year any portion of excess depletion allowances. Provides that the tax imposed on mineral sharing arrangements shall be determined: (1) without regard to a specified revenue ruling, and similar ruling, concerning the operating interest in oil and gas property received for drilling the well; and (2) with regard to the rules in effect before such ruling. Allows the nonconventional source fuels credit to offset the alternative minimum tax liability. Repeals the restriction applying such credit only to fuels produced after December 31, 1979, and before January 1, 1993 (thus extending the credit through December 31, 2002).
United States · United States Congress · 21 March 1991
Urban Schools of America (USA) Act of 1991 - Title I: Urban School Improvement - Authorizes appropriations for this title. Directs the Secretary of Education (the Secretary) to reserve five percent of specified funds for competitive grant awards to exemplary school programs. Directs the Secretary to allot, from remaining amounts, to each eligible local educational agency (LEA) with an approved application an amount based on that LEA's relative allocation under certain provisions of the Elementary and Secondary Education Act of 1965 for education of disadvantaged children (ESEA title I chapter 1). Provides for annual payments to eligible LEAs with approved applications if they comply with certain data collection requirements to monitor progress toward meeting national education goals, and demonstrate such progress. Requires each such LEA to reserve up to five percent of its allotment to make as many grants as practicable, for authorized activities, to community-based organizations or nonprofit partnerships between the LEA and a city-wide collaborative of private sector businesses. Sets limits on the time and the amount of funds to be used for planning purposes. Requires LEAs to use funds under this title to meet national education goals through programs designed to: (1) increase the academic achievement of urban school children to at least the national average; (2) prepare all urban children for school; (3) increase the graduation rates of urban students to at least the national average; (4) prepare urban school graduates to enter higher education, pursue careers, and exercise their responsibilities as citizens; (5) recruit and retain qualified teachers; and (6) decrease the use of drugs and alcohol by urban students, and enhance their physical and emotional health. Sets forth program accountability requirements: (1) in general, for initial grants, renewal grants, and renewal of school participation; (2) for achievement, including demonstration of improvement; and (3) for data collection to monitor progress in achieving national education goals. Authorizes the Secretary to make, from reserved funds, competitive incentive awards to individual schools participating in projects assisted under this title that demonstrate exemplary progress in meeting specified program requirements. Directs the Secretary, by January 1, 1993, to report on the impact of Federal regulations, guidelines, and policies on urban public schools. Requires LEAs desiring to receive an allotment under this Act to establish a local advisory group to: (1) advise on design and conduct of a needs assessment for participating schools; (2) assist in planning for community-wide collaboration in service delivery for youths in participating schools; (3) advise the LEA and the community on how they can work together to use multiple service providers; and (4) advise and assist program implementation and review program evaluation; (5) review and approve community-based organizations' applications; (6) advise on strategies for increasing parental involvement and the number of school volunteers and role models; and (7) review community-based programs' progress or national education goals. Allows use of a comparable existing local advisory group to comply with such requirement. Sets forth special rules relating to ranking of schools to determine relative need, in general, on the basis of achievement, poverty, and racial isolation. Requires each LEA receiving a grant to serve between ten and 20 percent of its schools. Requires eligible LEAs to have flexibility to serve homeless children, desegregating students, immigrants, migrants, or other highly mobile populations, within the program assisted under this title. Deems any approved program for any school served under certain ESEA title I chapter 1 provisions to be sufficient to meet the application and program accountability requirements of this title. Title II: School Building Repair and Renovation - Authorizes appropriations to assist eligible LEAs in repairing and renovating instructional facilities in city schools. Directs the Secretary to reserve one percent of such funds for monitoring activities under this title. Directs the Secretary to allot the remainder to eligible LEAs, which shall use half of such allotment for programs for school building repair and renovation, and half for programs for school environmental concerns and safety improvements. (Authorizes the Secretary to waive such 50 percent division in certain cases.) Directs the Secretary to allocate such funds on the basis of the number of: (1) children from families below the poverty line; (2) school buildings used for instructional purposes; and (3) school buildings more than 25 years old used for instructional purposes. Limits the period covered by a grant application to three years, and requires annual review by the Secretary. Lists types of programs eligible LEAs must conduct with their allotments for: (1) repair and renovation of school buildings; and (2) improvements related to environmental concerns and safety. Title III: Urban School Research - Authorizes appropriations, to carry out this title, for the National Institute for Urban Education (the Institute), established in the Department of Education by this title. Amends the Department of Education Organization Act to create an Assistant Secretary for Urban Education (the Assistant Secretary), who is to establish the Institute in the Department. Directs the Assistant Secretary to: (1) reserve 20 percent of funds for this title for operation of the Institute; and (2) from the remainder of such funds, make allotments to eligible LEAs on the basis of numbers of students. Directs the Institute to: (1) evaluate and disseminate results of activities under title I; (2) conduct research in urban education; (3) serve as a clearinghouse on urban education research findings, policies, and practices; (4) assist LEAs in developing research and evaluation to assess progress toward meeting national education goals; (5) provide training in research and evaluation; (6) design a research and evaluation strategy for assessing progress under this Act; and (7) design and test both common indicators and new multiple-measures of progress toward national education goals. Provides for an Institute Governing Board. Allows LEAs to use funds under this title for: (1) collaborative and coordinated research and evaluation of educational techniques or approaches in multiple cities served by eligible LEAS; (2) evaluation of projects assisted under title I; (3) dissemination of information on successful projects and approaches under title I; (4) design and implementation of programs for LEA technical assistance to individual schools and teachers involved in title I projects; (5) data and information management services for schools participating in a title I program; (6) staff training in such schools; (7) evaluation of progress in meeting national educational goals by LEAs receiving assistance under this Act; (8) staff training in test interpretation and use for diagnostic purposes; (9) information for parents on test results and interpretation; (10) research and evaluation technology and training; (11) tools for assessment of students in individualized instruction; (12) research on school policies and practices that may be barriers to student success; and (13) new, multiple, alternative assessments of student progress. Title IV: General Provisions - Establishes the Interagency Council on Urban Schools to: (1) review Federal programs to determine effects on urban schools' ability to meet national education goals; (2) track school progress toward such goals; (3) solicit advice and information for urban education experts and urban school representatives on improvement of Federal programs; (4) review Federal regulations for duplication or contradiction; (5) report annually to the Congress and the President on urban school progress; (6) review and recommend improvement or streamlinig of Federal data collection in urban schools; and (7) conduct research to help urban school practitioners improve school performance. Directs the President to conduct a White House Conference on Urban Education before October 30, 1993. Requires the Conference to: (1) develop recommendations and strategies for improving urban education; (2) marshal the forces of the private sector, governmental agencies at all levels, parents, teachers, communities, and education officials to assist urban schools in meeting national goals; and (3) conduct initial planning for a permanent national advisory commission on urban education. Requires a report to the President. Authorizes appropriations for such Conference. Establishes a National Commission on Urban Education (the Commission). Directs the Commission to: (1) study specified issues relating to urban schools; and (2) report, and recommend changes in Federal legislation, to the President and appropriate congressional committees. Terminates the Commission three years after its first meeting. Authorizes appropriations for the Commission. Requires eligible LEAs to use Federal funds received under this Act only to supplement but not supplant non-Federal funds.
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
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, with specified 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 amount of 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 from other sources. Directs the Secretary of Transportation to determine and 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 trucks, 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-fueled 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 fueled 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-fueled vehicles; (3) report to the Congress on how Federal, State, and local traffic control measures could promote the use of alternative-fueled 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-fueled 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 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 select manufacturers to sell and service electric vehicles in such areas. 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 light trucks for model years 1996 and thereafter. Authorizes the Secretary of Transportation to modify such standards, 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 violation 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 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.
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
Pan-American Cultural Survival Act of 1991 - Directs the Secretary of State, together with the Administrator of the Agency for International Development (AID), to report to specified congressional comittees on: (1) the numbers of indigenous peoples in each of the Western Hemisphere's republics; (2) the extent to which indigenous peoples are represented within the Western Hemisphere's democratic institutions; (3) current U.S. Government initiatives to promote the well-being of native peoples and to safeguard their property, cultures, and languages; (4) the extent to which such initiatives have sought to promote environmental preservation by safeguarding the rights of such peoples; (5) actions which may be taken to empower indigenous peoples politically as well as to safeguard their property, cultures, languages, and physical well-being; (6) the solicitation of nongovernmental organizations in drawing up strategies for achieving these goals; and (7) the laws and covenants concerning the status of native peoples, on a nation-by-nation basis. Amends the Foreign Assistance Act of 1961 to include in a specified human rights report the treatment and status of indigenous peoples in the Western Hemisphere. Requires the AID Administrator to establish the position of cultural survival officer in the AID mission in any country in which the indigenous peoples: (1) are underrepresented in the country's political life; or (2) could benefit from the development of measures to preserve areas of ecological or environmental significance. Expresses the sense of the Congress that the President, in determining whether to conduct an activity of environmental protection assistance for a Latin American country, to consider the value of such activity in promoting cultural survival of indigenous peoples.
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
Replacement and Alternative Fuels Act of 1991 - Requires the Secretary of Energy to establish a program to: (1) promote the development and use of domestic-produced replacement and alternative fuels to replace conventional petroleum motor fuels; and (2) ensure the availability of those replacement and alternative motor fuels which will have the greatest impact in improving air quality. Prescribes development plan and production goals. Sets a timetable by which the Secretary must prescribe the minimum percentage of domestic-produced replacement and alternative fuels on an energy equivalent basis to be sold in specified calendar years by any refiner for use as a motor fuel. Prescribes minimum percentages of domestically produced replacement fuel to be sold in specified calendar years. Requires the Secretary to promulgate regulations for the exchange of marketable credits among: (1) refiners; (2) distributors of alternative motor fuels sold in commerce for transportation purposes; and (3) manufacturers of electricity-powered automobiles. Requires each refiner to report annually to the Secretary the percentage of domestic-produced replacement fuel, on an energy equivalent basis, contained in the total quantity of motor fuel sold during the preceding calendar year, and the amount of alternative motor fuels, sold or credited to such refiner during such year. Requires each distributor of alternative fuel to report annually to the Secretary the amount of alternative fuel sold into commerce for transportation purposes, and the amount of credits sold to refiners. Requires the Secretary of Transportation to report annually to the Secretary of Energy the number of dual fuel and dedicated alternative fuel vehicles manufactured and sold into commerce by each manufacturer each year. Requires the Administrator of the Environmental Protection Agency to report to the Congress on the environmental impact potential of developing replacement fuels and alternative motor fuels. Amends the Motor Vehicle Information and Cost Savings Act to provide that if the average fuel economy standard applicable to passenger automobiles is increased above a specified level for any model year, the Secretary of Transportation may increase the maximum increase in average fuel economy for a manufacturer attributable to dual energy and natural gas dual energy automobiles to the extent that alternative and replacement motor fuel sales indicate that such fuels are being used to displace the use of conventional petroleum as a motor fuel. Establishes civil penalties for violations of this Act. Authorizes appropriations. Requires the Secretary of Transportation to issue regulations requiring certain gasoline retailers to have available for sale, in addition to replacement motor fuels, other alternative motor fuels.
United States · United States Congress · 20 March 1991
Authorizes the States to waive application of the Commercial Motor Vehicle Safety Act of 1986 to vehicles used either for transporting farm supplies from retail dealers to or from a farm, or for custom harvesting, regardless of whether or not they are controlled or operated by a farmer.
United States · United States Congress · 19 March 1991
Expresses the sense of the Senate that: (1) the people and Government of Poland should be praised for their efforts in trying to transform their economy; (2) the Polish Government is expected to receive a significant reduction of its external debt burden as a result of those efforts; (3) the U.S. representatives to the Paris Club should be applauded for reaching agreement on such debt reduction; (4) the U.S. representatives to the Paris Club should encourage the governments of Western Europe and Japan, in carrying out their commitments to reduce their officially-held Polish debt by at least 50 percent, to exceed such percentage by using swaps; and (5) commercial banks holding Polish debt should also be encouraged to reduce such debt by at least 50 percent.
United States · United States Congress · 14 March 1991
Declares that for purposes of the Natural Gas Act: (1) any sale of natural gas for ultimate use as a motor vehicle fuel (VNG) shall be deemed "ultimately consumed" within the State in which its physical delivery occurs regardless of its physical combustion in another State; (2) certification from a State commission to the Federal Energy Regulatory Commission (FERC) that it has regulatory jurisdiction over a person who receives natural gas which is ultimately consumed within such State shall constitute conclusive evidence of such jurisdiction; (3) sales for resale of VNG by the holder of a service area determination shall be subject to the exclusive jurisdiction of the State commission in the State in which physical delivery of such VNG occurs; (4) transportation of VNG by the holder of a service area determination shall deem the VNG to be consumed within the State in which physical delivery occurs; and (5) the sale for resale, or transportation of VNG by the holder of a service area determination shall be deemed subject to the exclusive jurisdiction of the State commission of the State in which such activity occurred. Requires the Secretary of Energy (the Secretary) to: (1) institute a government-sponsored public education program regarding alternative fuel costs and characteristics; (2) report to the Congress on Federal purchasing policies regarding alternative-fueled vehicles and on the promotion of such vehicles through preferential treatment under Federal, State and local traffic control measures; and (3) develop a plan for the establishment of a trust fund for loans to convert vehicles to use of alternative-fuels or to purchase vehicles that already use them. Authorizes the Secretary to enter into cooperative agreements and joint ventures with governmental or regional transit authorities in certain-sized urban areas to demonstrate the feasibility of using alternative fuels for mass transit. Authorizes appropriations. Directs the Secretary to provide financial assistance and implement a program to encourage commercialization of alternative fuels for passenger fleets, light-duty trucks, and heavy-duty trucks. Authorizes appropriations. Directs the Secretary of Labor to implement a technician training and certification program with respect to the conversion and maintenance of alternative-fueled vehicles. Authorizes appropriations. Directs the Secretary to implement a research and demonstration program with respect to: (1) improved alternative-fueled vehicle technology; (2) cofiring of natural gas and pulverized coal in electric utility units and large industrial boilers in order to determine optimal natural gas injection levels for both environmental and operational benefits; (3) techniques to increase the availability of natural gas from specified sources; and (4) natural gas and electric heating and cooling technologies in residential and commercial buildings. Authorizes appropriations. Declares that for purposes of the Clean Air Act physical or operational changes in electric utility steam generating units undertaken for pollution control purposes shall not be treated as modifications for a specific regulated pollutant if such changes do not increase the potential emissions of such pollutant from such units above the potential emissions before the change. Outlines nitrogen oxide control requirements at an existing electric utility steam generating unit for purposes of the Clean Air Act. Amends the Natural Gas Act to set forth a statutory incentive scheme to expand natural gas production, pipelines and services. Deems rates to be just and reasonable if they meet one of three specified criteria, including falling within a FERC-prescribed zone of reasonableness whose upper limit shall be the rates yielded by incorporating a current market valuation of the natural gas company's investment, and whose lower limit shall provide for the minimum return on investment necessary to attract and retain capital. Sets forth a 60-day deadline within which FERC must take final action on rehearing applications. Prohibits FERC from deferring action on the merits of an application through issuance of an order during such period. Exempts from antitrust liability joint natural gas transportation rates negotiated by natural gas companies pursuant to FERC approval. Mandates that pipeline rates include investments made by a natural gas company which are used in rendering service. Sets forth FERC criteria under which any amount charged for a sale for resale by an interstate pipeline shall be deemed just and reasonable. Sets forth conditions under which certain new natural gas services shall either: (1) be authorized by the acceptance of tariff sheets and not require a certificate of public convenience and necessity; or (2) be exempt from the tariff and rate review provisions of the Natural Gas Act. Permits a natural gas company to abandon without FERC approval jurisdictional sales services to customers upon expiration of the underlying sales contract. Requires FERC approval of any such abandonment if the customer has previously converted jurisdictional sales services to jurisdictional transportation services and pays the just and reasonable non-discriminatory rate. Provides that fixed charges 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 that the pipeline does not offer reasonably competitive alternatives to its sales service. States that action by FERC to redress any anticompetitive impacts upon domestic gas producers shall be a prerequisite to the approval of an import application. Declares that the Natural Gas and FERC jurisdiction do not apply to a facility constructed by a natural gas company which would otherwise be subject to FERC jurisdiction by virtue of such construction if that company meets specified criteria. Declares that for purposes of required environmental review of natural gas pipeline projects there shall be a rebuttable presumption of a finding of no significant impact for any natural gas pipeline construction project which either utilizes existing utility or highway corridors, or does not involve construction in high value wetland areas. Makes FERC the lead agency for preparation of environmental assessments and environmental impact statements regarding interstate natural gas facilities. Sets forth a two-phase certification process the first phase of which shall involve all matters requiring FERC review over non-environmental matters, and the second phase of which shall address only required environmental matters. Makes FERC approval pursuant to each phase a final order on such matters. Outlines expedited procedures for Environmental Assessments submitted by pipelines. States such Assessments shall be presumptively valid if they use a FERC-prescribed format. Allows a certificate applicant to pay an outside environmental contractor, approved by FERC, to conduct an environmental review. Requires the Office of Technology Assessment to study and report to the Congress on: (1) the impact of global natural gas production, usage and transportation trends upon domestic energy policy and the United States natural gas industry; and (2) State and local regulatory barriers to increased natural gas usage. Requires the Office to make recommendations on the establishment of a uniform national policy to enhance natural gas usage.
United States · United States Congress · 14 March 1991
Alcoholic Beverage Advertising Act of 1991 - Declares it unlawful to advertise through magazines, newpapers, brochures, promotional displays, or radio or television broadcasting (including cable broadcasting) any alcoholic beverage unless the advertising includes one of specified health warnings. Makes the Secretary of Health and Human Services responsible for establishing and maintaining toll free numbers for assistance referred to in some of the warnings. Sets forth requirements for the warnings, including rotating among the warnings. Requires the Chairman of the Federal Trade Commission to enforce this Act. Provides for civil monetary penalties and injunctions.
United States · United States Congress · 14 March 1991
Establishes the Senate Select Committee on POW/MIA Affairs to receive, concurrently with other committees of the Senate with jurisdiction, all messages, petitions, memorials, and other matters relating to U.S. personnel unaccounted for from military conflicts.
United States · United States Congress · 13 March 1991
Amends the Federal judicial code to provide for the appointment of additional bankruptcy judges for the districts of Arizona, Colorado, Maryland, Puerto Rico, and South Carolina, the middle districts of Florida and Tennessee, the eastern districts of Pennsylvania and Virginia, the southern district of Florida, and the northern district of Georgia.
United States · United States Congress · 13 March 1991
General Aviation Accident Liability Standards Act of 1991 - Declares that this Act supersedes any State law regarding liability for general aviation accidents. Establishes guidelines for uniform standards of liability of general aviation manufacturers for general aviation accidents. States that all actions for harm arising out of a general aviation accident shall be governed by the principles of comparative responsibility. Establishes, with specified exceptions, a limitation of actions period of 20 years from delivery of aircraft or harm-causing part to the purchaser for general aviation civil liability brought against a general aviation manufacturer. Declares admissible as evidence certain income tax and payroll tax liability for purposes of establishing financial harm arising out of a general aviation accident. Permits the award of punitive damages if a claimant establishes by clear and convincing evidence that the harm suffered was the direct result of conduct manifesting conscious, flagrant indifference to safety. Establishes a two-year limitation of actions period for actions arising out of a general aviation accident. Declares the intent of the Congress that sanctions be strictly enforced for violations of Rule 11 of the Federal Rules of Civil Procedure, including orders to pay to the other party the reasonable costs of legal fees. Confers original jurisdiction upon the Federal district courts, concurrently with State courts, for all civil actions that exceed $50,000 for harm arising out of a general aviation accident. Provides procedures for removal from State to Federal district courts of such actions.
United States · United States Congress · 13 March 1991
Prohibits the President from lifting U.S. economic sanctions against Saddam Hussein's regime in Iraq and directs the President to make every effort to ensure that the multinational coalition maintains the full range of economic sanctions, until such regime has released all prisoners of war and has accounted as fully as possible for all those missing in action, including Kuwaitis captured during the Iraqi occupation.
United States · United States Congress · 12 March 1991
Savings and Investment Incentive Act of 1991 - Title I: Retirement Savings Incentives - Amends the Internal Revenue Code to remove the limitations on deductions for individual retirement plans and provides a cost of living adjustment for deductible amounts. Establishes special individual retirement accounts that are nondeductible. Makes such accounts nontaxable if earnings on contributions are held for at least five years. Applies the early withdrawal penalty to distributions made before the end of the five year-period. Title II: Penalty-Free Distributions - Provides exemptions from the ten-percent penalty on early withdrawals from individual retirement plans for: (1) first home purchases; (2) higher education expenses; and (2) financially devasting medical expenses.
United States · United States Congress · 12 March 1991
Condemns: (1) the arrest and detention of Kenyan citizens for the peaceful expression of political views; and (2) the Kenyan Government's disregard of human rights and fundamental freedoms. Calls upon the Kenyan Government to: (1) end intimidation and harassment of those critical of government policies and those working for democracy in Kenya; and (2) implement safeguards to ensure freedom of the press and independence of the judiciary and to guarantee civil and human rights for individuals detained by the Government. Amends the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991 to prohibit making available, obligating, or expending funds appropriated by any Act under the heading "Foreign Military Financing Program" for FY 1990 for Kenya until specified conditions are met.
United States · United States Congress · 12 March 1991
Calls upon: (1) Burma's State Law and Order Restoration Council to cede legal authority to a civilian government as mandated by the May 1990 elections; and (2) the United Nations Human Rights Commission to seek greater access to Burma for its Expert on human rights and to continue and expand its scrutiny of human rights in such country. Condemns: (1) the arrest and detention of Burmese citizens for the peaceful expression of their political views; and (2) such Government's disregard of human rights and fundamental freedoms. Urges: (1) the President to impose additional economic sanctions upon Burma pursuant to the Customs and Trade Act of 1990; (2) the United States to affirm its support for the resettlement of Burmese asylum seekers; and (3) the Government of Thailand to accord all displaced Burmese temporary safe haven, protection against return of those who might face persecution, and access to procedures for third country resettlement for those Burmese refugees who are without safe and reasonable alternatives.
United States · United States Congress · 7 March 1991
Childhood Hunger Prevention Act of 1991 - Title I: Food Stamp Program - Amends the Food Stamp Act of 1977 to direct the Secretary of Agriculture to increase the basic food stamp program (program) benefit level by specified annual increments until it reaches 105 percent of the cost of the thrifty food plan. Excludes from consideration as program income the first $50 a month received as child support. Removes the excess shelter deduction cap for purposes of program eligibility. Increases annually the fair market value limit of vehicles that program recipients may own. Directs the Secretary to conduct, and authorizes States to conduct, pilot projects to study program participation barriers in rural areas. Authorizes the Secretary to use specified funds to improve program services for homeless persons. Title II: Nutrition Programs - Amends the National School Lunch Act to: (1) permit certain private residential day care organizations to participate in the child care and adult food program; (2) permit meal supplements (snacks) for children in after school care programs (by eliminating the child care food program requirement); and (3) increase specified funds for food assistance to homeless preschool children. Amends the Child Nutrition Act of 1966 to authorize specified appropriations for the supplemental food program for women, infants, and children (WIC) program. Title III: Effective Dates - Sets forth the effective dates for provisions of this Act.
United States · United States Congress · 7 March 1991
Expresses the sense of the Congress that the United States shall use diplomacy to encourage the Government of El Salvador and the Farabundo Marti National Liberation Front (FMLN) to: (1) participate in good-faith negotiations to achieve a cease-fire and permanent settlement of the conflict in El Salvador; (2) adhere to the terms of agreements signed in Geneva, Switzerland, Caracas, Venezuela, and San Jose, Costa Rica; and (3) support the role of the Secretary General of the United Nations in advancing proposals on the outstanding issues defined in the Caracas Accords to resolve the conflict. Withholds from El Salvador unobligated military assistance for FY 1991 and prior fiscal years and military assistance allocated for FY 1992 and 1993 until the Congress enacts a joint resolution authorizing the provision of such assistance and the President reports to the Congress that: (1) those responsible for ordering and carrying out, or obstructing the investigation into, the November 1989 murders of certain priests and civilians have been apprehended and brought to justice; (2) internationally recognized workers' rights have been extended to Salvadoran workers; (3) the El Salvadoran Government has pursued legal avenues to bring to trial and obtain verdicts for those responsible for the murders of Archbishop Romero and certain land reformers and for the bombings of the FENASTRAS headquarters; (4) the El Salvadoran Government is complying with international standards of respect for humanitarian and medical workers; (5) steps have been taken to place the El Salvadoran military under the control of the civilian government; (6) the El Salvadoran Government is negotiating to achieve a cease-fire and a settlement of the conflict and has not rejected a plan for the settlement of the conflict put forth by the United Nations Secretary General; and (7) the El Salvadoran Government, through its military and security forces, has not engaged in assassinations of, or acts of violence against, civilians and has not failed to control such activities by elements subject to the control of such forces. Prohibits funding for: (1) the stationing of U.S. military personnel in El Salvador as trainers or advisors to the El Salvadoran armed forces; and (2) the financing of covert operations in El Salvador or for covert military assistance to the El Salvadoran Government. Establishes the Demobilization, Transition, and Reconstruction Fund to assist with the cost of monitoring a permanent settlement of the conflict, the demobilization of combatants in the conflict and their transition to peaceful pursuits, and the reconstruction of El Salvador. Makes the Fund available only upon the President's notification to the Congress that the El Salvadoran Government and the FMLN have reached a permanent settlement to the conflict. Requires the President, upon notification of a permanent settlement or on September 30, 1992, if no notification has occurred prior to such date, to transfer withheld military assistance to the Fund. Prohibits economic support fund (ESF) assistance from being obligated as balance-of-payments or cash assistance for El Salvador. Makes ESF assistance for El Salvador available only for projects for child nutrition, health, clean water, basic education, agrarian reform, resettling refugees, and other human needs of the people of El Salvador. Requires such assistance to be used only for programs implemented solely by civilian agencies. Subjects ESF assistance for El Salvador to reprogramming notifications under the Foreign Assistance Act of 1961.
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
Expresses the policy of the U.S. Government to: (1) establish in each of the Baltic States a U.S. presence, such as an information office, to serve as a form of political recognition and support; and (2) channel to the Baltic States directly U.S. Government humanitarian aid and economic assistance, including management and training assistance, in addition to private sector humanitarian aid. Calls for the United States to: (1) recognize, establish, and maintain direct contacts with the Parliaments of Lithuania, Latvia, and Estonia; and (2) propose and seek support for observer status for the Baltic States in the Conference on Security and Cooperation in Europe (CSCE) at the next meeting of foreign ministers of the CSCE participating states.
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 · 6 March 1991
Savings and Loan Simplification Act of 1991 - Abolishes the Resolution Trust Corporation (RTC) Oversight Board. Amends the Federal Home Loan Bank Act to declare that the Board of Directors of the Federal Deposit Insurance Corporation (FDIC), plus four independent members appointed by the President, shall be the Board of Directors of the RTC. Requires the RTC to submit periodic financing reports to the Secretary of the Treasury. Abolishes the Federal Housing Finance Board and transfers its responsibilities to the Board of Governors of the Federal Reserve System, which shall supervise the Federal Home Loan Banks and ensure that they remain adequately capitalized. Establishes as an independent establishment the Office of the Comptroller of the Currency, whose chief officer shall be the Comptroller of the Currency, and which shall be charged with the execution of: (1) all Federal laws relating to national currency secured by U.S. bonds; and (2) all Federal Reserve notes, under the general supervision of the Board of Governors of the Federal Reserve System. Abolishes the Office of Thrift Supervision (OTS). Makes the Comptroller of the Currency the supervisor of savings associations with powers previously held by the Director of OTS and not transferred to the Board of Governors of the Federal Reserve System. Amends the Federal Deposit Insurance Act to restructure the Board of Directors of the FDIC, replacing the Director of OTS with the Comptroller of the Currency (as a nonvoting member). Amends the Federal Home Loan Bank Act to require the Secretary of the Interior to: (1) review the real property assets of institutions subject to RTC jurisdiction; and (2) identify properties with natural, cultural, recreational, or scientific value of special significance. Directs the RTC to select a clearinghouse for information relating to such properties after soliciting comments on such selection from public agencies and nonprofit organizations. Directs the Secretary to provide the clearinghouse with written notification of real estate available for sale and identified as having such significant characteristics. Authorizes the RTC to transfer property or interests therein to any public agency or nonprofit organization that agrees to maintain such special characteristics. Directs the RTC to transfer such property to any Federal or State agency for conservation purposes at the request of the Secretary. Prohibits the RTC from offering to sell such real estate to any entity other than a public agency or nonprofit organization for the 45-day period beginning on the date that written notification is sent by the Secretary to the clearinghouse. Precludes the RTC from offering to sell any undeveloped land of over five acres except to a public agency or nonprofit organization pending determination by the Secretary as to whether such land has certain significant characteristics. Directs the Federal Home Loan Bank Board to reduce the Federal Home Loan Bank districts to five. Reduces RTC borrowing authority from 85 percent to 75 percent of the value of assets it holds, available cash, and any borrowing authority not yet used by the Resolution Funding Corporation (all constituting "working capital").
United States · United States Congress · 5 March 1991
Comprehensive Deposit Insurance Reform and Taxpayer Protection Act of 1991 - Requires Federal banking agencies to take specified steps to strengthen capital standards for insured depository institutions, including: (1) requiring enough capital to facilitate prompt corrective action to prevent loss to the Bank Insurance Fund (BIF) and Savings Association Insurance Fund (SAIF); and (2) improving risk-based standards and controlling interest-rate and concentration of credit risk. Amends the Federal Deposit Insurance Act to direct the Securities and Exchange Commission to facilitate the development of accounting principles for insured depository institutions that: (1) accurately reflect the economic condition of such institutions; and (2) facilitate effective supervision and prompt corrective action to resolve troubled institutions' problems at no cost to the BIF or SAIF. Requires that the accounting principles applicable to insured depository institutions be no less conservative than generally accepted accounting principles (GAAP). Permits the banking agencies to prescribe more conservative accounting principles than GAAP to meet the purposes of this Act. Requires each appropriate Federal banking agency to conduct an annual on-site examination of each insured depository institution under its jurisdiction. Exempts from such requirement institutions for which a conservator has been appointed, or which have been examined by the FDIC during the past 12-month period. Mandates that each appropriate Federal banking agency take prompt corrective action to ensure that problems of ensured depository institutions are resolved at no cost to either the BIF or the SAIF. Prohibits an insured depository institution from making any capital distribution if it would be undercapitalized as a result. Requires banking agencies to monitor: (1) undercapitalized insured depository institutions; and (2) compliance with capital-restoration plans and restrictions (including period reviews). Requires an undercapitalized insured depository institution to submit a capital restoration plan within the time-frame established by the appropriate Federal banking agency. Specifies plan contents. Prohibits a Federal banking agency from accepting a capital restoration plan unless each company having control of the insured depository institution guarantees its compliance with the plan until the capital standards have been satisfied for 12 consecutive months and the institution provides appropriate assurances of performance. Mandates the establishment of deadlines by Federal banking agencies for plan submission and review. Prohibits an undercapitalized insured depository institution from increasing its total assets. Sets forth asset growth restriction guidelines. Authorizes banking agencies to set forth certain restrictions upon an undercapitalized insured depository institution that fails to submit an acceptable capital restoration plan within agency-set limits (or that fails in any material respect to implement a plan accepted by the agency). Prohibits an undercapitalized insured depository institution from making certain compensation or bonus payments to its executive officers if it fails to: (1) submit an acceptable capital-restoration plan within agency-set deadlines; or (2) implement a capital-restoration plan accepted by the banking agency. Mandates that Federal banking agencies specify by regulation "critical capital levels" so that problems of insured depository institutions can be resolved at no cost to the BIF or SAIF when the institution's capital falls below such a level. Requires the concurrence of the Federal Deposit Insurance Corporation (FDIC) for any critical capital level that is less stringent than that specified by the FDIC for State nonmember insured banks. Prohibits an insured depository institution from making any payments of principal or interest on its subordinated debt unless it has capital sufficient to meet the critical capital level after making such payment. Mandates that the appropriate Federal banking agency: (1) appoint a conservator or receiver within 30 days after an institution's capital falls below the requisite critical level; and (2) place specified restrictions upon such institution's activities. Exempts from such restrictions institutions for which a conservator or receiver has been appointed. Requires the inspector general of the appropriate Federal banking agency to report to the Comptroller General and the FDIC with respect to: (1) the agency's supervision of an insured depository institution which has caused a loss to either the BIF or the SAIF; and (2) why the agency failed to resolve the institution's problems at no cost to either insurance fund. Requires public disclosure of such report. Amends the Federal Deposit Insurance Act, the Bank Conservation Act, and the Home Owners' Loan Act to cite as additional grounds for appointment of a conservator or receiver of a depository institution: (1) inability to achieve capital compliance standards by selling shares or obligations; (2) non-compliance with capital standards; (3) failure to submit an acceptable capital-restoration plan within the prescribed time-frame; (4) material failure to implement a capital-restoration plan; and (5) failure to achieve prescribed critical capital levels. Authorizes the Comptroller of the Currency to appoint a receiver for national banks on the same non-compliance grounds. Amends the Federal Deposit Insurance Act to authorize: (1) a banking agency to appoint the FDIC as sole conservator or receiver of any insured State depository institution; and (2) the FDIC to appoint itself as conservator or receiver for insured depository institutions to prevent loss to the affected deposit insurance fund. Provides that commitments made to specified regulatory agencies to maintain the capital of an insured depository institution may be enforced under this Act. Requires all deposits at insured depository institutions to be registered under a taxpayer or employer identification number. Sets forth guidelines for the calculation of the amount of deposit insurance providing that the maximum amount of any depositor's insured deposit at any insured depository institution shall be: (1) $100,000; and (2) an additional $100,000 for certain pension accounts established under profit-sharing plans, and individual retirement arrangements. Directs the FDIC to aggregate the amounts of all deposits in an institution registered under the depositor's taxpayer identification and to deduct any offsets. Prohibits deposits from being insured on a pro-rata or pass-through basis except for certain tax-exempt trusts and individual retirement arrangements. Prohibits an insured depository institution from accepting deposits from intermediaries (brokered deposits) unless: (1) it is in compliance with prescribed capital standards; and (2) it does not pay interest rates significantly exceeding those paid on deposits not made by or through intermediaries. Authorizes the FDIC to: (1) prohibit insured depository institutions from accepting deposits through any intermediary; and (2) establish terms under which such institutions may accept deposits from or through intermediaries. Directs the FDIC to: (1) exercise its authority so as to prevent insured depository institutions' acceptance of brokered deposits from posing any significant risk to the BIF, the SAIF, or the Resolution Trust Corporation (RTC); and (2) prescribe regulations prohibiting, except in certain circumstances, any insured depository institution that accepts brokered deposits from rapidly increasing its assets or permitting brokered deposits to increase at a rate exceeding the rate of increase of its total deposits, unless the FDIC permits. Directs the FDIC to satisfy its obligations to an institution's insured depositors according to guidelines for the least possible long-term cost to the affected deposit insurance fund. Provides that an affiliate of an insured depository institution shall be liable to the FDIC for up to a specified maximum of such institution's assets if the FDIC either: (1) incurs a loss in connection with such institution; or (2) provides assistance to an institution in danger of default. Directs the FDIC to establish a risk-based assessment system for insured depository institutions. Authorizes the FDIC to: (1) obtain private reinsurance covering not more than ten percent of any loss incurred by the FDIC with respect to such an institution, and base that institution's assessment rate on the cost of such reinsurance; and (2) establish separate risk-based assessment systems for BIF and SAIF members. Prescribes guidelines for such assessment system, including maintenance of designated reserve ratios. Makes assessments semiannual. Directs the FDIC to set the designated reserve ratio of the BIF separately from that of the SAIF. Sets forth recordkeeping requirements for assessment purposes. Authorizes the FDIC to restrict any activity of insured banks that poses a significant risk to the affected deposit insurance fund. Prohibits an insured State bank and its subsidiaries from engaging as principal in any activity that is impermissible for a national bank and its subsidiaries, unless specified conditions have been met. Prohibits State banks or their subsidiaries from directly acquiring any equity investment of a type or amount that is impermissible for a national bank or its subsidiaries. Exempts community development investments from this prohibition if the bank is in compliance with federally prescribed capital standards. Prohibits an insured bank from acquiring, directly or through a subsidiary, any corporate debt security that is not of investment grade. Amends the Federal Reserve Act to apply to subsidiaries as well as member banks the prohibition against making loans or extending credit (including assets purchases) in excess of established limits to executive officers or other specified insiders. Amends the Home Owner's Loan Act to apply the same prohibition to savings associations. Amends the Bank Holding Company Act Amendments of 1970 to apply to savings banks and savings associations certain prohibitions against tying arrangements and specified restrictions on correspondent accounts with respect to preferential loans. Amends the Federal Deposit Insurance Act with respect to nonmember insured banks and prohibitions against loans to executive officers and preferential loans to insiders, as well as proscriptions against extensions of credit to officers, directors and principal shareholders. Applies the credit extension proscription to any insured branch of a foreign bank, but not to the foreign bank itself solely because it has an insured branch. Amends the Federal Reserve Act to direct the Board of Governors of the Federal Reserve System (the Board) to limit, by regulation, an insured depository institution's exposure to any depository institution. Prohibits a depository institution from accepting deposits for the account of any insured depository institution unless the accepting institution has: (1) capital exceeding currently prescribed capital standards; and (2) such additional capital as the Board determines necessary to implement the purposes of this Act. Amends the Federal Deposit Insurance Act to direct the FDIC to satisfy its obligations to an institution's insured depositors according to guidelines for the least possible long-term cost to the affected deposit insurance fund. Provides that an affiliate of an insured depository institution shall be liable to the FDIC for up to a specified maximum of such institution's assets if the FDIC either: (1) incurs a loss in connection with such institution; or (2) provides assistance to an institution in danger of default. Sets forth guidelines for the certification as insured depository institutions of noninsured national non-member banks and State banks which became Federal Reserve members. Mandates that the financial status reports required of insured depository institutions with certain assets include: (1) estimates of the aggregate market value of assets and liabilities and the resulting estimated net worth and supporting data and assumptions used in preparing the estimates; and (2) disaggregated reports of assets, including participation in highly-leveraged transactions, holdings of noninvestment grade securities, commercial and industrial loans by sector, and other assets as specified by the appropriate Federal banking agency. Requires each depository institution to submit reports to the appropriate banking agency regarding: (1) the names of holders of more than five percent of the insured institution's equity securities and the maximum amount of securities held by each such holder during the preceding quarter; and (2) a description of activities conducted by the institution and its subsidiaries that are not permitted for national banks or for bank holding companies, with data on the magnitude of the activity. Makes such reports available to the public. Mandates that Federal banking agencies report annually to the Congress regarding: (1) the estimated number and aggregate assets of insured depository institutions likely to fail in the ensuing two years; (2) how insured depository institutions and their subsidiaries conduct activities not permitted for national banks or for bank holding companies; (3) the number and assets of insured depository institutions in various stages of solvency and capitalization; and (4) the extent of compliance with cease-and-desist orders, supervisory agreements, and capital restoration plans. Requires the FDIC to include in its annual status report to the Congress certain information pertaining to failed depository institutions and institutions which are either on the problem bank list or likely to be on it. Sets forth guidelines for confidential access by the Congressional Budget Office to a banking agency's: (1) internal rating list of institutions; and (2) list of troubled institutions. Directs the Comptroller General to: (1) review the oversight by the Federal banking agencies with respect to required reports of conditions; and (2) audit the failure estimates contained in specified reports. Directs the Securities and Exchange Commission to facilitate the development of: (1) disclosure guidelines for the purpose of accurate financial status disclosure and prompt corrective action to resolve troubled institutions' problems at no cost to the BIF or the SAIF; and (2) interpretive guidelines of accounting standards for the early disclosure of problem loans, and to prevent delay in recognizing losses that may result in loss to the BIF or the SAIF. Amends the Home Owner's Loan Act to repeal the conditions placed upon public disclosure of the reports of conditions supplied to the Director of the Office of Thrift Supervision with respect to Federal savings associations. Amends the Federal Deposit Insurance Act to provide that by becoming insured under the Act a depository institution consents to be bound by Federal statutes relating to the safety and soundness of insured depository institutions. Requires an uninsured depository institution to disclose its uninsured status clearly and conspicuously on signature cards, passbooks, periodic statements of account, and in all advertising according to specified guidelines. Exempts from the disclosure requirements certain institutions not accepting retail deposits. Authorizes the National Credit Union Administration to enforce the same disclosure by uninsured credit unions.
![Official portrait of Sen. Wirth, Timothy [D-CO]](https://www.congress.gov/img/member/w000647_200.jpg)