Agriculture

Records whose title is actually about this topic. Use a country filter if the list is still too broad.

251 records in US in 1991

Records

Bill· SS. 976 (102nd)open

Resource Conservation and Recovery Act Amendments of 1992

United States · United States Congress · 25 April 1991

Resource Conservation and Recovery Act Amendments of 1991 - Title I: General Amendments - Amends the Solid Waste Disposal Act to revise congressional findings, objectives, and national policy provisions. Extends the authorization of appropriations for the Solid Waste Disposal Act through FY 1996. Sets forth procedures for the administrative review of regulations. Title II: Toxics Use and Source Reduction - Encourages the Administrator of the Environmental Protection Agency (EPA), in promulgating requirements or taking actions under specified environmental Acts, to make toxics use and source reduction an integral part of the planning and decisionmaking process. Integrates specified provisions of the Pollution Prevention Act of 1990 into the Solid Waste Disposal Act. Requires the Administrator, as part of a source reduction strategy, to: (1) convey to EPA offices the impediments to toxics use and source reduction; (2) review and comment upon toxics use and source reduction strategies developed by other Federal agencies; (3) provide assistance to the educational community to promote the introduction of toxics use and source reduction principles into design, engineering, management, and environmental sciences curricula; and (4) provide for opportunities to educate Federal, State, and local government staff of opportunities for cross-media environmental protection. Extends the authorization of appropriations for grants to States to promote toxics use and source reduction by businesses through FY 1996. Requires the Administrator to survey a representative sample of owners and operators of facilities within Standard Industrial Code Classifications 20 through 39 to determine the nature and extent of: (1) the production, use, and consumption of hazardous substances and the generation of solid and hazardous wastes; and (2) toxics use and source reduction that has occurred or is planned. Directs the Administrator to: (1) establish guidelines for hazardous substance accounting practices; and (2) publish toxics use and source reduction goals for industrial categories required to report pursuant to the Emergency Planning and Community Right-to-Know Act. Requires owners or operators of facilities required to submit toxic chemical release forms pursuant to the Emergency Planning and Community Right-to-Know Act to submit to the Administrator or an authorized State a toxics use and source reduction plan. Directs the Administrator to establish a schedule for the submission of such plans. Sets forth minimum requirements for such plans. Requires owners or operators of such facilities to submit biennially to the State a toxics use and source reduction performance report documenting reduction activities. Sets forth minimum requirements for such reports. Permits persons who can show that a facility is not making a good faith effort to comply with a toxics use and source reduction plan to request EPA or an authorized State to certify whether the facility is in compliance. Authorizes the Administrator or an authorized State to require a facility audit and requires plan modifications if a facility fails to implement or achieve objectives of the plan. Applies plan requirements to Federal facilities that conduct operations comparable to facilities required to submit toxic chemical release forms. Authorizes the Administrator to adopt regulations for exempting categories of facilities from such requirements where toxic use and source reduction opportunities do not reasonably exist for such facilities. Requires the Administrator to establish a Products and Packaging Advisory Board to report on the development of a voluntary program to: (1) minimize the quantity of packaging and other material in the waste stream; (2) minimize the consumption of scarce natural resources in the production and use of packaging; (3) maximize the recycling and reuse of packaging; (4) reduce litter; and (5) assure that human health and the environment will not be affected adversely as a result of the use and disposal of packaging and products. Authorizes the Administrator, after considering the Advisory Board's report, to publish guidelines to take the steps covered by the proposed program. Requires the Administrator to: (1) determine the extent to which hazardous substances are contained in products distributed in commerce; and (2) submit to the Congress a list of products containing hazardous substances which may present a health or environmental risk when disposed or incinerated. Provides for annual revisions of such list. Authorizes the Administrator to promulgate regulations for the disposal or incineration of listed products. Requires the Administrator, if such regulations will not adequately protect human health and the environment, to regulate the manufacture and distribution in commerce of such products. Authorizes the Administrator to establish a research program at the Hazardous Substance Research Centers (created pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act) to assist the EPA Office of Pollution Prevention. Requires the Administrator to report to the Congress on the criteria that would be used in establishing a program of regulatory incentives to promote toxics use and source reduction and to evaluate the benefits to human health and the environment that can be achieved from such program. Title III: Recycling - Declares it to be a national goal that at a minimum the generation of municipal solid waste be reduced by at least ten percent by the year 2000 and that at least 25 and 50 percent of such waste stream be recycled by 1995 and the year 2000, respectively. Requires the Administrator to promulgate commodity specific recovery and utilization standards for paper, glass, metals, plastic products, and other commodities. Provides for the review of such standards at least every five years and for revisions, as necessary. Requires the annual minimum recovery and utilization rate (by December 31, 1995) to be at least: (1) 52 percent for newsprint; (2) 66 percent for corrugated paper products; (3) 20 percent for mixed paper grades; (4) 50 percent for high-grade deinking paper; and (5) 100 percent for pulp substitutes; or (6) 40 percent for all grades of paper products. Directs the Administrator, if such rates have not been achieved by such date, to establish specified minimum recycled materials content standards. Requires the minimum annual recovery and utilization rate for plastic bottles or containers having a thickness of seven mils or greater and which retain shape when unsupported to be at least 25 percent by December 31, 1995. Directs the Administrator, if such rate has not been achieved, to require the annual minimum recycled content in such bottles and containers to be 30 percent by December 31, 2000. Requires the annual average percentage of cullet in glass bottles and containers to be at least 65 percent by January 1, 2005. Directs paper manufacturers and manufacturers of glass, metal, and plastic bottles or containers to report annually to the Administrator on the amount produced, the amount of recycled material used, and the average annual percentage of recycled content used in production. Requires the Administrator to compile an annual list indicating the average annual amount of recycled material used by commodities and the percentage of recycled content for each manufacturer and commodity. Directs publishers of daily newspapers with annual circulations of 25,000 or more to publish the average annual recycled content used in the production of the newspaper. Requires the Administrator to report to the Congress on enforcing commodity specific recycling requirements. Directs the Administrator to conduct demonstration projects and to develop model programs for the collection of materials for recycling in urban and rural areas. Requires such programs to identify collection methods, recycling techniques and technologies, markets for recycled materials, methods for stimulating such markets, methods of financing, and education and training programs that are adapted for recycling in rural areas. Authorizes States to develop model programs or establish their own programs for collecting materials for recycling purposes. Sets forth minimum requirements for State programs. Requires procuring agencies to give preference in procurement to items produced with the highest percentage of recovered materials practicable. Directs such agencies to purchase a quantity of recovered materials, the value of which constitutes 20 percent of the total dollar amount spent on procurement. Increases such percentage by two percentage points every second fiscal year. Provides that the percentage of total procurement reached at the end of the tenth year shall be required for every succeeding fiscal year. Prohibits agencies from paying more than ten percent above the price of a similar item not meeting guidelines for recovered materials. Sets forth a schedule for the preparation of final guidelines for the procurement of recovered glass, ferrous and nonferrous metals, lead-acid batteries, compost, plastic, used tire fragments, and rubber. Requires the Administrator to provide technical assistance to procuring agencies for compliance purposes. Directs the Secretary of Agriculture to establish a program to assure that purchases of fertilizer by the Department of Agriculture include fertilizer made with composted solid waste or secondary materials. Requires the Secretary of Defense to review specifications for military procurement items and to make necessary modifications to eliminate requirements that discriminate against the use or acquisition of items containing recovered materials. Directs the Secretary of Commerce to take actions to stimulate the development of new markets for recovered materials and products containing such materials. Requires the Secretary and the U.S. Trade Representative to identify foreign markets for such materials and products and to assist exporters of such materials and products in selling in such markets. Directs the Secretary to: (1) acquire and disseminate information regarding the world demand and competition for recyclable materials and products containing recovered materials, the marketing and distribution of such materials and products in foreign countries, and the factors influencing the export of such materials and products from the United States; and (2) undertake demonstrations abroad of the standards of quality of such materials and products. Provides that Federal contracts for $1,000,000 or more shall require at least 50 percent of materials (for which there are procurement guidelines) used in such contracts to be produced from recycled materials. Permits any person to petition a Federal agency to undertake a waste reduction action and requires such action to be undertaken if: (1) the action would bring about at least a five percent increase in recycled content of an item or would reduce by at least five percent the total volume or toxic constituents of solid waste described in the petition; (2) the action would be consistent with existing law or policies can be modified to accommodate the action and remain in accordance with statutory requirements; and (3) the action would bring about a net saving in cost to the Federal Government or would be neutral in effect or cost. Requires Federal agencies to designate waste reduction officers to oversee compliance with Federal waste reduction requirements. Title IV: Waste and Secondary Materials Management - Revises minimum requirements for State solid waste management plans. Requires States, as part of such plans, to submit to the Administrator capacity management reports that identify or estimate: (1) the amount of municipal waste generated annually within the State; (2) the amount of such waste that is exported annually to other States for recycling, incineration, or disposal; and (3) the amount of such waste that is transported annually into the State from other States for incineration or disposal. Directs States with exports of solid waste in excess of amounts imported to provide for specified reductions of waste exports in their plans. Revises plan approval procedures. Requires the Administrator to review plans at least once every five years. Directs owners or operators of facilities that store, treat, or dispose of solid waste or facilities that recycle solid waste or secondary material to notify States. Prohibits transportation of solid waste for storage, treatment, incineration, or disposal to any facility that has not notified a State. Treats units as having satisfied the notification requirement if: (1) in States with an existing solid waste management permitting system, existing units obtain permits 12 months after this Act's enactment and new units obtain permits prior to commencing construction; and (2) in States without an existing permit system, the units submit to the Administrator a notification and exposure assessment. Prohibits, 48 months after this Act's enactment or on the date of issuance of a permit, whichever is sooner, the storage, treatment, or disposal of solid waste and the recycling of such waste or secondary material, except in accordance with a permit. Authorizes States to exempt recycling facilities from permit requirements if a permit is not necessary to protect human health and the environment. Requires State Governors to submit to the Administrator certifications that State laws provide the regulatory authority and personnel to implement permit requirements. Authorizes States, after the submission of such certifications, to issue permits to facilities in compliance with requirements. Prohibits permits from being issued by any agency or person responsible for the design and construction or operation of a unit. Requires the Administrator to issue or deny permits to solid waste management facilities if a State: (1) has failed to submit the certification or a management plan; or (2) lacks or has failed to exercise regulatory powers to implement permitting requirements. Provides that permits shall contain provisions specifying: (1) the types of wastes handled by a facility, their potential to affect human health and the environment, and measures to mitigate such potential; (2) design of the facility in relation to its location; (3) air and groundwater monitoring to identify adverse effects from a discharge from a facility; (4) financial assurance for closure and postclosure care; (5) measures necessary to prevent the unlawful disposal of hazardous waste and to control precipitation run-on and run-off; (6) restrictions on the receipt of liquids or measures to mitigate the adverse effects of liquids; and (7) the authority to require any corrective action to prevent adverse effects on health and the environment. Limits permits to five-year periods. Authorizes the issuance of a single permit for facilities with multiple units. Requires the owners or operators of facilities subject to permit requirements (except recycling facilities) to pay a fee to cover costs of administering the permit program. Sets forth requirements with respect to fees collected by permitting authorities. Authorizes the Administrator, if the fee provisions of a permit program do not meet specified requirements, to collect fees from facilities. Requires sources that fail to pay fees to pay a penalty of 50 percent of the fee amount plus interest. Directs the Administrator to promulgate guidelines establishing minimum requirements (pursuant to a specified schedule) for facilities that manage solid waste in the following categories: (1) municipal solid waste; (2) municipal waste combustion ash; (3) medical wastes; and (4) industrial solid wastes. Requires the Administrator to identify other solid waste categories for which guidelines are appropriate and specify a schedule for the promulgation of such guidelines. Sets forth minimum requirements for municipal solid waste landfills with respect to groundwater and gas monitoring, hazardous waste disposal, illegal dumping of wastes, run-on and run-off controls, closure and postclosure, financial responsibility, corrective action, liners, leachate collection and removal, and location. Provides that guidelines shall establish requirements for the management of municipal incinerator ash. Requires that landfills into which such ashes are disposed provide for groundwater monitoring and: (1) have a double liner and a leachate collection system above and between such liner; or (2) place such ashes in a monofill having a single composite liner and designed to assure that there will be no future migration of any constituent into ground or surface water. Provides that landfill design requirements shall not apply to owners or operators of solid waste management units utilizing alternative designs if demonstrated that such designs prevent such migration. Provides that the regulations may allow disposal of ash from units in sanitary landfills if such ash and any treated fly ash so disposed are tested and meet current criteria. Directs the Administrator, in developing regulations for the management of municipal incinerator ash, to issue criteria and testing procedures for identifying the characteristics of such ash which may pose a hazard to human health or the environment. Requires the owner or operator of a municipal incinerator or any facility involved in ash management to test the ash in accordance with such criteria and testing procedures. Requires that any ash which is identified as posing a hazard to human health or the environment be disposed of in a landfill which has two or more liners and a leachate collection system above and between such liners. Directs the Administrator to validate such criteria and testing procedures by conducting an analysis of leachate at facilities disposing or reusing ash from municipal incinerators. Authorizes the Administrator to issue a corrective action order or commence an enforcement action against a facility when there has been a release of a hazardous constituent. Authorizes the Administrator or States, under certain conditions, to grant variances from ash disposal requirements pursuant to this Act to owners or operators of municipal incinerators. Limits such variances to specified time periods. Repeals a provision of the Solid Waste Disposal Act which exempts facilities burning household and specified nonhazardous waste from regulation requirements under such Act. Sets forth requirements for guidelines governing the management of medical wastes. Requires the Administrator to establish: (1) an education and outreach program to provide information and assistance for non-hospital sources of medical wastes; and (2) a process for approval and certification of treatment technologies capable of rendering medical waste harmless. Makes it unlawful to treat, store, or dispose of industrial waste in any new surface impoundment unit at an existing facility, any replacement of such unit, or any lateral expansion of such unit, unless the unit is equipped with: (1) two or more liners and a leachate collection system between such liners; and (2) groundwater monitoring. Exempts from such prohibition: (1) alternative design and operating practices for surface impoundments that prevent the migration of hazardous constituents into water at least as effectively as liners and leachate collection systems; and (2) industrial wastewater if such wastewater is noncontact, freshwater cooling water used in the industrial process. Prohibits the placement of bulk liquids and liquids in containers into any landfill containing industrial waste. Applies standards and requirements for hazardous waste treatment, storage, and disposal facilities to hazardous waste recycling facilities. Deems hazardous secondary material to be hazardous waste for purposes of relevant requirements unless the Administrator promulgates requirements for the recycling, recovery, and reuse of hazardous waste and secondary material. Sets forth minimum requirements. Applies specified requirements for recycling materials set forth in the Code of Federal Regulations (CFR) to hazardous waste and secondary material recycling facilities. Requires regulations under the Solid Waste Disposal Act applicable to hazardous waste treatment, storage, and disposal facilities (in lieu of the CFR requirements) to facilities generating or receiving hazardous secondary material or waste where: (1) such material or waste is burned for energy recovery or where the main purpose is the destruction of the material; (2) such material or waste is inherently waste-like; (3) the products of facilities receiving such material or waste will be used in a manner constituting disposal; or (4) the material or waste is speculatively accumulated. Directs owners or operators of facilities recycling, recovering, or reusing hazardous material in a closed loop manufacturing process or directly reusing hazardous waste or secondary material to certify to the Administrator that such facilities meet the requirements of a closed loop system or direct use process and are exempt from requirements for hazardous waste facilities. Directs the Administrator to provide for permits for facilities which store and recycle hazardous waste or secondary material. Provides for: (1) public notice and comment prior to construction and commencement of operations at such facilities; (2) a demonstration by facility owners or operators that the facility is in compliance with applicable requirements; (3) annual on-site inspection of such facilities by the permitting authority; and (4) such other information to verify compliance with the permit. Authorizes the Administrator to revoke permits if compliance with standards cannot be verified. Makes such requirements inapplicable to land disposal units or incinerators. Permits a class of facilities or recycling units to be eligible for such permits by rule only if no single facility or recycling unit has the potential for significant damage to human health and the environment and will have minimal cumulative adverse effects. Requires the Administrator to promulgate standards for: (1) recycling facilities for solid wastes and secondary materials (other than hazardous wastes and secondary materials); and (2) the reuse or use of products from recycling or resource recovery activities other than raw materials for manufacturing processes and for the use and composition of compost made from solid waste. Sets forth minimum requirements for such standards. Directs the Administrator to promulgate regulations for collecting, transporting, recycling, and managing lead-acid batteries and tires. Prohibits: (1) the disposal or incineration of lead-acid batteries; and (2) the disposal of tires in land disposal facilities. Directs the Administrator to promulgate regulations for the collection, storage, transportation, or recycling of used oil. Provides that used oil that is not managed in accordance with such regulations shall be managed as a hazardous waste. Requires the Administrator, in developing such regulations, to conduct an analysis of the economic impact of such regulations on the used oil recycling industry. Provides that regulations for used oil collectors shall: (1) prohibit the storage of used oil in an underground storage tank unless such tank meets requirements under the Solid Waste Disposal Act; (2) prohibit the storage of used oil for more than 12 months; (3) require collectors to transfer such oil to specified permitted used oil recycling or disposal facilities or transporters; and (4) require collectors to keep specified records on such oil. Requires used oil transporter regulations to provide that such transporters: (1) acquire identification numbers from EPA; (2) meet applicable financial responsibility requirements; and (3) keep specified records. Includes intermediate storage requirements in transporter regulations. Provides that used oil recycler regulations shall require recyclers to: (1) keep specified records; and (2) test fuel produced from the recycling process before departure from the facility. Prohibits mixing used oil with hazardous waste identified or listed under the Solid Waste Disposal Act except when: (1) the resulting mixture does not exhibit hazardous waste characteristics;and (2) the mixture is burned to recover useful energy in a device that ensures protection of health and the environment. Prohibits the recycling of used oil except in accordance with a permit. Sets forth requirements to be effective if the Administrator fails to promulgate used oil regulations by the applicable deadline. Requires the Administrator to implement education programs to inform the public and small businesses about the environmental and safety hazards associated with improper handling and disposal of used oil and the benefits derived from used oil recycling. Authorizes appropriations. Deems used oil recyclers to have interim permits if they submit specified information to the Administrator or an authorized State. Authorizes a State to prohibit the transportation of municipal solid waste into such State for disposal or incineration from a State with an intrastate restriction on the movement of such waste if the importing State has closed or upgraded all open dumps. Permits a State to enact and enforce laws to collect fees for the incineration and disposal of municipal solid wastes generated in another State if such fees: (1) are applicable throughout the State and do not discriminate against a disposal or incineration site or point of waste generation; and (2) do not apply to any municipal solid waste and recyclable materials that have been separated from municipal solid waste that is transported to a recycling facility. Sets forth a fee scale. Provides for annual increases in such fees, based upon the Consumer Price Index. Authorizes a State to impose fees on municipal solid waste generated in another State only upon certification that the importing State is in compliance with an approved solid waste management plan. Permits a State to restrict or prohibit the transportation of solid waste generated in another State if: (1) the importing State has, and is in compliance with, an approved solid waste management plan; and (2) the exporting State is not in compliance with, or does not have, an approved plan. Authorizes persons adversely affected by State laws or regulations governing the transportation of municipal solid waste to petition the Administrator for relief. Permits the Administrator to suspend State authority for a specified time period. Requires the Administrator to promulgate regulations prescribing recycling practices which shall be exempt from State authorities governing the transportation of municipal solid waste. Prohibits the disposal (pursuant to a specified schedule) of municipal solid waste originating in another State without the prior consent of the Governor of the receiving State, if the receiving State is in compliance with solid waste management requirements. Prohibits the disposal in any State of solid waste generated in another State without the prior consent of the Governor of the receiving State, if the receiving State is in compliance with solid waste management requirements. Prohibits the disposal in any State of solid waste generated in another State if such disposal constitutes the open dumping of solid waste. Prescribes civil and criminal penalties for specified violations of the Solid Waste Disposal Act. Extends the authorization of appropriations for solid waste planning, solid and hazardous waste management and resource recovery programs, and solid waste management assistance for rural communities. Title V: Underground Storage Tanks - Authorizes the Administrator to guarantee principal and interest on loans made to qualified small businesses for the closure and replacement of underground storage tanks. Sets forth amounts and conditions of such guarantees. Permits the Administrator to make principal and interest payments on behalf of the borrower if: (1) the borrower is unable to make such payment and it is in the public interest to continue the project; and (2) the probable net cost to the Government in making such payments would be less than that resulting from the borrower's default. Authorizes the Administrator, in the event of a default by a borrower, to make payments in accordance with the guarantee. Requires the Attorney General to recover payments from the defaulting borrower. Terminates the authority to make loan guarantees or payment contracts seven years after this Act's enactment. Permits the Administrator or a State to undertake corrective action with respect to threatened releases of petroleum from underground storage tanks.

Bill· SS. 941 (102nd)referred

Comprehensive Adolescent Health Care Promotion and Education Act

United States · United States Congress · 25 April 1991

Comprehensive Adolescent Health Care Promotion and Education Act - Directs the Secretary of Agriculture to establish as part of the Cooperative Extension Service a National Health Promotion and Education Center for Youth Development. Directs the Center to establish: (1) rural adolescent health promotion and education programs through the collaborative efforts by Federal, State, and local entities; and (2) a related health care internship program. Authorizes appropriations.

Bill· SS. 956 (102nd)referred

International Cooperation Act of 1991

United States · United States Congress · 25 April 1991

International Cooperation Act of 1991 - Title I: Statement of Policy; Economic Assistance Programs - Amends the Foreign Assistance Act of 1961 to revise policy provisions. Declares that it should be U.S. policy that the financial, material, and human resources authorized by this Act should serve the following goals: (1) to promote and consolidate democratic values, market principles, and peace; (2) to protect against transnational threats; and (3) to meet humanitarian needs. Expresses the sense of the Congress that the United States should: (1) concentrate development assistance in countries which will make the most effective use of such assistance; (2) focus development assistance on activities which the United States can provide most effectively and which meet the particular economic assistance requirements of a country; and (3) not provide assistance if the relevant sector or economic policies of a country are unfavorable to the sustainability or impact of the assisted project. Authorizes the President to provide development assistance to support economic growth and democratic development and to address humanitarian needs and global problems. Authorizes appropriations for development assistance for FY 1992. Permits the President to use development assistance funds for: (1) capital and infrastructure assistance; (2) development education programs to educate U.S. citizens about developing countries; and (3) assistance to nongovernmental organizations to strengthen their capacity to carry out programs for the economic and social development of developing countries. Expresses the sense of the Congress that: (1) the well-being of countries is affected by how the world's environment and physical resource base are managed and that consumption patterns, systems of industrial and agricultural production, and the use of natural resources have an impact on long-term development and growth and survival of all countries; (2) environmentally responsible management of physical resources is necessary by countries to insure their availability for future generations and to assure that the burdens of improved resource management do not fall disproportionately on the poor; and (3) economic assistance programs should assist countries in carrying out programs and policies that promote environmentally sound economic development. Declares that recipient countries should bear a share of the costs of development assistance programs under this Act. Prohibits economic assistance from being used for military or paramilitary purposes or for the purchase of Stingers and mules to transport them. Exempts from such prohibition assistance involving the participation of military personnel in training activities and conferences. Authorizes the President to: (1) make investments in, loans for, and guarantees assuring against losses incurred in, projects in developing countries that meet specified private sector criteria; and (2) make loans (currently, issue guarantees against losses incurred in connection with loans) for housing and urban projects. Revises provisions concerning the housing and urban development guarantee program. Prohibits assistance for such projects if the credit subsidy associated with the borrower would exceed 25 percent. Authorizes appropriations. Authorizes the President to furnish assistance to countries and organizations to strengthen administration of justice in developing countries and emerging democracies. Permits the President to provide such assistance if a country: (1) has recently emerged or is in the process of emerging as a democracy; or (2) has recently emerged or is emerging from civil strife and has a democratically elected government or is making substantial progress toward a democratic form of government. Authorizes appropriations. Revises provisions concerning international narcotics control. Permits funds for economic support assistance, foreign military financing, or international military education and training to be transferred and consolidated with funds for international narcotics control if: (1) such assistance is withheld from the country for which it was allocated because of laws that require the withholding of assistance from countries that have not cooperated with the United States or taken steps to halt illicit drug production and trafficking; and (2) such funds are used for assistance to countries that have taken significant steps to halt illicit drug production or trafficking. Makes provisions of law that prohibit assistance to countries in default on obligations owed to the United States inapplicable with respect to narcotics-related assistance. Revises congressional reporting requirements with respect to international narcotics production and trafficking. Authorizes appropriations for FY 1992 for such assistance. Authorizes appropriations for FY 1992 for American schools, libraries, and hospital centers abroad. Permits the President to use funds available under this title for grants to, or contracts with, nongovernmental organizations to enable such organizations to: (1) purchase debt obligations owed by developing countries to commercial lending institutions, foreign governments, or other parties; and (2) cancel such obligations subject to the President's approval, to the extent that such country makes available assets or policy commitments to promote the goals of this Act. Authorizes grantees or contractees to retain interest earned on the proceeds of debt-for-development or debt-for-environment purchases or exchanges pending the disbursement of such proceeds and interest for the purposes for which assistance was provided. Authorizes Federal agencies to: (1) furnish services and commodities on an advance-of-funds or reimbursement basis to friendly countries, international organizations, and nongovernmental organizations; and (2) contract with individuals for personal services abroad or in the United States to perform such services in lieu of Federal employees. Authorizes appropriations for FY 1992 for international disaster assistance. Authorizes appropriations for FY 1992 for grants to international organizations. Permits the President to withhold contributions from an organization if such organization is denying Israel or other designated countries the right to participate in such organization's activities. Withholds contributions from Libya, Iran, Cuba, and the Palestine Liberation Organization (PLO). Authorizes the withholding of contributions from the United Nations Relief and Works Agency for Palestine Refugees in the Near East unless the Agency assures that no U.S. contribution is used to assist any refugee who: (1) is receiving military training as a member of the PLO or any other guerrilla organization; or (2) has engaged in any act of terrorism. Declares that the President should (currently, requires) seek evaluation and auditing of programs of the United Nations, the International Bank for Reconstruction and Development, the International Development Association, the International Finance Corporation, the Multilateral Investment Guarantee Agency, the Inter-American Development Bank, the Inter-American Investment Corporation, the African Development Bank, the African Development Fund, the Asian Development Fund, and the Asian Development Bank. Authorizes appropriations for FY 1992 for operating expenses of the agency (administering agency) designated by the President to administer this title and of the Office of Inspector General of such agency. Permits such agency to expend funds in advance of appropriations to maintain operations at posts abroad for up to three days. Declares that the President should establish a program performance evaluation capacity to: (1) develop a program performance information system to afford such agency's managers a means for monitoring achievement of impact and interim performance of the agency's major programs; (2) prepare and disseminate reports on the agency's progress in meeting development objectives for major assistance categories and recipient countries; (3) strengthen the implementation of foreign assistance projects; and (4) coordinate with the Inspector General of such agency to ensure complementarity of efforts. Expresses the sense of the Congress that: (1) the sustained participation of U.S. private voluntary organizations, cooperatives, and credit unions that are engaged in development activities serves as an important means of improving the lives of the poor in developing countries; (2) sustained participation of U.S. colleges and universities in the economic development programs of developing countries is vital to such countries' achievement of economic growth and open democratic political systems; and (3) such sustained participation would be enhanced by providing such organizations the opportunity to participate in the planning, development, and implementation of programs involving such organizations. Encourages the President to establish a partnership with such organizations to achieve the attainment of goals concerning development assistance. Title II: Military Assistance and Related Assistance and Sales Programs - Chapter 1: Consolidation and Revision of Accounts - Revises policy provisions concerning military assistance. Revises the President's authority to furnish military assistance to friendly countries to permit the President to: (1) finance the sale of defense articles or services; or (2) finance the procurement of such articles (under certain circumstances) by any member country of the North Atlantic Treaty Organization (NATO) or any major non-NATO ally through leases from U.S. commercial suppliers. Requires sales under the Defense Trade and Export Control Act (formerly, the Arms Export Control Act) which are wholly paid from funds made available on a grant basis under this Act or were transferred or made available under former authorities prior to this Act's enactment to be priced to exclude the costs of salaries of members of the U.S. armed forces (other than members of the Coast Guard) and unfunded estimated costs of civilian retirement and other benefits. Permits the financing of the procurement of defense articles and services not sold by the U.S. Government only if the country or international organization proposing to make such procurement has signed an agreement with the United States specifying the conditions under which the procurement may be financed. Requires such agreements to grant the U.S. Government the right to deobligate any furnished funds that have not been committed for an approved use three years after the effective date of such an agreement. Authorizes assistance provided under this chapter to be on a grant, credit, or guarantee basis. Outlines criteria to be considered by the President in determining the terms of assistance. Outlines disbursement procedures for funds used to finance the procurement of defense articles and services. Makes such assistance available to a foreign country to make payments to the United States for credits or loans for defense articles or services granted under predecessor military sales or foreign assistance legislation. Revises provisions concerning eligibility for the receipt of defense articles or services and makes them applicable to the financing of such articles or services. Makes defense articles sold or leased under the Defense Trade and Export Control Act or furnished under predecessor foreign assistance or military sales legislation subject to the eligibility provisions of this title. Raises the ceiling on the value of defense articles and services authorized to be made available under certain emergencies. Revises and combines provisions concerning transfers of excess defense articles. Authorizes the transfer of: (1) excess defense articles (currently, nonlethal articles) to countries for which a foreign military financing program was justified in the fiscal year in which the transfer is authorized; and (2) excess property of the Coast Guard on the same basis as Department of Defense property is transferred. Declares that decisions to furnish foreign military financing assistance should take into account whether such assistance will: (1) contribute to an arms race; (2) increase the possibility of outbreak or escalation of conflict; or (3) prejudice the development of multilateral arms control arrangements. Permits such assistance to be provided for civic action in Africa. Authorizes appropriations for such assistance for FY 1992. Revises provisions concerning the location of stockpiles. Places a ceiling on the value of additions to stockpiles during FY 1992. Authorizes appropriations for FY 1992 for: (1) international military education and training; and (2) peacekeeping activities. Removes conditions on the type of arms on the U.S. Munitions List that may be provided for antiterrorism assistance. Authorizes appropriations for FY 1992 for antiterrorism assistance. Makes technical and conforming amendments to the Arms Export Control Act. Revises a provision regarding the Guaranty Reserve Fund and redesignates the Fund as the Foreign Military Loan Liquidating Account. Repeals a provision concerning the availability of funds for procurement of defense articles and services outside the United States. Permits the President to waive requirements under the Foreign Assistance Act of 1961 concerning the disposition of defense articles and services furnished before the effective date of this title. Chapter 2: Foreign Military Sales Program - Amends the Arms Export Control Act to rename such Act as the Defense Trade and Export Control Act. Repeals a provision concerning purposes for military sales or leases. Deems references to the Arms Export Control Act to be references to the Defense Trade and Export Control Act. Authorizes the President, by notifying the Congress, to designate a country as a major non-NATO ally or terminate such a designation. Deems Australia, Egypt, Israel, Japan, and the Republic of Korea to have been so designated by the President. Revises provisions concerning presidential certifications and congressional procedures for certain arms transfers. Raises the threshold on the dollar amount of defense equipment or services on which the President is required to submit specified certifications. Deems to be defense articles or services (for purposes of import and export controls) articles or services having military or intelligence applications. Requires articles and services that have gained a predominant civil application to be removed from the U.S. Munitions List. Disqualifies for financing under the Foreign Assistance Act of 1961 for 12 months any contracts of a person convicted or debarred for a violation of international traffic in arms regulations under the Defense Trade and Export Control Act. Authorizes the President to impose controls to prevent the proliferation of nuclear-capable missiles and chemical, biological, and related weapons. Permits charges for defense articles sold or licensed or approved for export after September 30, 1991, to exclude nonrecurring costs of research on or development or production of such articles. Replaces the authorities of specified Federal officials under the Defense Trade and Export Control Act with the authority of the President. Repeals an exemption to a prohibition on the resale of military firearms furnished to foreign governments. Repeals provisions concerning: (1) reports and price availability estimates; (2) discrimination; (3) restraint in arms sales to Subsaharan Africa; (4) foreign military sales credit standards; (5) foreign military sales to less developed countries; and (6) the crediting of registration fees. Title III: Overseas Private Investment Corporation; Trade and Development Agency - Amends the Foreign Assistance Act of 1961 to revise provisions concerning the Overseas Private Investment Corporation (OPIC). Limits the amount of OPIC's equity investments under a pilot program to 49 percent per project for projects in Eastern Europe. Directs OPIC to give preferential consideration in its investment insurance, reinsurance, and guarantee activities to investment projects sponsored by or involving U.S. small business or cooperatives. Permits OPIC to establish a revolving fund to be available solely for a pilot equity finance program. Authorizes (currently, requires) OPIC to charge fees for any service performed under this title. Provides for annual (currently, triennial) financial audits of OPIC. Authorizes the Inspector General of the administering agency (currently, the Agency for International Development) to conduct audits, investigations, and security activities with respect to OPIC. Eliminates OPIC's exemption from Federal taxation. Revises the authorities of the Director of the Trade and Development Agency (replaces the Trade and Development Program). Requires the Agency to disseminate information about its activities to the private sector. Sets forth the duties of the Inspector General of the administering agency with respect to the Agency. Authorizes appropriations for FY 1992. Title IV: Special Authorities, Restrictions on Assistance, and Reports - Revises provisions concerning special authorities of the President with respect to the furnishing of assistance and arms export sales, credits, and guaranties. Raises the ceilings on the amount of arms sales or leases, foreign assistance, and foreign currencies authorized to be furnished or used under the President's special authority to waive restrictions on assistance. Raises the ceilings on the amounts of such assistance that may be provided to any one country. Exempts from such limitation assistance for countries that are the victims of active (currently, Communist or Communist-supported) aggression. Authorizes the President to use funds (other than funds for foreign military financing or international military education and training) under this Act for unanticipated contingencies. Places an annual ceiling on such assistance. Prohibits such assistance from being used for gifts to foreign officials. Makes specified amounts of economic support and foreign military financing assistance available for emergency use to promote economic, political, or military stability. Authorizes the President to adopt as a U.S. contract or obligation any contract with a U.S. or third-country contractor that had been funded with assistance prior to the termination of such assistance. Applies assistance termination provisions to any provision of law concerning such terminations. Revises provisions concerning prohibitions on assistance. Adds to the list of restrictions prohibitions on assistance for: (1) a country whose government engages in a consistent pattern of human rights violations; (2) a country whose elected head of government is deposed by a military coup; and (3) a country that is a major drug producing or transit country if the country has not cooperated with the United States and has not taken adequate steps to control the illicit cultivation, production, trafficking, and abuse of narcotic and psychotropic drugs. Exempts from such prohibition assistance: (1) that is important to U.S. national interests, provided that such assistance will further U.S. nonproliferation objectives; (2) for the alleviation of suffering resulting from a natural or manmade disaster; (3) that benefits needy people; and (4) that will be furnished through nongovernmental organizations to promote respect for human rights and democracy. Prohibits the provision of such assistance until the President reports to the Speaker of the House of Representatives and the chairman of the Senate Foreign Relations Committee. Requires the President to maintain a list of Communist countries for purposes of restricting assistance. Authorizes the President to remove or exempt a country from the list or prohibitions on assistance, provided that such removal or exemption is reported to the Speaker of the House and the chairman of the Senate Foreign Relations Committee. Directs the President to report to such individuals on the rescission of a determination that a country provides support for international terrorism. Prohibits assistance to any country which is more than one year in arrears to the U.S. Government on loan payments under the Foreign Assistance Act of 1961 or former authorities of the Arms Export Control Act. Prohibits economic assistance from being made available to: (1) any organization or program which supports or manages a program of coercive abortion or involuntary sterilization; or (2) any foreign nongovernmental organization which performs or promotes abortion as a method of family planning. Requires funds for voluntary family planning services to be available only for projects which offer a broad range of family planning methods and services. Declares that the President should consider, in determining whether to provide economic assistance, whether assistance would be furnished to support any project designed to increase exports of agricultural, textile, or apparel commodities from developing countries that: (1) would be in direct competition with U.S. exports; and (2) can be expected to cause injury to U.S. exporters of the same or a similar commodity. Prohibits economic assistance from being used to influence the outcome of any election. Prohibits U.S. armed forces detailed to provide defense services, military education and training, or management of overseas military assistance programs from performing combat duties outside the United States in connection with such services. Outlines required elements of annual congressional presentation documents on foreign assistance. Revises provisions regarding U.S. assistance policies and human rights. Directs the President to report annually to the Congress on human rights practices in countries that are members of the United Nations. Revises provisions concerning congressional notification for program changes. Title V: General Provisions - Revises provisions regarding presidential authorities under this Act. Authorizes the President to designate an agency to administer economic assistance under this Act. Revises provisions regarding general authorities. Permits contracts which entail commitments for the expenditure of funds under the Foreign Assistance Act of 1961 to be extended for up to ten (currently, five) years. Revises provisions regarding administrative uses of funds. Permits funds to be used for programs under the Agricultural Act of 1949 and the Food for Progress Act of 1985. Removes funding limitations on assistance for the construction of living quarters, offices, schools, and hospitals abroad and for assistance to schools educating dependents of personnel abroad. Permits economic assistance funds to be used to reimburse Federal or State agencies or institutions of higher education that detail employees for economic assistance programs that require specialized technical skills. Provides that if an amount appropriated for any fiscal year to carry out a provision of this Act is less than the authorization amount and the provision calls for earmarked funds, such funds shall be deemed to be reduced to an amount bearing the same ratio to such funds as the amount appropriated bears to the authorization amount. Sets forth provisions concerning the generation and use of local currencies. Revises provisions concerning the use of local currencies owned by the United States. Authorizes nongovernmental organizations to invest local currencies accrued as a result of economic assistance provided by this Act and other specified Acts and to use interest earned on investments for assistance purposes. Revises provisions concerning the use of private enterprise for the procurement of commodities and defense articles. Authorizes the use of Federal facilities for technical assistance purposes when such facilities are not competitive with private enterprise. Revises provisions concerning procurement standards and procedures. Allows (currently, requires) the use of excess personal property or property already owned by a Federal agency (if a substantial savings would occur) in lieu of, or supplementary to, the procurement of new items for U.S.-assisted programs. Revises provisions concerning the use of excess property. Removes a ceiling on the amount of domestic excess property that may be held. Prohibits excess property from being used for economic assistance purposes unless approval is given and the President makes specified determinations regarding such property. Authorizes the use of economic assistance funds to pay transportation charges on shipments by the American National Red Cross and by registered U.S. private voluntary organizations. Revises provisions concerning personnel. Permits personnel detailed to foreign governments or international organizations to be assigned on a leave without pay status. Authorizes the detailing of Department of Defense personnel to any civil office to carry out this Act. Revises provisions concerning discrimination against U.S. personnel. Title VI: Technical and Conforming Provisions - Prohibits U.S. courts from declining on the ground of the Federal Act of State Doctrine to make a determination on the merits of international law in any case in which claim of title or right to property is asserted by any party, based upon a confiscation after January 1, 1959, by a state in violation of international law. Exempts from such prohibition cases in which: (1) an act of a foreign state is not contrary to international law or cases with respect to a right to property acquired pursuant to an irrevocable letter of credit issued in good faith prior to the time of taking; or (2) the President determines that application of such doctrine is required by U.S. foreign policy interests. Amends Federal provisions governing coins and currency to grant the Secretary of the Treasury: (1) responsibility with respect to foreign credits owed to or by the United States; and (2) sole authority to establish for all foreign currencies or credits the exchange rates at which such currencies are to be reported by Federal agencies. Authorizes the Foreign Claims Settlement Commission, at the request of the President, to report on the value of any property of any U.S. person expropriated by a foreign government. Prohibits Federal employees from effecting arrests in foreign countries as part of foreign police actions with respect to narcotics control. Lists exceptions to such prohibition. Prohibits Federal employees from interrogating or being present during the interrogation of any U.S. person arrested in a foreign country with respect to narcotics control efforts without such person's written consent. Exempts from such prohibition members of the U.S. armed forces carrying out responsibilities under Status of Forces arrangements. Makes technical and conforming amendments to specified Acts. Repeals specified Acts. Title VII: Special Assistance Initiatives - Chapter 1: Development Fund for Africa - Authorizes project and program assistance for development in Subsaharan Africa. Requires the purpose of such assistance to be to help the poor majority of men and women in Subsaharan Africa to participate in a process of long-term development through economic growth that is equitable, participatory, environmentally sustainable, and self-reliant. Provides that such assistance should also promote sustained economic growth, encourage private sector development, promote individual initiatives, and help to reduce the role of central governments in areas more appropriate for the private sector. Declares that: (1) the local-level perspective of the rural and urban poor in Subsaharan Africa should be taken into account during the planning process for project assistance under this Act; and (2) consultations should be undertaken with private and voluntary organizations which have demonstrated effectiveness in or commitment to the promotion of local grassroots activities on behalf of development in Subsaharan Africa; (3) local people should be consulted and involved in projects that have a local focus; and (4) the President should ensure that development activities expand the participation and integration of African women in certain critical sectors. Requires assistance provided by this Act to emphasize projects to address critical sectoral priorities for development. Authorizes assistance to promote national economic policy reforms. Requires such reforms to include provisions to protect vulnerable groups, especially poor farmers and the urban poor, from possible negative consequences of such reforms. Designates as the critical sectoral priorities for long-term development: (1) increased agricultural production and the maintenance and restoration of renewable natural resources; (2) improved health conditions; (3) voluntary family planning services; (4) improved relevance and efficiency of education; and (5) development of income generating opportunities for the unemployed and underemployed. Imposes minimum levels of assistance for certain critical sectors. Declares that assistance provided under this Act should be concentrated in countries that will make the most effective use of such assistance. Allows assistance to be made available to: (1) assist Subsaharan African countries to increase their capacity to participate in donor coordination mechanisms at the country, regional, and sector levels; and (2) assist sector projects supported by the Southern African Development Coordination Conference. Authorizes assistance to South Africa for: (1) grants to nongovernmental organizations promoting efforts to foster a just society and help the victims of apartheid; (2) assistance to political detainees and prisoners and their families and to support actions of black community organizations to resist, through nonviolent means, the enforcement of apartheid policies; and (3) activities to assist in an end to apartheid and in the establishment of a society based on nonracial principles. Permits such grants to be only for organizations whose character and membership reflect the objective of a majority of South Africans for an end to apartheid and for interracial cooperation and justice. Authorizes appropriations. Expresses the sense of the Congress that there should be periodic evaluations of the progress of the administering agency in achieving assistance goals in Subsaharan Africa. Chapter 2: Assistance for Eastern Europe - Sets forth U.S. policy and objectives with respect to assistance for Eastern Europe. Declares that the United States should provide assistance for eligible East European countries that are taking steps toward: (1) political pluralism; (2) economic reform; (3) respect for human rights; and (4) a willingness to build a friendly relationship with the United States. Defines an eligible East European country as Poland, Hungary, Czechoslovakia, Bulgaria, Romania, Yugoslavia, and any other East European country taking such steps. Requires the basic objectives of such assistance to be the promotion of democracy and the encouragement of free market systems. Lists authorized types of assistance. Permits the President to furnish assistance to eligible East European countries. Provides that any authority in the Support for East European Democracy (SEED) Act of 1989 to furnish assistance for Poland or Hungary may be deemed to authorize assistance for any eligible East European country. Permits the President to use any funds made available for assistance for Eastern Europe under the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991 to provide balance of payments support with respect to eligible East European countries. Expresses the sense of the Congress that the President should use the authorities provided under the SEED Act and this Act to provide stabilization assistance to assist Hungary, Czechoslovakia, and other East European countries the President deems appropriate. Authorizes appropriations. Permits the President to: (1) designate Enterprise Funds for any country in Eastern Europe in the same manner and with the same authorities and limitations applicable to the Enterprise Funds for Poland and Hungary established pursuant to the SEED Act; and (2) provide funding and support to the Funds. Authorizes U.S. agencies that are authorized to provide assistance or conduct programs for Poland or Hungary pursuant to the SEED Act to provide such assistance or conduct such programs for eligible East European countries. Permits the President to authorize agencies to implement programs for management and technical assistance for governments and private enterprises in Eastern European countries. Makes appropriations to carry out this chapter available for contracting with individuals for personal services. Chapter 3: Multilateral Assistance Initiative for the Philippines - Expresses the sense of the Congress that: (1) the United States should participate with multilateral financial institutions and other bilateral donors in an economic reform and development program in the Philippines; and (2) a commitment of resources by the United States, donors, and such institutions and a reform effort and leadership role by the Government of the Philippines will be necessary to ensure economic growth in the Philippines and enhanced participation of the Filipino people in the democratic process. Authorizes the President to provide assistance to promote the goals of this Act. Links such assistance to progress by the Government of the Philippines in implementing its economic, structural, judicial, and administrative reform program. Authorizes appropriations. Limits the amount of appropriations for FY 1992. Expresses the sense of the Congress that prior to requesting additional amounts to carry out this Act, the President should take into account: (1) the progress being made by the Philippines toward achieving reform objectives; (2) the extent of participation by the bilateral donors and multilateral financial institutions; and (3) the efforts to coordinate the assistance program. Expresses the sense of the Congress that: (1) the coordination of objectives and programs by donors, institutions, and the Government of the Philippines is critical to the success of the multilateral assistance program; (2) all donors should simplify procurement and disbursement procedures to ensure that conditions on the provision or use of assistance are complementary; and (3) the Philippines should establish internal procedures that will ensure the most effective use of such assistance. Title VIII: Presidential Contingency Fund - Authorizes appropriations to the President for FY 1992 for unanticipated contingencies in programs within the International Affairs Budget Function. Title IX: Authorizations for Fiscal Year 1993 - Authorizes appropriations for FY 1993 to carry out programs for which appropriations for FY 1992 are authorized by this Act.

Bill· HRH.R. 2110 (102nd)referred

To amend the Food, Agriculture, Conservation, and Trade Act of 1990 to prohibit the imposition or collection of fees to cover the cost of providing agricultural quarantine and inspection services at a port in the State of Hawaii or the Commonwealth of Puerto Rico.

United States · United States Congress · 25 April 1991

Amends the Food, Agriculture, Conservation, and Trade Act of 1990 to prohibit the Secretary of Agriculture from collecting fees for agricultural quarantine and inspection services in Hawaii or Puerto Rico.

Bill· SS. 927 (102nd)open