Energy

Requiring a report under the Nuclear Non-Proliferation Act of 1978 on United States efforts to strengthen safeguards of the International Atomic Energy Agency.

United States · United States Congress · 16 October 1991

Expresses the sense of the Congress that: (1) U.S. policy toward the International Atomic Energy Agency (IAEA) should be guided by a conviction that the interests of international security must take precedence over any conflicting interests in promoting nuclear commerce; and (2) the United States should encourage the IAEA to introduce reforms to strengthen its ability to pursue its safeguards objectives. Expresses the sense of the Congress that the President should undertake bilateral and multilateral initiatives to maintain and enhance international confidence in the effectiveness of IAEA safeguards and in other multilateral undertakings to halt the proliferation of nuclear weapons, including initiatives for: (1) building international support for the principle that nuclear supply relationships must require purchasing nations to agree to full-scope international safeguards; (2) encouraging each nuclear weapon state to undertake a comprehensive review of its own procedures for declassifying information relating to the design or production of nuclear explosive devices and to investigate any measures that would reduce the risk of such information contributing to nuclear weapons proliferation; (3) arranging for timely payment of annual financial contributions by all IAEA members; and (4) seeking agreement among the parties to the Treaty on the Non-Proliferation of Nuclear Weapons to apply IAEA safeguards in perpetuity and to establish new limits on the right to withdraw from that Treaty. Expresses the sense of the Congress that the President should direct the U.S. representatives to the IAEA to work toward the early adoption of reforms in the implementation of the safeguards responsibilities of the IAEA, including: (1) making public the IAEA's annual safeguards implementation report, establishing a public registry of commodities in international nuclear commerce, and creating a public repository of current nuclear trade control laws, agreements, regulations, and enforcement and judicial actions by IAEA member nations; (2) enabling the IAEA to issue fines for violations of safeguards procedures, pay rewards for information on possible safeguards violations, and establish a hotline for reporting such violations and other illicit uses of weapons-grade nuclear material; (3) implement special inspections of undeclared nuclear facilities and seeking authority for the IAEA to conduct challenge inspections on demand at suspected nuclear sites; and (4) developing with other IAEA member states an agreement on procedures to expedite approvals of visa applications by IAEA inspectors. Directs the President, within six months, to submit to specified congressional committees a report describing the bilateral and multilateral initiatives which the President has taken during the period since the enactment of this Act.

Emergency Job Creation Appropriations Act, 1992

United States · United States Congress · 10 October 1991

Emergency Job Creation Appropriations Act, 1992 - Title I: Meeting Our Economic Problems Coming from Changing Conditions with Essential Productive Jobs - Directs the appropriate congressional committees to study the current economic crisis, with emphasis on long-term recovery and and a strong private sector based on Government/industry partnership, and present their findings to the Congress as expeditiously as possible for appropriate action. Declares that the Board of Governors of the Federal Reserve and the Federal Open Market Committee should take necessary actions to achieve and maintain a level of interest rates low enough to achieve significant economic growth and reduce the current level of unemployment. Makes appropriations for FY 1992, in order to create productive jobs and protect public investment, for various activities relating to: (1) Federal buildings; (2) interstate highways; (3) air transportation; (4) mass transportation; (5) rehabilitation of highway bridges crossing over Northeast corridor rail transportation properties; (6) railroad infrastructure and rights-of-way improvement; (7) veterans' medical facilities and services; (8) public housing modernization; (9) community development; (10) international trade competition; (11) local economic development; (12) small business loans and investments; (13) small business oriented employment or national resources development programs; (14) parks and recreational areas and facilities; (15) the National Forest System; (16) Indian health facilities; (17) Fish and Wildlife Service facilities; (18) rural development and resource conservation, including rural water and waste disposal; (19) soil conservation, including watershed and flood prevention operations; (20) Federal, State, and local prison modernization; (21) water resource and hydroelectric power, flood control, shore protection, harbor channel and navigable waterway maintenance; (22) reclamation and irrigation projects; (23) Federal agricultural research facilities; (24) tree-planting and other natural resources development programs; (25) historic properties restoration; and (26) Bureau of Land Management facilities. Makes appropriations for FY 1992 to the Department of Labor to provide productive jobs for unemployed individuals under specified conditions, in various types of public service employment. Provides for allocation of such funds to eligible local governments, rural area concentrated employment program grantees, or States. Makes appropriations in additional amounts for FY 1992 for: (1) employment and training services; (2) grants to States for unemployment insurance and employment services; (3) higher education academic and research facilities; and (4) the Federal Emergency Management Agency's emergency food and shelter program. Makes appropriations for FY 1991 for: (1) construction and modernization of military family housing; (2) low-income energy conservation weatherization activities (in an additional amount) and (3) Federal motor vehicle procurement. Title II: Technical Provisions - Provides that no part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein.

National Research Facilities Act of 1991

United States · United States Congress · 8 October 1991

National Research Facilities Act of 1991 - Establishes the National Commission on Research Needs to: (1) study the areas of nondefense related research which require greater amounts of funding and Federal assistance; (2) determine which of the Laboratories (the Lawrence Livermore, Los Alamos, or Sandia National Laboratory) has the ability to conduct such research; (3) identify research programs being conducted at any such Laboratory that the Commission determines are best suited for nondefense research and that should be transferred to other laboratories operated by the Department of Energy; and (4) report to the President and the Congress one year after the enactment of this Act on its findings and recommendations. Terminates the Commission 90 days after submission of such report.

Bomb-Grade Uranium Export Restriction Act of 1991

United States · United States Congress · 8 October 1991

Bomb-Grade Uranium Export Restriction Act of 1991 - Expresses U.S. nuclear non-proliferation policy with respect to the export of highly enriched uranium. Amends the Atomic Energy Act of 1954 to authorize the Nuclear Regulatory Commission to issue licenses for the export of highly enriched uranium used as fuel or target in nuclear research or test reactors only if the Commission determines that: (1) there is no alternative nuclear reactor fuel or target that can be used; (2) the proposed recipient of such uranium has provided assurances that it will use an alternative nuclear reactor fuel or target whenever it can in lieu of highly enriched uranium; and (3) the United States is developing such an alternative for the proposed export.

To encourage the negotiation of a multilateral regime, under the aegis of the United Nations Security Council, to control, and halt if possible, the proliferation of weapons of mass destruction and delivery systems associated with such weapons.

United States · United States Congress · 7 October 1991

Declares that the establishment of a multilateral regime to control (and, if possible, halt) transfers of weapons of mass destruction and associated delivery systems, equipment, and technology under the aegis of the United Nations Security Council should be among the top priorities of U.S. foreign policy. Directs the United States to: (1) lead in efforts to establish such a regime; (2) seek to establish an international right of inspection no less stringent than that set forth in the Agreement Between the United States of America and the International Atomic Energy Agency for the Application of Safeguards in the United States; and (3) seek to ensure that such a regime provides for multilateral sanctions against foreign countries and persons that violate the regime that are no less stringent than those set forth in Executive Order 12735 (regarding chemical and biological weapons proliferation). Specifies that such a regime should include adequate provisions for verification and enforcement. Sets forth reporting requirements.

Omnibus Export Amendments Act of 1991

United States · United States Congress · 3 October 1991

Omnibus Export Amendments Act of 1991 - Title I: Export Administration Act Amendments - Export Administration Act Amendments of 1991 - Amends the Export Administration Act of 1979 (the Act) with respect to the export of U.S. goods and technology to foreign countries. Requires the Secretary of Commerce (Secretary) to grant an export distribution license primarily on the basis of the reliability of an applicant and foreign consignees to prevent the diversion of items to an unauthorized use or consignee. (Currently, refers to "controlled countries" only). Requires the Secretary to modify each item on the control list to specify performance and other identifying characteristics of technical data subject to national security and foreign policy controls, or to export controls under the Nuclear Non-Proliferation Act of 1978. Declares that no later than December 31, 1991, no permission may be required for the export of goods or technology to, or reexport of such items from, a country which maintains export controls on such items cooperatively with the United States pursuant to the agreement with the Coordinating Committee (CoCom). Authorizes the Secretary to require permission for export or reexport of such items (including supercomputers, nuclear sensitive technology, and devices for surreptitious interception of wire or oral communications) to unreliable end users. Authorizes the Secretary to require permission to export or reexport such items pursuant to special multilateral control arrangements agreed to by CoCom, if all countries in which such items are produced agree to equivalent licensing requirements. Requires the Secretary, if he or she determines a country is noncompliant with the CoCom or other applicable control agreement, to require permission to export or reexport such items to such country, and to reexport them from that country. Declares that no permission may be required to reexport U.S. technology from a country when the technology to be reexported is incorporated in other technology, and other specified conditions are met. Requires the Secretary, with respect to the definition of "supercomputer," to establish and publish in the Federal Register a performance-based indexing system to ensure that such definition and all controls and security safeguard procedures on supercomputer exports and reexports are commensurate with technological advances. Sets forth circumstances under which such safeguards are not required. Declares it is U.S. policy that licensing treatment of controlled countries should be revised for those countries that: (1) represent a lesser strategic threat; and (2) implement an effective export control system. Requires the Secretary of State to seek agreement of CoCom to remove Poland, Hungary, Czechoslovakia, Latvia, Lithuania, and Estonia from the list of controlled countries. Requires the President to make a determination whether the Soviet Union or any successor confederation should be removed from such list. Requires all licenses for the export of goods or technology for civil end uses to be given a presumption of approval. Requires the Secretary to issue regulations implementing the agreement reached in the Coordinating Committee High Level Meeting of June 6 and 7, 1990, and May 23, 1991, relating to removal of controls, national discretion, and favorable consideration of export licenses. Directs the Secretary of State to seek the approval of CoCom with respect to the proposal that no permission be required to export computers (the export of which to China would require only notification of CoCom members) to any country. Requires the Secretary to submit to specified congressional committees a report describing the implementation of the agreement reached at the CoCom Meeting. Prohibits items from being included on both the Commodity Control List and the United States Munitions List. Subjects all mass market computer software (including encryption software) to control under this Act and not under the Arms Export Control Act. Terminates such prohibition on June 30, 1993. Requires the Secretary of State to propose to the CoCom that exports of telecommunications equipment and technology for civil end use to any country, other than a country for which no permission to export is required, require no more than notification of the CoCom. Requires the President to submit to specified congressional committees a study of the national security implications of the transfer of telecommunications equipment and technology to controlled countries under the Act. Requires the Secretary, in implementing the national discretion and favorable consideration procedures agreed to by CoCom, to: (1) consider the actions of other CoCom members in approving or denying export licenses that are subject to such procedures; and (2) seek to ensure that U.S. exports are not placed at a competitive disadvantage. Sets forth requirements with respect to the issuance or denial of a license for the export of goods and technology subject to such CoCom procedures. Declares it to be U.S. policy: (1) in considering the submission of general exception cases to CoCom, to ensure consistency in the treatment of U.S. exporters and exporters from CoCom countries, and to support democracy and economic development in Eastern Europe and the Soviet Union or any successor confederation; and (2) to provide specific guidelines to U.S. exporters with respect to goods, sectors, and end users eligible for such exceptions, and to notify such exporters of all agreements adopted by CoCom with respect to such exceptions. Requires the control list to reflect multilateral control agreements reached by CoCom. Requires the Secretary to: (1) review for removal at least once each year, all goods and technology on the control list; and (2) make such review the basis for proposed revision of the International Industrial list. Terminates, as of September 30, 1992, and as of the end of each two-year period thereafter, all national security controls on the export of goods and technology to countries other than a controlled country, unless the Secretary determines that such items would make a significant contribution to the military potential of another country and would prove detrimental to U.S. security. Requires the United States to propose a policy to CoCom for all countries. Requires the Secretary of State, no later than November 1, 1992, and not later than the end of each two-year period thereafter, to submit to CoCom a proposal to terminate such controls on controlled countries. Declares that an export control shall be considered to be unilaterally maintained by the United States if it is a restriction, condition, or interpretation imposed by the Secretary upon goods or technology, or upon a license application for the export of such items, that is not imposed in similar circumstances by other governments of CoCom. Requires the Secretary to ensure that no new unilateral controls are created. Declares that, in specified circumstances, approval shall be presumed for license for export to a country of any controlled goods, without regard to their technical specifications, for trade show purposes. Declares that any license for the export of goods or technology shall also authorize the export of operation technical data related to such items, whether or not such data is referenced in such license, if the technical level of the data does not exceed the minimum level necessary to install, repair, or use such items. Changes from discretionary to mandatory the Secretary's authority to establish indexing procedures which provide for automatic increases (instead of the currently authorized annual increases) in the performance levels of certain goods or technology subject to export licensing controls. Requires removal of goods or technology which no longer meet the performance levels increased pursuant to such procedures from the commodity control list, unless the Secretary determines that removal of controls will permit exports detrimental to U.S. national security, and reports that determination to specified congressional committees. Directs the Secretary to require technical advisory committees to recommend indexing procedures for certain goods or technology. Requires the Secretary to review, and report to the Congress on, the goods and technology available from newly industrialized countries to determine if such items are of such sophistication that they warrant multilateral export controls. Requires the Secretary of State to propose to CoCom to initiate negotiations with such countries to reach agreements with respect to the restriction of exports or to obtain their participation in CoCom if the Secretary determines that such multilateral controls are warranted. Requires the Secretary of State to submit to CoCom any U.S. proposal that would apply a final determination affecting U.S. exports to controlled countries. Makes the Secretary a member of the permanent U.S. delegation to CoCom. Requires the Secretary to terminate licensing benefits to countries that fail to maintain export restrictions comparable to those maintained by CoCom. Requires the Secretary to publish the full text of CoCom's three International Control Lists, together with all notes and understandings concerning the list agreed to by CoCom. Provides for the confidentiality of such matter if it is determined that its publication would be contrary to national or international security, or inconsistent with U.S. obligations to CoCom. Prohibits the export or sale of controlled goods or technology to countries determined to have repeatedly provided support to international terrorism. Subjects Iran, Iraq, Libya, and Syria to such prohibition for a three-year period. Authorizes the Secretary to approve license applications for the export of goods and technology to countries of concern regarding chemical and biological weapons proliferation only after consultation with the Secretary of Defense and the Secretary of State. Increases the criminal and civil penalties for violations of the national security and foreign policy export control laws of the United States. Limits civil penalties for each violation to no more than $50,000. Requires the President to apply specified economic sanctions against foreign persons who violate negotiated agreements to restrict exports for national security purposes or an export control system maintained by a controlled country that is receiving licensing benefits from CoCom because of its status as a lesser strategic threat. Includes as a sanction against foreign violators the revocation of any issued export license and the entry of an order by the Secretary denying all export privileges to such person. Declares that all goods or technology seized for violation of the export laws shall be forfeited to the United States. Makes sums for export enforcement under the Act available for undercover investigative operations for the detection and prosecution of violations of such Act by the Office of Export Enforcement of the Department of Commerce. Provides for the judicial and administrative review of specified determinations made under the Act. Opposes preferential treatment in the licensing of exports to China because of its human rights abuses. Urges the denial of permission to export goods and technology (chemical weapons and missile technology) to China unless it gives adequate assurances regarding end-use and nontransfer of such items to a country or project of concern. Prohibits the export of U.S. satellites that are intended for launch from a Chinese launch vehicle. Authorizes the President to waive this ban on a case-by-case basis. Expresses the sense of the Congress that no exports to the Soviet Union, or any successor confederation, should be made if the Soviet Union restricts the emigration of Jews. Amends the Act to authorize appropriations to the Department of Commerce for FY 1992. Extends the Act through September 30, 1992. Title II: Export Promotion - Amends the Export Enhancement Act of 1988 to increase from eight to 20 the number of missions that the Secretary may designate abroad and for which senior Commercial Service Officers will be able to use the diplomatic title of Minister-Counselor. Requires the Secretary to report to the Congress on the adequacy of the training of officers and employees of the United States and Foreign Commercial Service in areas of writing commercial reports, language skills, cultural awareness, and public speaking. Includes within the definition of "multilateral development bank" the European Bank for Reconstruction and Development. Authorizes the Commercial Service to acquire personal services by contract to assist it in trade and promotion programs and in its automation efforts. Directs the Secretary to increase the number of Commercial Service Officers in Taiwan, Japan, and Canada by three over the number assigned to each country in calendar year 1989. Revises the qualifications of participants in the Market Development Cooperator Program to include expertise in the area of methods of distribution of goods and services. Requires the Secretary to report to specified congressional committees on progress made in implementing such Program. Requires the Secretary of State, not later than May 31 of each year (currently, every January 31), to report to specified congressional committees on the economic policy and trade practices of every country the United States has as a trading partner. Requires the President to establish the Trade Promotion Coordinating Committee to streamline international trade promotion activities of the United States. Requires the Comptroller General, not later than June 30, 1992, to transmit to specified congressional committees a report that analyzes the progress of Federal and State coordination of export promotion activities. Amends the Export Administration Amendments Act of 1985 to authorize appropriations for FY 1992 to the Department of Commerce for export promotion programs. Title III: Nuclear Nonproliferation - Nuclear Proliferation Prevention Act of 1991 - Amends the Atomic Energy Act of 1954 to restrict the export of nuclear weapon items to a non-nuclear weapon state, unless: (1) such state maintains International Atomic Energy Agency (IAEA) safeguards on all its peaceful nuclear activities; and (2) the export, retransfer, or activity is under the terms of an agreement for cooperation. Prohibits the Nuclear Regulatory Commission from issuing any license for the export of highly enriched uranium. Directs the President to undertake negotiations with foreign nations which participate in the Nuclear Suppliers Group to establish specified multilateral nuclear non-proliferation controls. Sets forth sanctions for violations of this Act. Amends the Nuclear Non-Proliferation Act of 1978 to require the United States to enter into negotiations with other nations and groups of nations to improve the effectiveness of the safeguards of the IAEA. Title IV: Miscellaneous Provisions - Expresses the sense of the Congress that the Soviet Union should cease military assistance to Cuba. Requires the President to submit to the Congress an analysis of the impact on efforts to achieve peace in the Middle East of specified Palestine Liberation Organization (PLO) attacks against Israelis. Directs the Secretary of the Treasury to submit to the Congress a report on illegal activities of the PLO in the United States.

Low-Level Radioactive Waste Policy Amendments Act of 1991

United States · United States Congress · 3 October 1991

Low-Level Radioactive Waste Policy Amendments Act of 1991 - Amends the Low-Level Radioactive Waste Policy Act to remove class C waste from the low-level program. Directs the Nuclear Regulatory Commission to issue regulations governing the siting of low-level radioactive waste disposal facilities, including requirements that any candidate site be located: (1) in a low population density area with estimated limited future population growth potential; and (2) at least five kilometers from the residential property limits of the nearest urban community at the time of site selection and from schools and other facilities primarily serving children.

Amending the Renewable Energy and Energy Efficiency Technology Competitiveness Act of 1989 to establish research and development and joint venture authority for high temperature superconductivity electric power technologies, and for other purposes.

United States · United States Congress · 3 October 1991

Amends the Renewable Energy and Energy Efficiency Technology Competitiveness Act of 1989 to establish research and development and joint venture authority for the High Temperature Superconductivity Energy Systems Program. Authorizes FY 1992 and 1993 appropriations.

Nonroad Alternative Fuels Demonstration Act

United States · United States Congress · 2 October 1991

Nonroad Alternative Fuels Demonstration Act - Directs the Secretary of Transportation (the Secretary) to establish a conversion incentive program for providing loan guarantees and interest subsidies to owners and operators of nonroad (including railroad, maritime, airport, and farm) vehicle fleets for the conversion of such vehicles from gasoline or diesel fuel to alternative fuels (i.e. processed natural gas, coal, coal water slurries, and electricity). Sets forth selection criteria and reporting requirements. Authorizes the Secretary to guarantee loans with a specified aggregate value for each of FY 1993 through 1998. Authorizes appropriations for interest subsidies for each of such years. Amends the Federal Railroad Safety Act of 1970 to direct the Secretary to issue rules, regulations, orders, or standards necessary for the safety of the operation and fueling of railroads on processed natural gas, coal, coal water slurries, and electricity. Preempts any State or local requirement concerning a subject regulated by the Secretary under such provision. Exempts natural gas, when used as a transportation fuel in a nonroad vehicle, from regulation under the Natural Gas Act, the Public Utility Holding Company Act of 1935, or any other Federal, State, or local law (with the exception of the Federal Railroad Safety Act of 1970 as amended by this Act and equivalent Federal safety statutes applicable to other modes of transportation).

To amend the procurement integrity provisions of the Office of Federal Procurement Policy Act.

United States · United States Congress · 2 October 1991

Repeals the following provisions suspended by the Ethics Reform Act of 1989: (1) provisions of the Department of Energy Organization Act regarding postemployment prohibitions and associated reporting requirements for former supervisors, and violations of such provisions considered in deciding the outcome of Department proceedings; (2) miscellaneous procurement requirements relating to private employment contacts between certain Department of Defense (DOD) procurement officials and defense contractors and certain former DOD procurement officials and the limitations on their employment by contractors; and (3) Federal criminal code provisions imposing restrictions on retired military officers in certain matters affecting the Government. Repeals certain miscellaneous procurement provisions not suspended by the Ethics Reform Act of 1989 regarding reporting requirements for employees and former employees of defense contractors and requirements on defense contractors regarding former DOD officials. Amends the Federal criminal code to provide that the terms "officer or employee" and "special Government employee" as used in conflict of interest provisions concerning the following shall include enlisted members of the armed forces: (1) compensation to Members of Congress, officers, and others in matters affecting the Government; (2) activities of officers and employees in claims against the Government; (3) restrictions on former officers, employees, and elected officials of the executive and legislative branches; (4) acts affecting a personal financial interest; (5) the making of the salary of Government officials and employees payable only by the United States; and (6) the voiding of transactions in violation of such Federal criminal code provisions enumerated above. Amends the Office of Federal Procurement Policy Act to revise provisions suspended by the Ethics Reform Act of 1989 governing the conduct of certain individuals involved in procurement-related activities to: (1) make such provisions with respect to procurement officials applicable to contract officials administering Federal agency contracts for property or services; (2) make such provisions with respect to competing contractors applicable to covered contractors performing Federal agency contracts for property or services; (3) make the prohibitions on solicitation and disclosure of any proprietary or source selection information regarding Federal agency procurement of property or services applicable in cases prior to the award, modification, or extension of a contract; (4) specify instances in which future employment contacts can be made without violating the prohibitions on such contacts if the individual receiving such a contact promptly reports it as specified; (5) deem a recusal to be approved by the head of the procuring or contracting activity of a procurement or contract official if such head fails to act on the recusal request within a certain period after if is submitted for approval; (6) permit such head to authorize such an official to re-enter the conduct of the procurement or the administration of the contract after the termination of discussions or rejection of any offers, if such head determines that such participation is essential to the successful completion of the procurement or administration of the contract and does not create a conflict of interest; (7) change the certification required to be made in order for a Federal agency to award a contract for the procurement of property or services to any competing contractor; (8) add references to a covered contractor to provisions placing restrictions on the procurement activities of former procurement officials and make such provisions applicable to the contract administration activities of former contract officials; (9) prohibit certain procurement and contract officials who performed significant functions with respect to a particular procurement or contract for a major system from knowingly accepting employment or compensation from a competing or covered contractor within a certain period after they engaged in their respective duties with respect to that procurement or contract; (10) outline additional notice requirements with respect to executive agency procurements; (11) add reporting requirements applicable to contractors awarded one or more Federal agency contracts in an aggregate amount of at least $10,000,000; (12) subject a person who knowingly fails to file such a report with the head of the agency involved to an administrative penalty; (13) redefine "during the conduct of any Federal agency procurement of property or services" as the period beginning on the date on which a contracting activity begins to prepare a procurement solicitation or (if no solicitation is prepared) takes any other action to initiate a procurement of goods or services; and (14) define "covered contractor" as any entity (including any person acting on behalf of the entity) that has entered into a prime Federal agency contract or a subcontract under a prime contract, if a contract official is substantially involved in certain activities concerning the subcontract.

To provide for the contribution by the United States, the Soviet Union, and other states of nuclear material recovered from warheads under arms control treaties for use for peaceful nuclear programs under auspices of the International Atomic Energy Agency, particularly to benefit developing states which are parties to the Treaty on the Non-Proliferation of Nuclear Weapons.

United States · United States Congress · 2 October 1991

Declares that it shall be U.S. policy to seek: (1) mutual pledges by the United States and the Soviet Union to use weapons-grade nuclear materials recovered from warheads only for peaceful purposes; and (2) an agreement with the Soviet Union providing for reciprocal contributions of all weapons-grade nuclear materials that are recovered from warheads dismantled under arms control agreements to be made available for peaceful nuclear purposes under the auspices of the International Atomic Energy Agency (IAEA), particularly to benefit those states with the greatest economic development needs. Directs the President to seek to negotiate an agreement with the Soviet Union to implement such policy. Requires that such agreement provide for: (1) establishment of a nuclear material recovery depository, under the auspices of the IAEA, for weapons-grade nuclear materials removed from dismantled nuclear weapons; (2) conversion of all such materials into a non-weapons-usable form suitable for commercial energy or other nonmilitary purposes; (3) arrangements for bilateral U.S.-Soviet inspection and verification of all such materials held by either country; (4) application of IAEA safeguards to all such materials after they leave the control of the contributing state; (5) establishment of criteria for use by the IAEA in determining which states will receive such recovered materials; (6) use of the amounts paid by states to obtain contributed nuclear materials for payments to IAEA to finance certain safeguards and peaceful uses or for payments of assessed United Nations contributions of the contributing state; and (7) procedures to allow states other than the United States and the Soviet Union to make such materials available for use in accordance with the arrangements contemplated by this Act. Prohibits the transfer of weapons-grade nuclear materials contributed by the United States from U.S. control in a form which could reveal restricted data and cause an undue security risk. Allows states to take the steps necessary in the removal and dismantling process to protect the security of all classified design features of weapons systems. Requires the President to report to the Congress within 180 days of enactment of this Act on a plan to implement the policy established by this Act.

A bill to amend subsection 31(e) of the Mineral Leasing Act, and for other purposes.

United States · United States Congress · 26 September 1991

Amends the Mineral Leasing Act to repeal the requirement that notice of a proposed oil or gas lease reinstatement be submitted to certain congressional committees prior to actual reinstatement.

International Development, Trade, and Finance Act of 1992

United States · United States Congress · 26 September 1991

International Development, Trade, and Finance Act of 1991 - Title I: International Monetary Fund - Amends the Bretton Woods Agreements Act to authorize the U.S. Governor of the International Monetary Fund (IMF) to: (1) consent to an increase in the U.S. quota in the IMF; and (2) accept the amendments to the Articles of Agreement of the IMF proposed in resolution 45-3 of the IMF's Board of Governors. Authorizes the Secretary of the Treasury to instruct the U.S. Executive Director of the IMF to approve the IMF's pledge to sell a specified amount of the IMF's gold to restore the resources of the Reserve Account of the Enhanced Structural Adjustment Facility Trust to meet obligations to lenders who have made loans to the Trust for financing programs of members who are in arrears to the IMF. Expresses the sense of the Congress that: (1) encouragement should be given to the efforts being made to address the political and economic problems of nations making the transition to more open political and economic systems; and (2) consideration should be given to developing relationships between such nations, the IMF, the International Bank for Reconstruction and Development, and other international financial institutions as part of assisting such nations in making such transitions. Requires the Secretary to instruct the U.S. Executive Director of the IMF to encourage the IMF to adopt procedures for the publication of economic reviews of the major industrialized nations and other commentary, as appropriate. Expresses the sense of the Congress that procedures should be instituted to review the activities of the IMF and the International Bank for Reconstruction and Development for purposes of coordinating the international economic activities of international financial institutions at the Board, management, and staff levels. Directs the Secretary to instruct the U.S. Executive Director of the IMF to: (1) advocate specified actions concerning poverty alleviation and policy framework papers; and (2) urge renewal of debt and debt service reduction programs. Requires the Secretary to report to the Congress on the debt of the Soviet Union held by commercial banks outside the Soviet Union and the prospects for repayment of such debt. Directs the Secretary to instruct the U.S. Executive Director of the IMF to encourage environmental considerations in IMF programs. Requires the Secretary to instruct the U.S. Executive Director of the IMF to support the development of programs that recognize the importance of social issues, including certain actions concerning child survival and basic education issues. Directs the Secretary, in the annual report of the National Advisory Council on International Monetary and Financial Policies, to report on: (1) the progress made by the Director in implementing such programs; and (2) any votes cast in opposition to such programs. Requires the Secretary to instruct the U.S. Executive Directors of the IMF and the International Bank for Reconstruction and Development to obtain a joint determination from the Bank and the IMF, with respect to any proposed loan to a member nation, as to whether the nation is engaged in arms and weapons expenditures that: (1) are excessive to its national circumstances; or (2) constitute an impediment to sound management of its economy and achievement of sustained long-term growth. Directs the Secretary to instruct the Directors to: (1) oppose loans to any nation determined to be engaged in excessive weapons expenditures, unless the nation makes a commitment to reducing its weapons expenditures; and (2) report to the Secretary on any loan the United States supports to a country determined to be engaged in excessive weapons expenditures. Title II: International Bank for Reconstruction and Development and Affiliates - Subtitle A: International Finance Corporation - Amends the International Finance Corporation Act to authorize the U.S. Governor of the International Finance Corporation to subscribe to additional shares of the Corporation's capital stock. Authorizes appropriations. Subtitle B: International Bank for Reconstruction and Development - Amends the Bretton Woods Agreements Act to require the Secretary of the Treasury to instruct the U.S. Executive Director of the International Bank for Reconstruction and Development to advocate specified measures to alleviate poverty. Expresses the sense of the Congress that the Bank and the International Development Association should: (1) give greater programmatic and budgetary priority to the survival and development of children; and (2) make a commitment to devoting at least five percent of the annual lending of such entities to primary health and basic education, respectively. Directs the Secretary to instruct the U.S. Executive Director of the Bank to urge: (1) renewal of debt and debt service reduction programs; (2) the establishment of a program to provide technical assistance to the Baltic States and the Soviet Union in support of democratic reforms, human rights, the rule of law, and market-oriented reforms; and (3) the coordination of such program with the programs of other donors. Subtitle C: Financial Assistance for Global Environmental Protection - Global Environmental Protection Assistance Act of 1991- Authorizes the Secretary to contribute a specified amount to the Global Environmental Facility of the International Bank for Reconstruction and Development if the Secretary has certified to specified congressional committees that the Facility has made progress toward implementing certain measures set forth in this Act. Authorizes appropriations. Amends the International Financial Institutions Act to direct the Secretary of the Treasury to report to the House Committee on Banking, Finance and Urban Affairs and the Senate Foreign Relations Committee on the progress made by the multilateral development banks in achieving objectives concerning debt-for-nature exchanges and lending for the environment. Title III: Enterprise for the Americas Initiative - Declares that it is the purpose of this title to support improvement in the lives of the people of Latin America and the Caribbean and economic growth through initiatives to promote debt reduction, investment reforms, trade liberalization, and community-based conservation and sustainable use of the environment. Subtitle A: Provisions Relating to the Enterprise for the Americas Investment Fund at the Inter-American Development Bank - Amends the Inter-American Development Bank Act to direct the Secretary of the Treasury to instruct the U.S. Executive Director of the Inter-American Development Bank to seek the establishment of a fund that meets the requirements of this title. Authorizes the Secretary to seek contributions to the fund from other countries. Sets forth as the requirements for this title that: (1) the U.S. Government and the President of the Bank have concluded an agreement that establishes and sets forth conditions for the use of an Enterprise for the Americas Investment Fund at the Bank; (2) at least three different governments have made a commitment to donate to the Fund; (3) substantial amounts are pledged as contributions to the Fund; and (4) the Secretary has transmitted a copy of the agreement to the chairman of the House Committee on Banking, Finance and Urban Affairs and the President of the Senate. Authorizes the Secretary to contribute to the Fund if such requirements are met. Authorizes appropriations. Directs the Secretary, if a Fund is established, to instruct the U.S. Executive Director of the Bank to oppose any proposed action of the Fund that would have a significant adverse environmental impact unless an impact assessment has been available for at least 120 days before the vote. Subtitle B: Enterprise for the Americas Facility - Establishes in the Department of the Treasury the Enterprise for the Americas Facility to administer debt reduction operations for countries that meet investment reforms and other policy conditions. Makes eligible for Facility benefits Latin American or Caribbean countries that: (1) have in effect, received approval for, or are making progress toward, specified IMF arrangements and structural or sectoral adjustment loans from the International Bank for Reconstruction and Development or the International Development Association; (2) have put in place major investment reforms in conjunction with an Inter-American Development Bank loan or are implementing or making progress toward an open investment regime; and (3) have agreed with commercial bank lenders on a financing program for debt or debt service reduction. Subtitle C: Sales, Reductions, or Cancellations of Loans - Authorizes the President to: (1) sell to any eligible purchaser any loan made to an eligible country before 1991 pursuant to the Export-Import Bank Act of 1945; and (2) reduce or cancel such loan on receipt of payment from an eligible purchaser only for purposes of facilitating debt-for-equity, debt-for-development, or debt-for-nature swaps. Authorizes appropriations. Subtitle D: Reports and Consultations - Sets forth reporting and congressional consultation requirements for the President with respect to the Enterprise for the Americas Facility. Title IV: Asian Development Bank - Amends the Asian Development Bank Act to authorize the U.S. Governor of the Asian Development Bank to subscribe to additional shares of the Bank's capital stock. Authorizes appropriations. Title V: African Development Fund - Amends the African Development Fund Act to authorize the U.S. Governor of the African Development Fund to contribute a specified amount to the sixth replenishment of the Fund. Authorizes appropriations. Title VI: Export-Import Bank - Amends the Export-Import Bank Act of 1945 to repeal a provision concerning limitations on financing for exports to the Soviet Union. Directs the Export-Import Bank to: (1) develop a program for providing guarantees and insurance with respect to the export of high technology items to SEED program countries (defined under the Support for East European Democracy (SEED) Act of 1989); and (2) inform high technology companies about Bank programs for U.S. companies interested in exporting high technology goods to such countries. Earmarks funding for such programs. Directs the Bank to report to the Congress on the demand for loans, guarantees, and insurance for trade between the United States and the Baltic States and the Soviet Union and to make recommendations for the promotion of trade between the United States and such countries. Prohibits the Bank from guaranteeing, insuring, or participating in an extension of credit in connection with any credit sale of defense articles or services to foreign countries (currently, countries designated under a section of the Internal Revenue Code as economically less developed countries). Exempts from such prohibition articles or services sold on or before September 30, 1994, that will be used only for antinarcotics purposes. Applies such exemption with respect to sales to a country that has previously obtained defense articles or services from a U.S. person only if the President determines that the country: (1) has complied with all U.S. restrictions on the end use of such articles and services; and (2) has not used such articles and services to engage in a consistent pattern of human rights violations. Requires the Comptroller General to study and report to the House Committee on Banking, Finance and Urban Affairs and the Senate Committee on Banking, Housing, and Urban Affairs on the Bank's participation in financing such sales. Expresses the sense of the Congress that the President should make the determination that Estonia, Latvia, and Lithuania have ceased to be Marxist-Leninist countries for purposes of waiving restrictions on Bank aid to such countries. Title VII: Multilateral Development Banks - Subtitle A: Energy Efficiency - International Energy Efficiency Financing Act of 1991 - Amends the International Financial Institutions Act to require the Secretary of the Treasury to instruct the U.S. Executive Directors of the multilateral development banks to: (1) demonstrate programs for measuring the application of systems energy efficiency planning and techniques; and (2) advocate procedures that require assessments of the impacts of proposed actions that would have a significant impact on energy efficiency before votes in favor of such actions. Directs the Secretary to seek the adoption of policies which result in access to the public of energy efficiency assessments by the borrowing countries and the lending institutions. Subtitle B: Alleviation of Poverty, Reduction of Barriers to Economic and Social Progress, and Other Provisions - Requires the Secretary to instruct the U.S. Executive Directors of the regional multilateral development banks to advocate the establishment of an organizational unit to aid bank management policies for the reduction of poverty and of barriers to economic and social progress and equity. Directs the Secretary to instruct the U.S. Executive Directors of the international financial institutions to: (1) encourage borrowing countries to involve women in development activities and to develop fair labor practices guidelines for such countries; (2) urge such institutions to reflect the diversity of the population in hiring practices and to strengthen and expand recruitment, hiring, and promotion of minorities and women; and (3) urge such institutions to adopt compensation policies to ensure that comparable pay is provided for people in comparable jobs. Requires the Secretary to instruct the U.S. Executive Directors of the multilateral development banks to oppose any loan, except for basic human needs, to Ethiopia, Somalia, or Sudan until the President certifies to the Senate Foreign Relations Committee and the House Committees on Banking, Finance and Urban Affairs and Foreign Affairs, respectively, that the government of the country has: (1) begun to implement peace or national reconciliation agreements; (2) demonstrated a commitment to human rights; (3) manifested a commitment to democracy and has held or scheduled free and fair elections; and (4) agreed to distribute development assistance without discrimination. Directs the Secretary to instruct the U.S. Executive Directors of the IMF and specified multilateral lending institutions to support membership of the Soviet Union in such institutions after the President certifies that the Soviet Union is implementing specified economic and political reforms and terminating military assistance to repressive regimes or nations which support terrorism. Subtitle C: Financial Integrity - Requires the Secretary to instruct the U.S. Executive Directors of the international financial institutions to ensure the establishment of offices of Inspectors General in such institutions. Title VIII: Consolidation of Reports - Requires annual reports submitted by the Chairman of the National Advisory Council on International Monetary and Financial Policies to include summaries of reports required under the Bretton Woods Agreements Act.

To amend the Mineral Leasing Act to provide for the continuation of certain leases on mineral estates upon the vesting of a present interest of the United States to such mineral estates.

United States · United States Congress · 26 September 1991

Amends the Mineral Leasing Act to permit, upon the leaseholder's election, noncompetitive continuation of certain oil or gas leases on lands in which the United States held a vested future interest in the mineral estate which has become a vested present interest in it. Requires that: (1) oil or gas was being produced before the present mineral interest vested in the United States; and (2) such lease issued without competitive bidding.

Federal Facility Energy Efficiency and Environmental Improvement Act of 1991

United States · United States Congress · 24 September 1991

Federal Facility Energy Efficiency and Environmental Improvement Act of 1991 - Directs the Secretary of Energy to establish demonstration programs of commercially available and long-term energy efficiency and renewable energy technologies for Federal use in federally owned buildings and facilities. Authorizes FY 1992 through 1994 appropriations. Establishes an Advanced Federal Building Research and Development Program. Authorizes FY 1992 through 1994 appropriations. Requires Federal procurement to maximize the use of cost effective energy-using equipment and recyclable products. Provides for Federal agency shared energy savings, including demonstration projects. Requires the Architect of the Capitol to establish a shared energy savings demonstration program. Directs the Secretary to develop a simplified method of energy savings services procurement.

The following named persons to be Members of the Federal Energy Regulatory Commission: Elizabeth Anne Moler, of Virginia, for the term expiring June 30, 1994. (Reappointment) Branko Terzic, of Wisconsin, for the term expiring June 30, 1995. (Reappointment)

United States · United States Senate · 20 September 1991

The following-named persons to be the Representative and Alternate Representatives of the United States of America to the Thirty-fifth Session of the General Conference of the International Atomic Energy Agency: Representative: James D. Watkins, of California Alternate Representatives: Richard T. Kennedy, of the District of Columbia Jane E. Becker, of the District of Columbia Ivan Selin, of the District of Columbia

United States · United States Senate · 12 September 1991

To direct the Secretary of Energy to enter into an arrangement with the National Academy of Sciences to conduct a study of the effects on human health of exposure to extremely low frequency electric and magnetic fields.

United States · United States Congress · 11 September 1991

Mandates a study and report to the Congress by the National Academy of Sciences of the effects on human health of exposure to extremely low frequency electric and magnetic fields. Directs the Secretary of Energy to make available funds for the study from funds generally available to the Secretary for conducting studies. Declares that it is the sense of the Congress that any public utility planning to install electric transmission lines should delay installation of the lines for a specified period after submission of the report.

Making appropriations for the government of the District of Columbia and other activities chargeable in whole or in part against the revenues of said District for the fiscal year ending September 30, 1992, and for other purposes.

United States · United States Congress · 11 September 1991

Title I: Fiscal Year 1992 Appropriations - District of Columbia Appropriations Act, 1992 - Appropriates funds to the District of Columbia for FY 1992 for: (1) the Federal payment to the District of Columbia; (2) the Federal contribution to retirement funds; (3) the Department of Human Services; (4) the Metropolitan Police Department; (5) public school facilities and grounds; (6) the District of Columbia General Hospital; (7) the District of Columbia Institute for Mental Health; (8) the Children's National Medical Center for a cost-shared National Child Protection Center; and (9) the George Washington University Medical Center. Requires that the specified amount contributed to the District of Columbia for the Direct Activity Purchase System (DAPS) to maintain and improve public school facilities and grounds be returned to the Treasury if the amount spent by the District out of its own funds for such purposes in FY 1991 exceeds the amount spent in FY 1992. Appropriates specified sums out of the District of Columbia general fund for the current fiscal year for: (1) governmental direction and support; (2) economic development and regulation; (3) public safety and justice; (4) public education; (5) human support services; (6) public works; (7) the Washington Convention Center Fund; (8) repayments of specified loans and interest; (9) repayment of the general fund deficit; (10) employees' optical and dental benefits; (11) capital outlay; (12) the Water and Sewer Enterprise Fund and water construction projects; (13) the Lottery and Charitable Games Enterprise Fund; and (14) the Cable Television Enterprise Fund. Requires the District of Columbia to operate and maintain a telephone hotline for Lorton-area residents to receive information concerning escapes, fires, and riots at Lorton prison. Directs the Mayor to submit a reorganization plan to the District of Columbia Council on the Department of Finance and Revenue by October 1, 1991. Sets forth certain uses of and restrictions on the expenditure of appropriations made by this Act. Prohibits the use of funds for: (1) activities which permit or encourage partisan political activities; (2) the salary of any District of Columbia government employee whose name, title, grade, salary, or work and salary history are not available for inspection by specified congressional committees and the District of Columbia Council, or whose name and salary are not available for public inspection; (3) publicity or propaganda purposes; (4) abortions, except where the life of the mother would be endangered if the fetus were carried to term; or (5) reprogramming, unless the reprogramming was approved according to specified procedures. Requires that the annual budget for the District of Columbia government for FY 1993 be transmitted to the Congress by April 15, 1992. Requires the Mayor to develop an annual plan for capital outlay borrowings. Prohibits the Mayor from: (1) borrowing funds for capital projects without the prior approval of the District of Columbia Council; or (2) using money borrowed for capital projects for operating expenses of the District of Columbia government. Directs the Mayor to submit to the D.C. Council, within 30 days after the end of the first quarter of FY 1992, the FY 1992 revenue estimates. Amends the District of Columbia Self-Government and Governmental Reorganization Act to extend, for one year, the District's authority to sell its general obligation bonds through negotiated sales. Prohibits the renewal or extension of any sole source contract with the District of Columbia government without opening that contract to the competitive bidding process, subject to exception. Requires any sequestration order under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to be applied to each account appropriating Federal funds in this Act (rather than to the aggregate total of those accounts) which is not specifically exempted from sequestration by specified Federal law. Provides for repayment to the Federal Treasury of any amounts appropriated and paid to the District of Columbia before a sequestration order is issued, applying the sequestration percentage proportionately to each account not specifically exempted from sequestration. Requires the District of Columbia to pay interest on its quarterly payments to the United States that are made more than 60 days after its receipt of an itemized statement from the Federal Bureau of Prisons of amounts due for housing D.C. convicts in Federal penitentiaries. Excludes up to 75 officers or members of the Metropolitan Police Department who were hired before February 14, 1980, and who retire on disability before the end of 1991, from computation of the disability retirement rate for the purpose of reducing the authorized Federal payment to the District of Columbia Police Officers and Fire Fighters' Retirement Fund. Provides that if any of the 75 light duty positions that become vacant under this provision are filled they must be filled with civilian employees or filled temporarily by officers or members of the Police Department. Authorizes an entity of the District of Columbia government to accept and use a gift or donation during FY 1992 if: (1) the Mayor approves; and (2) the entity uses such gift or donation to carry out its authorized functions or duties. Requires the entity to keep accurate and detailed records of acceptance and use of any gift or donation and to make them available for audit and public inspection. Title II: Fiscal Year 1991 Supplemental District of Columbia Funds - District of Columbia Supplemental Appropriations and Rescissions Act, 1991 - Makes supplemental appropriations (including rescissions) to the District of Columbia for FY 1991 for: (1) governmental direction and support; (2) economic development and regulation; (3) public safety and justice; (4) public education; (5) public works; (6) the Washington Convention Center Fund; (7) repayment of specified loans and interest; (8) short-term borrowing; (9) employees' optical and dental benefits; (10) capital outlay; and (11) the Water and Sewer Enterprise Fund and water construction projects. Rescinds specified FY 1991 funds earmarked for human support services. Repeals specified provisions of Federal law relating to: (1) repayment by the District of Columbia of its general fund deficit; and (2) a mandate to the Mayor of the District to reduce appropriations and expenditures for supply, energy, equipment, and personal services. Requires that the annual budget for the District of Columbia government for FY 1992 be transmitted to the Congress by May 17, 1991, instead of April 15, 1991. Authorizes an entity of the District of Columbia government to accept and use a gift or donation during FY 1991 if: (1) the Mayor approves; and (2) the entity uses such gift or donation to carry out its authorized functions or duties. Directs the entity to keep accurate and detailed records of acceptance and use of any gift or donation and to make them available for audit and public inspection. Declares that appropriations made and authority granted under this title shall be deemed available for FY 1991.

Waste Isolation Pilot Plant Land Withdrawal Act

United States · United States Congress · 2 August 1991

Waste Isolation Pilot Plant Land Withdrawal Act of 1991 - Withdraws from all forms of entry, sale, and disposal under the public land laws and from all forms of appropriation and operation under mining and mineral leasing laws the public lands in Eddy County, New Mexico, which surround the Waste Isolation Pilot Plant (WIPP) (a Department of Energy (DOE) research and development facility authorized to demonstrate the safe disposal of defense radioactive waste). Describes the lands to be withdrawn. Revokes specified public land orders made inconsistent by this Act. Makes the Secretary of Energy responsible for management of the withdrawn lands. Requires the Secretary to develop a management plan for the withdrawn lands requiring any use of such lands for activities not associated with WIPP to be subject to conditions and restrictions that may be necessary to permit the conduct of WIPP activities. Requires the management plan to permit domestic livestock grazing, hunting and trapping, maintenance of wildlife habitat, the disposal of salt tailings remaining on the surface, and mining, subject to prescribed guidelines. Authorizes the Secretary to close to the public any part of such withdrawn lands if required for public health and safety. Directs the Secretary to submit the management plan to appropriate congressional committees and the State of New Mexico. Provides for ongoing review by the National Academy of Sciences (NAOS), the State, the WIPP Environmental Evaluation Group (EEG), and the Administrator of the Environmental Protection Agency (EPA) of a proposal to be developed by the Secretary for an experimental program at the WIPP site to demonstrate compliance with EPA standards issued below for the disposal of transuranic radioactive waste. Outlines requirements applicable to such demonstration, including those prohibiting radioactive wastes from being received at WIPP until after the EPA Administrator certifies to the Congress and the State that the Secretary has demonstrated compliance with the disposal standards issued below for transuranic radioactive waste. Requires the EPA Administrator to publish proposed environmental standards for the disposal of transuranic radioactive waste, which will be made final one year after this Act is enacted. Requires the Secretary, with respect to WIPP, to comply in all respects with the environmental standards for management and storage issued by the EPA Administrator, beginning on the date of enactment of this Act. Requires the Secretary to comply fully with the final environmental standards for the disposal of transuranic radioactive waste. Requires the EPA Administrator, with respect to the transuranic radioactive waste at WIPP, to certify to the Congress whether the Secretary has complied with the environmental standards for disposal issued by the EPA Administrator. Requires the Secretary to comply with the environmental standards for the disposal of transuranic radioactive waste as in effect on November 18, 1985, if the Administrator fails to publish the proposed or final environmental standards for such a disposal. Requires WIPP to use engineered barriers as well as natural barriers to isolate the radioactive waste after disposal in compliance with applicable EPA standards. Outlines minimum specifications for such barriers. Requires the Secretary to also include waste from modifications in WIPP, if appropriate under certain circumstances. Provides that if WIPP fails to meet final EPA disposal standards by six years after enactment of this Act, the Secretary shall ensure that the waste is removed from the site within one year and WIPP will be decommissioned and the land withdrawl provided by this Act will be terminated. Allows such deadline to be extended by one year. Places restrictions on the amount of transauranic radioactive waste that may be received at WIPP during and after the experimental program. Prohibits spent fuel or high-level radioactive waste from being received at WIPP. Requires all waste emplaced in WIPP under the experimental program to be retrievable during the course of that program and for the period of time subsequent to the program needed to provide for its retrieval in the event that facility does not comply with the environmental standards issued for the disposal of transuranic radiactive waste. Directs the Secretary to provide the EPA Administrator and the State with a retrieval plan for the removal of all wastes from WIPP and the return of all waste to its point of origin, as indicated on the waste shipping manifest, or any other interim storage facility designated by the Secretary other than the WIPP facilities. Directs the Secretary to implement the plan or take corrective actions to assure the retrievability of waste in the event that a finding is made below that the waste is not retrievable. Requires the Secretary to make an annual determination, taking into account the evaluation discussed below, of whether all radioactive waste is presently retrievable and can remain retrievable if: (1) WIPP fails to meet the final environmental standards for the disposal of transuranic radioactive waste; or (2) the waste needs to be retrieved for engineering modification or for repackaging for permanent disposal. Directs the Secretary to demonstrate, on an annual basis, in conjunction with the determination required above, that a sample of transuranic waste is retrievable. Directs the Bureau of Mines to prepare an annual evaluation of the safety of the WIPP mine. Provides that upon a determination by the EPA Administrator that the waste will not be retrievable, the EPA Administrator shall, pursuant to the authorities provided in the Resource Conservation and Recovery Act, revoke any applicable permits and take such action as provided in such Act to assure the retrievability or removal of all WIPP waste. Requires that transuranic radioactive waste transported to or from WIPP must be transported in special containers certified by the Nuclear Regulatory Commission. Requires advance notification to State and local officials and Indian tribes before such waste may be so transported. Requires the Secretary to provide technical assistance and funds for training public safety officials for emergency preparedness. Prohibits the transport of radioactive waste to or from WIPP until the training has been provided. Requires the Secretary to provide to State and local governments the equipment to respond to an incident involving waste being transported. Prevents radioactive waste from being transported by or for the Secretary to or from WIPP until after the designation of the WIPP routes by the Highway Commission of the State. Disallows the transport of transuranic radioactive waste from the Los Alamos National Laboratory to WIPP until the Santa Fe bypass is built. Requires the Secretary to continue to encourage WIPP related business and employment opportunities within New Mexico. Provides for payments to New Mexico to mitigate the impacts on the State and local governments resulting from WIPP. Requires the Secretary to make annual payments to the State for an appropriate group to undertake annual reviews of the economic impact of WIPP activities. Directs the Secretary to submit to New Mexico, EEG, and appropriate congressional committees within three years after the enactment of this Act a plan for environmental controls for managing WIPP after decommissioning. Directs the Secretary to develop within two years a plan for the management and use of the withdrawn lands following decommission. Authorizes appropriations to the Secretary to acquire the Federal Oil and Gas leases No. NMNM 02953 and 02953C. Authorizes appropriations to carry out this Act. Requires any waste introduced at the WIPP site prior to the enactment of this Act to be subject to the provisions of this Act and to be removed from such site in the event the conditions of this Act have not been complied with.

A bill to direct the Secretary of Energy to request the National Academy of Sciences to conduct a study of the sources of, the damage caused by, and the possible means of preventing occurrences of the phenomenon of electrical and electromagnetic leakage known as stray voltage.

United States · United States Congress · 2 August 1991

Directs the Secretary of Energy to require the National Academy of Sciences to report to the Congress the results of a study regarding electrical and electromagnetic leakage known as stray voltage. Authorizes appropriations.

United States-Mexico Environmental Technology Transfer and Partnership Act

United States · United States Congress · 2 August 1991

United States-Mexico Environmental Technology Transfer and Partnership Act - Directs the Secretary of Energy to encourage national laboratories to enter into partnerships with the Mexican Government and Mexican industry for purposes of sharing information and transferring technology to Mexico to provide for: (1) waste minimization; (2) education in environmental technology practices; and (3) environmental technology needed to meet air, water, and soil quality standards. Requires the Secretary to encourage: (1) Mexican educational institutions to enter into partnerships with such laboratories to involve academic researchers in environmentally sound manufacturing; (2) national laboratories to enter into partnerships with Mexican industry that take advantage of expertise in environmentally sound manufacturing developed at such laboratories; and (3) the exchange of scientists and engineers among such laboratories and Mexican educational institutions and industry to facilitate the transfer of ideas and technology. Authorizes appropriations.

National Energy Efficient Lighting Education Act of 1991

United States · United States Congress · 2 August 1991

National Energy Efficient Lighting Education Act of 1991 - Directs the Secretary of Energy (the Secretary), within 12 months after enactment of this Act, to make grants to nonprofit institutions and universities (or a consortium of such entities) to establish one regional energy efficient lighting education and demonstration center (centers) in each of the ten regions served by a Department of Energy regional support office. Sets forth such centers' responsibilities, including functions relating to training of lighting professionals, information dissemination, and assistance for lighting engineering and technical programs and curricula. Sets forth requirements for grant applications, selection criteria, and matching funds. Directs the Secretary to establish a task force to: (1) oversee research and training carried out by grant recipients; (2) disseminate such research results; (3) review such programs; and (4) make recommendations for possible future programs. Directs the Secretary to report annually to the Congress on the activities of such centers. Authorizes appropriations for grants for such centers. Authorizes the Secretary to make matching grants to States to encourage State energy offices to supplement the activities of such centers in providing educational workshops to train local building owners, developers, and facility energy and financial managers regarding energy efficient lighting options. Requires such workshops to be conducted in cooperation with the center for the region in which the State is located and with technical assistance and educational material from such center. Gives preference for such grants to States in which a center has not been established. Sets limits on the amount of such a grant to any State. Directs the Secretary to report annually to the Congress on such educational workshops supported by State energy offices. Authorizes appropriations for such grants to States.

National Energy Resources Act of 1991

United States · United States Congress · 2 August 1991

National Energy Resources Act of 1991 - Title I: Energy Efficiency - Subtitle A: Average Fuel Economy Standards - Amends the Motor Vehicles Information and Cost Savings Act to: (1) prescribe average fuel economy standards for passenger vehicles for model year 1996 and beyond; and (2) direct the Secretary of Transportation (the Secretary) to prescribe average fuel economy standards for non-passenger vehicles (light trucks) for model years ending before model year 1996. Prescribes average fuel economy standards for passenger automobiles for model years 1996 and thereafter. Permits persons to petition for modification of such standards. Subtitle B: Federal Energy Management - Amends the National Energy Conservation Policy Act to set a deadline by which each Federal agency shall install in Federal buildings under its control energy conservation projects with prescribed payback periods. Amends the Motor Vehicle Information and Cost Savings Act to modify the average fuel economy standards required of the Federal passenger automobile fleets. Subtitle C: Tax Treatment of Transportation Benefits Provided by Employer - Amends the Internal Revenue Code to prescribe tax treatment of qualified transportation benefits. Subtitle D: Amendments to Public Utility Regulatory Policies Act of 1978 - Amends the Public Utility Regulatory Policies Act of 1978 to mandate that each State regulatory authority adopt a specified Federal standard regarding gas and electric utility incentives to implement demand-side management programs and least cost supply measures. Subtitle E: Energy and Water Conservation Subsidies - Amends the Internal Revenue Code to declare that gross income shall not include the value of any subsidy provided by a public utility to a customer for the purchase of installation of any energy or water conservation measure. Subtitle F: Development of Recycling Markets - Directs the Secretary of Commerce to establish within the Department of Commerce the Bureau of Recyclable Commodities to promote the use of recovered materials diverted from solid waste. Prescribes implementation measures. Subtitle G: State and Local Building Codes - Amends the National Energy Conservation Policy Act to direct the Secretary of Energy to establish: (1) a program to provide technical assistance to States and localities to update energy efficiency provisions of residential and commercial building codes; and (2) a task force to advise in the development of such program. Prescribes implementation measures. Subtitle H: Lighting Standards and Labeling - Directs the Secretary of Energy to establish test procedures and develop an energy conservation standard for lamps, motors, commercial air conditioners, and heating equipment. Title II: Domestic Resources - Subtitle A: Coal Technologies - Directs the Secretary of Energy to: (1) conduct and report to certain congressional committees on a research and demonstration program for advanced coal-based technologies to achieve the control of certain oxides and the development of cost-effective energy technologies; and (2) submit to the Congress a research, development and demonstration plan for technologies for the non-fuel use of coal. Subtitle B: Strategic Petroleum Reserve Amendments - Amends the Energy Policy and Conservation Act to grant the President additional authority to drawdown or distribute reserves pursuant to the Strategic Petroleum Reserve Plan if it is determined that implementation of the Distribution Plan would assist in relieving severe economic problems directly related to a significant increase in petroleum product prices. Directs the Secretary of Energy to implement during FY 1992: (1) a program for filling the Reserve at a specified annual rate so that the quantity of crude oil in storage within the Reserve reaches a specified level; and (2) a regional refined product reserve in the northeast region of the United States. Subtitle C: Used Oil Recycling Program - Requires certain producers and importers of lubricating oil to refine, re-refine, or re-process used oil into petroleum products in an amount determined according to specified formula. Requires the Secretary of Energy to issue regulations implementing such requirement. Authorizes appropriations. Amends the Solid Waste Disposal Act to prohibit the Administrator of the Environmental Protection Agency (EPA) from listing or identifying used oil as a hazardous waste. Subtitle D: Transportation of Natural Gas - Amends the Natural Gas Policy Act of 1978 to authorize the Federal Energy Regulatory Commission (FERC) to permit: (1) any interstate pipeline to transport natural gas on behalf of any other person; and (2) the construction of natural gas transportation facilities. Makes FERC the lead agency with primary authority for National Environmental Protection Act compliance for such construction projects. Title III: Alternative Energy - Subtitle A: Alternative Fueled Vehicles - Sets forth a timetable by which certain percentages of Federal fleets of passenger automobiles or light-duty trucks must use alternative fuels. Subtitle B: Tax Incentives for Production of Electricity From Renewables - Amends the Internal Revenue Code to provide tax credits for the production of electricity from solar, wind, or geothermal sources (i.e. renewable resources) for a ten-year period. Title IV: Research and Development - Subtitle A: Joint Ventures for Renewable Energy Development for Oil Displacement - Amends the Renewable Energy and Energy Efficiency Technology Competitiveness Act of 1989 to direct the Secretary of Energy to solicit proposals and provide financial assistance to joint ventures for the commercialization of specified renewable energy technologies, and for the demonstration of fuel cells technology. Authorizes appropriations. Subtitle B: Technology Transfer - Amends the Atomic Energy Act of 1954 to authorize the Nuclear Regulatory Commission (NRC) to use the resources of the Department of Energy to enhance educational opportunities in science, mathematics and engineering for American students and educators in order to improve the scientific competitiveness of the United States. Directs the Secretary of Energy to establish programs that use the scientific resources of the Department of Energy to promote technology transfers and enhance technology commercialization. Authorizes appropriations. Subtitle C: Research Funding Priorities - Sets forth criteria for research funding priorities. Subtitle D: Math and Science Education Programs - Amends the Atomic Energy Act of 1954 to authorize the NRC to use the resources of the Department of Energy in cooperation with the Department of Education to enhance educational opportunities in science and mathematics for American students and educators. Directs the Secretary of Energy, in cooperation with the Secretary of Education, to: (1) establish programs using Department of Energy measures to enhance mathematics and science education in the United States; and (2) make grants (or enter into cooperative agreements with appropriate entities) to develop a comprehensive primary and secondary school math and science curriculum regarding the interdependency of energy and the environment. Title V: Low Income, Affordability, and State Programs - Amends the Energy Conservation and Production Act to authorize appropriations through FY 1996 for: (1) the weatherization assistance program; and (2) the energy conservation program for schools and hospitals.

To provide that existing facilities located on a certain segment of the St. Joseph River in Branch County, Michigan, are not required to be licensed by the Federal Energy Regulatory Commission under part 1 of the Federal Power Act.

United States · United States Congress · 2 August 1991

Authorizes Union City, Michigan, to operate and maintain a specified dam, including any works incidental to such dam. Declares that no license shall be required under the Federal Power Act with respect to such project works.

Alcohol-Enhanced Gasoline Use Act

United States · United States Congress · 2 August 1991

Alcohol-Enhanced Gasoline Use Act - Amends the Energy Security Act to require the use of alcohol-enhanced gasoline in federally owned or leased vehicles, in any case in which such gasoline is reasonably available and costs not more than any other available gasoline.

Petroleum Producers Burden Sharing Act

United States · United States Congress · 2 August 1991

Petroleum Producers Burden Sharing Act - Amends the Internal Revenue Code to reinstate the windfall profit tax on domestic crude oil. Terminates such tax: (1) after the expiration of the first four calendar quarters beginning after the date of enactment of this section; or (2) after the expiration of the first six such calendar quarters, if the President determines that a continuing energy price crisis exists. Establishes the Energy Support Trust Fund to fund the weatherization program under the Energy Conservation in Existing Buildings Act of 1976 and other programs for the conservation of energy. Transfers to such Fund the taxes received from the windfall profit tax on domestic crude oil.

Comprehensive Occupational Safety and Health Reform Act

United States · United States Congress · 1 August 1991

Comprehensive Occupational Safety and Health Reform Act - Amends the Occupational Safety and Health Act of 1970 (OSHA) with respect to occupational safety and health programs, committees, employee representatives, coverage, standards, enforcement, antidiscrimination, training and education, hazard and illness evaluation, State plans, and victims' rights. Title I: Safety and Health Programs - Amends OSHA to establish requirements for each employer to set up and carry out a written occupational safety and health program that includes methods and procedures for: (1) identifying, evaluating, and documenting hazards; (2) correcting them; (3) investigating work-related illnesses, injuries, and deaths; (4) providing occupational safety and health services, including emergency response and first aid procedures; (5) employee participation in implementing such program, including, where applicable, a safety and health committee; (6) responding to such committee's recommendations; (7) providing safety and health training and education to employees and committee members; (8) designating an employer representative qualified to and responsible for identifying hazards and initiating corrective action; and (9) at a worksite where employees of two or more employers work, protecting employees from hazards under the other employers' control. Authorizes the Secretary of Labor (the Secretary) to modify the application of such requirements to classes of employers where, in light of the risks faced by the employer's employees, such a modification would not reduce their safety and health protection. Directs the Secretary to issue final regulations on the required employer occupational safety and health programs, covering employee training and education as well, including annual refresher courses. Title II: Safety and Health Committees and Employee Safety and Health Representatives - Amends OSHA to require each employer of 11 or more employees to provide for: (1) safety and health committees; and (2) employee safety and health representatives. Requires, in general, such employers to establish such a committee at each worksite, but authorizes the Secretary to modify application of this requirement to: (1) an employer whose employees do not primarily report to or work at a fixed location; (2) covered employers at worksites where less than 11 of their employees are employed; and (3) worksites where employees of more than one employer are employed. Requires committee membership to consist of elected or appointed employee representatives and up to an equal number of employer representatives. Requires the committee to be cochaired by an employer representative and an employee representative. Grants each committee the reasonable right to: (1) review occupational safety and health related employer programs, incidents of death, injury, or illness, complaints of hazards, the employer's work injury and illness records (other than personally identifiable medical information), and other related reports and documents; (2) conduct worksite inspections (and related employee interviews) at least once every three months and in response to complaints; (3) conduct meetings at least once every three months; (4) observe the measurement of employee exposure to toxic materials and harmful physical agents; (5) establish procedures for exercising committee rights; (6) make advisory recommendations for improvements and corrections; and (7) accompany the Secretary's representative during certain physical inspections of the worksite. Requires the employer to permit committee members to take such time from work as is reasonably necessary to exercise committee rights, without any loss of pay or benefits for such time. Directs the Secretary to issue final regulations for the establishment and functioning of such committees. Sets forth procedures for selection of employee representatives by and from nonmanagerial employees. Directs the Secretary to issue regulations on safety and health representatives, including specified numbers and selection procedures. Title III: Coverage - Revises the OSHA definition of employer to include the Federal Government (except certain congressional employees) and State and local governments, thus extending OSHA coverage to public employees. (Includes under such OSHA coverage the executive and judicial branches and the following agencies of the legislative branch: the Botanic Garden, the General Accounting Office, the Government Printing Office, the Library of Congress, the Office of Technology Assessment, the Congressional Budget Office, and the Copyright Royalty Tribunal.) Authorizes the Secretary to cede OSHA jurisdiction to a Federal agency with respect to specified standards or regulations affecting occupational safety and health of some or all employees within that agency's regulatory jurisdiction, if the agency has promulgated and is enforcing standards and regulations so that its employees are being protected at least as effectively as they would be by the Secretary. Declares that nothing in OSHA shall apply to working conditions covered by the Federal Mine Safety and Health Act of 1977. Applies OSHA to employment performed in the Federal nuclear facilities under the control or jurisdiction of the Department of Energy. Extends an employer's duties under OSHA to all employees working at the place of employment (even if they are not the employer's employees). Title IV: Occupational Safety and Health Standards - Revises provisions for OSHA standards. Requires specified timeframes for setting such standards after the Secretary has received: (1) a recommendation of an advisory committee, the Secretary of Health and Human Services (HHS), or the Administrator of the Environmental Protection Agency; or (2) a petition from an interested person setting forth with reasonable particularity the facts claimed to establish that a standard should be promulgated, modified, or revoked. Directs the Secretary, within 90 days after such receipt, to publish a response stating whether the Secretary intends to publish a proposed rule with respect to such standard, or if not, the reasons for the decision not to publish such a rule. Directs the Secretary, if such rule is intended to be published, to do so within 12 months after the receipt of the recommendation or petition. Directs the Secretary to: (1) afford interested persons a period of at least 30 days to submit written data or comments after publication of a proposed rule promulgating, modifying, or revoking an OSHA standard; and (2) issue a final rule within 180 days after the public comment period (or within 180 days after a required public hearing on objections to such rule). Allows any adversely affected person to petition for judicial review, in the U.S. court of appeals for the appropriate circuit, of the Secretary's refusal or failure to issue such rules or standards. Requires that such petition be filed within 60 days after publication of such determination. Requires set-aside of the Secretary's determination if it is found to be arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law. Allows a petition to appeal the Secretary's failure to publish a proposed rule within the required 12-month time frame to be filed at any time after such time period has elapsed. Directs the reviewing court to compel the Secretary to take any such action that is found to have been unlawfully withheld or unreasonably delayed. Provides that the withholding or delaying of action shall not be justified by the Secretary's desire to consult with, or receive approval from any other Federal agency or executive official, except where required by applicable law and pursued in timely fashion. Revises the definition of "occupational safety and health standard" to mean a standard which addresses a significant risk to the safety or health of employees by requiring conditions, or the adoption or use of one or more practices, means, methods, operations, or processes that most adequately assure, to the extent feasible, safe and healthful employment and places of employment. Requires each OSHA standard also to prescribe requirements for recording or reporting a work-related illness determined as a result of a medical examination or test conducted under the standard. Directs the Secretary to place in the public record all written comments and communications and a summary of all verbal communications with parties outside the Department of Labor (DOL) (including communications with executive branch officials) regarding promulgation, modification, or revocation of an OSHA standard. Directs the Secretary, in cooperation with the Secretary of HHS and in addition to other OSHA standards, to modify and establish exposure limits for toxic materials and harmful physical agents on a regular basis in a specified manner. Directs the Secretary of HHS, acting through the National Institute for Occupational Safety and Health (NIOSH), to: (1) regularly evaluate available scientific evidence, data, and information to determine if such exposure limits should be modified or established to protect exposed employees from material impairment of health or functional capacity; and (2) at least every three years, on the basis of such evaluation, develop and transmit to the Secretary recommendations identifying materials and agents for which exposure limits should be modified or established to protect employees from such impairment. Directs the Secretary: (1) within 30 days of receipt of such recommendations, to publish them and provide a 30-day public comment period; (2) within six months of their receipt, evaluate them and the public comments and publish a proposed rule for the exposure limits of each material and agent for which the Secretary of HHS has made a recommendation (explaining why any proposed limit is not the same as a recommended limit); (3) within one year of publication of the proposed limits, issue a final standard (explaining why any final limit is not the same as the recommended limit); and (4) establish or modify such limits whenever warranted, in addition to a periodic review. Directs the Secretary, within two years after the effective date of this Act, to promulgate final standards on exposure monitoring and medical surveillance programs, including specified requirements. Directs the Secretary to issue a final standard on ergonomic hazards to protect employees from work-related musculoskeletal disorders, including specified requirements. Sets forth timetables for the Secretary to issue various OSHA final standards. Title V: Enforcement - Revises OSHA enforcement provisions. Provides that time spent by an employee in accompanying the Secretary's representative on an OSHA inspection shall be deemed to be hours worked, with no loss of pay, benefits, or seniority. Requires the Secretary to notify employees or their representative within 30 days after receipt of their request for inspection that there are no reasonable grounds to believe a violation or danger exists. Directs the Secretary also to make a special inspection after determining that there are reasonable grounds to believe that an imminent danger or serious violation exists in a place of employment, upon notification from any other source (as well as upon notification by an employee or employee representative as in current law). Directs the Secretary to establish and carry out a special emphasis inspection program for conducting inspections of industries or operations where existing hazards or newly recognized or new hazards introduced into work sites warrant more intensive inspections. Requires annual designation of the industries and operations for such program and the number of inspections planned and enforcement personnel required. Requires that special emphasis inspections be in addition to other programmed and complaint inspections conducted under OSHA before the effective date of this Act. Requires a report on such program in the Secretary's annual OSHA report to the Congress. Requires the Secretary to investigate any work-related death or serious incident (i.e. one resulting in hospitalization of two or more employees). Requires the employer to: (1) notify the Secretary of any death or serious incident occurring in a place of employment covered by OSHA; and (2) prevent the destruction or alteration of evidence that would assist in investigating such death or incident. Requires OSHA citations to state if the Secretary or the Secretary's representative believes that an alleged violation is serious and presents such a substantial risk to the safety or health of employees that initiation of review proceedings should not suspend the running of the period for correction of the violation. Revises the correction period to make it begin to run from the date of receipt of the citation, with specified exceptions. Requires employers to verify the abatement of a serious, willful, or repeated violation in writing to the Secretary within 30 days after the correction period has expired. Requires employers, within ten days after verification of abatement, to prominently post notice of such abatement at or near each place the violation occurred and to make a copy of the verification available to employers and employee representatives. Directs the Secretary to issue regulations implementing such abatement verification and notice requirements. Grants employees the right to contest: (1) citations' designations of the character of the violation or of the OSHA provision, standard, rule, regulation, or order violated (in addition to contesting the abatement period, as in current law); and (2) proposed penalties as inadequate. Grants employee representatives the right to participate in other proceedings (as well as hearings) conducted under specified OSHA enforcement procedures. Requires, if the Secretary intends to withdraw or modify a citation as a result of any agreement with the employer, the Occupational Safety and Health Review Commission (Commission) rules of procedure to provide for prompt notice to affected employees or their representatives. Grants employees or their representative, regardless of whether they have previously elected to participate in the proceedings, the right to file a notice alleging that the proposed agreement fails to effectuate the purposes of OSHA within 15 days after receipt of notice of the agreement. Directs the Secretary to consider the matter and, upon determination to proceed with the agreement, respond with particularity to the objections. Grants employees or their representative, within 15 days after the Secretary's response, the right to a hearing upon request to the Commission. Provides that if the Commission determines the proposed agreement fails to effectuate the purposes of OSHA, the proposed agreement shall not be entered as a Commission order and the citation shall not be withdrawn or modified in accordance with the proposed agreement. Revises OSHA provisions for restraining imminent dangers. Directs the Secretary to inform the employer and the affected employees and request that a condition or practice that poses an imminent danger be corrected immediately or that employees be immediately removed from exposure to such danger. Requires such actions if the Secretary determines, on the basis of an inspection or investigation, that a condition or practice in the place of employment is such that an imminent danger to safety or health exists which could reasonably be expected to cause death, serious physical harm, or permanent impairment of health or functional capacity of employees if not corrected immediately. Directs the Secretary to determine whether to post a notice in the workplace if the employer refuses to comply with the Secretary's request. Requires that such notice identify the source of the imminent danger. Grants employees the right to refuse to perform a duty that has been identified as the source of an imminent danger by such a notice, and prohibits discrimination against them for such refusal. Subjects an employer to a civil penalty of from $10,000 to $50,000 for each day during which an employee continues to be exposed if the employer does not immediately correct the hazard referred to in the posted notice or remove all employees from exposure to it, unless the Commission determines that the condition or practice is not covered by such imminent danger provisions. Revises OSHA criminal penalties to increase the maximum amount of fines and the length of prison terms for specified violations, including those for a willful violation causing death, an improper advance notice of an inspection, or a false statement. Establishes criminal penalties for a willful violation that causes serious bodily injury. Prohibits a penalty or fine which is imposed on a director, officer, or agent of an employer from being paid out of the employer's assets on behalf of that individual. Provides that nothing in OSHA shall preclude State and local law enforcement agencies from conducting criminal prosecutions in accordance with State or local laws. Title VI: Protection of Employees from Discrimination - Revises OSHA antidiscrimination provisions to extend coverage to an employee's: (1) reporting any injury, illness, or unsafe condition to the employer, employer's agent, safety and health committee, or employee safety and health representative; and (2) refusing to perform duties when reasonably apprehensive that doing so would result in serious injury to himself/herself or other employees, after having sought and been unable to obtain from the employer corrections of the circumstances causing such refusal. Revises procedures for consideration of complaints of discrimination. Increases the period for filing such complaints from 30 to 180 days after the alleged discrimination. Requires the Secretary, within 60 days after receipt of the complaint, to investigate and notify the complainant and the alleged violator of the findings. Requires such findings to be accompanied by a preliminary order providing relief, if the Secretary has concluded that there is reasonable cause to believe a violation has occurred. Allows the alleged violator or the complainant to file, within 30 days, objections to the findings and/or the preliminary order, and to request a hearing on the record. Provides that such filing of objections shall not operate to stay any reinstatement remedy in the preliminary order. Requires such hearings to be conducted expeditiously. Deems the preliminary order a final order not subject to judicial review if a hearing is not timely requested. Directs the Secretary to issue a final order within 120 days after the conclusion of such hearing. Allows such proceedings to be terminated at any time in the interim on the basis of a settlement agreement by the Secretary, the complainant, and the alleged violator. Requires the Secretary, upon determination that a violation of antidiscrimination provisions has occurred, to order: (1) correction of the violation; (2) reinstatement to the former position with all compensation (including back pay), terms, conditions, and privileges of such employment; and (3) compensatory damages. Authorizes the Secretary, upon request of the complainant, to assess against the person against whom such order is issued all costs and expenses (including attorney's fees) incurred by the complainant in connection with bringing the complaint. Allows adversely affected or aggrieved persons to petition within 60 days to obtain review of such orders in the U.S. Court of Appeals for the appropriate circuit. Directs the Secretary to file a civil action in the appropriate U.S. district court to enforce such orders against persons who fail to comply. Authorizes such court to grant appropriate relief. Provides that the legal burdens of proof that prevail under the Whistleblower Protection Act of 1989 shall govern adjudication of protected activities under OSHA antidiscrimination provisions. Title VII: OSHA and NIOSH Training and Education - Revises OSHA provisions for training and education. Includes education programs for employees and members of safety and health committees, as appropriate, among those programs which the Secretary of HHS is to conduct through NIOSH. Requires the Secretary (of Labor) to develop training materials, model curricula, and programs to assist employers in: (1) providing the training and education required under the new provisions for employer occupational safety and health programs; and (2) complying with OSHA standards. Title VIII: Recordkeeping and Reporting - Revises OSHA provisions relating to statistics to require the Secretary to collect information and conduct analyses that identify: (1) industries, employers, processes, operations, and occupations that have a high rate of injury or illness; (2) factors that cause or contribute to injuries and illnesses; and (3) workers' compensation costs associated with the injuries and illnesses. Requires such data to be publicly available in a form suitable for further statistical analysis, and to be used in setting safety and health standards, targeting inspections of individual establishments, and evaluating standard setting and enforcement programs. Directs the Secretary to require each employer covered by OSHA to report: (1) each work-related death of an employee immediately upon knowledge; and (2) each serious incident resulting in hospitalization of two or more employees within 24 hours of the incident. Revises OSHA requirements for employer records and reports to include (in addition to work-related deaths, injuries, and illnesses) suspected work-related illnesses, including a work-related illness reported by an employee or an employee's physician, unless the employer makes a reasonable determination that the illness is not work-related. Provides that all such employer records and reports shall be made available to the Secretary, the Secretary of HHS, employees, and employee representatives. Title IX: NIOSH - Revises OSHA provisions relating to duties of the Secretary of HHS acting through NIOSH. Includes under hazard evaluation reports an evaluation of whether any hazardous condition or harmful physical agent found in the place of employment poses a risk to exposed employees. Directs the Secretary of HHS, if a final determination of hazard is not made within six months of a request, to provide to the employer and employees an interim report on the known or suspected hazards, a recommendation for control, and an estimate of the time in which a final determination will be made. Directs the Secretary of HHS to identify major factors contributing to occupational injuries and deaths through accident investigations and epidemiological research. Directs the Secretary of HHS to carry out a program to identify and notify employees at increased risk of occupational illnesses, injuries, and deaths, including public information and education programs, and recommendations for appropriate medical surveillance. Requires notification, if they are found to be at increased risk, of subjects of studies funded or conducted by the Secretary of HHS under such program. Specifies that the authority of the Secretary of HHS, and of NIOSH, to inspect records extends to the Secretary's designees and contractors. Directs the Secretary of HHS, through NIOSH (and in cooperation with other HHS agencies and the Secretary of Labor), to establish a national surveillance program to identify cases of occupational illnesses, deaths, and serious injuries. Requires coordination with State health agencies and Federal and State workers' compensation agencies under such program. Directs the Secretary of HHS to collect data each year on the number and characteristics of all occupational deaths and selected occupational illnesses and injuries. Requires, in making such selections, consideration of known frequency and severity of the disorder and of the size of the population at risk. Directs the Secretary of HHS to report on and analyze the occupational deaths, illnesses, and injuries collected under such program, and transmit such information to the Secretary of Labor, State health agencies, employers, employees, and other interested parties. Authorizes the Secretary of HHS to require an employer, through a physician or health professional employed by or under contract to the employer, to report information on occupational deaths, illnesses, and injuries. Establishes NIOSH as a separate agency within the U.S. Public Health Service in the Department of HHS. Title X: State Plans - Revises OSHA requirements for State plans to provide for: (1) development of safety and health programs and safety and health committees and training programs that are at least as effective as those under the new OSHA requirements; and (2) reporting requirements, protection of employee rights, and access to information that are at least as effective as those under OSHA or other Federal laws governing access to information related to OSHA. Requires the State to enforce the Federal standard until a State standard at least as effective is in effect, if a State fails to adopt or promulgate such a standard within six months after the Federal standard is promulgated. Requires the Secretary (of Labor) to: (1) promptly investigate complaints against a State plan if there are reasonable grounds to believe a deficiency exists; (2) investigate complaints alleging a deficiency in a State enforcement action within 30 days of receipt; and (3) within 30 days of completion of the investigation, transmit findings and recommendations for correction to the State and complainant (or notify the complainant if there are no reasonable grounds to believe a deficiency exists). Requires a State to respond as to what action it has taken on the Secretary's findings and recommendations within 30 days of their receipt. Directs the Secretary to issue a citation with reasonable promptness if, after receipt of the State's response, the Secretary believes a serious violation of OSHA exists for which the State has failed to issue a citation. Requires the Secretary, upon determination that there are reasonable grounds to conclude there is a failure to comply substantially with any provision or assurance of the State plan, to: (1) notify the State and allow six months for correction of deficiencies; (2) institute proceedings for withdrawal of approval of the State plan, if the State has not corrected the deficiencies within six months (unless there are exceptional circumstances); and (3) during the pendency of such proceedings, exercise concurrent jurisdiction with the State over the safety and health issues that are subject to the State plan. Requires States operating State safety and health plans to modify them to conform to this Act. Title XI: Victim's Rights - Sets forth provisions for victims' rights under OSHA. Defines a victim as: (1) an employee who has sustained a work-related injury or illness which is the subject of an OSHA inspection or investigation; or (2) the family member of an employee who either is killed or cannot reasonably exercise victim's rights as a result of such an injury or illness. Grants victims the right, on request, to: (1) meet with the Secretary or a representative respecting the inspection or investigation before the Secretary's decision to issue a citation or to take no action; (2) receive a free copy of any citation or report issued as a result of the inspection or investigation; (3) be informed of any notice of contest filed; (4) be provided an explanation of the rights of employees and employee representatives to participate in OSHA enforcement proceedings; and (5) be provided an opportunity to appear and make a statement before the parties conducting any settlement negotiations before the Secretary agrees to withdraw or modify the citation. Provides that a victim shall have the same rights as an employee under OSHA enforcement procedures. Entitles a victim, if such victims' rights are violated, to declaratory relief, injunctive relief, recovery of costs of securing specified documents, and reasonable attorney's fees and costs. Directs the Secretary to take reasonable actions to inform victims of these rights. Title XII: Effective Date - Sets forth the effective date of this Act.

Water Conservation Act of 1991

United States · United States Congress · 1 August 1991

Water Conservation Act of 1991 - Amends the National Energy Conservation Policy Act to mandate that Federal agencies install in Federal buildings: (1) all water conservation measures with payback periods of less than ten years; and (2) the most water efficient appliances commercially available when installing new or replacing existing appliances. Excludes a building from compliance if the responsible agency head finds that compliance would be impracticable, according to General Services Administration standards.

To authorize the Secretary of the Interior in cooperation with the Secretary of Energy to make available Pick-Sloan Missouri River Basin Program project pumping power to non-Federal irrigation projects in the State of Montana, and for other purposes.

United States · United States Congress · 1 August 1991

Requires the Secretary of the Interior to make available Pick-Sloan Missouri River Basin Program project pumping power at the firm power rate to the Haidle and Hammond irrigation projects in Prairie and Rosebud Counties respectively, in Montana.

Replacement and Alternative Fuels Act of 1991

United States · United States Congress · 1 August 1991

Replacement and Alternative Fuels Act of 1991 - Requires the Secretary of Energy (the Secretary) 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, if such requirements appear feasible based on a required updated review. Requires the Secretary to promulgate regulations for the exchange of marketable credits among: (1) refiners; (2) persons who first sell alternative motor fuels into interstate commerce for transportation purposes; and (3) manufacturers of electricity-powered vehicles. (Provides for a three-year exemption from, and further adjustments of, such minimum percentage requirements in the case of domestic refineries of crude oil with a daily capacity below a specified level.) Requires the Secretary to report to the Congress upon completion of a specified review. 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 person who first sells alternative fuels to report annually to the Secretary the amount of alternative fuel sold into interstate 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 interstate 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 fuels. Establishes civil penalties for violations of this Act. Authorizes appropriations. Requires the Secretary to issue regulations requiring certain motor fuel retailers to have alternative motor fuels available for sale.

To amend the Mineral Leasing Act to provide for leases of certain lands for oil and gas purposes.

United States · United States Congress · 1 August 1991

Amends the Mineral Leasing Act to declare that certain public domain lands in Garfield County, Colorado, are available for oil and gas leasing (at the discretion of the Secretary of the Interior).

Comprehensive Occupational Safety and Health Reform Act

United States · United States Congress · 1 August 1991

Comprehensive Occupational Safety and Health Reform Act - Amends the Occupational Safety and Health Act of 1970 (OSHA) with respect to occupational safety and health programs, committees, employee representatives, coverage, standards, enforcement, antidiscrimination, training and education, hazard and illness evaluation, State plans, and victims' rights. Title I: Safety and Health Programs - Amends OSHA to establish requirements for each employer to set up and carry out a written occupational safety and health program that includes methods and procedures for: (1) identifying, evaluating, and documenting hazards; (2) correcting them; (3) investigating work-related illnesses, injuries, and deaths; (4) providing occupational safety and health services, including emergency response and first aid procedures; (5) employee participation in implementing such program, including, where applicable, a safety and health committee; (6) responding to such committee's recommendations; (7) providing safety and health training and education to employees and committee members; (8) designating an employer representative qualified to and responsible for identifying hazards and initiating corrective action; and (9) at a worksite where employees of two or more employers work, protecting employees from hazards under the other employers' control. Authorizes the Secretary of Labor (the Secretary) to modify the application of such requirements to classes of employers where, in light of the risks faced by the employer's employees, such a modification would not reduce their safety and health protection. Directs the Secretary to issue final regulations on the required employer occupational safety and health programs, covering employee training and education as well, including annual refresher courses. Title II: Safety and Health Committees and Employee Safety and Health Representatives - Amends OSHA to require each employer of 11 or more employees to provide for: (1) safety and health committees; and (2) employee safety and health representatives. Requires, in general, such employers to establish such a committee at each worksite, but authorizes the Secretary to modify application of this requirement to: (1) an employer whose employees do not primarily report to or work at a fixed location; (2) covered employers at worksites where less than 11 of their employees are employed; and (3) worksites where employees of more than one employer are employed. Requires committee membership to consist of elected or appointed employee representatives and up to an equal number of employer representatives. Requires the committee to be cochaired by an employer representative and an employee representative. Grants each committee the reasonable right to: (1) review occupational safety and health related employer programs, incidents of death, injury, or illness, complaints of hazards, the employer's work injury and illness records (other than personally identifiable medical information), and other related reports and documents; (2) conduct worksite inspections (and related employee interviews) at least once every three months and in response to complaints; (3) conduct meetings at least once every three months; (4) observe the measurement of employee exposure to toxic materials and harmful physical agents; (5) establish procedures for exercising committee rights; (6) make advisory recommendations for improvements and corrections; and (7) accompany the Secretary's representative during certain physical inspections of the worksite. Requires the employer to permit committee members to take such time from work as is reasonably necessary to exercise committee rights, without any loss of pay or benefits for such time. Directs the Secretary to issue final regulations for the establishment and functioning of such committees. Sets forth procedures for selection of employee representatives by and from nonmanagerial employees. Directs the Secretary to issue regulations on safety and health representatives, including specified numbers and selection procedures. Title III: Coverage - Revises the OSHA definition of employer to include the Federal Government (except certain congressional employees) and State and local governments, thus extending OSHA coverage to public employees. (Includes under such OSHA coverage the executive and judicial branches and the following agencies of the legislative branch: the Botanic Garden, the General Accounting Office, the Government Printing Office, the Library of Congress, the Office of Technology Assessment, the Congressional Budget Office, and the Copyright Royalty Tribunal.) Authorizes the Secretary to cede OSHA jurisdiction to a Federal agency with respect to specified standards or regulations affecting occupational safety and health of some or all employees within that agency's regulatory jurisdiction, if the agency has promulgated and is enforcing standards and regulations so that its employees are being protected at least as effectively as they would be by the Secretary. Declares that nothing in OSHA shall apply to working conditions covered by the Federal Mine Safety and Health Act of 1977. Applies OSHA to employment performed in the Federal nuclear facilities under the control or jurisdiction of the Department of Energy. Extends an employer's duties under OSHA to all employees working at the place of employment (even if they are not the employer's employees). Title IV: Occupational Safety and Health Standards - Revises provisions for OSHA standards. Requires specified timeframes for setting such standards after the Secretary has received: (1) a recommendation of an advisory committee, the Secretary of Health and Human Services (HHS), or the Administrator of the Environmental Protection Agency; or (2) a petition from an interested person setting forth with reasonable particularity the facts claimed to establish that a standard should be promulgated, modified, or revoked. Directs the Secretary, within 90 days after such receipt, to publish a response stating whether the Secretary intends to publish a proposed rule with respect to such standard, or if not, the reasons for the decision not to publish such a rule. Directs the Secretary, if such rule is intended to be published, to do so within 12 months after the receipt of the recommendation or petition. Directs the Secretary to: (1) afford interested persons a period of at least 30 days to submit written data or comments after publication of a proposed rule promulgating, modifying, or revoking an OSHA standard; and (2) issue a final rule within 180 days after the public comment period (or within 180 days after a required public hearing on objections to such rule). Allows any adversely affected person to petition for judicial review, in the U.S. court of appeals for the appropriate circuit, of the Secretary's refusal or failure to issue such rules or standards. Requires that such a petition to appeal the Secretary's determination not to propose a rule with respect to a standard be filed within 60 days after publication of such determination. Requires set-aside of the Secretary's determination if it is found to be arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law. Allows a petition to appeal the Secretary's failure to publish a proposed rule within the required 12-month time frame to be filed at any time after such time period has elapsed. Directs the reviewing court to compel the Secretary to take any such action that is found to have been unlawfully withheld or unreasonably delayed. Provides that the withholding or delaying of action shall not be justified by the Secretary's desire to consult with, or receive approval from any other Federal agency or executive official, except where this is required by applicable law and pursued in timely fashion. Revises the definition of "occupational safety and health standard" to mean a standard which addresses a significant risk to the safety or health of employees by requiring conditions, or the adoption or use of one or more practices, means, methods, operations, or processes that most adequately assure, to the extent feasible, safe and healthful employment and places of employment. Requires each OSHA standard also to prescribe requirements for recording or reporting a work-related illness determined as a result of a medical examination or test conducted under the standard. Directs the Secretary to place in the public record all written comments and communications and a summary of all verbal communications with parties outside the Department of Labor (DOL) (including communications with executive branch officials) regarding promulgation, modification, or revocation of an OSHA standard. Directs the Secretary, in cooperation with the Secretary of HHS and in addition to other OSHA standards, to modify and establish exposure limits for toxic materials and harmful physical agents on a regular basis in a specified manner. Directs the Secretary of HHS, acting through the National Institute for Occupational Safety and Health (NIOSH), to: (1) regularly evaluate available scientific evidence, data, and information to determine if such exposure limits should be modified or be established to protect exposed employees from material impairment of health or functional capacity; and (2) at least every three years, on the basis of such evaluation, develop and transmit to the Secretary recommendations identifying materials and agents for which exposure limits should be modified or established to protect employees from such impairment. Directs the Secretary: (1) within 30 days of receipt of such recommendations, to publish them and provide a 30-day public comment period; (2) within six months of their receipt evaluate them and the public comments and publish a proposed rule for the exposure limits of each material and agent for which the Secretary of HHS has made a recommendation (explaining why any proposed limit is not the same as a recommended limit); (3) within one year of publication of the proposed limits, issue a final standard (explaining why any final limit is not the same as the recommended limit); and (4) establish or modify such limits whenever warranted, in addition to a periodic review. Directs the Secretary, within two years after the effective date of this Act, to promulgate final standards on exposure monitoring and medical surveillance programs, including specified requirements. Directs the Secretary to issue a final standard on ergonomic hazards to protect employees from work-related musculoskeletal disorders, including specified requirements. Sets forth timetables for the Secretary to issue various OSHA final standards. Title V: Enforcement - Revises OSHA enforcement provisions. Provides that time spent by an employee in accompanying the Secretary's representative on an OSHA inspection shall be deemed to be hours worked, with no loss of pay, benefits, or seniority. Requires the Secretary to notify employees or their representative within 30 days after receipt of their request for inspection that there are no reasonable grounds to believe a violation or danger exists. Directs the Secretary also to make a special inspection after determining that there are reasonable grounds to believe that an imminent danger or serious violation exists in a place of employment, upon notification from any other source (as well as upon notification by an employee or employee representative as in current law). Directs the Secretary to establish and carry out a special emphasis inspection program for conducting inspections of industries or operations where existing hazards or newly recognized or new hazards introduced into work sites warrant more intensive than normal inspections. Requires annual designation of the industries and operations for such program and the number of inspections planned and number of enforcement personnel required. Requires that special emphasis inspections be in addition to other programmed and complaint inspections conducted under OSHA before the effective date of this Act. Requires a report on such program in the Secretary's annual OSHA report to the Congress. Requires the Secretary to investigate any work-related death or serious incident (i.e. one resulting in hospitalization of two or more employees). Requires the employer to: (1) notify the Secretary of any death or serious incident occurring in a place of employment covered by OSHA; and (2) prevent the destruction or alteration of evidence that would assist in investigating such death or incident. Requires OSHA citations to state if the Secretary or the Secretary's representative believes that an alleged violation is serious and presents such a substantial risk to the safety or health of employees that initiation of review proceedings should not suspend the running of the period for correction of the violation. Revises the correction period to make it begin to run from the date of receipt of the citation, with specified exceptions. Requires employers to verify the abatement of a serious, willful, or repeated violation in writing to the Secretary within 30 days after the correction period has expired. Requires employers, within ten days after verification of abatement, to prominently post notice of such abatement at or near each place the violation occurred and to make a copy of the verification available to employers and employee representatives. Directs the Secretary to issue regulations implementing such abatement verification and notice requirements. Grants employees the right to contest: (1) citations' designations of the character of the violation or of the OSHA provision, standard, rule, regulation, or order violated (in addition to contesting the abatement period, as in current law); and (2) proposed penalties as inadequate. Grants employee representatives the right to participate in other proceedings (as well as hearings) conducted under specified OSHA enforcement procedures. Requires, if the Secretary intends to withdraw or modify a citation as a result of any agreement with the employer, the Commission's rules of procedure to provide for prompt notice to affected employees or their representatives. Grants employees or their representative, regardless of whether they have previously elected to participate in the proceedings, the right to file a notice alleging that the proposed agreement fails to effectuate the purposes of OSHA within 15 days after receipt of notice of the agreement. Directs the Secretary to consider the matter and, upon determination to proceed with the agreement, respond with particularity to the objections. Grants employees or their representative, within 15 days after the Secretary's response, the right to a hearing upon request to the Commission. Provides that if the Commission determines the proposed agreement fails to effectuate the purposes of OSHA, the proposed agreement shall not be entered as a Commission order and the citation shall not be withdrawn or modified in accordance with the proposed agreement. Revises OSHA provisions for restraining imminent dangers. Directs the Secretary to inform the employer and the affected employees and request that a condition or practice that poses an imminent danger be corrected immediately or that employees be immediately removed from exposure to such danger. Requires such actions if the Secretary determines, on the basis of an inspection or investigation, that a condition or practice in the place of employment is such that an imminent danger to safety or health exists which could reasonably be expected to cause death, serious physical harm, or permanent impairment of health or functional capacity of employees if not corrected immediately. Directs the Secretary to determine whether to post a notice in the workplace if the employer refuses to comply with the Secretary's request. Requires that such notice identify the source of the imminent danger. Grants employees the right to refuse to perform a duty that has been identified as the source of an imminent danger by such a notice, and prohibits discrimination against them for such refusal. Subjects an employer to a civil penalty of from $10,000 to $50,000 for each day during which an employee continues to be exposed if the employer does not immediately correct the hazard referred to in the posted notice or remove all employees from exposure to it, unless the Commission determines that the condition or practice is not covered by such imminent danger provisions. Revises OSHA criminal penalties to increase the maximum amount of fines and the length of prison terms for specified violations, including those for a willful violation causing death, an improper advance notice of an inspection, or a false statement. Establishes criminal penalties for a willful violation that causes serious bodily injury. Prohibits a penalty or fine which is imposed on a director, officer, or agent of an employer from being paid out of the employer's assets on behalf of that individual. Provides that nothing in OSHA shall preclude State and local law enforcement agencies from conducting criminal prosecutions in accordance with State or local laws. Title VI: Protection of Employees from Discrimination - Revises OSHA antidiscrimination provisions to extend coverage to an employee's: (1) reporting any injury, illness, or unsafe condition to the employer, employer's agent, safety and health committee, or employee safety and health representative; and (2) refusing to perform duties when reasonably apprehensive that doing so would result in serious injury to himself/herself or other employees, after having sought and been unable to obtain from the employer corrections of the circumstances causing such refusal. Revises procedures for consideration of complaints of discrimination. Increases the period for filing such complaints from 30 to 180 days after the alleged discrimination. Requires the Secretary, within 60 days after receipt of the complaint, to investigate and notify the complainant and the alleged violator of the findings. Requires such findings to be accompanied by a preliminary order providing relief, if the Secretary has concluded that there is reasonable cause to believe a violation has occurred. Allows the alleged violator or the complainant to file, within 30 days, objections to the findings and/or the preliminary order, and to request a hearing on the record. Provides that such filing of objections shall not operate to stay any reinstatement remedy in the preliminary order. Requires such hearings to be conducted expeditiously. Deems the preliminary order a final order not subject to judicial review if a hearing is not timely requested. Directs the Secretary to issue a final order within 120 days after the conclusion of such hearing. Allows such proceedings to be terminated at any time in the interim on the basis of a settlement agreement by the Secretary, the complainant, and the alleged violator. Requires the Secretary, upon determination that a violation of antidiscrimination provisions has occurred, to order: (1) correction of the violation; (2) reinstatement to the former position with all compensation (including back pay), terms, conditions, and privileges of such employment; and (3) compensatory damages. Authorizes the Secretary, upon request of the complainant, to assess against the person against whom such order is issued all costs and expenses (including attorney's fees) incurred by the complainant in connection with bringing the complaint. Allows adversely affected or aggrieved persons to petition within 60 days to obtain review of such orders in the U.S. Court of Appeals for the appropriate circuit. Directs the Secretary to file a civil action in the appropriate U.S. district court to enforce such orders against persons who fail to comply. Authorizes such court to grant appropriate relief. Provides that the legal burdens of proof that prevail under the Whistleblower Protection Act of 1989 shall govern adjudication of protected activities under OSHA antidiscrimination provisions. Title VII: OSHA and NIOSH Training and Education - Revises OSHA provisions for training and education. Includes education programs for employees and members of safety and health committees, as appropriate, among those programs which the Secretary of HHS is to conduct through NIOSH. Requires the Secretary (of Labor) to develop training materials, model curricula, and programs to assist employers in: (1) providing the training and education required under the new provisions for employer occupational safety and health programs; and (2) complying with OSHA standards. Title VIII: Recordkeeping and Reporting - Revises OSHA provisions relating to statistics to require the Secretary to collect information and conduct analyses that identify: (1) industries, employers, processes, operations, and occupations that have a high rate of injury or illness; (2) factors that cause or contribute to injuries and illnesses; and (3) workers' compensation costs associated with the injuries and illnesses. Requires such data to be publicly available in a form suitable for further statistical analysis, and to be used in setting safety and health standards, targeting inspections of individual establishments, and evaluating standard setting and enforcement programs. Directs the Secretary to require each employer covered by OSHA to report: (1) each work-related death of an employee immediately upon knowledge; and (2) each serious incident resulting in hospitalization of two or more employees within 24 hours of the incident. Revises OSHA requirements for employer records and reports to include (in addition to work-related deaths, injuries, and illnesses) suspected work-related illnesses, including a work-related illness reported by an employee or an employee's physician, unless the employer makes a reasonable determination that the illness is not work-related. Provides that all such employer records and reports shall be made available to the Secretary, the Secretary of HHS, employees, and employee representatives. Title IX: NIOSH - Revises OSHA provisions relating to duties of the Secretary of HHS acting through NIOSH. Includes under hazard evaluation reports an evaluation of whether any hazardous condition or harmful physical agent found in the place of employment poses a risk to exposed employees. Directs the Secretary of HHS, if a final determination of hazard is not made within six months of a request, to provide to the employer and employees an interim report on the known or suspected hazards, a recommendation for control, and an estimate of the time in which a final determination will be made. Directs the Secretary of HHS to identify major factors contributing to occupational injuries and deaths through accident investigations and epidemiological research. Directs the Secretary of HHS to carry out a program to identify and notify employees at increased risk of occupational illnesses, injuries, and deaths, including public information and education programs, and recommendations for appropriate medical surveillance. Requires notification, if they are found to be at increased risk, of subjects of studies funded or conducted by the Secretary of HHS under such program. Specifies that the authority of the Secretary of HHS, and of NIOSH, to inspect records extends to the Secretary's designees and contractors. Directs the Secretary of HHS, through NIOSH (and in cooperation with other HHS agencies and the Secretary of Labor), to establish a national surveillance program to identify cases of occupational illnesses, deaths, and serious injuries. Requires coordination with State health agencies and Federal and State workers' compensation agencies under such program. Directs the Secretary of HHS to collect data each year on the number and characteristics of all occupational deaths and selected occupational illnesses and injuries. Requires, in making such selections, consideration of known frequency and severity of the disorder and of the size of the population at risk. Directs the Secretary of HHS to report on and analyze the occupational deaths, illnesses, and injuries collected under such program, and transmit such information to the Secretary of Labor, State health agencies, employers, employees, and other interested parties. Authorizes the Secretary of HHS to require an employer, through a physician or health professional employed by or under contract to the employer, to report information on occupational deaths, illnesses, and injuries. Establishes NIOSH as a separate agency within the U.S. Public Health Service in the Department of HHS. Title X: State Plans - Revises OSHA requirements for State plans to provide for: (1) development of safety and health programs and safety and health committees and training programs that are at least as effective as those under the new OSHA requirements; and (2) reporting requirements, protection of employee rights, and access to information that are at least as effective as those under OSHA or other Federal laws governing access to information related to OSHA. Requires a State to enforce a Federal OSHA standard until a State standard at least as effective is in effect, if a State fails to adopt or promulgate such a standard within six months after the Federal standard is promulgated. Requires the Secretary (of Labor) to: (1) promptly investigate complaints against a State plan if there are reasonable grounds to believe a deficiency exists; (2) investigate complaints alleging a deficiency in a State enforcement action within 30 days of receipt; and (3) within 30 days of completion of the investigation, transmit findings and recommendations for correction to the State and complainant (or notify the complainant if there are no reasonable grounds to believe a deficiency exists). Requires a State to respond as to what action it has taken on the Secretary's findings and recommendations within 30 days of their receipt. Directs the Secretary to issue a citation with reasonable promptness if, after receipt of the State's response, the Secretary believes a serious violation of OSHA exists for which the State has failed to issue a citation. Requires the Secretary, upon determination that there are reasonable grounds to conclude there is a failure to comply substantially with any provision or assurance of the State plan, to: (1) notify the State and allow six months for correction of deficiencies; (2) institute proceedings for withdrawal of approval of the State plan, if the State has not corrected the deficiencies within six months (unless there are exceptional circumstances); and (3) during the pendency of such proceedings, exercise concurrent jurisdiction with the State over the safety and health issues that are subject to the State plan. Requires States which are operating State safety and health plans to modify them to conform to this Act. Title XI: Victim's Rights - Sets forth provisions for victims' rights under OSHA. Defines a victim as: (1) an employee who has sustained a work-related injury or illness which is the subject of an OSHA inspection or investigation; or (2) the family member of an employee who either is killed or cannot reasonably exercise victim's rights as a result of such an injury or illness. Grants victims the right, on request, to: (1) meet with the Secretary or a representative respecting the inspection or investigation before the Secretary's decision to issue a citation or to take no action; (2) receive a free copy of any citation or report issued as a result of the inspection or investigation; (3) be informed of any notice of contest filed; (4) be provided an explanation of the rights of employees and employee representatives to participate in OSHA enforcement proceedings; and (5) be provided an opportunity to appear and make a statement before the parties conducting any settlement negotiations, before the Secretary agrees to withdraw or modify the citation. Provides that a victim shall have the same rights as an employee under OSHA enforcement procedures. Entitles a victim, if such victims' rights are violated, to declaratory relief, injunctive relief, recovery of costs of securing specified documents, and reasonable attorney's fees and costs. Directs the Secretary to take reasonable actions to inform victims of these rights. Title XII: Worker's Compensation Study - Establishes the Federal Worker's Compensation Commission. Directs the Commission to study worker's compensation laws and system with respect to: (1) the recommendations of the National Commission on State Workmen's Compensation Laws; (2) the feasibility of using workers' compensation data to target loss prevention activities on high risk occupations; (3) the laws' adequacy in providing for needs of injured workers, occupational illnesses and diseases, quality control and medical and rehabilitation costs with cost control, and time for recuperation and counseling before return to full-time work; (4) the administrative system's adequacy and the appropriateness of such laws as the exclusive remedy; (5) the relationship between workers' compensation, safety and health programs, and insurance rates and services; (6) the feasibility and appropriateness of transferring the branch of the Department of Labor involved in workers' compensation studies from the Employment Standards Administration to the Occupational Safety and Health Administration; and (7) the feasibility of preempting State workers' compensation laws with a national program. Requires such Commission to report the results of such study to the President and the Congress. Title XIII: Effective Date - Sets forth the effective date of this Act.

Critical Technologies Act of 1991

United States · United States Congress · 1 August 1991

Critical Technologies Act of 1991 - Defines "critical technology" as the act of a domestic industry in producing without which machine tools necessary to support the national defense could not be produced. Recognizes that certain technologies are critical to the security and defense of the United States, and declares as the continuing policy of the Federal Government to use all reasonable and practical means to: (1) evaluate and reexamine governmental policies, decisions, and actions that inhibit the viability of domestic industries which use a critical technology; and (2) work to preserve and encourage such domestic industries. Requires each Federal agency to: (1) develop and implement methods that will ensure appropriate consideration of the potential effect of proposed actions, decisions, and activities of such agency on domestic industries using a critical technology; (2) include in every recommendation or report on a proposal for legislation or other Federal action affecting domestic industries using a critical technology a detailed statement specifying favorable and adverse effects on such industries resulting from such proposal and reasonable alternatives; and (3) assist the Critical Technology Commission (established under this Act). Outlines provisions concerning the preparation and availability of such detailed statement. Amends the National Security Act of 1947 to require the President to submit annually to the Congress a National Critical Technologies Report that includes specified summaries of the general economic conditions of domestic industries in the United States using a critical technology, future trends, and policy reviews. Establishes the Critical Technology Commission (Commission) as a joint commission among the Departments of Commerce, Defense, Labor, and Energy, with the Secretary of each such Department serving on the Commission. Outlines Commission duties, including: (1) the preparation of annual reports on domestic industries using a critical technology; (2) the gathering of information concerning current and future trends affecting such industries; (3) the review of Federal policies, programs, and activities with respect to such industries, as well as the development of new policies; and (4) the conducting of investigations and other activities relating to the health of such domestic industries and potential future Federal policies with regard to such industries. Outlines Commission powers. Provides that, upon application by a domestic producer that is part of a critical industry, or after initiation by the Secretaries of Commerce or Defense, the Commission shall immediately initiate an investigation to determine the effect on national security interests of: (1) imports of the article which is the subject of such application or motion; and (2) the presence within the United States of producers of such article, other than domestic producers. Outlines procedures for conducting such investigations. Requires the Commission, within 120 days after beginning such investigation, to report to the industry oversight committee (established under this Act) and to the President on its findings and to recommend a written plan of action. Authorizes the industry oversight committee to veto the implementation of such plan within 15 days of its receipt. Requires the President, if no veto is forthcoming, to implement the plan of action if the Commission finds that such article has impaired or threatens to impair the national security interests of the United States. Requires the President to notify the Congress of such implementation. Requires the President to take certain action when there has been a negotiation of an agreement which limits or restricts importation into the United States of an article which threatens national security, and such agreement is not carried out or is ineffective in eliminating the threat. Requires the Commission, in performing its functions, to consult with qualified persons representing each domestic industry using a critical technology through the creation of an independent industry oversight committee comprised of industry representatives. Requires such committee to meet annually to provide assistance to the Commission in completing its functions. Outlines floor procedures to be followed by the two Houses of Congress when a written plan of the Commission and the implementing bill for such plan is submitted by the President for consideration, including certain time limitations for taking specified action on the bill. Directs the Secretary of Defense, after consultation with the military departments, to submit to the Senate and House Armed Services Committees a report reviewing military operations in Operations Desert Shield and Desert Storm and setting forth: (1) the type and quantity of foreign-produced materials and components used in the major weapons systems of the United States; (2) a summary of such producers; (3) an evaluation of the dependence by the United States on such producers; and (4) a review of those military personnel involved in the maintenance of weapons and communications systems used in such Operations.

John J. Easton, Jr., of Vermont, to be General Counsel of the Department of Energy, vice Stephen A. Wakefield, resigned.

United States · United States Senate · 31 July 1991

Nuclear Proliferation Prevention Act of 1991

United States · United States Congress · 31 July 1991

Nuclear Proliferation Prevention Act of 1991 - Amends the Atomic Energy Act of 1954 to restrict the export of nuclear weapon items to a non-nuclear weapon state, unless: (1) such state maintains International Atomic Energy Agency (IAEA) safeguards on all its peaceful nuclear activities; and (2) the export, retransfer, or activity is under the terms of an agreement for cooperation. Prohibits the Nuclear Regulatory Commission from issuing any license for the export of highly enriched uranium. Directs the President to undertake negotiations with foreign nations which participate in the Nuclear Suppliers Group to establish specified multilateral nuclear non-proliferation controls. Sets forth sanctions for violations of this Act. Amends the Nuclear Non-Proliferation Act of 1978 to require the United States to enter into negotiations with other nations and groups of nations to improve the effectiveness of the safeguards of the IAEA.

To require the Secretary of Energy to disregard certain costs in evaluating bids to perform nuclear hot cell services.

United States · United States Congress · 30 July 1991

Cites conditions under which the Secretary of Energy must disregard costs related to the decommissioning of nuclear facilities, or nuclear waste disposal, when evaluating contract bids to perform nuclear hot cell services.

Nuclear Whistleblowers Protection Act Amendments

United States · United States Congress · 29 July 1991

Nuclear Whistleblowers Protection Act Amendments - Amends the Energy Act of 1974 to provide protection for an employee who testified before Congress, notified his employer, or opposed unlawful practicies which regard to such Act or the Atomic Energy Act of 1954.

Federal Courts Administration Act of 1992

United States · United States Congress · 26 July 1991

Federal Courts Study Committee Implementation Act of 1991 - Title I: Implementation of Federal Courts Study Committee Recommendations - Establishes an intercircuit conflict resolution demonstration program under which the Supreme Court may issue an order of reference with regard to a matter as to which the lower courts are in disagreement. Directs the Clerk of the Supreme Court, in such event, to select at random a court of appeals to hear the case for a decision en banc (which decision shall be final, subject to discretionary review by the Supreme Court within 30 days). Authorizes the Supreme Court to issue temporary rules supplemental to its own rules and to the Federal Rules of Appellate Procedure governing the procedure in the Supreme Court and the courts of appeals in cases referred under this Act. Directs the Judicial Conference of the United States to establish a committee to monitor and evaluate, and to report to the Congress and the Judicial Conference on, the operation and effect of this title. Requires each committee of the Congress to include with any bill or resolution reported from such committee to the Senate or House of Representatives a judicial impact statement that represents that specified issues have been considered, including: (1) whether a private cause of action is contemplated; (2) the definition of key terms; (3) the types of relief available; (4) whether retroactive applicability is intended; and (5) the viability of private arbitration and other dispute resolution agreements under enactment and relief provisions. Requires each Member of the Congress, to the greatest extent practicable, to consider such issues for any bill or resolution introduced and any amendment proposed in the Senate or House of Representatives. Mandates that all submissions of budget requests and information related to the formulation of the budget submitted by the President for the Court of International Trade and the Court of Appeals for the Federal Circuit be made to the Office of Management and Budget through the Federal judiciary in the same manner as a U.S. court of appeals. Amends the Federal judicial code to: (1) require (current law authorizes) the judicial council of each circuit to establish a bankruptcy appellate panel to hear and determine appeals, unless a judicial council establishes a joint panel to do so; and (2) authorize the Supreme Court to prescribe rules for the appeal of final and interlocutory decisions. Amends the Economic Stabilization Act of 1970 to allow appeals from orders or judgments entered by a U.S. district court in cases arising under such Act to be brought in the U.S. Court of Appeals for the Federal Circuit (Federal Circuit), subject to specified limitations. Amends the Natural Gas Policy Act of 1978 to transfer all cases of the Temporary Emergency Court of Appeals to the Federal Circuit. Includes within the jurisdiction of the Federal Circuit specified appeals under: (1) the Economic Stabilization Act of 1970; (2) the Emergency Petroleum Allocation Act of 1973; (3) the Natural Gas Policy Act of 1978; and (4) the Energy Policy and Conservation Act. Abolishes the Temporary Emergency Court of Appeals and transfers any pending cases to the Federal Circuit. Transfers jurisdiction for supervised release revocation hearings from district courts to the U.S. Parole Commission. Repeals a provision authorizing the judicial officer to commence a prosecution for contempt for a violation of a condition of release. Directs the Parole Commission to assign licensed attorneys as hearing officers in revocation hearings under this title. Title II: National Commission on Federal Criminal Law Reform - National Commission on Federal Criminal Law Reform Act of 1991 - Establishes the National Commission on Federal Criminal Law Reform to: (1) perform a comprehensive study of the Federal criminal laws and draft a proposed recodification; and (2) coordinate, cooperate, and exchange information with the Congress, the judiciary, and the Department of Justice in undertaking such recodification. Sets forth provisions with respect to the composition, compensation, director, staff, powers, termination, and reporting requirements of the Commission. Authorizes appropriations.

Global Nuclear Weapons Material Control Act

United States · United States Congress · 26 July 1991

Global Nuclear Weapons Material Control Act - Urges the President to: (1) negotiate an agreement with the Soviet Union on cooperative mutual inspection measures assuring the end of production of nuclear weapons materials; (2) extend such an agreement to all nations; and (3) pursue discussions with the Soviet Union on the technical requirements needed for the dismantling of nuclear warheads and the reuse or permanent disposal of nuclear weapons materials. Directs the Secretary of Energy to use funds available for national security programs of the Department of Energy to develop and demonstrate by October 1, 1995, technical capabilities for the verifiable dismantling of nuclear warheads at existing facilities and for the disposal of nuclear weapons materials. Outlines techniques and procedures to be included in such technical capabilities development. Authorizes appropriations to the Secretary for FY 1992 through 1994 for such program. Requires the Secretary to report to the Congress the program's plan, budget, and schedule.

Conservation and Alternative Energy Supply Act

United States · United States Congress · 25 July 1991

Conservation and Alternative Energy Supply Act - Directs the National Academy of Sciences to report to the Congress with regard to energy alternatives and conservation

To amend the Public Utility Holding Company Act of 1935 to permit registered companies and their subsidiaries to engage in energy conservation and load management services, and for other purposes.

United States · United States Congress · 25 July 1991

Amends the Public Utility Holding Company Act of 1935 to permit registered companies and their subsidiaries to engage in energy conservation and load management services.

Global Warming Assessment Act of 1991

United States · United States Congress · 24 July 1991

Global Warming Assessment Act of 1991 - Directs an interagency panel consisting of the Secretary of Defense, the Secretary of Energy, and the Administrator of the National Aeronautics and Space Administration to develop a systems architecture for obtaining the data necessary to assess and respond to global warming. Requires the systems architecture to: (1) incorporate data on solar variability as an essential data element; (2) maximize the use of existing data and technologies to make the data available to scientists and policymakers quickly and in a cost-effective manner; (3) minimize the need for development and operations costs; (4) utilize existing or planned U.S. assets; and (5) initiate operations by December 31, 1995.

To amend the Federal Power Act to modify the jurisdiction of the Federal Energy Regulatory Commission under part 1 of the Act with regard to fresh waters in the State of Hawaii.

United States · United States Congress · 24 July 1991

Amends the Power Act to modify the Federal Energy Regulatory Commission's general and mandatory licensing authority with regard to fresh waters in Hawaii.

Mimbres Culture National Monument Establishment Act of 1991

United States · United States Congress · 23 July 1991

Mimbres Culture National Monument Establishment Act of 1991 - Establishes the Mimbres Culture National Monument in New Mexico as a unit of the National Park System. Sets forth provisions concerning the acquisition of lands for inclusion in the Monument. Requires the Secretary of the Interior to establish a visitor center for the Monument. Authorizes the Secretary to enter into a cooperative agreement with Western New Mexico University for establishing curatorial operation for the care and maintenance of Mimbres cultural materials. Requires the Secretary to develop a research plan to evaluate aspects of the Mimbres tradition and to submit a general management plan to the Senate Committee on Energy and Natural Resources and the House Committee on Interior and Insular Affairs. Establishes the Mimbres Archeological Site Protection System for protecting, researching, and integrating information about the Mimbres tradition. Requires the Secretary to: (1) submit a joint management plan for the Site to the Senate Committee on Energy and Natural Resources and the House Committee on Interior and Insular Affairs; (2) undertake research to locate additional Mimbres sites on Federal lands in New Mexico; and (3) report to such committees on recommendations for additions to or deletions from the list of archeological protection sites. Authorizes appropriations.

National Advanced Materials Processing and Research and Development Act of 1991

United States · United States Congress · 23 July 1991

National Advanced Materials Processing and Research and Development Act of 1991 - Requires the National Critical Materials Council to establish a National Strategic Plan for Advanced Materials Processing, Synthesis, and Research and Development (Strategic Plan). Requires the Director of the National Science Foundation to establish up to ten National Advanced Materials Processing and Synthesis Centers for collaboration among industry, universities, research groups, and government entitles. Directs the Secretary of Commerce, the Secretary of Energy, the Director of the National Science Foundation, and the Administrator of the National Aeronautics and Space Administration to establish within each of their departments or agencies a competitive grants program of Advanced Materials Principal Investigator Awards to provide funding for research and development by individual investigators on specific topics of interest in the advancement of materials science and engineering. Requires each of such departments and agencies to establish a Graduate Fellowship Program for Materials Processing and Synthesis to enable research and work in affiliation with the awarding department or agency, to be awarded on the basis of academic merit. Authorizes appropriations.

To amend the Federal Power Act to provide a definition of the term "fishway".

United States · United States Congress · 23 July 1991

Amends the Federal Power Act to provide a definition of the term "fishway."

To amend the Natural Gas Act to permit the development of coalbed methane gas in areas where its development has been impeded or made impossible by uncertainty and litigation over ownership rights, and for other purposes.

United States · United States Congress · 23 July 1991

Amends the Natural Gas Act to establish procedures for coalbed methane gas extraction in areas of uncertain ownership, including: (1) creation of a list of affected States (initially West Virginia, Pennsylvania, Kentucky, Ohio, Tennessee, Indiana, and Illinois shall be included in such list; Colorado, Montana, New mexico, Wyoming, Utah, Virginia, and Alabama shall not be included); (2) establishment of State administering agencies (State Boards); and (3) requirements for well spacing and drilling, pooling arrangements and escrow accounts, and mining safety.

Department of Energy National Security Act for Fiscal Years 1992 and 1993

United States · United States Congress · 22 July 1991

Department of Energy National Security Act for Fiscal Years 1992 and 1993 - Title XXXI: (SIC) Department of Energy National Security Programs - Part A: National Security Programs Authorizations - Authorizes appropriations to the Department of Energy (DOE) for FY 1992 for operating expenses incurred, and for plant and capital equipment necessary, in carrying out national security programs in the following areas: (1) weapons activities; (2) defense nuclear materials production; (3) verification and control technology; (4) nuclear materials safeguards and security technology development programs; (5) security investigations; (6) Office of Security evaluations; (7) new production reactors; (8) naval reactors and naval reactors development; and (9) capital equipment not related to construction. Authorizes appropriations to DOE for FY 1992 for carrying out environmental restoration and waste management programs necessary for national security programs in the following areas: (1) operating expenses; (2) plant projects; and (3) capital equipment. Earmarks specified FY 1992 funding for the defense inertial confinement fusion program. Directs the Secretary of Energy (Secretary, for purposes of this title) to use FY 1992 and 1993 DOE funds to reimburse specified Colorado cities for costs incurred in implementing a required water management program. Provides reimbursement amounts for each such fiscal year. Directs the Secretary to make available to the States of Washington, Oregon, and Idaho specified FY 1992 through 1994 DOE funds for implementing and operating the Hanford Health Information Network. Prohibits any funds appropriated or otherwise made available to DOE for FY 1992 from being used for modifying the W-79 atomic fired artillery projectile. Reduces the total amount authorized to be appropriated by this Part. Part B: Recurring General Provisions - Prohibits the use of funds appropriated pursuant to this title for the costs of a program exceeding 105 percent of the program authorization or $10,000,000 more than the amount authorized, whichever is less, or for programs which have not been presented to, or requested of, the Congress, unless the Secretary transmits to the appropriate congressional committees a full and complete statement of the action proposed and 30 days have elapsed. Prohibits the total funds obligated pursuant to this title from exceeding the total amount authorized to be appropriated by this title. Authorizes the Secretary to carry out any general plant project only if the maximum estimated cost of the project does not exceed $2,000,000. Requires reports to specified committees by the Secretary when the costs exceed such amount. Sets forth procedures for the approval of projects which exceed by more than 25 percent their estimated cost or authorized amount. Exempts from such procedures any projects which have an estimated cost of less than $5,000,000. Allows for the transfer of funds from specified projects to other Government agencies for the performance of work for which the funds were appropriated. Authorizes the Secretary of Defense to transfer to the Secretary specified FY 1992 DOD R&D funds for the performance of work on SDI. Authorizes an additional transfer for the inertial confinement fusion program. Authorizes the Secretary to perform advance planning and construction design services in connection with any proposed construction project if the total estimated cost for such services does not exceed $2,000,000. Authorizes the Secretary to notify the defense committees whenever the estimated cost of such planning and design exceeds $300,000. Requires specific authorization by law whenever such estimated costs exceed $2,000,000. Authorizes the Secretary to perform emergency construction planning and design in order to meet the needs of national defense or to protect property or human life. Makes funds appropriated for management and support activities and for general plant projects under this title available for all national security programs of DOE. Part C: Miscellaneous - Directs the Secretary to conduct a scholarship and fellowship program to enable individuals to qualify for employment in environmental restoration and waste management (ERW) positions in DOE. Requires the Secretary to award at least 20 each of scholarships (for undergraduates) and fellowships (for graduate students) during FY 1992. Outlines eligibility requirements. Requires the Secretary and any such recipient to enter into an agreement under which the Secretary agrees to provide the participant with educational assistance for a specified number of school years in return for the participant's agreement to complete the educational program and to serve full-time as a DOD employee in an ERW position for 12 months for each school year in which such educational assistance was provided. Outlines provisions concerning repayment of such educational assistance by the participant if he or she does not complete such education or work the required period thereafter. Requires such repayment within a specified period. Authorizes the Secretary to waive such payment recovery if found to be against equity and good conscience or contrary to the best interests of the United States. Authorizes the Secretary, in awarding such scholarshps and fellowships, to give a preference to individuals who are entitled to or accepted for enrollment in an educational institution that has a cooperative education program with DOE. Directs the Secretary to report to the Congress on activities under the program. Provides funding for such program from ERW funds authorized under this Act. Directs the Secretary to carry out the Defense Environmental Restoration and Waste Management Program under which the Secretary carries out ERW activities at DOE nuclear facilities. Establishes in DOE the Office of Environmental Restoration and Waste Management through which the Secretary shall carry out the Program. Directs the Secretary to issue annually a five-year plan for ERW activities to be conducted at DOE nuclear facilities under the Program. Requires such plans to be submitted to the President and the Congress, published in the Federal Register, and made available to the public. Outlines matters to be included in each five-year plan. Requires preliminary plans to be provided to affected States and Indian tribes for coordination, review, and comment. Requires the first five-year plan to be issued in 1992. Establishes in the Treasury the Defense Environmental Restoration and Waste Management Account for the deposit of sums used to carry out the Program. Requires the President to include in his annual budget submission to the Congress certain information with respect to the Program. Authorizes the Secretary to make grants to, and enter into cooperative agreements with, affected States and Indian tribes to assist their participation in the development of the five-year plans. Authorizes the Secretary to enter into a long-term contract for the procurement of products and services that are determined to be necessary to support waste cleanup and modernization activities at DOE facilities. Authorizes such contract to extend for up to 30 years, with two ten-year contract extension options. Outlines contract requirements. Directs the Secretary, in awarding such contract, to: (1) use competitive procedures; (2) encourage the development of new and innovative technologies; and (3) enter into contracts with diverse contractors. Authorizes the Secretary, upon the termination of such a contract, to pay the balance of the cost of any special facility acquired or constructed if the acquisition or construction constitutes a significant portion of the investment by the contractor under the contract. Authorizes the Secretary to lease Federal lands at a DOE facility in order to facilitate the construction of a facility in connection with a contract. Provides authorized lease periods. Prohibits the Secretary from entering into such contracts until the Secretary submits to the Congress a justification and analysis and complies with a notification requirement. Terminates the authority to enter into such contracts on September 30, 1996. Amends the Department of Energy Organization Act to direct the Secretary to conduct a program in DOE to encourage the career development of non-Federal employees of DOE national laboratories. Makes eligible for such program employees who have demonstrated exceptional talent or skill in their positions and whose service in positions considered critical to the national defense or national energy security would likely result in professional contributions beneficial to such activities in DOE. Requires the Secretary to publish in the Federal Register the name, position, and duties of each individual serving in such program. Prohibits the Secretary from resuming plutonium operations at the Rocky Flats Nuclear Weapons Plant, Golden, Colorado, until the Defense Nuclear Facilities Safety Board (Board) has determined that the Secretary has responded to specified Board recommendations relating to the Rocky Flats plant. Requires certain congressional notification and certification requirements to be met before the resumption of warhead production activities except at one specified building at the plant. Requires the Defense Science Board and the Nuclear Weapons Council to report to the defense committees jointly on each type of warhead proposed to be produced at Rocky Flats. Requires the Secretaries of Defense and Energy to both certify to the defense committees that production of recommended types of warheads at such plant is necessary in the national security interest before production may resume. Authorizes the Secretary of Energy to award grants to certain non-profit organizations to: (1) provide training and education to persons whose duties are or include response to hazardous substance releases or similar emergencies at DOE nuclear weapons facilities; and (2) develop curricula for such training and education. Makes eligible for such grants nonprofit organizations that have demonstrated significant capabilities in: (1) implementing and conducting training and education programs relating to the general health and safety of workers; (2) identifying groups of workers whose duties include response to hazardous substances releases or similar emergencies; and (3) conducting effective training programs for such workers. Requires the Secretary to give grant award preference to organizations and programs that are grant recipients under a specified provision of the Superfund Amendments and Reauthorization Act of 1986. Authorizes the Secretary to assess civil penalties against any DOE contractor who employs individuals to respond to hazardous substance releases or other similar emergencies at DOE nuclear weapons facilities and fails to provide for such training or to certify to DOE that such employees are adequately trained by other means. Provides FY 1992 funding for such program from funds authorized to be appropriated under this Act. Directs the Secretary to enter into cooperative arrangements with participants from two or more eligible firms and one or more DOE laboratories (allows inclusion of institutions of higher education) in order to encourage and provide for the conduct of R&D of dual-use (both commercial and military applications) critical technologies selected by the Secretary, to be known as Department of Energy Critical Technology Partnerships. Authorizes the Secretary to enter into cooperative arrangements with the same type of participants for R&D and utilization of advanced manufacturing technologies potentially having a broad range of applications, to be known as Department of Energy Advanced Manufacturing Technology Partnerships. Directs the Secretary to establish four or more Advanced Materials Processing, Synthesis, and Commercialization Partnerships in order to facilitate the development and commercialization of advanced materials processing, synthesis, and technology in the United States. Title XXXII: Defense Nuclear Facilities Safety Board Authorization - Authorizes appropriations for FY 1992 and 1993 for the operations of the Defense Nuclear Facilities Safety Board. Amends the Atomic Energy Act of 1954 to: (1) allow the Board to employ up to 150 full-time employees (currently 100); and (2) give the Board access to any information on atomic weapons within DOE that is necessary for the Board to carry out its functions.

Military Construction Act for Fiscal Years 1992 and 1993

United States · United States Congress · 22 July 1991

Military Construction Act for Fiscal Years 1992 and 1993 - Title XXI: (SIC) Army - Part A: Fiscal Year 1992 - Authorizes the Secretary of the Army to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to construct or acquire military family housing units, to carry out architectural and engineering services and construction design, and to improve existing military family housing units in specified amounts at specified installations. Authorizes the Secretary to enter into long-term contracts for the construction, management, and operation of facilities pursuant to authorized architectural and engineering services and construction design in specified amounts at specified installations and locations. Authorizes the Secretary to enter into rental guaranty agreements for military family housing under the Military Housing Rental Guaranty Program of the Military Construction Authorization Act, 1984, at specified locations. Authorizes appropriations to the Army for fiscal years beginning after 1991 for military construction projects, unspecified minor construction projects, architectural and engineering design services, defense access roads, military family housing functions within the Department, and the homeowners assistance program. Limits the total cost of construction projects authorized by this title. Amends the Military Construction Authorization Act for Fiscal Year 1991 to increase the amount authorized for a military construction project at Fort Riley, Kansas. Extends certain FY 1989 and 1990 military construction projects. Authorizes the Secretary of the Army to make a direct grant to the Fairbanks North Star Borough School District in Fairbanks, Alaska, for the construction of a public elementary school facility sufficient to accommodate dependents of DOD personnel assigned to Fort Wainwright, Alaska. Limits the maximum authorized grant and provides fund sources. Part B: Fiscal Year 1993 - Authorizes the Secretary of the Army to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to carry out architectural and engineering services and construction design and to improve existing military family housing units in specified amounts. Authorizes appropriations to the Army for fiscal years beginning after 1992 for military construction, land acquisition, military family housing functions of the Department, and the homeowners assistance program. Limits the total cost of construction projects authorized by this title. Title XXII: Navy - Part A: Fiscal Year 1992 - Authorizes the Secretary of the Navy to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to construct or acquire military family housing, to carry out architectural and engineering services and construction design, and to improve existing military family housing units in specified amounts at specified installations. Authorizes the Secretary to enter into long-term contracts for the construction, management, and operation of facilities pursuant to authorized architectural and engineering services and construction design in specified amounts at specified installations. Authorizes the Secretary to enter into contracts for the leasing of military family housing units in specified amounts at specified locations. Authorizes the Secretary to enter into rental guaranty agreements for military family housing under the Military Housing Rental Guaranty Program of the Military Construction Authorization Act, 1984, at specified locations. Authorizes appropriations to the Navy for fiscal years beginning after 1991 for military construction projects, unspecified minor construction projects, architectural and engineering design services, defense access roads, and military family housing functions of the Department. Limits the total cost of construction projects authorized by this title. Amends the Military Construction Authorization Act for Fiscal Year 1991 to reduce the amount authorized to be appropriated for a military construction project at the Silverdale Strategic Weapons Facility, Pacific. Specifies the type of military construction authorized for the Marine Corps Reserve Support Activity, Kansas City, Missouri, under the Military Construction Authorization Act for Fiscal Years 1990 and 1991. Part B: Fiscal Year 1993 - Authorizes the Secretary of the Navy to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to carry out architectural and engineering services and construction design and to improve existing military family housing units in specified amounts. Authorizes appropriations to the Navy for fiscal years beginning after 1992 for military construction, land acquisition, and military family housing functions of the Department. Limits the total cost of construction projects authorized by this title. Title XXIII: Air Force - Part A: Fiscal Year 1992 - Authorizes the Secretary of the Air Force to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to construct or acquire military family housing units, to carry out architectural and engineering services and construction design, and to improve existing military family housing units in specified amounts at specified installations. Authorizes the Secretary to: (1) enter into contracts for the leasing of military family housing units; and (2) enter into rental guaranty agreements for military family housing under the Military Construction Authorization Act, 1984. Authorizes appropriations to the Air Force for fiscal years beginning after 1991 for military construction projects, unspecified minor construction projects, architectural and engineering design services, and defense access roads. Limits the total cost of construction projects authorized by this title. Extends certain FY 1989 and 1990 military construction projects. Amends the Military Construction Authorization Act for Fiscal Year 1991 to terminate the authority to carry out certain military construction projects in Alaska. Prohibits the Secretary from entering into a contract for the construction of any facility related to the permanent basing of B-2 aircraft until 180 days after the Secretary has supplied the Congress with specified information concerning the basing of such aircraft. Requires the Comptroller General to report to the Congress on certain cost comparisons with respect to such aircraft. Part B: Fiscal Year 1993 - Authorizes the Secretary of the Air Force to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to construct or acquire military family housing units, to carry out architectural and engineering services and construction design, and to improve existing military family housing units in specified amounts. Authorizes appropriations to the Air Force for fiscal years beginning after 1992 for military construction, land acquisition, and military family housing functions of the Department. Limits the total cost of construction projects authorized by this title. Title XXIV: Defense Agencies - Part A: Fiscal Year 1992 - Authorizes the Secretary of Defense to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to acquire one military family housing unit and to improve existing military family housing units in specified amounts. Authorizes appropriations to DOD for fiscal years beginning after 1991 for military construction projects, unspecified minor construction projects, architectural and engineering design services, certain base closure and realignment activities, an energy conservation program, conforming storage facilities, and military family housing functions of DOD. Authorizes prior-year unobligated funds to be made available for military construction projects authorized in this title. Limits the total cost of construction projects authorized by this title. Authorizes the Secretary, in advance of appropriations, to contract for the design and construction of a military construction project at Fort Belvoir, Virginia. Authorizes the Secretary to acquire real property and carry out military construction projects for certain Special Operations Command centers in North Carolina and other classified locations. Earmarks specified funds appropriated under this Act for the construction of a headquarters facility for a special operations battalion at Fort Bragg, North Carolina. Part B: Fiscal Year 1993 - Authorizes the Secretary to acquire real property and carry out a military construction project at a specified installation in a specified amount. Authorizes appropriations to DOD for fiscal years beginning after 1992 for military construction, land acquisition, and military family housing functions of DOD. Limits the total cost of construction projects authorized by this title. Title XXV: North Atlantic Treaty Organization Infrastructure - Part A: Fiscal Year 1992 - Authorizes the Secretary of Defense to make contributions for the North Atlantic Treaty Organization (NATO) Infrastructure Program. Authorizes appropriations to the Secretary for fiscal years beginning after 1991 for such contributions. Part B: Fiscal Year 1993 - Authorizes the Secretary to make contributions for the NATO Infrastructure Program. Authorizes appropriations to the Secretary for fiscal years beginning after 1992 for such contributions. Authorizes the use of excess NATO Infrastructure funds for military construction projects authorized by this or any other Act. Title XXVI: Guard and Reserve Forces Facilities - Part A: Fiscal Year 1992 - Authorizes appropriations for fiscal years beginning after 1991 for acquisition, architectural and engineering services, and construction of facilities for the Guard and reserve forces in specified amounts. Part B: Fiscal Year 1993 - Authorizes appropriations for fiscal years beginning after 1992 for acquisition, architectural and engineering services, and construction of facilities for the Guard and reserve forces in specified amounts. Title XXVII: Expiration of Authorizations - Terminates all authorizations contained in titles XXI through XXVI of this Division on October 1, 1994, or the date of enactment of an Act authorizing funds for military construction for FY 1995, whichever is later, with specified exceptions. Terminates the approval of military construction projects in this Division at military installations which are closed or realigned pursuant to the Defense Base Closure and Realignment Act of 1990. Title XXVIII: General Provisions - Part A: Defense Base Closure and Realignment - Amends the Defense Base Closure and Realignment Act of 1990 to terminate the process by which military installations are selected for closure or realignment under such Act if the President does not transmit to the Congress by certain dates in 1993 and 1995 the nominations for appointment to the Defense Base Closure and Realignment Commission (Commission). Adds provisions relating to the employment and detailing of Commission staff employees. Revises certain notification and publication dates with respect to selection criteria utilized in making recommendations for base closures and realignments and recommendations made by DOD and the Commission. Prohibits funds appropriated to DOD for environmental restoration and management from being used for such activities at military installations closed or realigned under such Act. Applies Federal whistleblower protection for military personnel making certain disclosures to communications made to the Commission. Provides that in the case of each military installation considered for closure or realignment by the Commission, the Secretary shall ensure that the amount of the authorization requested by DOD for each military construction project in each of FY 1992 through 1999 for the following fiscal year does not exceed the estimate of the cost of the project that was provided to the Commission by DOD. Requires the Secretary to report to the Congress the reasons for any differences between the requested amount and the estimated cost of any such project. Requires the DOD Inspector General to investigate each project for which the Secretary is required to submit an explanation and report his findings to the Secretary. Amends the Demonstration Cities and Metropolitan Development Act of 1966 to make eligible for certain homeowners assistance benefits provided under such Act DOD civilian employees and members of the armed forces who were employed or assigned to a military installation at the time of public announcement of its closure or transferred from such installation before such public announcement. Part B: Military Construction Program Changes - Authorizes the Secretary of Defense to make grants to States to acquire or construct facilities for the joint use of two or more components of the reserves. Increases from $200,000 to $300,000 the maximum amount for an authorized project for the acquisition or construction of such facilities that may be carried out with funds available for operation and maintenance. Repeals a Federal provision prohibiting the Secretary concerned from entering into more than five long-term construction contracts for the construction of certain military support facilities (child care, troop housing, hospital or medical facilities) at or near a military installation. Authorizes the Secretary concerned to enter into a contract for the procurement of services (currently, may only contract for construction, management, or operation of such facilities) in connection with such facilities. Requires all such projects to be authorized by law. Adds provisions to such contracts with respect to their being subject to the availability of specific appropriations for such purpose. Extends through FY 1993 the authority to enter into such contracts. Allows the Secretary concerned, or the Secretary of Transportation with respect to the Coast Guard, to enter into contracts for the leasing of military family housing to be constructed or rehabilitated to residential use on or near a military installation in which there is a deficit of such housing only if specifically authorized by law and subject to the availability of specific appropriations for such purpose. Extends through FY 1993 the authority to enter into such leases. Repeals Federal provisions which: (1) prohibit the Secretary concerned from entering into more than three contracts per fiscal year for authorized military construction projects using one-step turn-key selection procedures; and (2) terminate the use of such procedures for such contracts on October 1, 1991. Increases to $1,500,000 the cost limitation threshold for a military construction project to be considered a minor construction project. Increases to $300,000 the maximum amount authorized to be spent from operation and maintenance funds by the Secretary concerned for such minor construction projects. Provides an increased maximum square footage allowance for military family housing located where harsh climatological conditions severely restrict outdoor activity for a significant part of each year, as determined by the Secretary concerned. Makes permanent (currently expires September 30, 1991) the authority to obligate certain funds from the DOD Base Closure Account to the homeowners assistance program under the Demonstration Cities and Metropolitan Development Act of 1966. Authorizes the Secretary concerned to carry out a military construction project not otherwise authorized by law when such project is vital to the protection of health, safety, or quality of the environment. Authorizes the Secretary concerned to acquire options for the lease of real property (currently, such Secretaries may only acquire options on a purchase) when such property is required for military construction projects. Provides the monetary consideration for such lease options. Requires the Secretary concerned, before exercising either type of option, to review the most recent inventory of real property assets published by the Resolution Trust Corporation to determine whether any such property is suitable for such construction projects. Amends the Military Construction Authorization Act, 1984 with respect to the military housing rental guarantee program to allow the Secretary concerned (or the Secretary of Transportation with respect to the Coast Guard) to enter into agreements for military housing rental guaranty projects only when such projects are specifically authorized by law and subject to the availability of specific appropriations for such purpose. Requires budget materials submitted to the Congress to include proposed rental guaranty projects. Extends the rental guaranty program through FY 1993. Authorizes the Secretary concerned who compensates a landlord for breach of lease or damages by a member of the armed forces under the military housing rental guaranty program to withhold from the pay of such member an amount equal to the amount of such compensation. Revises provisions with respect to the authority of the Secretaries concerned to lease certain nonexcess property. Authorizes the Secretary to acquire any leasehold interest in real property considered necessary for national security purposes to facilitate special operations forces activities. Sets a maximum rental cost of any property so acquired at $500,000. Allows facilities acquired to be modified to facilitate such activities. Terminates the authority to enter into such contracts as of the end of FY 1992. Requires the Secretary to report to the defense committees concerning leasehold interests so acquired. Empowers law enforcement authorities employed at the Pentagon Reservation with the same powers as sheriffs and constables upon such property. Part C: Land Transactions - Authorizes the Secretary of the Army to convey to the New Mexico State Armory Board all rights and interests in real property in Santa Fe, New Mexico, currently used as a U.S. Army Reserve Center, under specified terms and conditions, including the construction by the Board of a Reserve Center replacement facility. Authorizes the Secretary of the Air Force to convey to Saint Clair County, Illinois, all rights and interests in the Cardinal Creek Housing Complex, Scott Air Force Base, Illinois, under specified terms and conditions. Amends the Military Construction Authorization Act for Fiscal Year 1991 to revise the sale payment amount with respect to the conveyance to Burlington, Vermont, of the Naval Reserve Center located there. Directs the Secretary of the Navy to release a reversionary interest held on certain real property within Berrien County, Michigan. Authorizes the Secretary of the Navy to acquire by fee simple real property located at Outlying Landing Field Barin, Baldwin County, Alabama. Authorizes the Secretary of the Army to convey to New Bedford, Massachusetts, all rights and interests to certain parcels of real property in such city. Requires the city to conduct any remedial action necessary to prevent the release of any oil or other hazardous material contained there and to indemnify the United States against all claims arising with respect to such parcels of land. Requires the Secretary to permit city officials to enter upon such property to prepare the area for construction of a waste water treatment plant.