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601 records in 1991
United States · United States Congress · 22 March 1991
Amends the Internal Revenue Code to disallow trade or business expense deductions for compensatory damages paid to any government for environmental damages resulting from any incident involving a hazardous material.
United States · United States Congress · 22 March 1991
Declares that Antarctica is a global ecological commons and should be subject to a new agreement to supplement the Antarctic Treaty of 1959 to: (1) establish Antarctica (for at least 99 years) as a region closed to commercial minerals development and related activities unless a consensus of the parties to the agreement opens it for such purposes; (2) provide for comprehensive environmental protection of Antarctica; and (3) grant Antarctica protective status as a world park. States that the United States should support efforts to achieve such agreement at the April 1991 meeting of the Antarctic Treaty parties in Madrid, Spain.
Ireland · Dáil Éireann · 21 March 1991
1 Mrs. Barnes asked the Minister for the Marine if he will establish an Irish Sea secretariat to combat pollution in the Irish Sea, which would be a communication centre and would document and report annually on changes in the sea environment; and if he will make a statement on the matter.
United States · United States Congress · 21 March 1991
Prohibits the Secretary of the Interior from preparing for or conducting any activity under the Outer Continental Shelf Lands Act with respect to certain submerged lands off the State of Florida. Mandates that all leases in such area issued before enactment of this Act be cancelled. Requires the Secretary to report annually to the Congress on the status of such cancellations. Provides for compensation to entitled lessees. Prohibits any activities other than environmental or oceanographic studies in a certain part of the Eastern Gulf of Mexico Planning Area off the western boundary of Florida. Directs the Secretary to undertake certain environmental studies. Authorizes appropriations.
United States · United States Congress · 21 March 1991
Amends the Outer Continental Shelf Lands Act to revise the environmental standards under which Outer Continental Shelf leases or permits shall be cancelled. Provides that any compensation for a cancelled lease may be in any combination of cash, forgiveness of rents of royalties, or credits against future bonus bids. Limits the criteria according to which the Secretary of the Interior may deny requests by Governors of affected States concerning proposed modifications of Outer Continental Shelf leasing programs. Provides that, with respect to proposed lease sales, the Secretary shall determine the national interest by a balancing process that gives equal weight to obtaining oil and gas supplies and to environmental protection. Requires the Secretary to accept a Governor's recommendations as to whether a particular lease sale will provide a reasonable balance between the national interest and the well-being of the State's citizens, except in specified circumstances. Requires that environmental studies with respect to proposed lease sales be subjected to peer review by scientists not employed or compensated by the Secretary and published by a specified date before the lease sale is announced.
United States · United States Congress · 21 March 1991
National Energy Efficiency and Development Tax Act of 1991 - Subtitle A: Renewable Energy Production Incentive - Amends the Internal Revenue Code to allow a tax credit for qualified technologies properties (power plants) that use solar, wind, and geothermal energy. Applies such credit to electricity produced by power plants: (1) placed in service after December 31, 1991, and before January 1, 2002, for which an energy credit has not been allowed; and (2) sold after December 31, 1991, and before January 1, 2009. Subtitle B: Transportation -Amends the Internal Revenue Code to exclude from gross income qualified employer-provided commuter services between an employee's residence and workplace. Includes as qualified services: (1) transportation furnished in a commuter highway vehicle (such as a van); and (2) transportation on public buses, trains, or subways that is paid for or reimbursed by the employer. Limits the exclusion from gross income for parking to parking on (not "on or near," as under current law) the employer's premises, with further specified qualifications. Subtitle C: Buildings and Housing Tax Credits - Allows a tax credit for qualified oil retrofit conservation expenditures in the principal residence of a taxpayer. Describes such expenditures as: (1) flame retention replacement burners; (2) insulation measures, including insulation of water heaters; (3) automatic thermostat controls; and (4) window insulations. Subtitle D: Utilities - Excludes from gross income the amount or value of any subsidy provided by a public utility to a customer in connection with the purchase, installation, use, or maintenance of any energy or water conservation measure or for energy savings delivered by such measures. Denies the use of any tax credit or deduction to the extent such subsidy is excluded from gross income. Subtitle E: Automobiles and Trucks - Safe and Efficient Vehicles Incentives Act of 1991 - Amends Federal law to establish: (1) taxes on the sale of any new motor vehicle (light-duty and medium-duty vehicles and trucks) whose fuel economy is less than the sales-weighted average fuel economy or whose composite safety factor is greater (sic) than the sales-weighted average composite safety factor of all new motor vehicles within the same class; and (2) rebates for the purchase of any new motor vehicle whose fuel economy is greater than the sales-weighted average fuel economy or whose composite safety factor is greater than the sales-weighted average composite safety factor of all new motor vehicles within the same class. Sets forth formulae for determining the fuel economy tax (or rebate) and the safety tax (or rebate). Requires the Secretary of the Treasury to publish in the Federal Register and send to each manufacturer or importer of motor vehicles the applicable formulae for each class of vehicle in the next model year. Requires each manufacturer or importer of new light-duty or medium-duty motor vehicles to calculate according to the applicable formulae the fuel economy and safety taxes and rebates for each vehicle. Requires them to include such information on labels affixed to such vehicles. Provides for the collection of such taxes and the disbursement of such rebates. Authorizes appropriations. Requires, not later than July 1, 1992, and each July 1, thereafter, the Administrator of the Environmental Protection Agency to calculate the sales-weighted average fuel consumption and the Secretary of Transportation to calculate the composite safety factor and the sales-weighted average composite safety factor for all light-duty and medium-duty vehicles and trucks with respect to the determination of fuel economy and safety taxes and rebates. Requires each manufacturer or importer of such vehicles to conduct crash tests necessary to determine the composite safety factor of such vehicle whenever such crash test data does not result from the Secretary of Transportation's crash tests. Subtitle F: Domestic Oil and Gas Production - Excludes oil or gas wells from the net income limitation on the percentage depletion allowance. Establishes a marginal production income tax credit for producers who maintain economically unproductive oil wells. Applies the credit to domestic crude that is: (1) from stripper well property; (2) heavy oil; or (3) oil recovered through a tertiary recovery method. Fixes the credit at ten percent of the qualified cost (determined in accordance with a formula set forth in this Act) of each barrel of such oil produced by the producer during the tax year. Establishes a crude oil and natural gas exploration and development tax credit. Allows a ten percent credit for qualifed investments exceeding $1,000,000, 20 percent for those of $1,000,000 or less. Permits the credit as an offset against both minimum tax liability and regular liability. Repeals provisions that identify intangible drilling costs as a tax preference item for purposes of determining alternative minimum tax liability and corporate preference reductions. Allows 50 percent of the marginal production depletion preference (currently the alternative tax energy preference deduction) as a deduction in computing the alternative minimum tax. Increases from 65 to 100 percent (and thus eliminating) the taxable income limitation on the percentage depletion deduction for oil and gas property. Permits a taxpayer to elect to carry forward to the next succeeding taxable year any portion of excess depletion allowances. Provides that the tax imposed on mineral sharing arrangements shall be determined: (1) without regard to a specified revenue ruling, and similar ruling, concerning the operating interest in oil and gas property received for drilling the well; and (2) with regard to the rules in effect before such ruling. Allows the nonconventional source fuels credit to offset the alternative minimum tax liability. Repeals the restriction applying such credit only to fuels produced after December 31, 1979, and before January 1, 1993 (thus extending the credit through December 31, 2002).
United States · United States Congress · 21 March 1991
Urban Schools of America (USA) Act of 1991 - Title I: Urban School Improvement - Authorizes appropriations for this title. Directs the Secretary of Education (the Secretary) to reserve five percent of specified funds for competitive grant awards to exemplary school programs. Directs the Secretary to allot, from remaining amounts, to each eligible local educational agency (LEA) with an approved application an amount based on that LEA's relative allocation under certain provisions of the Elementary and Secondary Education Act of 1965 for education of disadvantaged children (ESEA title I chapter 1). Provides for annual payments to eligible LEAs with approved applications if they comply with certain data collection requirements to monitor progress toward meeting national education goals, and demonstrate such progress. Requires each such LEA to reserve up to five percent of its allotment to make as many grants as practicable, for authorized activities, to community-based organizations or nonprofit partnerships between the LEA and a city-wide collaborative of private sector businesses. Sets limits on the time and the amount of funds to be used for planning purposes. Requires LEAs to use funds under this title to meet national education goals through programs designed to: (1) increase the academic achievement of urban school children to at least the national average; (2) prepare all urban children for school; (3) increase the graduation rates of urban students to at least the national average; (4) prepare urban school graduates to enter higher education, pursue careers, and exercise their responsibilities as citizens; (5) recruit and retain qualified teachers; and (6) decrease the use of drugs and alcohol by urban students, and enhance their physical and emotional health. Sets forth program accountability requirements: (1) in general, for initial grants, renewal grants, and renewal of school participation; (2) for achievement, including demonstration of improvement; and (3) for data collection to monitor progress in achieving national education goals. Authorizes the Secretary to make, from reserved funds, competitive incentive awards to individual schools participating in projects assisted under this title that demonstrate exemplary progress in meeting specified program requirements. Directs the Secretary, by January 1, 1993, to report on the impact of Federal regulations, guidelines, and policies on urban public schools. Requires LEAs desiring to receive an allotment under this Act to establish a local advisory group to: (1) advise on design and conduct of a needs assessment for participating schools; (2) assist in planning for community-wide collaboration in service delivery for youths in participating schools; (3) advise the LEA and the community on how they can work together to use multiple service providers; and (4) advise and assist program implementation and review program evaluation; (5) review and approve community-based organizations' applications; (6) advise on strategies for increasing parental involvement and the number of school volunteers and role models; and (7) review community-based programs' progress or national education goals. Allows use of a comparable existing local advisory group to comply with such requirement. Sets forth special rules relating to ranking of schools to determine relative need, in general, on the basis of achievement, poverty, and racial isolation. Requires each LEA receiving a grant to serve between ten and 20 percent of its schools. Requires eligible LEAs to have flexibility to serve homeless children, desegregating students, immigrants, migrants, or other highly mobile populations, within the program assisted under this title. Deems any approved program for any school served under certain ESEA title I chapter 1 provisions to be sufficient to meet the application and program accountability requirements of this title. Title II: School Building Repair and Renovation - Authorizes appropriations to assist eligible LEAs in repairing and renovating instructional facilities in city schools. Directs the Secretary to reserve one percent of such funds for monitoring activities under this title. Directs the Secretary to allot the remainder to eligible LEAs, which shall use half of such allotment for programs for school building repair and renovation, and half for programs for school environmental concerns and safety improvements. (Authorizes the Secretary to waive such 50 percent division in certain cases.) Directs the Secretary to allocate such funds on the basis of the number of: (1) children from families below the poverty line; (2) school buildings used for instructional purposes; and (3) school buildings more than 25 years old used for instructional purposes. Limits the period covered by a grant application to three years, and requires annual review by the Secretary. Lists types of programs eligible LEAs must conduct with their allotments for: (1) repair and renovation of school buildings; and (2) improvements related to environmental concerns and safety. Title III: Urban School Research - Authorizes appropriations, to carry out this title, for the National Institute for Urban Education (the Institute), established in the Department of Education by this title. Amends the Department of Education Organization Act to create an Assistant Secretary for Urban Education (the Assistant Secretary), who is to establish the Institute in the Department. Directs the Assistant Secretary to: (1) reserve 20 percent of funds for this title for operation of the Institute; and (2) from the remainder of such funds, make allotments to eligible LEAs on the basis of numbers of students. Directs the Institute to: (1) evaluate and disseminate results of activities under title I; (2) conduct research in urban education; (3) serve as a clearinghouse on urban education research findings, policies, and practices; (4) assist LEAs in developing research and evaluation to assess progress toward meeting national education goals; (5) provide training in research and evaluation; (6) design a research and evaluation strategy for assessing progress under this Act; and (7) design and test both common indicators and new multiple-measures of progress toward national education goals. Provides for an Institute Governing Board. Allows LEAs to use funds under this title for: (1) collaborative and coordinated research and evaluation of educational techniques or approaches in multiple cities served by eligible LEAS; (2) evaluation of projects assisted under title I; (3) dissemination of information on successful projects and approaches under title I; (4) design and implementation of programs for LEA technical assistance to individual schools and teachers involved in title I projects; (5) data and information management services for schools participating in a title I program; (6) staff training in such schools; (7) evaluation of progress in meeting national educational goals by LEAs receiving assistance under this Act; (8) staff training in test interpretation and use for diagnostic purposes; (9) information for parents on test results and interpretation; (10) research and evaluation technology and training; (11) tools for assessment of students in individualized instruction; (12) research on school policies and practices that may be barriers to student success; and (13) new, multiple, alternative assessments of student progress. Title IV: General Provisions - Establishes the Interagency Council on Urban Schools to: (1) review Federal programs to determine effects on urban schools' ability to meet national education goals; (2) track school progress toward such goals; (3) solicit advice and information for urban education experts and urban school representatives on improvement of Federal programs; (4) review Federal regulations for duplication or contradiction; (5) report annually to the Congress and the President on urban school progress; (6) review and recommend improvement or streamlinig of Federal data collection in urban schools; and (7) conduct research to help urban school practitioners improve school performance. Directs the President to conduct a White House Conference on Urban Education before October 30, 1993. Requires the Conference to: (1) develop recommendations and strategies for improving urban education; (2) marshal the forces of the private sector, governmental agencies at all levels, parents, teachers, communities, and education officials to assist urban schools in meeting national goals; and (3) conduct initial planning for a permanent national advisory commission on urban education. Requires a report to the President. Authorizes appropriations for such Conference. Establishes a National Commission on Urban Education (the Commission). Directs the Commission to: (1) study specified issues relating to urban schools; and (2) report, and recommend changes in Federal legislation, to the President and appropriate congressional committees. Terminates the Commission three years after its first meeting. Authorizes appropriations for the Commission. Requires eligible LEAs to use Federal funds received under this Act only to supplement but not supplant non-Federal funds.
United States · United States Congress · 21 March 1991
Persian Gulf Conflict Supplemental Authorization and Personnel Benefits Act of 1991 - Title I: Authorization of Fiscal year 1991 Supplemental Appropriations for Operation Desert Storm - Authorizes supplemental appropriations for FY 1991 to the Department of Defense (DOD) for its current and future balances in the Defense Cooperation Account (Cooperation Account). Requires Cooperation Account funds to be used for: (1) incremental costs associated with Operation Desert Storm; and (2) replenishment of the working capital account for DOD to be known as the Persian Gulf Working Capital Account (Capital Account). Authorizes appropriations to the Capital Account for FY 1991. Requires Capital Account funds to be used for incremental costs associated with Operation Desert Storm, but only to the extent that funds for such use are not available in the Cooperation Account. Requires Cooperation Account funds to replenish funds used from the Capital Account. Reverts Capital Account balances to the Treasury upon its termination. Authorizes funds from both Accounts to be transferred to appropriation accounts of DOD as necessary to meet Operation Desert Storm incremental costs. Increases the transfer authority provided in current law for DOD transfers to accomodate such increased transfer authority. Requires all such transfers to comply with a congressional notice-and wait requirement. Requires monthly reports through FY 1992 on such transfers to the Senate and House Armed Services Committees (the defense committees) and to the Comptroller General. Title II: Waiver of Personnel Ceilings Affected by Operation Desert Storm - Authorizes the Secretary of the military department concerned to waive any military personnel end strength in such department as prescribed in the National Defense Authorization Act for Fiscal Year 1991. Allows certain grade strength limitations to be suspended. Requires such Secretary to certify to the defense committees that the exercise of such authority is necessary because of personnel actions relating to Operation Desert Storm. Authorizes additional appropriations to DOD from the Cooperation Account for increases in military personnel costs for FY 1991 through 1995 resulting from the exercise of such waiver and suspension authorities. Title III: Benefits for Persons Serving in the Armed Forces During the Persian Gulf Conflict - Part A: Military Compensation and Benefits - Increases, as of August 1, 1990, the rate of special pay for duty subject to hostile fire or imminent danger. Terminates such increase 180 days after termination of the Persian Gulf War. Increases from $60 to $75 the monthly family separation allowance for the period beginning January 15, 1991, and ending at the beginning of the first month after a 180-day period after the end of the Persian Gulf conflict. Requires that the variable housing allowance being paid to reserve members called to active duty in the Persian Gulf be calculated using the rate to which the member is entitled in the area of the member's principal place of residence in lieu of a permanent duty location. Authorizes the payment of active duty special pay to reserve optometrists, veterinarians, nurse anesthetists, and certain other non-physician health care providers called or ordered to active duty in connection with activities in the Persian Gulf. Authorizes the payment of such special pay to physicians, dentists, optometrists, veterinarians, nurse anesthetists, and other non-physician health care providers who are: (1) involuntarily retained on active duty; (2) recalled to active duty; or (3) agreeing to remain on active duty for less than one year in connection with the Persian Gulf Conflict. Authorizes continued payment of board certification pay to physicians, dentists, and other health care providers who have completed residency training and were scheduled for board certification or recertification, but were unable to complete such process due to a duty assignment in connection with the Persian Gulf conflict. Conditions such payments upon the completion of such certification or recertification requirements within 180 days after release from such duty assignment or such additional time thereafter as determined necessary by the Secretary of Defense. Requires foreign language proficiency pay to be paid to members assigned to duty in connection with the Persian Gulf Conflict who meet all eligibility criteria for such pay except that they have not been certified by the Secretary concerned to be proficient in a foreign language necessary for national defense purposes. Conditions such payment upon the completion of such certification within 180 days after release from such duty assignment or such additional time thereafter as determined necessary by the Secretary. Establishes a death gratuity of $6,000 for all deaths resulting from injury or illness incurred during the Persian Gulf Conflict or 180 days after such conflict. Directs the Secretary to pay a death gratuity to each Servicemen's Group Life Insurance (SGLI) beneficiary of each deceased member of the armed forces who died after August 1, 1990, and before the date of enactment of this Act. Makes the amount of such death gratuity an amount equal to the SGLI coverage at the time of death. Requires the appropriate SGLI recipient to make application to the Secretary for the payment of such death gratuity within one year after the enactment of this Act. Entitles survivors of members who die as a result of injury or illness sustained while on active duty during the Persian Gulf War to payment for all accrued leave of such member. (Currently, there are limitations to the authorized build-up of such leave.) Removes the ceiling on savings deposit for service members carried in a missing person status during the Persian Gulf Conflict. Requires the payment of a basic allowance for quarters to reserve members without dependents called to active duty in connection with the Persian Gulf Conflict who are unable to occupy the primary residence owned or rented by such member because of such active duty. Part B: Military Personnel Policies and Programs - Allows a retired member of the armed forces who is ordered to return to active duty in connection with Operation Desert Storm to be ordered to such active duty in the highest grade in which the member previously satisfactorily served on active duty. States that a member ordered to active duty in a grade higher than his or her retired grade shall be deemed to have been promoted to such grade. Delays until October 1, 1991, the implementation of a required increase in the annual deductible for services provided under the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) in the case of dependents of active duty personnel serving or who have served in connection with the Persian Gulf Conflict. Allows any health care provider furnishing health care under CHAMPUS to dependents of military personnel serving on active duty in the Persian Gulf to waive any required copayment from such dependents during the Persian Gulf Conflict. Requires the provider to certify to the Secretary of Defense that the amount charged to the Government under such waiver was not increased above the amount the provider would have charged the Government had the payment not been waived. Provides certain transitional health care benefits under CHAMPUS to reservists called to active duty in connection with the Persian Gulf Conflict, and to active duty personnel involuntarily retained on active duty or voluntarily agreeing to remain on active duty for less than one year in connection with Operation Desert Storm. Provides such transitional health care for 30 days after release from active duty or the date on which the member and his or her dependents are covered by an employer-sponsored health plan. Provides such coverage for dependents of such reservists or active-duty personnel. Amends the National Defense Authorization Act for Fiscal Year 1991 to remove certain fiscal year restraints in such Act concerning spending in support of the Persian Gulf Conflict. Directs the Secretary to carry out a study of DOD policies relating to the family interests and responsibilities of reserve members called to active duty and of active and reserve members deployed overseas. Requires a report on study results. Amends the National Defense Authorization Act for Fiscal Year 1991 to extend to October 1, 1991, the effective date for certain reductions in inpatient mental health services to be implemented under such Act. Provides funding from the Cooperation Account to pay for the costs incurred in delaying such reductions in services. Expresses the sense of the House of Representatives that armed forces policy should provide that mothers of newborn children under six months of age shall not be: (1) deployed on active duty; or (2) activated if such activation requires separation from such child, or deployed, in the case of a mother serving in the reserves. Part C: Veterans Benefits and Programs - Persian Gulf War Veterans' Benefits Act of 1991 - Amends Federal veterans' benefits provisions to include the Persian Gulf War within the definition of "period of war" for purposes of eligibility for general veterans' benefits, veterans' pensions, and survivors' benefits for a veteran's spouse and dependents. Requires, in the case of pension eligibility of the surviving spouse of a Persian Gulf War veteran, that such spouse marry the veteran before January 1, 2001. Extends the eligibility for one-time dental care for dental conditions found to have been incurred while on active duty to those who served at least 90 days on active duty during the Persian Gulf War. Extends to such veterans a presumption of service-connection for psychosis that becomes manifest within two years from discharge from active duty and before the end of the two-year period beginning on the last day of the Persian Gulf War. Makes veterans of the Persian Gulf War and subsequent wars eligible for drugs and medicine required due to being permanently housebound or in need of regular aid and attendance. Directs the Secretary of Veterans Affairs to furnish readjustment counseling to any veteran who served on active duty after May 7, 1975, in an area at a time during which hostilities occurred in such area. Defines "hostilities" as an armed conflict comparable to the danger members are subjected to in combat with enemy forces during a period of war. Requires the Secretaries of Defense and Veterans Affairs to each submit two reports to the Congress concerning the need for rehabilitative services for military personnel participating in the Persian Gulf War who experience post-traumatic stress disorder. Increases from $50,000 to $100,000 the maximum amount of life insurance coverage available to servicemen and veterans under the SGLI and Veterans' Group Life Insurance programs. Directs the Secretary of Veterans Affairs to ensure that persons insured under either program are notified of such increase and given an opportunity to increase their coverage. Increases the monthly educational assistance benefits available to active-duty military personnel under the Montgomery GI Bill to: (1) $350 for those serving on active duty for three years or more; and (2) $275 for those serving two years on active duty. Authorizes the Secretary of Veterans Affairs, after FY 1993, to continue such increased rates and to further increase such rates to reflect increases in the Consumer Price Index. Increases in FY 1992 and 1993 the monthly educational assistance benefits available to reserve members serving at least six years in the reserves to: (1) $170 for full-time study; (2) $128 for three-quarter-time study; and (3) $85 for half-time study. Authorizes the Secretary of Defense, after FY 1993, to continue such increased rates and to further increase such rates to reflect increases in the Consumer Price Index. Authorizes veteran representatives of the Persian Gulf War to be included on the Veterans' Advisory Committee on Education. Revises veterans' reemployment rights with respect to disabled veterans to state that a person shall be considered qualified for an employment position if such person, with or without reasonable accommodation, can perform the essential functions of such position. Requires the employer to make reasonable accommodations to the known physical or mental limitations of the individual disabled, unless the employer can demonstrate that the accommodation would impose an undue hardship on its business. Excludes employers employing less than a certain number of personnel as of a specified date from such requirements. Requires an employer to make reasonable efforts to requalify a service member returning to his or her employment position held before such service. Makes each veteran who served on active duty for 90 days or more during the Persian Gulf War eligible for housing loan benefits under the veterans' home loan program. Part D: Federal Employee Benefits - Directs the Office of Personnel Management (OPM) to establish a leave bank program under which: (1) employees of any executive agency may donate any unused annual leave to a leave bank established by OPM; (2) the total donated annual leave is divided equally among the annual leave accounts of employees who have been members of the armed forces serving on active duty during the Persian Gulf War and who return to civilian employment with their agencies; and (3) such participants may use such donated annual leave in the same manner as any other annual leave to their credit. Directs the Secretary of Veterans Affairs to establish a similar program for the benefit of health-care professionals returning to employment within the Department of Veterans Affairs. Part E: Higher Education Assistance - Persian Gulf Conflict Higher Education Assistance Act - Directs the Secretary of Education to waive or modify any statutory or regulatory provision applicable to the student financial aid programs under title IV of the Higher Education Act of 1965 in order to ensure that men and women serving on active duty during the Persian Gulf War who are borrowers of student loans under such Act are not placed in a worse position financially in relation to those loans because of such service. Requires the Secretary to publish such waivers or modifications in the Federal Register. Expresses the sense of the Congress that all institutions offering postsecondary education should provide a full refund or credit to any reserve member serving on active duty in the Persian Gulf for the portion or period of instruction such member was unable to complete because the individual was called up for such service. Directs the Secretary of Education to report to the Congress on the implementation of this provision. Amends the Public Health Service Act to exempt members of the armed forces from required payments on loans under such Act for the training of professional health personnel for the duration of active duty during the Persian Gulf conflict. Terminates the provisions concerning student loan modifications and waivers, and interrupted education refunds or credits, as of the end of FY 1997. Part F: Programs for Farmers and Ranchers - Directs the Secretary of Agriculture (the Secretary, for purposes of this part), with respect to a producer on a farm who is an activated reservist (called or ordered to active duty in the Persian Gulf) during a crop year, to provide for the protection of the producer's crop acreage base for any crop to the extent necessary to provide fair and equitable treatment. Allows producers on a farm to be eligible for payments for rice or upland cotton under the Agricultural Act of 1949 without regard to minimum planting requirements of such Act if: (1) one or more of the producers is an activated reservist during any part of the crop year; and (2) the producers satisfy all other appropriate requirements. Authorizes the Secretary to provide for a temporary waiver or modification of the application of subtitles A through E of title XII of the Food Security Act of 1985 (erodible land conservation requirements): (1) for the period during which the producer is an activated reservist; (2) if necessary to prevent undue hardship caused as a result of the producer's active duty during the Persian Gulf War or to provide equitable treatment; and (3) if the waiver or modification will not significantly detract from the purposes and objectives of such subtitles. Requires a report from the Secretary concerning temporary waivers and modifications so granted. Directs the Secretary to establish a program to provide relief to any borrower under any farmer program loan under the Consolidated Farm and Rural Development Act if the borrower is an activated reservist. Directs the Secretary to modify the terms and conditions of such loans in order to alleviate conditions of distress and to assist in keeping the farm or ranch of an activated reservist in operation until his or her return. Allows the Secretary to modify loans or to take other specified action in order to maintain a farm or ranch until the reservist returns. Requires the Secretary to notify persons operating a farm or ranch of an activated reservist who is a farmer program borrower of these relief provisions. Authorizes the Secretary to provide for procedures by which the spouse or other close relative of an activated reservist may participate in, or make decisions related to, a program administered by the Secretary under the Agricultural Act of 1949 or other specified Acts concerning the operation of the activated reservist's farm or ranch. Allows the Secretary to rely on the representations of the spouse or close relative made under such procedures, under certain conditions. Directs the Secretary to conduct outreach projects in order to inform households of which a member is serving on active duty in the armed forces of possible eligibility for participation in the Food Stamp Program authorized under the Food Stamp Act of 1977. Requires the Secretary to report on the effectiveness of the outreach projects. Part G: Budget Treatment - Authorizes supplemental appropriations from the Cooperation Account for the payment of new or enhanced benefits authorized under title III of this Act for FY 1991 through 1995, with specified spending prohibitions. Authorizes appropriations from the Cooperation Account for title III costs accruing after FY 1995. Provides that certain title III benefit costs are to be considered incremental costs associated with Operation Desert Storm. Prohibits the payment of any title III benefit payable during FY 1991 through 1995 unless funds are specifically appropriated from the Cooperation Account for transfer to the applicable appropriations. Prohibits payment of Montgomery GI Bill rate increases during FY 1992 or 1993 unless a specific appropriation from the Cooperation Account for such purpose occurs. Title IV: Reports on Foreign Contributions and the Costs of Operation Desert Storm - Requires the Director of OMB to prepare periodic reports on the incremental costs associated with Operation Desert Storm and the contributions made to the United States by foreign countries to offset these costs. Requires each such report to include periodic and cumulative costs, as well as nonrecurring costs and cost offsets. Requires the Secretaries of State and the Treasury to jointly prepare periodic reports on the contributions made by foreign countries as part of the international response to the Persian Gulf Crisis. Outlines specific types of contributions to be included in such report. Requires both of the above series of reports to be submitted in unclassified form, to the extent practicable. Title V: Report on the Conduct of the Persian Gulf Conflict - Directs the Secretary of Defense to report to the congressional defense committees on the conduct of the hostilities in the Persian Gulf, including a discussion of the accomplishments and shortcomings of the armed forces in such conflict, as well as casualty information. Requires a preliminary and final report on such matters. Title VI: General Provisions - Authorizes the Secretary of Defense to provide assistance to ensure that families of military personnel serving on active duty obtain needed child care services, with special focus on children of personnel serving in the Persian Gulf or otherwise deployed in connection with Operation Desert Shield. Authorizes appropriations from the Cooperation Account for such purpose. States that such funds are in addition to other funds used for child care programs for members of the armed forces. Authorizes the Secretary to provide assistance to ensure that families of military personnel serving on active duty receive educational assistance and family support services necessary to meet the needs arising out of Operation Desert Storm. Outlines provisions concerning the types of assistance, areas of assistance, and the types of educational and family support assistance to be provided. Authorizes appropriations from the Cooperation Account. Directs the Secretary of the Army to convey to Caroline County, Virginia, or the Commonwealth of Virginia all rights and interest to a parcel of land located at Fort A.P. Hill, Virginia. Directs the Secretary to identify the size and location of the property to be so conveyed. Outlines property conveyance conditions, and requires reversion to the United States if such property is not used for the construction and operation of a regional correctional facility. Prohibits housing certain prisoners in such correctional facility. Repeals a provision of the Military Construction Authorization Act for Fiscal Year 1991 made inconsistent by such provision. States that the Congress: (1) supports and endorses national, State, and local grassroots efforts to support our servicemen and women who participated in Operation Desert Storm, as well as their families at home; (2) encourages Federal, State, and local governments, as well as private business and industry, to organize task forces intended to provide support for the families of military personnel deployed in the Persian Gulf region and to organize celebrations for returning servicemen and women; and (3) encourages those governments, businesses, and industries to include Vietnam Veteran organizations in all activities conducted for the benefit of the troops returning home from Operation Desert Storm. Amends a provision of the Ethics in Government Act of 1978 relating to the filing of financial disclosure statements by certain senior Government officials to extend the time for such filing, in the case of an individual serving in the armed forces or in support of the armed forces, to a date that is the later of 180 days after the last day of the individual's: (1) service in an area; or (2) hospitalization as a result of injury received or illness contracted while serving in such area. Expresses the sense of the Congress that the Army Corps of Engineers and other Federal agencies should award contracts for the rebuilding of Kuwait, and should encourage the Government of Kuwait to award such contracts, according to the following priority: (1) to U.S. firms that are committed to employing U.S. workers under the contract; (2) to other U.S. firms; and (3) to firms from allied nations that committed troops to the liberation of Kuwait during the Persian Gulf Conflict. Expresses the sense of the Congress that any U.S. firm that receives such a contract should: (1) employ U.S. citizens under such contract; and (2) provide a preference to veterans in hiring for work under such contract. Expresses the sense of the Congress that: (1) the President should take steps to provide assistance to U.S. small and minority-owned businesses seeking to be awarded contracts for the rebuilding of Kuwait; (2) the Administrator of the Small Business Administration should conduct a public information campaign to advise such businesses about becoming so involved; and (3) U.S. firms that are awarded such contracts should award subcontracts under such contracts to U.S. small and minority-owned businesses. Directs the President to submit quarterly reports with respect to contracting for the rebuilding of Kuwait. Expresses the sense of the Congress that none of the funds appropriated or otherwise made available by any provision of law may be obligated or expended, directly or indirectly, for rebuilding Iraq while Saddam Hussein remains in power there. Directs the Secretary of Defense, as of six months after enactment of this Act, to withhold payments normally provided to a foreign nation for expenses of indirect-hire civilian DOD personnel in that nation if such nation has pledged to make contributions to the United States to assist in defraying the cost of Operation Desert Shield and has not paid the full amount so pledged. Releases amounts so withheld upon payment of the full amount pledged. Authorizes the Secretary to waive such withholding upon certification to the Congress that such waiver is in the national security interest. Requires the Secretary, in allocating to defense installations and facilities the defense acquisition workforce reductions required for FY 1991, to use considerable flexibility in order to respond to the influx of work expected to enter the defense acquisition system as a result of Operation Desert Storm. States that any installation or facility that will experience a significant workload increase during FY 1991 as a result of Operation Desert Storm activities is not required to make defense acquisition workforce reductions during FY 1991. Title VII: Miscellaneous Technical Amendments - Makes various technical, clarifying, or conforming amendments to Federal armed forces provisions, military pay and allowances provisions, National Guard provisions, and various public laws and specified Acts. Title VIII: Authorization of Supplemental Appropriations for Department of Energy National Security Programs for Fiscal Year 1991 - Authorizes appropriations for FY 1991 for: (1) operating expenses incurred in carrying out national security programs for weapons activities production and surveillance; and (2) carrying out environmental restoration and waste management programs necessary for national security programs. States that provisions contained in the National Defense Authorization Act for Fiscal Year 1991 concerning the applicability of recurring general provisions shall apply in the same manner to this title. Directs the Secretary of Energy to develop a program to relocate within ten years operations performed at the Rocky Flats Plant in Golden, Colorado, to a replacement facility at which public health and safety can be assured. Requires a report concerning implementation of such relocation.
United States · United States Congress · 21 March 1991
Hazardous Pollution Prevention Planning Act of 1991 - Declares it to be the national policy to achieve a 50 percent reduction in toxic chemical byproduct levels (from 1991 levels) by 1996. Requires owners or operators of facilities required to submit toxic chemical release forms under the Superfund Amendments and Reauthorization Act of 1986 to prepare Hazardous Pollution Prevention Plans. Requires a Plan to include for each chemical for which forms are required: (1) a statement of the scope and objective of the Plan; (2) an evaluation of the amount of the chemical manufactured, processed, or used for the facility and for each production unit and the quantity of byproduct for each unit; (3) an analysis of the economic impacts of the use of each chemical in the production unit; (4) two- and five-year numerical goals for reductions in the use of the chemical and byproducts of the chemical; (5) an economic and technical evaluation of all methods for achieving reductions; (6) identification of technologies, procedures, and training programs to achieve reduction goals; (7) an evaluation and quantification of the effects of the chosen hazardous pollution prevention methods on emissions to air, water, or land; (8) a schedule of implementation of each technology, procedure, and training program; and (9) a compliance certification by the chief executive officer that the Plan is being implemented and complies with this Act. Sets forth additional Plan requirements for large quantity generators. Provides for Plan updates. Authorizes the Administrator of the Environmental Protection Agency to grant a facility an extension of up to 12 months to comply with Plan requirements. Permits owners or operators to waive implementation of a Plan measure if the measure: (1) is not technically feasible; or (2) would result in adverse effects on product quality or threaten public health or the environment. Requires owners or operators to make the Plan and other relevant documents available to the Administrator or a State for inspection. Sets forth facility reporting requirements. Requires facilities to file reports with each annual filing of the toxic chemical release form. Makes reports available to the public. Directs the Administrator or a State to issue notices of noncompliance to facilities with deficient reports or Plans. Requires such facilities to submit revised reports or Plans. Authorizes States to submit hazardous pollution prevention programs to the Administrator for approval. Sets forth minimum program requirements. Requires the Administrator to make matching grants to States to provide assistance for hazardous pollution prevention planning. Limits the Federal share of grants to 50 percent of the funds made available to a State. Directs the Administrator to establish toxic chemical reduction research programs at the Hazardous Substance Research Centers operated pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980. Requires the Administrator to establish a demonstration program to provide regulatory incentives for achieving reductions in the use of toxic chemicals and byproducts. Authorizes the Administrator to designate up to 50 facilities for inclusion in the program. Permits the Administrator to modify, for a facility included in the program, the requirements of any permit or agreement. Sets forth requirements concerning modifications. Limits modifications to periods of up to 12 months. Permits renewals of modifications, as appropriate. Requires the Administrator to identify up to five user segments which need improvements in reducing the amount of byproduct, when compared to the national goal, and in reducing the use of toxic chemicals. Designates such segments as "priority user segments." Defines a "user segment" as a class of facilities that may be distinguished by at least one of the following: (1) use of a toxic chemical or class of chemicals in its industrial processes; (2) similar industrial processes; or (3) members of a generally recognized group (Standard Industrial Classification). Directs the Administrator to designate an additional five user segments every 12 months. Requires the Administrator to publish guidance for obtaining reductions in use of toxic chemicals and byproducts at facilities within priority user segments. Directs each large quantity toxic user within a priority user segment to conduct a hazardous pollution prevention audit. Requires compliance audits at facilities which may present a threat to human health or welfare or the environment. Directs such facilities to implement recommendations contained in the audit. Requires the Administrator to conduct programs to train individuals to conduct hazardous pollution prevention and compliance audits and to certify individuals and organizations as proficient in environmental auditing. Directs the Administrator to: (1) publish a general manual of methods and protocols of environmental auditing; and (2) promulgate regulations governing the testing and certification of auditors. Limits certifications to a period of five years. Permits the Administrator to collect fees for training and certification programs. Requires the Administrator to provide for random tests of the accuracy of data and analyses conducted by organizations certified to conduct audits. Establishes an Environmental Audit Oversight Board to advise the Administrator in the implementation of audits and the certification of auditors. Sets forth provisions concerning the confidentiality of information required to be disclosed under this Act. Prescribes civil penalties for disclosure of protected information. Sets forth requirements for persons seeking protection of information. Prescribes civil penalties for specified violations of this Act. Authorizes the denial of permits to owners or operators who fail to: (1) prepare or submit a Plan, report, or updates; (2) submit information required for audits or to implement audit recommendations. Authorizes appropriations.
United States · United States Congress · 21 March 1991
Reduction of Metals in Packaging Act - Directs the Administrator of the Environmental Protection Agency (EPA) to issue regulations prohibiting the sale or promotion in the United States of any packaging that includes inks, dyes, pigments, adhesives, stabilizers, other additives, lead, cadmium, mercury, or hexavalent chromium intentionally introduced during manufacturing or distribution. Sets forth the maximum allowable concentration level of the sum of such elements in packaging. Makes such regulations inapplicable (for a specified period) for packaging: (1) that was manufactured prior to this Act's effective date; (2) to which lead, cadmium, mercury, or hexavalent chromium have been added to comply with Federal health or safety requirements or for which there is no feasible alternative, provided that the manufacturer petitions EPA for the exemption; or (3) that would not exceed the maximum contaminant levels set forth in this Act but for the addition of post-consumer materials. Requires packaging manufacturers or suppliers to furnish certificates of compliance (with respect to this Act's requirements) to purchasers. Authorizes the assessment of civil penalties for violations of this Act. Sets forth requirements with respect to public access to certificates of compliance.
United States · United States Congress · 21 March 1991
Requires the Administrator of the National Oceanic and Atmospheric Administration (NOAA) to: (1) conduct an analysis of requirements that are existing, or projected to exist by the year 2025, of Federal, State, and local regulators and resource managers for scientific data and information about the Nation's coastal and marine environment and the conditions and phenomena affecting that environment, including those relating to new and changing uses; (2) evaluate scientific research programs or activities in that environment, in light of the data and information requirements identified in the analysis, to determine whether the program or activity should be continued without change or restructured; and (3) recommend legislation on the basis of the analysis and evaluation. Mandates a report to the Congress, with a draft submitted for comment to the Council on Environmental Quality, the National Science Foundation, the Office of Science and Technology Policy, the Comptroller General, and the Congressional Research Service of the Library of Congress. Authorizes appropriations.
United States · United States Congress · 21 March 1991
Amends the Federal Water Pollution Control Act to require Environmental Protection Agency (EPA) water quality criteria for any pollutant to be the standard for such pollutant in any State that has not adopted water quality standards, or has adopted less stringent standards, for such pollutant. Requires Federal agencies or applicants for Federal licenses or permits proposing to conduct any activity which may result in a discharge into navigable waters or the waters of the contiguous zone, or in water quality degradation or impairment of water uses, to provide State certifications that the discharges will comply with certain provisions of the Federal Water Pollution Control Act. Amends the Marine Protection, Research, and Sanctuaries Act of 1972 to permit States to adopt criteria, rules, or regulations relating to ocean dumping within their jurisdiction only if such criteria, rules, or regulations are more stringent and protective of waters and sediment than those adopted pursuant to such Act. Amends the Federal Water Pollution Control Act to permit the EPA Administrator, upon finding that a person has failed to obtain an ocean discharge certification or is violating the conditions of such certification, to: (1) order such person to cease activities resulting in discharges until in compliance with such conditions; or (2) bring a civil action. Prohibits the issuance of permits for discharges into the territorial sea or the contiguous zone until the Administrator provides States whose waters may be affected by such discharges an opportunity to comment or impose conditions with respect to water quality on such permits. Declares that an EPA regulation authorizing the issuance of permits (under certain conditions) for discharges into the marine environment where there is insufficient information to determine possible environmental degradation shall be null and void.
United States · United States Congress · 21 March 1991
Small Community Environmental Infrastructure Assistance Act of 1990 - Title I: Small Community Environmental Infrastructure Assistance - Directs the Administrator of the Environmental Protection Agency to make grants to States for the establishment of small community environmental infrastructure revolving funds. Makes such funds available to small communities for the construction of wastewater treatment works, public water systems, and solid waste management facilities and for assuring that underground storage tanks are in compliance with the Solid Waste Disposal Act. Sets forth provisions concerning grant payment schedules and allotment and reallotment requirements. Requires States to establish revolving funds to receive such grants. Sets forth specific requirements for the use of such funds and for the loans and grants to be provided to small communities. Permits States to provide assistance only to community wastewater treatment and solid waste management facilities and public water systems that are in compliance with plans under the Federal Water Pollution Control Act, the Safe Drinking Water Act, and the Solid Waste Disposal Act, as appropriate. Requires States to submit plans to the Administrator that identify the intended use of the revolving funds. Directs States to reserve the greater of one percent of fund sums or $100,000 to carry out planning. Provides for the withholding of grant payments if a State is not in compliance with this Act's requirements. Requires the Administrator to establish an Office of Small Community Environmental Infrastructure Assistance to: (1) oversee and manage the grants and funds made under this title; and (2) provide specified environmental and financial information to small communities. Authorizes the Office to provide grants to States and not-for-profit organizations to assist small communities in assessing issues related to the financing of environmental facilities, compliance with environmental laws, and the construction, operation, and rehabilitation of environmental infrastructure facilities. Requires such grants to be matched by non-Federal funds. Authorizes and allocates appropriations. Title II: Environmental Infrastructure Facilities for Economically Distressed Areas - Establishes an Office of Community Environmental Infrastructure Assistance within the Directorate of Civil Works of the Office of the Chief of Engineers to implement this title. Makes funds provided under this title available for the construction of wastewater treatment works, public water systems, and solid waste management facilities. Provides that such funds shall be available only for environmental infrastructure projects serving less than 25,000 persons that are located in economically distressed areas. Authorizes State Governors to submit State Priority Project Plans to the Secretary of the Army. Directs the Secretary to submit annual Economically Distressed Area Environmental Infrastructure Assistance Plans to the Congress. Authorizes the Secretary to enter into local cooperation agreements to provide for the planning, design, and construction of environmental infrastructure projects. Requires the Secretary to assure that local cooperation agreements are signed for a project from each State submitting a Priority Project Plan. Requires the Administrator to publish guidelines for the design of wastewater treatment, public water supply, and solid waste disposal facilities pursuant to this title. Provides for the review and revision of such guidelines at least every five years. Directs the Secretary to establish an Office of Environmental Infrastructure Assistance. Authorizes appropriations. Title III: Financing of Public Owned Treatment Works - Amends the Federal Water Pollution Control Act to authorize owners of publicly owned treatment works to issue debt with respect to any treatment works that has received financial assistance under such Act and to pledge, as security for repayment of such debt obligation, revenues realized from the operation of the treatment works, subject to the prior payment of the costs of proper operation and maintenance. Permits such financing only if at least 95 percent of the proceeds of the debt issuance will be used for: (1) the construction portion of a program for the rehabilitation or expansion of the treatment works; or (2) the establishment of financial mechanisms to subsidize or stabilize rates, provide for equipment repair or replacement, or provide for other uses that benefit the ratepayers of the treatment works. Authorizes such financing only if the owner of the treatment works obtains a prior determination from the State agency responsible for administering the State water pollution control revolving fund that the proceeds will be used for such purposes. Permits State water pollution control revolving funds to be used to guarantee, or purchase insurance or letters of credit for, local obligations for equipment, facilities, or plants to be used in conjunction with treatment works.
United States · United States Congress · 21 March 1991
Pan-American Cultural Survival Act of 1991 - Directs the Secretary of State, together with the Administrator of the Agency for International Development (AID), to report to specified congressional comittees on: (1) the numbers of indigenous peoples in each of the Western Hemisphere's republics; (2) the extent to which indigenous peoples are represented within the Western Hemisphere's democratic institutions; (3) current U.S. Government initiatives to promote the well-being of native peoples and to safeguard their property, cultures, and languages; (4) the extent to which such initiatives have sought to promote environmental preservation by safeguarding the rights of such peoples; (5) actions which may be taken to empower indigenous peoples politically as well as to safeguard their property, cultures, languages, and physical well-being; (6) the solicitation of nongovernmental organizations in drawing up strategies for achieving these goals; and (7) the laws and covenants concerning the status of native peoples, on a nation-by-nation basis. Amends the Foreign Assistance Act of 1961 to include in a specified human rights report the treatment and status of indigenous peoples in the Western Hemisphere. Requires the AID Administrator to establish the position of cultural survival officer in the AID mission in any country in which the indigenous peoples: (1) are underrepresented in the country's political life; or (2) could benefit from the development of measures to preserve areas of ecological or environmental significance. Expresses the sense of the Congress that the President, in determining whether to conduct an activity of environmental protection assistance for a Latin American country, to consider the value of such activity in promoting cultural survival of indigenous peoples.
United States · United States Congress · 21 March 1991
Declares that the United States should: (1) call upon the Government of Papua New Guinea to make available the findings and implement the recommendations of the Commission of Inquiry Into Aspects of the Forest Industry; (2) provide technical and financial assistance to achieve these ends; (3) call upon the Government of Japan to investigate the activities of certain private Japanese corporations and official aid agencies in violating laws in Papua New Guinea and in causing the destruction of tropical forests; (4) seek the enactment of tax treaties and other arrangements with the governments of Papua New Guinea and other timber exporting countries to prohibit illegal activities and falsification of trade information; (5) work to reduce Japan's consumption of timber and regulate its trade to ensure that timber traded comes from sustainable sources; and (6) call upon the International Tropical Timber Organization to create a system under which all internationally traded tropical timber is authenticated to ensure its true origin, species, volume, value, and price and to ensure that all timber traded by the end of 1994 comes only from sources managed without harm to the environment and societies in timber-exporting nations.
United States · United States Congress · 21 March 1991
Fuel-Efficient Vehicle Purchase Incentive Act - Requires the Administrator of the Environmental Protection Agency to establish carbon dioxide emissions standards for each motor vehicle model year after 1993. Sets carbon dioxide emissions standards for model year 1993 vehicles. Requires the Administrator, in connection with standards established after model year 1993, to: (1) analyze sales trends, fuel efficiency, and emissions data annually; and (2) increase such standards so that the objective of reduced emissions is achieved while revenue neutrality is maintained. Directs the Administrator to establish a fee and rebate program. Requires, beginning with model year 1993: (1) the assessment of fees on buyers of new vehicles with carbon dioxide emissions exceeding the standard for their size class; and (2) the granting of rebates to buyers of new vehicles with carbon dioxide emissions below the standard for their size class. Bases the amount of the fee or rebate on the amount by which emissions are above or below the standard. Directs the Administrator to adjust fees and rebates, based on the annual analysis of sales trends and emissions data. Requires each new vehicle, commencing with model year 1993, to have displayed on the dealer sticker: (1) the carbon dioxide emissions standard for the size class of the vehicle; (2) the average carbon dioxide emissions of the vehicle; and (3) the rebate or fee which the consumer will receive or pay in connection with the purchase of the vehicle. Authorizes appropriations.
United States · United States Congress · 21 March 1991
Comprehensive Energy Policy Act of 1991 - Title I: Conservation and Energy Efficiency in the Electricity Sector - Subtitle A: Electricity and Utilities - Amends the Public Utility Regulatory Policies Act of 1978 to declare that the rates charged by a State-regulated electric utility shall be such that its net income after implementation of cost effective conservation measures is at least as high as it would have been if such measures had not been implemented. Directs the Tennessee Valley Authority to use least-cost planning in its decision-making regarding increased electric power demand. Requires unregulated utilities to initiate or expand efforts to ensure that cost-effective energy efficiency is pursued by customer utilities. Sets forth energy efficiency guidelines for unregulated utilities. Requires unregulated utilities to submit an annual energy efficiency status report to the Secretary of Energy (the Secretary). Authorizes the Secretary to provide energy efficiency and conservation grants to State regulatory authorities upon their submission of an energy efficiency and conservation plan. Authorizes appropriations. Subtitle B: Residential, Commercial, and Federal Energy Use - Amends the National Energy Conservation Policy Act to direct the Secretary to establish a technical assistance program for States and localities to update the energy efficiency provisions of residential and commercial building codes. Mandates certification by each State that it has updated its residential and commercial building energy codes. Directs the Secretary to establish a task force to advise in the development of the energy efficiency update program. Authorizes appropriations. Requires the Secretary to promulgate procedures that may be used by governmental entities and the private sector to assign efficiency ratings to residential buildings. Requires the Secretary to implement a technical assistance program utilizing energy efficiency rating systems based on such promulgated procedures. Directs the Secretary to report to the President and the Congress on such procedures and State actions to implement them. Authorizes appropriations. Sets a deadline by which each Federal agency must: (1) install energy conservation measures in Federal buildings with a specified payback period; (2) submit a list of projects to the Secretary which meet such payback criterion; and (3) have substantially completed at least 25 percent of such projects or as many as would account for 25 percent of total energy savings. Directs the Secretary to develop guidelines for the selection of energy service contractors by Federal agencies. Directs the Secretary to: (1) establish the Federal Energy Efficiency Fund to provide grants to Federal agencies to enable them to meet energy conservation requirements in Federal buildings; and (2) report annually to the Congress on progress. Authorizes appropriations. Authorizes Federal agency participation in energy conservation programs conducted by gas or electric utilities. Directs the Secretary to: (1) establish a financial bonus program to reward outstanding facility energy managers in Federal agencies; (2) study the monetary value of the environmental benefits resulting from energy efficiency improvements in Federal buildings; (3) establish a program to install in Federal buildings commercial energy efficiency technologies developed by entities receiving Federal financial research and development assistance; and (4) disseminate an evaluation of each energy efficiency technology included in the program. Authorizes appropriations. Requires the Administrator of the General Services Administration to: (1) issue guidelines to Federal Product Schedule users to encourage their purchase of preferred energy efficient models based upon a life-cycle-cost-benefit analysis; (2) provide assistance to manufacturers whose energy efficient products are not listed on the Federal Product Schedule to encourage inclusion of their products on it; and (3) submit a status report to the Congress on manufacturers on the Schedule. Authorizes appropriations. Subtitle C: Standards and Information - Directs the Secretary to: (1) provide financial assistance to support a voluntary national window rating program to develop energy ratings and labels for windows and window systems; (2) develop voluntary national standards for industrial insulation; (3) review and report to the Congress on energy audit procedures in commercial, agricultural, and industrial sectors; (4) establish test procedures and develop energy conservation standards for lamps, appliance motors, and small package air conditioners; (5) evaluate for the Congress the feasibility of requiring electric lights and utility distribution transformers to meet minimum energy efficiency levels (and the possible replacement of existing transformers); and (6) submit to the Congress a program plan for promoting the early introduction of high-efficiency appliances by utilities and appliance manufacturers. Authorizes appropriations. Subtitle D: Tax Provisions - Amends the Internal Revenue Code to: (1) exclude from gross income the value of energy and water conservation subsidies provided by a public utility to a customer; and (2) restore the tax credit for energy conservation expenditures on oil-heated homes. Title II: Conservation in the Transportation Sector - Subtitle A: Alternative Fuels - Amends the Motor Vehicle Information and Cost Savings Act to direct the Secretary of Transportation when amending fuel economy standards: (1) not to consider the fuel economy of alcohol-powered automobiles or natural gas-powered automobiles; but (2) to consider dual energy automobiles and natural gas dual energy automobiles to be operated exclusively on gasoline or diesel fuel. Sets forth acquisition and credit allocation guidelines for owners, operators and lessees of fleets of alternative fuel vehicles. Prescribes civil and administrative penalties for noncompliance with this Act. Subtitle B: Natural Gas as a Transportation Fuel - Amends the Natural Gas Act to state that its provisions shall not apply to a person solely because such person sells or transports natural gas for subsequent use as a fuel in transportation vehicles. Preempts any State regulation prior to January 1, 1989, with respect to natural gas transportation in closed containers, or the sale of natural gas for use as a fuel in transportation vehicles. Declares that a company shall not be considered a gas utility company under the Public Utility Holding Company Act of 1935 solely because it distributes or sells natural gas as a fuel for transportation vehicles. Amends the Natural Gas Policy Act of 1978 to define a "high-priority user" as any person who uses natural gas as a fuel in transportation vehicles. Subtitle C: Fuel Economy - Amends the Motor Vehicle Information and Cost Savings Act to direct the Secretary of Transportation to amend the average fuel economy standard to levels which the Secretary determines are the maximum feasible average fuel economy level for model years beginning after model year 1996. Extends from ten to 30 days the period during which the Secretary of Energy may provide the Secretary of Transportation with written comments on the level of proposed amended fuel economy standards. Directs the Secretary of Transportation to determine by rule an appropriate fuel economy credit to be given to electric vehicle manufacturers. Subtitle D: Miscellaneous - Amends the Internal Revenue Code to exclude from the gross income of an employee the value of any qualified transportation benefit provided by the employer. Requires the Administrator of the Environmental Protection Agency (EPA) to issue regulations providing for appropriate credits for complying with the Clean Air Act to persons who operate programs for the scrapping of older, less fuel efficient vehicles. Directs the Secretary of Energy to study whether consumers use automotive fuel octane ratings higher than needed to operate their vehicles, and, if so, to take appropriate consumer education steps to reduce the excess use of premium gasoline. Declares certain conservation requirements under the Clean Air Act applicable to all employers of 100 or more persons in standard metropolitan statistical areas of 250,000 or more people. Declares it is U.S. policy that by 2000 at least ten percent of the Nation's vehicle transportation needs shall be served by domestic non-petroleum fuels. Directs the Secretary of Energy to establish an electric vehicle research and development grant program to fund joint venture demonstrations of electric vehicles, and to develop an electric vehicle infrastructure. Authorizes appropriations. Declares that for purposes of the Natural Gas Act, vehicular natural gas, including gas sold wholesale or transported by persons with service area determinations, shall be deemed to be ultimately consumed in the State in which physical delivery of a natural gas sale occurs, whether or not physical combustion occurs in another State. Directs the Administrator of EPA to approve use of methylcyclopentadienyl manganese tricarbonyl (MMT) in unleaded gasoline in amounts up to .03125 grams per gallon. Title III: Renewable Energy Sources - Subtitle A: PURPA Size Cap and Co-Firing Reform - Amends the Public Utility Regulatory Policies Act of 1978 (PURPA) to direct the Federal Energy Regulatory Commission (FERC) to prescribe rules requiring electric utilities to offer to purchase electric capacity from alternative power production facilities only through competitive acquisition. Subjects alternative power production facilities to current cogeneration and small power production rules. Subtitle B: Hydroelectric Power Regulatory Reform - Amends the Federal Power Act to direct FERC to require hydroelectric power project license applicants to consult with certain Federal and State agencies and Indian tribes and file a plan and schedule for conducting studies as part of the licensing process. Sets forth guidelines for additional licensing procedures. Directs FERC to coordinate a single, consolidated licensing review (including review under the National Environmental Policy Act of 1969) of a hydropower project license application by all interested Federal and State agencies and Indian tribes. Removes from FERC jurisdiction hydropower projects with installed capacities of five megawatts or less that have not received a license by the date of enactment of this Act. Permits such projects with licenses to petition for their surrender. Subtitle C: Credit for Electricity Generated Using Solar, Wind, or Geothermal Energy - Amends the Internal Revenue Code to allow an income tax credit for electricity generated using solar, wind, or geothermal energy (renewable electricity generating credit). Extends the period allowing existing solar and geothermal energy credits. Subtitle D: Study of Tax and Rate Treatment of Renewable Energy Projects - Directs the Secretary of Energy to study and report to the Congress on the tax and rate treatment of renewable energy projects. Subtitle E: Encouragement of Energy Recovery From Waste - Requires each Federal agency to adopt policies and institute regulatory changes to encourage and remove regulatory obstacles to the burning of high-BTU secondary materials as a fuel substitute. Title IV: Electric Power - Subtitle A: Public Utility Holding Company Act Reform - Sets forth regulatory guidelines for the treatment of public utility holding companies as exempt wholesale generators. Subtitle B: Miscellaneous - Amends the Federal Power Act to mandate that FERC, as a prerequisite to approving a rate or charge filed as the result of an agreement between a public utility and a wholesale seller, require the purchasing utility to certify that the charge conforms to its least-cost planning as approved by a regulatory authority, or, if no such plan exists, that the charge is less than, or equal to, the utility's avoided cost. Authorizes appropriations to the Secretary of Energy for electronic switching research. Requires the Secretary to study and report to the Congress on legislative and regulatory reforms and incentives to provide improved electric transmission transfer capability between the councils comprising the North American Electric Reliability Council. Title V: Natural Gas Regulatory Reform - Directs FERC to: (1) issue regulations to expedite pipeline certifications; and (2) report to certain congressional committees on recommended reforms to facilitate increased deliverability of natural gas to consumers. Amends the Natural Gas Act to provide that, for purposes of the National Environmental Policy Act of 1969, a FERC certificate of public convenience and necessity for a natural gas facility construction or extension is the only Federal action requiring a detailed environmental impact statement. Directs FERC to permit natural gas facility construction on operation applicants to prepare such statements. Amends the Natural Gas Policy Act of 1978 to authorize an interstate pipeline to construct facilities incidental to transportation service upon 30 days notice to the affected State commission. Amends the Natural Gas Act to declare that a natural gas transportation rate mutually agreed-upon by a natural-gas company and the customer is deemed just and reasonable and in compliance with this Act. Sets forth expedited certification procedures for natural gas transportation and related facilities construction. Provides for the construction and operation of natural gas transportation facilities with an option not to obtain a certificate of public convenience and necessity (thus taking such facility out of the jurisdiction of the Act). Sets forth deadlines for a rehearing under the Natural Gas Act. Declares that facilities repair or replacement does not require a certificate of public convenience and necessity. Sets forth certification procedures for priority natural gas facility. Title VI: Oil and Gas Production - Subtitle A: Arctic Coastal Plain Domestic Energy Leasing - Arctic Coastal Plain Domestic Energy Leasing Act of 1991 - Directs the Secretary of the Interior to implement a competitive oil and gas leasing program for the Coastal Plain Study Area of the Arctic National Wildlife Refuge. States that this Act shall be considered the primary land management authorization for all exploration and production activities on the Coastal Plain. Provides that no land management review shall be required except as specifically authorized by this Act. Mandates that all receipts from sales, rentals, bonuses, and royalties on leases under this Act be deposited into the Treasury. Directs the Secretary to promulgate regulations to ensure that oil and gas exploration and transportation activities are conducted to achieve the reasonable protection of animal and environmental resources (including subsistence uses of the Coastal Plain). States that the "Arctic National Wildlife Refuge, Alaska, Coastal Plain Resource Assessment," prepared by the Secretary, satisfies all legal requirements for such promulgation and that no further studies or assessments shall be required. Directs the Secretary to provide impact aid and other assistance to communities on the North Slope and elsewhere in Alaska in order to ensure the public services needed to accommodate oil and gas production and transportation activities on the Coastal Plain. Subtitle B: Tax Incentives for Oil and Natural Gas Exploration and Production - Amends the Internal Revenue Code (IRC) to allow as an income tax credit 15 percent of: (1) any qualified investment in crude oil and natural gas exploration activities; and (2) the qualified cost of each barrel of eligible crude oil (marginal production credit). Declares that intangible drilling and development costs with respect to oil and gas wells shall also apply to surface casting costs and geological and geophysical costs for ascertaining the existence, location, extent or quality of domestic oil or gas deposits (thus qualifying them for deduction). Repeals the taxable income limitation on oil and gas well depletion allowances. Defines tar sands for IRC purposes. Removes from the alternative minimum tax purview oil and gas well depletion allowances and intangible drilling costs. Declares that the tax treatment with respect to mineral sharing arrangements shall be determined without regard to Revenue Ruling 77-176. Subtitle C: Oil Pipeline Deregulation - Oil Pipeline Regulatory Reform Act - Amends the Department of Energy Organization Act to terminate FERC jurisdiction over oil and other pipelines except the Trans-Alaska Pipeline. Authorizes the Attorney General to petition the Secretary of Energy (the Secretary) for an adjudication of whether Commission rate regulation of an existing pipeline in any market is in the public interest. Prescribes adjudication guidelines. Provides that pipeline rates for service to markets which are not identified in a mandatory published adjudications list will no longer be subject to FERC regulatory jurisdiction. Prescribes adjudication guidelines under which the Secretary shall find that regulation of a pipeline is in the public interest only if it is demonstrated that such regulation is necessary to constrain the exercise of substantial market power in the supply and demand of products transported by the pipeline in that market. States that new pipelines shall not be subject to existing Commission regulatory jurisdiction or rate regulation, but shall be subject to common carrier regulation under such Act. States that Commission rate regulation shall be prospective only. Prohibits terminated Commission regulatory jurisdiction from reverting to any other Federal agency. Confers exclusive, original jurisdiction over any petition for judicial review upon the U.S. Court of Appeals for the District of Columbia Circuit. Precludes from such judicial review any action of the Attorney General under this Act, including adjudication petitions. Outlines the parameters within which pipelines are required to operate as common carriers. Requires pipelines to file terms of carriage schedules (except carriage rates) with the Commission. Sets forth guidelines for maximum rates, on a market by market basis, subject to price cap regulation based on base rates and cumulative changes in a Competitive Pipeline Price Index. Precludes a pipeline from conditioning its services upon entering into other transactions or on taking or refraining from any action. Requires the Secretary to report to the Congress regarding the results of this Act five years after the conclusion of all adjudications. Retains the applicability of antitrust laws to pipeline transportation of crude oil or refined oil products. Subtitle D: Leasing of Naval Petroleum Reserve - Naval Petroleum Reserve Leasing Act - Authorizes the President to lease Naval Petroleum Reserve Numbered 1 (California) if it is not necessary for national defense purposes. Sets forth leasing and antitrust guidelines. Mandates the use of competitive leasing procedures, minimum royalty payments, and crude oil set asides for sale to small refiners by Reserve lessees. Authorizes the President to take certain steps to arrange and conduct a leasing action. Authorizes the President to acquire privately owned lands or physical improvements within a Naval Petroleum Reserve if a lease of Naval Petroleum Reserve Numbered 1 cannot be arranged. Amends the Energy Policy and Conservation Act to authorize the Secretary of Energy (the Secretary) to store within the Strategic Petroleum Reserve a Defense Petroleum Inventory of petroleum products (in addition to any other acquisition and storage for such Reserve required by law). Directs the Secretary to obligate the United States share of funds available in the Naval Petroleum Reserve Lease Proceeds Special Account (created by this Act) for the acquisition of 10,000,000 barrels of petroleum products for the Defense Petroleum Inventory. Declares that upon request of the Secretary of Defense: (1) petroleum products acquired for or dedicated to the Defense Petroleum Inventory shall be drawn down and distributed by the Secretary of Energy for the Department of Defense for use, sale, or exchange; and (2) the Secretary of Energy shall replace in the Defense Petroleum Inventory those petroleum products drawn down on behalf of the Department of Defense. Requires the Department of Defense to reimburse the Department of Energy for services rendered under this Act. Establishes the Naval Petroleum Reserve Lease Proceeds Special Account in the Treasury to implement this Act. Funds such Special Account with amounts realized from the lease of any United States interest in Naval Petroleum Reserve Numbered 1. Sets forth a payment scheme under which lease proceeds shall be used to make payments to the State of California. Declares that: (1) the authority to lease under this Act extends to specified sections within Naval Petroleum Reserve Numbered 1; and (2) this Act does not affect the withdrawal of lands provided for in certain school land grants. Subtitle E: Outer Continental Shelf Local Impact Assistance - Coastal State and Community Outer Continental Shelf Impact Assistance Act - Establishes the Coastal State and Community Outer Continental Shelf Impact Assistance Fund whose revenues shall be paid to and used by coastal States, especially for subdivisions socially or economically impacted by mineral development on the Outer Continental Shelf. Subtitle F: Western Hemisphere Energy Policy - Directs the President to report to the Congress on actions taken to implement U.S. policy to focus attention in trade negotiations and international consultations on investment policies that expand worldwide production capacity and diversity of oil suppliers. Title VII: Coal and Coal Technology - Directs the Secretary of Energy to: (1) conduct (and report annually to the Congress regarding) an advanced coal-based technologies research and development program; and (2) submit to the Congress a domestic coal export expansion plan. Establishes the Clean Coal Technology Export Coordinating Council to: (1) expand the export and use of clean coal technologies with an emphasis on their use in lesser developed countries; and (2) provide certain congressional committees with a plan detailing actions to be taken to address specified recommendations of the Secretary. Requires the Secretary to: (1) submit a status report to the Congress on commercialization of coal fuel mixtures; and (2) conduct a research and demonstration program for utilizing "ultra-clean coal-water slurry" in diesel locomotive engines. Authorizes appropriations. Amends the Internal Revenue Code to restore investment credits for pollution devices required by the Clean Air Act Amendments of 1990. Title VIII: Nuclear - Nuclear Standardization and Safety Reform Act of 1991 - Subtitle A: Licensing Reform - Amends the Atomic Energy Act of 1954 to direct the Nuclear Regulatory Commission (NRC) to issue a combined construction and operating license to an applicant after holding a public hearing and determining that facility construction and operation will comply with NRC rules and regulations. Directs the NRC to propose implementing regulations regarding combined license applications. Subtitle B: Amendment of PUHCA - Amends the Public Utility Holding Company Act of 1935 (PUHCA) to require the Securities and Exchange Commission to exempt a public utility holding company from coverage under such Act if it controls utility assets pursuant to an NRC-approved management agreement and otherwise meets at least one of the other criteria for exemption. Permits the acquisition of securities of a public utility company controlling utility assets by an affiliate or an affiliate of another public utility or holding company if the control is pursuant to such an agreement. Subtitle C: Fast Flux Test Facility - Directs the Secretary of Energy to establish a research, development, and production center known as the "Research Reactor User Complex" (RRC) at the Hanford Reservation in Richland, Washington. Mandates that a contractor under contract with the Department of Energy to operate the RRC maintain and operate the Fast Flux Test Facility for the Department's account. Establishes the "RRC Fund" from which the Secretary may make expenditures to offset the cost of operating the RRC. Subtitle D: Effective Date - Sets forth the effective date of this title.
United States · United States Congress · 21 March 1991
Expresses the sense of the Congress that U.S. nationals conducting industrial cooperation projects in China or Tibet should adhere to specified principles, including to: (1) suspend the use of merchandise manufactured by convict or forced labor; (2) seek to ensure political and religious freedom without fear of one's employment status; (3) ensure that methods of production do not pose a danger to project employees and the surrounding environment; (4) strive to use business enterprises that are not controlled by China; and (5) promote human rights in China. Requires the Secretary of State to forward a copy of such principles to member nations of the Organization for Economic Cooperation and Development and encourage them to promote such principles. Requires each U.S. national to register with the Secretary of State and indicate whether they agree to implement such principles. Sets forth specified reporting requirements.
United States · United States Congress · 21 March 1991
Declares that the United States should: (1) encourage the Government of Papua New Guinea to make available the findings and implement the recommendations of the Commission of Inquiry Into Aspects of the Forest Industry; (2) provide technical and financial assistance to achieve these ends; (3) call upon the Government of Japan to investigate the activities of certain private Japanese corporations and official aid agencies in violating laws in Papua New Guinea and in causing the destruction of tropical forests; (4) seek the enactment of tax treaties and other arrangements with the governments of Papua New Guinea and other timber exporting countries to prohibit illegal activities and falsification of trade information; (5) work to reduce Japan's consumption of timber and regulate its trade to ensure that timber traded comes from sustainable sources; and (6) call upon the International Tropical Timber Organization to create a system under which all internationally traded tropical timber is authenticated to ensure its true origin, species, volume, value, and price and to ensure that all timber traded by the end of 1994 comes only from sources managed without harm to the environment and societies in timber-exporting nations.
United States · United States Congress · 20 March 1991
Replacement and Alternative Fuels Act of 1991 - Requires the Secretary of Energy to establish a program to: (1) promote the development and use of domestic-produced replacement and alternative fuels to replace conventional petroleum motor fuels; and (2) ensure the availability of those replacement and alternative motor fuels which will have the greatest impact in improving air quality. Prescribes development plan and production goals. Sets a timetable by which the Secretary must prescribe the minimum percentage of domestic-produced replacement and alternative fuels on an energy equivalent basis to be sold in specified calendar years by any refiner for use as a motor fuel. Prescribes minimum percentages of domestically produced replacement fuel to be sold in specified calendar years. Requires the Secretary to promulgate regulations for the exchange of marketable credits among: (1) refiners; (2) distributors of alternative motor fuels sold in commerce for transportation purposes; and (3) manufacturers of electricity-powered automobiles. Requires each refiner to report annually to the Secretary the percentage of domestic-produced replacement fuel, on an energy equivalent basis, contained in the total quantity of motor fuel sold during the preceding calendar year, and the amount of alternative motor fuels, sold or credited to such refiner during such year. Requires each distributor of alternative fuel to report annually to the Secretary the amount of alternative fuel sold into commerce for transportation purposes, and the amount of credits sold to refiners. Requires the Secretary of Transportation to report annually to the Secretary of Energy the number of dual fuel and dedicated alternative fuel vehicles manufactured and sold into commerce by each manufacturer each year. Requires the Administrator of the Environmental Protection Agency to report to the Congress on the environmental impact potential of developing replacement fuels and alternative motor fuels. Amends the Motor Vehicle Information and Cost Savings Act to provide that if the average fuel economy standard applicable to passenger automobiles is increased above a specified level for any model year, the Secretary of Transportation may increase the maximum increase in average fuel economy for a manufacturer attributable to dual energy and natural gas dual energy automobiles to the extent that alternative and replacement motor fuel sales indicate that such fuels are being used to displace the use of conventional petroleum as a motor fuel. Establishes civil penalties for violations of this Act. Authorizes appropriations. Requires the Secretary of Transportation to issue regulations requiring certain gasoline retailers to have available for sale, in addition to replacement motor fuels, other alternative motor fuels.
United States · United States Congress · 20 March 1991
Declares that Saddam Hussein and the current Iraqi regime should be held liable under United Nations Security Council Resolution 686 for the costs resulting from the release of oil into the Persian Gulf and the torching of oil wells in Kuwait.
United States · United States Congress · 20 March 1991
National Electric Vehicle Act of 1991 - Title I: Electric Vehicle and Battery Research and Development Program - Defines "advanced battery technology" to mean electro-chemical storage devices, including fuel cells, and associated technology to charge such devices, for use as a power source in electric vehicles. Directs the Secretary of Energy to establish a cooperative program with the electric utility industry, the automobile industry, and such other persons or industries to conduct joint cooperative research and development projects in areas of: (1) high efficiency electric power trains; (2) light-weight body structures; (3) advanced battery technology for electric vehicles; (4) primary batteries and fuel cells for hybrid vehicles; and (5) photovoltaics for electric vehicles. Authorizes the Secretary to include in such program any projects that were entered into under the Federal Nonnuclear Energy Research and Development Act of 1974 or the Electric and Hybrid Vehicle Research, Development, and Demonstration Act of 1976. Requires the Secretary to prepare a comprehensive multi-year program plan for implementation of this title. Requires the Secretary to conduct a program designed to accelerate wider application of advanced electric vehicle technology, including advanced battery technologies. Requires the Secretary to consult with the Administrator of the Environmental Protection Agency and the Secretary of Transportation. Authorizes appropriations. Title II: Electric Vehicle Commercial Demonstration Program - Subtitle A: Electric Vehicle Cost-Share Commercial Demonstrations - Requires the Secretary to request proposals to demonstrate electric vehicles and associated equipment in one or more eligible metropolitan areas. Sets forth specified information to be included in such proposal. Authorizes the Secretary to select one or more proposals (not to exceed ten) to receive financial assistance under this section. Sets forth criteria to be used by the Secretary in selecting a proposal. Requires the Secretary to provide a discount payment reimbursing a proposer for a discount provided to users of electric vehicles if the proposer makes a specified certification to the Secretary. Requires the Secretary to report annually to the Congress on the progress of demonstration projects to accelerate the development and use of electric vehicles. Authorizes appropriations. Subtitle B: Data Acquisition Program - Directs the Secretary to establish a data collection program to be conducted in at least five geographically and climatically diverse regions in the United States which would be useful to persons seeking to manufacture, sell, own, or operate electric vehicles or other clean alternative fuel vehicles. Subtitle C: Federal Fleet Demonstration Program - Amends the Energy Policy and Conservation Act to require the Secretary to ensure that the maximum number of passenger automobiles and light duty trucks acquired for use by the Federal Government be alcohol powered vehicles, dual energy vehicles, natural gas powered vehicles, natural gas dual energy vehicles, or electric vehicles. Authorizes appropriations. Title III: Electric Vehicle Infrastructure Development Program - Subtitle A: Infrastructure Joint Venture Program - Directs the Secretary to enter into joint ventures with one or more non-Federal persons for cost-shared research, development, or demonstration of an infrastructure program or system designed to support the use of electric vehicles. Requires the Secretary to solicit no more than five different proposals for such joint ventures. Authorizes appropriations. Subtitle B: State and Local Incentives Programs - Directs the Secretary to issue regulations establishing guidelines for comprehensive State electric vehicle and other clean alternative fuel vehicle incentives and implementation plans designed to accelerate the use of such vehicles. Sets forth specified requirements with respect to such State plans. Authorizes the Secretary to provide Federal assistance to such States. Requires the Secretary to undertake a study to determine the means by which electric utilities may invest in, own, sell, lease, or service batteries used to power electric vehicles. Authorizes appropriations.
United States · United States Congress · 20 March 1991
National Institutes of Health Revitalization Amendments of 1991 - Title I: General Provisions Regarding Title IV of Public Health Service Act - Subtitle A: Research Freedom - Part I: Review of Proposals for Biomedical and Behavioral Research - Amends the Public Health Service Act to require review and approval, by an Institutional Review Board, a peer review group, or other entity, of research before the Secretary of Health and Human Services may approve the research or fund applications. Prohibits the Secretary from withholding funding, on ethical grounds, from research which has been so approved unless an ethics advisory board recommends withholding. Part II: Research on Transplantation of Fetal Tissue - Allows the Secretary to conduct or support research on the transplantation of human fetal tissue for therapeutic purposes, regardless of whether the tissue to is obtained from a spontaneous abortion, an induced abortion, or a stillbirth, in accordance with State and local law. Establishes criminal penalties for knowingly acquiring, receiving, or otherwise transferring any human fetal tissue for valuable consideration. Excludes from the term "valuable consideration" reasonable payments associated with the transportation, implantation, processing, preservation, quality control, or storage of human fetal tissue. Prohibits any official of the executive branch from imposing a policy that the Department of Health and Human Services is prohibited from conducting or supporting any research on the transplantation of human fetal tissue for therapeutic purposes. Prohibits the Secretary from withholding funds for research which meets requirements of this subtitle. Deems a specified report of the Human Fetal Tissue Transplantation Research Panel to: (1) be issued by an ethics advisory board under provisions of this subtitle; and (2) find that there are no ethical grounds for withholding funds for research on transplantation of human fetal tissue for therapeutic purposes. Part III: Technical and Conforming Amendments - Removes provisions requiring a study of the nature, advisability, and biomedical and ethical implications of exercising any waiver of a specified risk standard relating to fetal research. Subtitle B: Clinical Research Equity Regarding Women and Minorities - Part I: Women and Minorities as Subjects in Clinical Research - Requires the Director of the National Institutes of Health (NIH) and the Administrator of the Alcohol, Drug Abuse, and Mental Health Administration (ADAMHA), in conducting and supporting research, to ensure that: (1) women and minorities are included as subjects in each project; and (2) research is conducted so as to provide for a valid analysis of whether the variables being tested affect women or minorities differently than other research subjects. Requires technical and scientific peer review to include an evaluation of compliance with these requirements. Part II: Offices of Women's Health Research - Establishes within each of the Office of the Director of NIH and the Office of the ADAMHA Administrator an Office of Women's Health Research to identify projects of women's health (and, for ADAMHA, mental health) research and promote sufficient resource allocation for the conduct or support of the projects by NIH and ADAMHA. Requires the Directors of each Office to establish a Women's Health Research Coordinating Committee and a Women's Health Research Advisory Committee. Requires the Director of NIH to: (1) establish a single data system regarding women's health research conducted or supported by NIH or ADAMHA; and (2) establish and operate a program to provide information on research and prevention activities of NIH and ADAMHA relating to women's health and gender differences. Directs the Secretary: (1) through the Directors of the Offices of Women's Health Research, to contract for a study of how women's health research can be facilitated by the NIH Director and the ADAMHA Administrator; and (2) to request the Institute of Medicine of the National Academy of Sciences to enter into the contract. Subtitle C: Scientific Integrity - Amends provisions relating to scientific fraud or scientific misconduct to establish within the Office of the Director of NIH the Office on Scientific Integrity. Provides for the protection of whistleblowers and for the avoidance of conflicts of interest. Title II: Protection of Health Facilities - Prohibits stealing or otherwise converting personal property or damaging real property of a health facility assisted under the Public Health Service Act, or deterring, through physical restraint, any individual from entering or exiting the facility. Includes in the prohibitions various acts interfering with the use of animals for research. Provides for fines, imprisonment, restitution, and private civil actions. Title III: National Institutes of Health in General - Directs the Secretary to establish in the Office of the Director of NIH the Advisory Committee on Health Sciences to periodically review the missions of each of the agencies of NIH for the purpose of advising the NIH Director, the Secretary, and the Congress on any modifications in the organizational structure of NIH. Requires the approval of the Committee in order for the Secretary to establish, reorganize, or abolish a national research institute. Mandates preparation and implementation of a plan, regarding biomedical research and experimentation conducted or supported by NIH, for methods that: (1) do not require the use of animals; (2) reduce the number of animals used; and (3) produce less pain and distress in animals. Requires measures to encourage acceptance by and training scientists in such methods. Establishes the Interagency Coordinating Committee on the Use of Animals in Research. Repeals similar provisions, relating to a plan on animal research and a coordinating committee, of the Health Research Extension Act of 1985. Removes provisions of the Public Health Service Act allowing members of advisory councils to serve after the expiration of their terms until successors have taken office. Title IV: General Provisions Respecting National Research Institutes - Requires that the Secretary, through the director of each of the national research institutes, receive directly all funds appropriated for the institute. Removes provisions allowing the Director of the National Cancer Institute (NCI) to directly receive NCI funds. Excludes peer review groups under specified provisions from the application of the Federal Advisory Committee Act. Requires the Director of NIH to: (1) carry out a program to expand and intensify research on osteoporosis, Paget's disease, and related bone disorders in addition to research authorized under other Federal law; (2) establish the Advisory Board on Osteoporosis, Paget's Disease, and Related Bone Disorders; and (3) enter into a grant, cooperative agreement, or contract to establish an information clearinghouse on osteoporosis and related bone disorders. Authorizes appropriations. Title V: National Cancer Institute - Authorizes appropriations for the National Cancer Institute. Title VI: National Heart, Lung, and Blood Institute - Authorizes the National Heart, Lung, and Blood Institute (NHLBI) to conduct programs of training and education, including continuing education and laboratory and clinical research training. Title VII: National Institute on Aging - Transfers provisions of the Health Research Extension Act of 1985 establishing an Alzheimer's disease registry to provisions of the Public Health Service Act relating to the National Institute on Aging (NIA). Authorizes appropriations for the NIA. Title VIII: National Institute of Allergy and Infectious Diseases - Authorizes the Director of the National Institute of Allergy and Infectious Diseases to make grants or enter into contracts for the development and operation of centers to conduct basic and clinical research on chronic fatigue syndrome. Title IX: National Institute of Child Health and Human Development - Subtitle A: Research Centers With Respect to Contraception and Research Centers With Respect to Infertility - Requires the Director of the NICHHD to make grants and enter into contracts for the development and operation of centers to conduct contraception research and centers to conduct infertility research. Directs the Secretary to establish a program of educational loan repayments for health professionals who agree to conduct research on contraception or on infertility. Authorizes appropriations. Subtitle B: Program Regarding Obstetrics and Gynecology - Requires the Director of the NICHHD to establish an intramural laboratory and clinical research program in obstetrics and gynecology. Subtitle C: Child Health Research Centers - Requires the Director of the NICHHD to develop and support centers for conducting research on child health, giving priority to clinical applications of basic research findings. Title X: National Institute of Neurological Disorders and Stroke - Requires the Director of the National Institute of Neurological Disorders and Stroke to conduct and support research on multiple sclerosis. Title XI: National Institute of Environmental Health Sciences - Establishes in the National Institute of Environmental Health Sciences the Applied Toxicological Research and Testing Program. Title XII: National Library of Medicine - Subtitle A: General Provisions - Adds to the list of functions of the National Library of Medicine (NLM) that of publicizing NLM products and services and promoting the use of computers and telecommunications by health professionals. Allows the NLM to make available its materials, facilities, or services under licensing arrangements that provide for quality control and full recovery of access costs. Authorizes appropriations to carry out provisions relating to: (1) the NLM and other medical libraries, including regional medical libraries; (2) training in medical library sciences; and (3) biomedical publications. Subtitle B: Financial Assistance - Directs the Secretary to make grants for research on, and development and demonstration of, new education technologies. Subtitle C: National Center for Biotechnology Information - Authorizes appropriations for the National Center for Biotechnology Information. Subtitle D: National Information Center on Health Services Research, Health Care Technology, and Health Care Technology Assessment - Establishes in the NLM the National Information Center on Health Services Research and Health Care Technology. Removes similar provisions from provisions relating to the Agency for Health Care Policy and Research. Title XIII: Other Agencies of National Institutes of Health - Subtitle A: Division of Research Resources - Redesignates the Division of Research Resources as the National Center for Research Resources. Authorizes the Director of NIH to reserve up to a specified sum to improve regional centers for research on primates. Subtitle B: National Center for Human Genome Research - Adds the National Center for Human Genome Research to the list of agencies of NIH. Declares that the purpose of the Center is to characterize the structure and function of the human genome, including the mapping and sequencing of individual genes. Requires the Director of the Center to make available a minimum percentage of funds for carrying out provisions relating to ethical issues associated with the genome project. Title XIV: Awards and Training - Subtitle A: National Research Service Awards - Directs the Secretary to make grants for comprehensive programs to recruit women and individuals from disadvantaged backgrounds into fields of biomedical or behavorial research and to provide research training to women and such individuals. Authorizes appropriations for payments and grants under National Research Service Awards. Subtitle B: Acquired Immune Deficiency Syndrome - Allows the Secretary, under a loan repayment program for research with respect to acquired immune deficiency syndrome (AIDS) established by existing provisions, to enter into a repayment agreement with a health professional who agrees to conduct AIDS research at NIH for at least three years, provided other conditions are met. Authorizes appropriations. Subtitle C: Scholarship and Loan Repayment Programs Regarding Professional Skills Needed by National Institutes of Health and by Alcohol, Drug Abuse, and Mental Health Administration - Directs the Secretary, through the Director of NIH and the Administrator of ADAMHA, to establish programs of scholarships for undergraduate education for individuals from disadvantaged backgrounds who are underrepresented in professions needed by NIH and ADAMHA in return for the scholarship recipient's agreeing to serve as employees of NIH or ADAMHA for a prescribed period. Requires that the Director and the Administrator: (1) carry out activities to facilitate the interest of the individuals in pursuing careers as employees of NIH and ADAMHA; and (2) approve the academic program of each individual. Directs the Secretary, through the Director and the Administrator, to establish programs for repaying educational loans for individuals from disadvantaged backgrounds who have a substantial amount of education loans relative to income in return for the repayment recipients agreeing to conduct clinical research as employees of NIH or ADAMHA. Limits the NIH scholarship and loan programs to an aggregate of 40 contracts and the ADAMHA programs to an aggregate of 10 contracts. Title XV: Research with Respect to Acquired Immune Deficiency Syndrome - Modifies the duties of the AIDS Clinical Research Review Committee, including requiring the Committee to give advice to other agencies of NIH as well as to the National Institute of Allergy and Infectious Diseases (NIAID). States that the requirement that the clinical evaluation units at the National Cancer Institute and NIAID conduct evaluations of treatments for acquired immune deficiency syndrome (AIDS) includes evaluations of treatments for opportunistic cancers and infectious diseases. Authorizes appropriations for model protocols for the clinical care of individuals infected with the etiologic agent for AIDS. Requires the Director of NIH to develop and implement a comprehensive plan for the conduct and support of AIDS research by NIH agencies. Title XVI: Miscellaneous Provisions - Directs the Secretary to report to specified congressional committees on the appropriateness and impact of NIH's assuming responsibility for all Federal research, development, testing, and evaluation functions relating to the medical aspects of biological agents in the development of defenses against biological warfare. Designates each member of the Senior Biomedical Research as a Conte fellow. Increases the maximum number of members of the Service. Title XVII: Effective Date - Sets forth the effective date of this Act.
United States · United States Congress · 20 March 1991
Student Counseling and Assistance Network Act of 1991 - Directs the Secretary of Education (the Secretary) to award two-year technical assistance grants to local educational agencies (LEAs) to obtain specialized training for guidance counselors, teachers, and principals to counsel students about college opportunities, precollege requirements, college admissions procedures, and financial aid opportunities. Gives priority to LEAs serving school districts with significantly high proportions of students who do not continue on to higher education and who are educationally disadvantaged. Sets forth planning, evaluation, and reporting requirements. Directs the Secretary to award grants to develop model programs for: (1) counseling students about college opportunities, precollege requirements, college admissions procedures, and financial aid opportunities, in ways designed or customized for use in specific geographic, social, and cultural environments; or (2) stimulating community partnerships with schools by providing tutoring, mentoring, work experiences, and other support services to make postsecondary education a realistic goal for all students. Gives priority to model programs directed at areas with a high proportion of minority, economically disadvantaged, or at-risk students. Sets forth requirements for: (1) either tailoring to a specific environment or community partnership with local businesses, labor organizations, or community groups; and (2) measurement of goals and outcomes. Directs the Secretary to collect, and disseminate through the National Diffusion Network, information on: (1) successful programs for counseling students about college and for early intervention to help them stay in school and pursue postsecondary education; and (2) model programs for counseling students in specific environments and for community partnership support services to make postsecondary education a realistic goal. Directs the Secretary to award a contract to establish and maintain: (1) a computerized database of all public and private student financial assistance programs, accessible to schools and libraries through modems or toll-free telephone lines; and (2) a toll-free information line to provide individualized student financial assistance information. Directs the Secretary to encourage private nonprofit agencies and organizations to work with video producers to develop and deliver public service announcements and paid advertising messages encouraging economicaly disadvantaged, minority, or at-risk individuals to seek higher education and education and student aid counseling at public schools and libraries. Directs the Secretary to keep the appropriate congressional committees informed of such efforts and recommend any additional legislative authority to serve such purposes. Sets forth administrative authority under this Act. Authorizes appropriations for technical assistance grants, model program grants, dissemination activities, and the data base and information line.
United States · United States Congress · 20 March 1991
Battery Recycling and Research Act - Amends the Solid Waste Disposal Act to prohibit the disposal of used lead-acid batteries except through recycling as specified under this Act. Requires any individual, retail or wholesale seller, or manufacturer of such batteries to dispose of them only by delivery to an authorized secondary lead smelter, an authorized collection or recycling facility, or other specified entities. Sets penalties for violations of this Act. Establishes additional battery collection requirements, including requirements that: (1) retailers give written notice to customers about the illegality of improperly discarding used motor vehicle, and other types of, lead-acid batteries; and (2) retailers, wholesalers, and manufacturers accept such batteries for recycling without charge. Authorizes the Administrator of the Environmental Protection Agency to: (1) prescribe regulations, including a model notice for use by retailers; and (2) inspect any establishment subject to this Act and issue warnings and citations to individuals for failures to comply. Prohibits the sale of any lead-acid battery not bearing a permanent label containing information about the illegality of improper disposal and the requirement that retailers must accept used lead-acid batteries for recycling in exchange for new batteries purchased. Directs the Administrator to study and report to the Congress on the disposal and potential recyclability of household dry-cell batteries.
United States · United States Congress · 20 March 1991
Amends the Solid Waste Disposal Act to require States to adopt 20-year solid waste management plans. Authorizes a State which has adopted such a plan to enact and enforce laws imposing fees on, and regulating the treatment and disposal of, solid waste within such State that was generated in another State. Requires States, at least once every five years, to report to the Environmental Protection Agency (EPA) on the implementation of plans. Grants congressional approval to two or more States to enter into compacts for cooperative efforts and mutual assistance in solid waste management. Authorizes the EPA Administrator to promulgate regulations exempting waste types or recycling practices from management under this Act if such exemption promotes the development of an interstate market for recyclable materials or environmentally sound waste disposal practices. Permits any person to petition for the promulgation of such regulations.
United States · United States Congress · 20 March 1991
Tire Recycling Promotion Act - Directs the Secretary of Commerce to appoint a Director of Recycling Research and Information. Requires the Director to: (1) make grants to support research and development and studies related to innovative recycling technology, waste tire management, and manufacturing strategies to facilitate tire recycling; and (2) collect and disseminate information on tire reclamation technologies and markets for used tires. Directs the Secretary to work to increase economic opportunities for tire recycling. Authorizes appropriations.
United States · United States Congress · 20 March 1991
Oil Spill Tax Act - Amends the Internal Revenue Code relating to trade or business expenses to disallow the deduction for oil and hazardous substances cleanup costs if the Secretary of the Treasury receives notification from the relevant authority that the taxpayer has failed to comply with specified Federal environmental law. Disallows such deduction where it can be shown that the oil or hazardous substance discharge was the result of willful negligence or willful misconduct. Reduces the tax attributes of the taxpayer by the amount disallowed. Disallows a deduction for losses resulting from any oil or hazardous substance discharge if the cleanup costs of such discharge are disallowed as a deduction. Sets forth time limits for: (1) the Secretary to assess any deficiency attributable to the notification of noncompliance with Federal environmental law; and (2) the taxpayer to file a claim for credit or refund attributable to receipt of such notification. Establishes an account in the Treasury to consist of the increase in revenues resulting under this Act. Makes such amounts available for: (1) the revolving fund under the Federal Water Pollution Control Act for expenses related to removal of discharged oil; or (2) the Hazardous Substance Superfund. Directs the Secretary to report to specified congressional committees on the decrease of Federal revenues because of the allowance of the deduction for oil and hazardous substances cleanup costs. Requires the Secretary to report annually to such committees on the amount expended on environmental cleanup costs and the amount accruing to the Treasury by reason of the disallowance of such deduction.
United States · United States Congress · 20 March 1991
Requires the Architect of the Capitol to replace all incandescent light bulbs, with specified exceptions, in the House of Representatives office buildings with compact fluorescent light bulbs. Requires the Comptroller General to study and report to the House on the economic and environmental effects of the program, together with recommendations for implementing a similar program in all Federal office buildings.
United States · United States Congress · 19 March 1991
Amends the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) to direct the Administrator of the Environmental Protection Agency to maintain a facility to conduct biological testing of pesticides. Requires the Administrator to conduct tests at the facility to: (1) verify data submitted by pesticide registration applicants; and (2) test marketed pesticides to ensure compliance with FIFRA. Makes reregistration fees available to the Administrator to maintain such facility.
United States · United States Congress · 19 March 1991
Pipeline Safety Act of 1991 - Amends the Natural Gas Pipeline Safety Act of 1968 and the Hazardous Liquid Pipeline Safety Act of 1979 to require Federal safety standards for the transportation of gas and hazardous liquids through pipelines to meet the need for protection of the environment as well as pipeline safety. Requires the Secretary of Transportation to issue regulations establishing criteria for the identification by operators of: (1) gas pipelines (except natural gas distribution lines) that are located in high-density population areas; and (2) hazardous liquid pipelines and gathering lines that are located in areas unusually sensitive to environmental damage, that cross a river, or that are located in high-density population areas. Requires the Secretary to issue regulations requiring a periodic instrumented internal inspection of such pipelines and gathering lines. Directs the Secretary to develop an instrumented internal inspection device (smart pig) capable of detecting potential seam failures, including those in electric resistance weld pipe. Requires the Secretary to submit to the Congress a report on the status of the development of such device. Requires the Secretary to issue regulations prescribing the circumstance under which operators of natural gas distribution systems must install excess flow valves in such systems. Authorizes the Secretary to waive such requirements. Revises the composition of the Technical Pipeline Safety Standards Committee and the Technical Hazardous-Liquid Pipeline Safety Standards Committee to include on such committees two members who have education, background, or experience in environmental protection. Makes the application of Federal safety standards for the transportation of gas and hazardous liquids by pipeline mandatory with respect to the design, installation, inspection, testing, maintenance, and construction of such pipelines. (Currently, such application is discretionary only.) Requires such standards to include a requirement that operators of such pipelines be tested and certified to recognize and appropriately react to abnormal operating conditions of pipelines which may indicate a dangerous situation or a condition exceeding design limits. Prohibits the Secretary from exempting from Federal safety standards for the transportation of hazardous liquids any pipeline solely on the basis that such pipeline operates at low internal stress. Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to direct the Secretary of Transportation to establish a schedule of fees based on, in the case of pipelines not in operation, the performance of activities by the Secretary of Transportation under the Natural Gas Pipeline Safety Act of 1968 or the Hazardous Liquid Pipeline Safety Act of 1979 in preparation for the operation of such pipelines. Requires the Secretary to issue regulations establishing a periodic inspection program for: (1) all offshore gas and hazardous liquid pipelines; and (2) other such pipelines which cross navigable waters and could pose a hazard to navigation or public safety. Prohibits the Secretary from exempting from regulation under this Act any offshore pipeline solely on the basis that such pipeline serves to transfer hazardous liquids in underwater pipelines between vessels and onshore facilities. Redefines the term "transportation of gas" to include the movement of gas and hazardous liquids through regulated gathering lines. Directs the Secretary to define by regulation the term "gathering lines". Revises specified reporting requirements with respect to State safety standards regarding pipeline transportation of gas and hazardous liquids. Amends the Solid Waste Disposal Act to revise the definition of "underground storage tank". Authorizes appropriations.
United States · United States Congress · 19 March 1991
San Carlos Indian Irrigation Project Divestiture Act of 1991 - Directs the Secretary of the Interior to transfer U.S. interests in the electrical system of the San Carlos Irrigation Project (SCIP) in Arizona to: (1) the Gila River Indian Community (GRIC) and the San Carlos Apache Tribe (SCAT) for the portions of the system on their reservations; and (2) the San Carlos Irrigation and Drainage District (SCIDD) for remaining portions. Directs the Secretary to negotiate an agreement with GRIC, SCAT, and SCIDD for the transfer of associated assets and to distribute those assets in a manner that reflects the proportionate number of miles of distribution line to be transferred to GRIC, SCAT, and SCIDD. Requires the Secretary to retain ownership of the electric generating and maintenance facilities located in the power house and switchyard at Coolidge Dam. Directs the Secretary to establish the Environmental Protection Account, to be administered by SCIP in consultation with GRIC and SCAT, to fund the disposal of hazardous waste materials associated with the SCIP electrical system transferred to GRIC and SCAT and with those areas and components retained by the Secretary. Makes the Secretary responsible for unfunded disposals. Directs the Secretary of Energy, upon the request of the Secretary of the Interior, to enter into agreements to reallocate SCIP's allocation of Federal power resources. Directs the Secretary of Energy to treat GRIC, SCIDD, and SCAT as successors in interest to SCIP in reallocating SCIP's allocation of capacity and energy from the Parker Davis Project and the Colorado River Storage Project, including capacity and energy available pursuant to any agreement to provide preference power to SCIP prior to July 31, 1992. Assigns SCIP allocations of winter and summer capacity and energy to GRIC, SCIDD, and SCAT. Requires SCIP to assign its contract with the Arizona Power Authority for capacity and energy from the Boulder Canyon Project accordingly. Directs the Secretary to enter into an agreement with GRIC and SCIDD to provide a long-term power supply to the irrigation wells and pumps installed by SCIP to provide water to SCIP lands on and off GRIC lands. Requires the Secretary of the Interior to allocate all SCIP funds to GRIC, SCIDD, and SCAT for specified uses. Requires SCIP debt obligations owed by GRIC and SCIDD to the United States to be deposited in the Environmental Protection Account. Entitles any Federal employee at SCIP whose position is terminated by this Act to elect to continue receiving workers' compensation, retirement, and health and life insurance benefits for his or her period of employment with the tribal authority, provided such authority deposits employee deductions and agency contributions in the appropriate funds. Directs the Secretary to establish and maintain a Departmental Priority Placement Program for SCIP employees who are involuntarily separated as a result of the divestiture of the SCIP electrical system.
Germany · German Bundestag · 15 March 1991
Germany · German Bundestag · 15 March 1991
United States · United States Congress · 14 March 1991
Indian Environmental Consolidated Grant Program Act of 1991 - Amends Federal law to authorize the Administrator of the Environmental Protection Agency to consolidate any or all grants made to an Indian tribe under any law administered by the agency for any fiscal year or years. Prohibits the amount of a consolidated grant for any Indian tribe under this Act from being less than the aggregate sum of all grants consolidated. Authorizes the Indian tribe receiving such consolidated grant to determine the proportion of its proceeds to be allocated among the pertinent programs. Requires the Administrator to issue regulations establishing procedures for an Indian tribe to apply for such grants. Authorizes the Administrator to: (1) waive any or all requirements for matching funds required by law to be provided by an Indian tribe in connection with such consolidated grant; (2) waive any requirement that an Indian tribe submit an application or report in writing with respect to the grant; and (3) adjust or modify maintenance or level of effort requirements for any Indian tribe with respect to it.
United States · United States Congress · 14 March 1991
Declares that for purposes of the Natural Gas Act: (1) any sale of natural gas for ultimate use as a motor vehicle fuel (VNG) shall be deemed "ultimately consumed" within the State in which its physical delivery occurs regardless of its physical combustion in another State; (2) certification from a State commission to the Federal Energy Regulatory Commission (FERC) that it has regulatory jurisdiction over a person who receives natural gas which is ultimately consumed within such State shall constitute conclusive evidence of such jurisdiction; (3) sales for resale of VNG by the holder of a service area determination shall be subject to the exclusive jurisdiction of the State commission in the State in which physical delivery of such VNG occurs; (4) transportation of VNG by the holder of a service area determination shall deem the VNG to be consumed within the State in which physical delivery occurs; and (5) the sale for resale, or transportation of VNG by the holder of a service area determination shall be deemed subject to the exclusive jurisdiction of the State commission of the State in which such activity occurred. Requires the Secretary of Energy (the Secretary) to: (1) institute a government-sponsored public education program regarding alternative fuel costs and characteristics; (2) report to the Congress on Federal purchasing policies regarding alternative-fueled vehicles and on the promotion of such vehicles through preferential treatment under Federal, State and local traffic control measures; and (3) develop a plan for the establishment of a trust fund for loans to convert vehicles to use of alternative-fuels or to purchase vehicles that already use them. Authorizes the Secretary to enter into cooperative agreements and joint ventures with governmental or regional transit authorities in certain-sized urban areas to demonstrate the feasibility of using alternative fuels for mass transit. Authorizes appropriations. Directs the Secretary to provide financial assistance and implement a program to encourage commercialization of alternative fuels for passenger fleets, light-duty trucks, and heavy-duty trucks. Authorizes appropriations. Directs the Secretary of Labor to implement a technician training and certification program with respect to the conversion and maintenance of alternative-fueled vehicles. Authorizes appropriations. Directs the Secretary to implement a research and demonstration program with respect to: (1) improved alternative-fueled vehicle technology; (2) cofiring of natural gas and pulverized coal in electric utility units and large industrial boilers in order to determine optimal natural gas injection levels for both environmental and operational benefits; (3) techniques to increase the availability of natural gas from specified sources; and (4) natural gas and electric heating and cooling technologies in residential and commercial buildings. Authorizes appropriations. Declares that for purposes of the Clean Air Act physical or operational changes in electric utility steam generating units undertaken for pollution control purposes shall not be treated as modifications for a specific regulated pollutant if such changes do not increase the potential emissions of such pollutant from such units above the potential emissions before the change. Outlines nitrogen oxide control requirements at an existing electric utility steam generating unit for purposes of the Clean Air Act. Amends the Natural Gas Act to set forth a statutory incentive scheme to expand natural gas production, pipelines and services. Deems rates to be just and reasonable if they meet one of three specified criteria, including falling within a FERC-prescribed zone of reasonableness whose upper limit shall be the rates yielded by incorporating a current market valuation of the natural gas company's investment, and whose lower limit shall provide for the minimum return on investment necessary to attract and retain capital. Sets forth a 60-day deadline within which FERC must take final action on rehearing applications. Prohibits FERC from deferring action on the merits of an application through issuance of an order during such period. Exempts from antitrust liability joint natural gas transportation rates negotiated by natural gas companies pursuant to FERC approval. Mandates that pipeline rates include investments made by a natural gas company which are used in rendering service. Sets forth FERC criteria under which any amount charged for a sale for resale by an interstate pipeline shall be deemed just and reasonable. Sets forth conditions under which certain new natural gas services shall either: (1) be authorized by the acceptance of tariff sheets and not require a certificate of public convenience and necessity; or (2) be exempt from the tariff and rate review provisions of the Natural Gas Act. Permits a natural gas company to abandon without FERC approval jurisdictional sales services to customers upon expiration of the underlying sales contract. Requires FERC approval of any such abandonment if the customer has previously converted jurisdictional sales services to jurisdictional transportation services and pays the just and reasonable non-discriminatory rate. Provides that fixed charges paid by an interstate pipeline to a first seller for gas supply security shall be recoverable on an "as-billed basis" in the pipeline's demand charges unless FERC determines that the pipeline does not offer reasonably competitive alternatives to its sales service. States that action by FERC to redress any anticompetitive impacts upon domestic gas producers shall be a prerequisite to the approval of an import application. Declares that the Natural Gas and FERC jurisdiction do not apply to a facility constructed by a natural gas company which would otherwise be subject to FERC jurisdiction by virtue of such construction if that company meets specified criteria. Declares that for purposes of required environmental review of natural gas pipeline projects there shall be a rebuttable presumption of a finding of no significant impact for any natural gas pipeline construction project which either utilizes existing utility or highway corridors, or does not involve construction in high value wetland areas. Makes FERC the lead agency for preparation of environmental assessments and environmental impact statements regarding interstate natural gas facilities. Sets forth a two-phase certification process the first phase of which shall involve all matters requiring FERC review over non-environmental matters, and the second phase of which shall address only required environmental matters. Makes FERC approval pursuant to each phase a final order on such matters. Outlines expedited procedures for Environmental Assessments submitted by pipelines. States such Assessments shall be presumptively valid if they use a FERC-prescribed format. Allows a certificate applicant to pay an outside environmental contractor, approved by FERC, to conduct an environmental review. Requires the Office of Technology Assessment to study and report to the Congress on: (1) the impact of global natural gas production, usage and transportation trends upon domestic energy policy and the United States natural gas industry; and (2) State and local regulatory barriers to increased natural gas usage. Requires the Office to make recommendations on the establishment of a uniform national policy to enhance natural gas usage.
United States · United States Congress · 14 March 1991
Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to exclude from the definition of "owner or operator," for purposes of limiting liability for releases of hazardous substances, a person who, without participating in the management of a vessel or facility, holds indicia of ownership primarily to protect a security interest in such vessel or facility. Defines "indicia of ownership" as an interest in a vessel or facility acquired either for: (1) securing payment of a loan or indebtedness or the performance of an obligation; or (2) protecting a security interest. Makes liable for any release or threatened release of a hazardous substance attributable to their activities: (1) any person who causes the transfer of a vessel or facility subject to a security interest; or (2) a fiduciary or trustee who acquires ownership or control of a vessel or facility. Makes conforming amendments to the Resource Conservation and Recovery Act of 1976.
United States · United States Congress · 13 March 1991
Title I - Product Liability Fairness Act - Declares that this Act governs any product liability action brought against a manufacturer or product seller, on any theory, for harm caused by a product. States that a civil action brought against a manufacturer or product seller for loss or damage to a product itself or commercial loss shall be governed by applicable commercial or contract law. Supersedes any inconsistent State law regarding recovery in such actions. Lists specific laws not superseded, including: (1) defense of sovereign immunity asserted by any State or by the United States; (2) any Federal law (except the Federal Employees Compensation Act and the Longshore and Harbor Workers' Compensation Act); (3) the Foreign Sovereign Immunities Act of 1976; (4) State choice-of-law rules; (5) the right of any court to transfer venue or to apply the law of a foreign nation or to dismiss a claim of a foreign nation or citizen on the ground of inconvenient forum; and (6) any statutory or common law cause of action, including an action to abate a nuisance, that authorizes a State or person to institute an action for civil damages or civil penalties, clean up costs, injunctions, restitution, cost recovery, punitive damages, or any other form of relief from contamination or pollution of the environment or the threat of it. Declares that U.S. district courts shall not have jurisdiction over any civil action under this Act, based on specified provisions of Federal law relating to district court jurisdiction. Declares that, if any provision of this Act would shorten the period during which a manufacturer or seller would otherwise be exposed to liability, the claimant may, notwithstanding that period, bring any civil action under this Act within one year after the effective date of this Act. Title II - Allows any claimant to bring a civil action for damages against a person for harm caused by a product under applicable State law, except to the extent such law is superseded by this title. Sets forth expedited settlement measures, including: (1) an option to include an offer of settlement, for a specific dollar amount, by the plaintiff in the complaint and by the defendant in a responsive pleading; and (2) awarding attorney's fees and costs, in certain circumstances, to the prevailing party if the other party does not accept the settlement offer. Sets forth alternative dispute resolution procedures, including: (1) an option, in lieu of or in addition to a settlement offer, for a claimant or a defendant to offer to proceed under any voluntary alternative dispute resolution procedure established or recognized under the law of the State in which the action is brought or maintained; and (2) awarding of attorney's fees and costs to the offering party if the court determines that a refusal to so proceed was unreasonable or not in good faith. Creates a rebuttable presumption that a refusal to so proceed was unreasonable, or not in good faith, if a verdict is rendered in favor of the offeror. Title III - Allows a person seeking to recover for harm caused by a product to bring a civil action against the manufacturer or seller under applicable State or Federal law, except to the extent such law is superseded by this Act. Establishes a standard of product seller liability for proximate causes of harm, established by a preponderance of the evidence, which fall under the categories of negligence or express warranty. Allows the trier of facts, in a negligence action, to consider the conduct of the seller with respect to: (1) the construction, inspection, or condition of the product; and (2) failure to pass on warnings or instructions from the manufacturer. Deems the seller not liable for failure to provide warnings or instructions unless the claimant establishes that the seller failed to: (1) provide warnings or instructions received while the product was in the seller's possession and control; or (2) make reasonable efforts to provide users with warnings and instructions which it received after the product left its possession and control. Deems a seller not liable except for breach of warranty where there was no opportunity to inspect the product in a manner which would or should, in the exercise of reasonable care, have revealed the aspect which allegedly caused the harm. Declares that the seller shall be treated as the manufacturer and be liable for harm caused by a product as if it were the manufacturer if: (1) the manufacturer is not subject to service of process in any State in which the action might have been brought; or (2) the court determines that the claimant would be unable to enforce a judgment against the manufacturer. Allows punitive damages, if otherwise permitted by applicable law, to be awarded in any civil action under this title to any claimant who establishes by clear and convincing evidence that the harm suffered was the result of conduct manifesting a manufacturer's or product seller's conscious, flagrant indifference to the safety of those persons who might be harmed by a product. Declares that a failure to exercise reasonable care in choosing among alternative product designs, formulations, instructions, or warnings is not of itself such conduct. Prohibits awarding punitive damages in the absence of a compensatory award, subject to exception. Prohibits punitive damages against a manufacturer or seller of a drug or medical device where: (1) the drug or device was subject to pre-market approval by the Food and Drug Administration (FDA); or (2) the drug is generally recognized as safe and effective under conditions established by the FDA. Prohibits punitive damages against a manufacturer of an aircraft where: (1) the aircraft was subject to pre-market certification by the Federal Aviation Administration (FAA); and (2) the manufacturer complied, after delivery, with FAA requirements and obligations with respect to continuing airworthiness. Provides for separate proceedings, if requested by the manufacturer or seller, with regard to punitive damages. Lists factors the trier of fact is allowed to consider in determining the amount of punitive damages. Bars any civil action under this title: (1) unless filed within two years after the claimant discovered or should have discovered the harm and its cause, subject to exception; and (2) if the product involved is a capital good that is alleged to have caused harm which is not a toxic harm unless filed within twenty-five years after delivery of the product, provided the claimant has received or would be eligible for State or Federal workers' compensation. Excludes a motor vehicle, vessel, aircraft, or railroad used primarily to transport passengers for hire from these time limitations. States that nothing in these provisions affects the right of any person who is subject to liability under this Act to obtain contribution or indemnity from any other person who is responsible for the harm. Requires reduction in the damages awarded by the sum of all State or Federal workers' compensation benefits to which the employee is or would be entitled. Requires a claimant in a civil action under this title who is or may be eligible to receive State or Federal workers' compensation to notify the claimant's employer of the civil action. Requires an action to be stayed, at the sole discretion of the claimant, until a final determination is made on the amount payable as workers' compensation benefits. Declares that, unless the manufacturer or seller has expressly agreed to indemnify or hold an employer harmless, neither the employer nor the workers' compensation insurance carrier shall have a right of subrogation, contribution, or implied indemnity against the manufacturer or seller or a lien against the claimant's recovery, except if the claimant's harm was not in any way caused by the fault of the claimant's employer or co-employees. Allows the employer or workers' compensation insurer to intervene in the action to prove that fact. Prohibits a third party tortfeasor, where workers' compensation is involved, from maintaining any action for implied indemnity or contribution against the employer, any coemployee, or the exclusive representative of the injured person. Prohibits, for a person who is or would have been entitled to receive workers' compensation, any other action, unless a State or Federal workers' compensation law permits recovery based on a claim of an intentional tort. Makes these provisions inapplicable and declares that applicable State law shall control if the employer or the workers' compensation insurer asserts a right of subrogation, contribution, or implied indemnity against the manufacturer or seller or a lien against the claimant's recovery. Declares that, in any product liability action, the liability of each defendant for noneconomic damages shall be several and not joint. Requires the trier of fact to determine the proportion of responsibility of each party for the claimant's harm. Establishes a complete defense, in any civil action under this Act in which all defendants are manufacturers or sellers, that the claimant was under the influence of alcohol or any drug and that, as a result, the claimant was more than 50 percent responsible for the event which resulted in the harm. Defines "drug" to mean any non-over-the-counter drug which has not been prescribed by a physician.
United States · United States Congress · 13 March 1991
Federal Deposit Insurance Improvements Act of 1991 - Title I: Amendments to Federal Banking Acts - Subtitle A: Improvements - Federal Banking Agency Improvements Act of 1991 - Amends the Federal Deposit Insurance Act to specify the length of interim appointments to the Federal Deposit Insurance Corporation (FDIC) Board of Directors. Revises conversion authority to authorize the FDIC to approve conversion transactions that affect insubstantial portions of the total deposits of each depository institution acquired as part of the conversion transaction. Repeals the requirement that the FDIC notify other regulators 30 days before suspending deposit insurance in certain emergencies. Grants priority (with certain exceptions) to claims brought by the FDIC against an insured depository institution or its personnel in any proceeding relating to other claims against such an institution or its officers or employees. Repeals the exemption granted to certain State-chartered savings associations with respect to compliance with regulations of the Director of the Office of Thrift Supervision relating to subsidiaries. Mandates that any depository institution (currently, any savings association) whose deposits are not FDIC-insured conspicuously state that its deposits are "not federally insured." Amends the Federal Home Loan Bank Act to direct the Resolution Trust Corporation (RTC) to repeal: (1) the prohibition against selling property in certain distressed areas for less than 95 percent of its market value; (2) the requirement to sell certain residential property to low-income buyers, at below market value prices; and (3) the provision for a "net realizable market value" below market value. Imposes criminal penalties upon certain institution-affiliated parties prohibited from participating in the affairs of depository institutions if such parties knowingly participate in any manner in the affairs of: (1) any appropriate Federal depository institution regulatory agency; or (2) the Federal Housing Finance Board and any Federal Home Loan Bank. Amends Federal banking law to authorize the Comptroller of the Currency, without notice or prior hearing, to appoint a receiver to take possession and control of a national bank if it is in an unsafe or unsound condition, including having substantially insufficient capital. (Currently, the Comptroller may appoint a receiver only if the bank is insolvent or has violated the National Bank Act.) Subtitle B: Asset Conservation and Deposit Insurance Protection - Asset Conservation and Deposit Insurance Protection Act of 1991 - Amends the Federal Deposit Insurance Act to limit the liability of an insured depository institution or mortgage lender with respect to Federal law imposing strict liability for the release (or threatened release) of a hazardous substance from property: (1) acquired through foreclosure; (2) held in a fiduciary capacity; or (3) held by a lessor or subject to financial control or oversight pursuant to the terms of a credit extension. Denies such limitation on liability to persons that caused or contributed to a release or failed to take reasonable steps to prevent a continued release. Grants immunity from such strict liability to: (1) Federal banking and lending agencies; and (2) the first subsequent purchaser of property from such Federal entities (except in certain circumstances). Exempts Federal banking and lending agencies from any law requiring them to grant convenants warranting remedial action. Mandates that appropriate Federal financial institutions, regulatory agencies and the Secretary of Housing and Urban Development issue regulations requiring insured depository institutions and mortgage lenders, respectively, to develop and implement procedures to evaluate actual and potential environmental risks that may arise from property prior to making an extension of credit secured by such property. Subtitle C: Amendments to Public Law 96-510 - Amends the Comprehensive Environmental Responses, Compensation, and Liability Act of 1980 with respect to parity of treatment for: (1) the States and Federal Government with respect to property acquired involuntarily; and (2) emergency response actions of a Federal banking or lending agency. Title II: Clarifying Amendments to the Federal Deposit Insurance Act - Prohibits an insured depository institution from indemnifying its personnel (or other institution-related persons) for costs related to actions brought successfully by a Federal banking agency against such institution-related persons. Grants the FDIC the same powers and rights over the assets and liabilities of the FSLIC Resolution Fund as it has over other jurisdictional matters under the Federal Deposit Insurance Act. Declares the FDIC to be the successor receiver or conservator to FSLIC wards. States that if a consolidation or acquisition involves a savings association eligible for assistance and a bank (or bank holding company), the resulting entity (currently, the savings association) may retain and operate any existing branch or facilities. Amends the Federal Home Loan Bank Act to provide that upon the filing of a pleading informing the court that the RTC has been appointed conservator or receiver for a party, the RTC shall be deemed substituted in any legal proceeding involving that party. Title III: Technical Amendments to the Federal Deposit Insurance Act - Makes clerical amendments to the Federal Deposit Insurance Act.
United States · United States Congress · 13 March 1991
Authorizes the President to resume negotiations in the Uruguay Round and to seek to obtain certain objectives with respect to: (1) dispute settlement mechanisms within the General Agreement on Tariffs and Trade (GATT); (2) improvement of the GATT and multilateral trade negotiation agreements; (3) broader application of transparency and clarification of the costs and benefits of trade policy actions through the observation of equitable procedures in trade matters by contracting parties to the GATT; (4) procedures for reducing nonreciprocal trade benefits for more advanced developing countries and providing reciprocal benefits and assuming equivalent obligations by developing countries; (5) current account surpluses; (6) trade and monetary coordination; (7) increasing U.S. agricultural exports; (8) elimination of unfair trade practices and barriers to international trade in services; (9) intellectual property protection; (10) elimination of barriers to foreign direct investment; (11) specified safeguards; (12) reduction or elimination of tariff and nontariff trade barriers to U.S. exports; (13) promotion of worker rights; (14) access to foreign-developed high technology; and (15) revision of GATT with respect to border taxes. Authorizes the President to negotiate with Canada and Mexico to obtain a trade agreement that includes provisions: (1) for reduction of tariffs and nontariff barriers; (2) on environmental standards, enforcement, and compliance; (3) on worker rights and workplace safety; and (4) on health and safety standards.
United States · United States Congress · 13 March 1991
Directs the Secretary of the Army to transfer jurisdiction over the Rocky Mountain Arsenal, Colorado, to the Secretary of the Interior for use as a wildlife refuge. Provides that nothing in this Act relieves the Department of the Army or others from any obligation or other liability to carry out or provide for the environmental restoration of such property.
United States · United States Congress · 13 March 1991
Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 - Title I: Department of State - Part A: Authorization of Appropriations; Allocations of Funds; Restrictions - Authorizes appropriations for FY 1992 and 1993 for the Department of State for: (1) administration of foreign affairs; (2) the diplomatic security program; (3) international organizations and conferences; (4) international commissions; (5) migration and refugee assistance; (6) bilateral science and technology agreements; (7) Soviet-East European research and training; and (8) the Asia Foundation. Part B: Department of State Authorities and Activities - Sets forth congressional findings concerning the organization of the Department of State. Repeals provisions of the Foreign Assistance Act of 1961 that provide for the establishment of an Assistant Secretary of State for Human Rights and Humanitarian Affairs. Repeals provisions of the Immigration and Nationality Act that provide for the creation of the Bureau of Consular Affairs. Repeals a provision of the Department of State Appropriations Authorization Act of 1973 that provides for the establishment of the Bureau of Oceans and International Environmental and Scientific Affairs. Repeals provisions of the State Department Basic Authorities Act of 1956 that provide for the establishment of an Office of the Coordinator for International Communications and Information Policy. Amends the Foreign Service Buildings Act, 1926 to authorize the Secretary of State, subject to certain conditions, to enter into a contract for the acquisition of property and construction of diplomatic facilities in Moscow on a multiyear (not to exceed five years) basis when appropriations are available. Permits the cancellation of such contract when funds are not appropriated or available. Authorizes the Department of State to make advance payments for long-term leases and lease-purchase agreements when such payments serve the interest of carrying out the Foreign Service Buildings Act, 1926. Requires the Secretary of State to establish a threshold (currently, $25,000) at which leases must be approved under such Act. Amends the State Department Basic Authorities Act of 1956 to authorize the transfer into the Buying Power Maintenance Account of unobligated balances from accounts for the administration of foreign affairs. Prohibits the balance of the Account from exceeding $100 million. Permits funds appropriated for the Department of State in any account funded in the Department of State Appropriations Act to be transferred to any other appropriations account. Prohibits an account from being increased by more than 35 percent (ten percent for the salaries and expenses account and the acquisition of foreign buildings account) through such a transfer. Prohibits, unless the House Committee on Foreign Affairs and the Senate Committee on Foreign Relations are notified, the reprogramming of Department of State funds in excess of $500,000 (currently, $250,000). Permits funds appropriated to the Department of State to be obligated and expended without prior notification to the Congress in emergency situations. Authorizes the Secretary to expend funds in the Foreign Service Buildings Fund without prior notification to the Congress so long as: (1) total reprogramming actions do not exceed 15 percent of funds available in such Fund for any fiscal year; (2) no new programs or capital projects are undertaken which have not been presented to the Congress; and (3) the Secretary reports quarterly to the Congress on reprogramming activities. Redesignates the Office of Munitions Control of the Department of State as the Office of Defense Trade Controls and increases the amount of registration fees collected by the Office that is required to be credited to a Department of State account. Authorizes the Secretary to pay the expenses of any international meeting or conference for which the United States serves as the host. Repeals a provision of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 that expands model foreign language competence posts. Amends the State Department Basic Authorities Act of 1956 to extend the authorization of appropriations for grants to child care facilities at certain posts abroad. Increases the amount authorized to be made available for the construction of Foreign Service Institute training facilities. Authorizes the Secretary to use funds to: (1) pay obligations arising under international agreements, conventions, and binational contracts; and (2) purchase special purpose passenger vehicles without regard to price limitations. Permits the Secretary to make payments in advance of the share of expenses for international fisheries commissions. Part C: Diplomatic Reciprocity and Security - Amends the Omnibus Diplomatic Security and Antiterrorism Act of 1986 to raise the threshold (from $5,000,000 to $10,000,000) on diplomatic construction or design projects on which only U.S. persons may bid. Amends the State Department Basic Authorities Act of 1956 to authorize special agents of the Department of State and Foreign Service to make arrests without warrants for any offenses against the United States committed in their presence. Part D: Personnel - Amends the Foreign Service Act of 1980 to permit members of the Senior Foreign Service who are appointed to positions in the executive branch to continue to receive the Foreign Service salary, performance pay, and leave in lieu of the salary and leave of the appointed position. Revises provisions concerning the salaries of chiefs of mission. Defines as an "employee," for purposes of provisions governing civil service retirement, life insurance, and health insurance, an individual employed by an international organization who has deposited required employee deductions. Amends provisions concerning the Federal Employees' Retirement System (FERS) and the Foreign Service Pension System (FSPS) and the Internal Revenue Code and the Social Security Act to deem as self-employed for purposes of social security coverage Federal employees who leave positions in which they are subject to social security employment taxes for employment in international organizations abroad (these amendments provide for continuation by such persons in FERS or FSPS). Grants employee contributions to the Thrift Savings Fund preferential tax treatment as long as such contributions are submitted to the agency from which the employee is transferred by the international organization. Amends the State Department Basic Authorities Act of 1956 to grant access to commissaries to American citizens hired to serve as teaching staff for dependents of employees abroad. Amends the Foreign Service Act of 1980 to extend the period of temporary storage of personal effects of Foreign Service employees for an additional three months in extraordinary circumstances. Authorizes the Secretary to pay for the transport of the remains of a Foreign Service member to the designated home in the United States if the death of such member occurs in the United States. (Current law authorizes payment only for the transport of the remains of a member or family member who dies while abroad or in travel status.) Provides for payment for up to 60 days to Federal employees whose families or dependents are required to evacuate a post (even if the employee remains at such post). Revises Federal provisions regarding quarters, education, and cost-of-living allowances for Federal employees stationed in foreign countries. Includes Foreign Service National employees of the U.S. Government abroad in the definition of "employee" for purposes of applying Federal employee provisions concerning voluntary transfers of leave. Part E: Modifications to Other Laws - Repeals provisions of specified laws concerning: (1) a prohibition on denying requests by the Drug Enforcement Administration for danger pay allowances; (2) the assignment of U.S. officers and staff to the U.S. Mission to the European Community in Brussels, Belgium; (3) employment of commercial personnel at the American Institute of Taiwan; (4) the stationing of an Agency for International Development professional in the consulate in Jerusalem or the embassy in Tel Aviv, Israel; (5) a travel advisory warning for Jalisco, Mexico; and (6) the closing of, and funding for, specified diplomatic and U.S. Information Agency posts. Part F: International Organizations - Repeals provisions of specified Acts concerning the U.S. contribution to the International Committee of the Red Cross. Authorizes the President to withhold 20 percent of the funds appropriated for the U.S. contribution to the United Nations if the United Nations has failed to implement decision-making procedures on budgetary matters which assure that attention is paid to the views of the United States and other major financial contributors. Permits payments of assessed contributions for prior years to the United Nations if such payment would further U.S. interests in such organization. Removes a limit on the amount authorized to be appropriated annually for U.S. membership in the Permanent Association of International Road Congresses. Amends the American-Mexican Treaty Act of 1950 to authorize funds to be made available for entertainment and representation expenses of the U.S. section of the International Boundary and Water Commission. Repeals a provision of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 that requires the Secretary to report on the status of secondment within the United Nations by the Soviet Union and Soviet-bloc member nations. Part G: Japan-United States Friendship Commission - Amends the Japan-United States Friendship Act to revise provisions concerning administrative expenses of the Japan-United States Friendship Commission. Title II: United States Informational, Educational, and Cultural Programs - United States Information Agency Authorization Act, Fiscal Years 1992 and 1993 - Authorizes appropriations for the U.S. Information Agency (USIA) for FY 1992 and 1993. Amends the United States Information and Educational Exchange Act of 1948 to prohibit funds in excess of $500,000 (currently, $250,000) from being made available to USIA through a reprogramming unless the House Committee on Foreign Affairs and the Senate Committee on Foreign Relations are notified. Adds to the authorities of the USIA Director the authority to purchase, rent, construct, improve, and operate facilities for television transmission and reception. Permits the USIA Director or other authorized Government agencies to pay to or for participants in programs under the United States Information and Educational Exchange Act of 1948 the costs of: (1) emergency medical expenses; (2) the preparation and transportation of remains of participants' dependents who die while away from home during such participation; (3) health and accident insurance premiums; (4) per diem in lieu of subsistence; and (5) such other costs, as necessary. Authorizes the crediting of payments received in connection with USIA advisory services rendered to foreign students regarding study in the United States. Repeals a provision of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 concerning the closure of USIA posts and reductions of USIA personnel abroad. Permits USIA and the Ministry of Foreign Affairs, U.S.S.R., to establish and operate reciprocal cultural information centers in Moscow and Washington, D.C., in accordance with a specified agreement signed in Washington, D.C., on May 31, 1990. Amends the United States Information and Educational Exchange Act of 1948 to permit the USIA Director or other authorized Government agencies to: (1) incur expenses authorized by the Foreign Service Act of 1980; and (2) furnish living quarters and provide specified allowances for Government employees in foreign countries. Amends the Immigration and Nationality Act to authorize the issuance of up to 100 conditional immigrant visas per fiscal year to USIA employees. Limits admission to periods of up to four years. Permits spouses and dependents of such employees to be admitted on conditional permanent residents. Sets forth provisions governing the transition to permanent resident status and the termination of conditional status of such employees.
United States · United States Congress · 13 March 1991
Designates June 1991 as Augustus F. Hawkins National Recycling Month.
United States · United States Congress · 12 March 1991
Violent Crime Control Act of 1991 - Title I: Safer Streets and Neighborhoods Act - Safer Streets and Neighborhoods Act of 1991 - Amends the Omnibus Crime Control and Safe Streets Act of 1991 (Omnibus Act) to: (1) authorize appropriations ($1,000,000,000 for FY 1992 and such sums as necessary in FY 1993 and 1994) for grants to State and local law enforcement agencies; and (2) continue the Federal-State funding formula for such agencies for FY 1992. Title II: Death Penalty - Federal Death Penalty Act of 1991 - Amends the Federal criminal code to establish criteria for the imposition of the death penalty for Federal crimes. Requires the Government, for any offense punishable by death, to serve notice upon the defendant a reasonable time before trial or acceptance of a plea, of its intention to seek the death penalty and of the aggravating factors upon which it will rely. Requires a separate sentencing hearing before a jury, or the court upon motion by the defendant, when the defendant is found guilty or pleads guilty to an offense punishable by death. Allows the defendant and the Government to present any information relevant to sentencing, without regard to the rules of evidence, but permits information to be excluded where its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury. Specifies mitigating factors which the defendant must establish by a preponderance of the information and aggravating factors which the Government must prove beyond a reasonable doubt. Includes as threshold aggravating factors for homicide that the defendant: (1) intentionally killed the victim; (2) intentionally inflicted serious bodily injury which resulted in the death of the victim; (3) intentionally participated in an act, contemplating that the life of a person would be taken, and the victim died as a direct result of the act; (4) attempted to kill the President of the United States; or (5) intentionally engaged in an act constituting reckless disregard for human life, knowing that the act created a grave risk of death to someone other than the participants, and the victim died as a direct result of the act. Sets forth special aggravating factors with respect to the crimes of treason, espionage, homicide, and attempted murder of the President. States that no person who was less than 18 years of age at the time of the offense may be sentenced to death. Prohibits the execution of mentally retarded persons or pregnant women. Directs the court, or the jury by unanimous vote, to impose the death penalty upon a finding that such sentence is justified based on consideration of both the aggravating and mitigating factors. Requires the court to instruct the jury: (1) not to consider the race, color, national origin, creed, or sex of the defendant or any victim in its consideration of the sentence; and (2) that it is not required to return a death sentence. Establishes procedures for appeal from a death sentence. Requires the Court of Appeals to review the record, address all substantive and procedural issues raised on appeal, and consider whether such sentence was imposed under the influence of passion, prejudice, or any other arbitrary factor whether the evidence supports the special finding of the existence of the required aggravating factor. Specifies that whenever such court finds that the sentence was imposed under such influence, the admissible evidence adduced does not support such special finding, or other legal error requires reversal of the sentence, the court shall remand the case for reconsideration or impose a sentence other than death (and, in any other case, remand for reconsideration). Requires the court to provide a written explanation of its determination. Prohibits requiring any employee of any State department of corrections, the Federal Bureau of Prisons, or any provider of services under contract to participate in any execution if participation is contrary to his or her moral or religious convictions. Bars the imposition of a death sentence for a death-eligible offense committed in Indian country unless the Indian tribe having criminal jurisdiction over land and persons subject to such jurisdiction has elected to have this title apply in such cases. Limits the circumstances under which the offense of delivering defense information to aid foreign governments is punishable by death. Provides for the imposition of the death penalty for: (1) murders committed by prisoners in Federal correctional institutions; (2) kidnappings which result in the death of any person; (3) attempting to kill the President of the United States (if such attempt results in bodily injury or comes dangerously close to causing the President's death); (4) murder for hire; (5) murder in the aid of a racketeering activity; (6) engaging in a criminal enterprise activity which results in death; and (7) other specified offenses, including civil rights murders and certain murders involving damage to religious property or obstruction of persons in the free exercise of religious beliefs. Racial Justice Act of 1991 - Amends the Federal judicial code to prohibit the imposition or execution of sentences of death under color of State or Federal law in a racially discriminatory pattern. Specifies that to establish such a pattern: (1) ordinary methods of statistical proof shall suffice; and (2) it shall not be necessary to show discriminatory intent on the part of any individual or institution. Specifies that: (1) to establish a prima facie showing of a racially discriminatory pattern it shall suffice that death sentences are being imposed or executed upon persons of one race with a frequency disproportionate to their representation among the number of persons arrested for, charged with, or convicted of death-eligible crimes, or as punishment for crimes against persons of one race with a frequency that is disproportionate to their representation among persons against whom death-eligible crimes have been committed; and (2) to rebut such a showing, a State or Federal entity must establish by clear and convincing evidence that identifiable and pertinent nonracial factors persuasively explain the observable racial disparities comprising the pattern. Requires any State or Federal entity that provides for the death penalty to designate a central agency to collect and maintain pertinent data on the charging, disposition, and sentencing patterns for all cases of death-eligible crimes. Directs each such entity to: (1) monitor compliance by local officials and agencies; (2) devise and distribute to every local official or agency responsible for the investigation or prosecution of death-eligible crimes a standard form to collect pertinent data; (3) maintain, compile, and index such forms and data and make them available to the public; (4) maintain a centralized, alphabetically indexed file of all police and investigative reports transmitted to it by local officials or agencies in every case of death-eligible crime; and (5) allow access to its file of police and investigative reports to the counsel of record for persons charged with death-eligible crimes. Requires each local official responsible for the investigation or prosecution of death-eligible crimes to: (1) complete such form on every case of death-eligible crime; (2) transmit such form to the central agency within three months after disposition of each such case; and (3) transmit to such agency a copy of all police and investigative reports made in connection with each case of death-eligible crime. Requires such data to include, at a minimum: (1) pertinent demographic information on all persons charged with the crime and all victims (including race, sex, age, and national origin); (2) information on the principal features of the crime; (3) information on the aggravating and mitigating factors of the crime, including the background and character of every person charged with the crime; and (4) a narrative summary of the crime. Requires the court to appoint counsel for those financially unable to retain counsel and to furnish investigative, expert, or other services as necessary for the development of the claim of any such person, subject to certain limitations. Specifies that no determination on the merits of a factual issue made by a State court pertinent to any claim under this Act shall be presumed to be correct unless: (1) the State is in compliance with the provisions of this Act; (2) the determination was made in a proceeding in a State court in which the person asserting the claim was afforded rights to counsel and to the furnishing of investigative, expert, and other such services which were substantially equivalent to those provided in this Act; and (3) the determination is one which is otherwise entitled to be presumed correct under the criteria specified under Federal habeas corpus provisions. Title III: Death Penalty for Murder of Law Enforcement Officer Act - Authorizes the death penalty for the murder of: (1) Federal law enforcement officials; and (2) State law enforcement officers working with Federal agents. Title IV: Death Penalty for Drug Criminals Act - Death Penalty for Drug Criminals Act of 1991 - Amends the Controlled Substances Act (CSA) to authorize the death penalty for first degree murders committed in the course of: (1) drug distribution conspiracies; (2) drug import and export conspiracies; (3) drug distribution to minors, near schools, or while employing minors; and (4) the export, import, or distribution of major quantities of drugs. Title V: Prevention and Punishment of Terrorist Acts - Comprehensive Counter-Terrorism Act of 1991 - Subtitle A: Punishing Domestic and International Terrorist Acts - Part I: Terrorist Death Penalty Act of 1991 - Terrorist Death Penalty Act of 1991 - Amends the Federal criminal code to: (1) make it a Federal offense, punishable by up to life imprisonment, to commit terrorist acts against U.S. nationals abroad; and (2) authorize the imposition of the death penalty where terrorist acts against U.S. nationals result in first degree murder. Part II: Terrorist Acts Committed in the United States - Authorizes the imposition of the death penalty for domestic terrorist acts that involve an individual acting as an agent of a foreign power and that result in first degree murder, and up to life imprisonment for acts that result in death that does not constitute first degree murder. Sets forth penalties for attempts or conspiracy to kill (up to life imprisonment) and for engaging in physical violence that results in serious bodily injury (up to ten years' imprisonment, a fine, or both). Specifies that, for purposes of this Act, a person possesses an intent to commit a terrorist act if such person intends to: (1) intimidate or coerce a civilian population; (2) influence the policy of a government by intimidation or coercion; or (3) affect the conduct of a government by assassination, kidnapping, or other violent act. Part III: Increasing Penalties for International Terrorist Acts - Increases the penalties for terrorist acts committed against U.S. nationals abroad. Subtitle B: Preventing Domestic and International Terrorist Acts - Part I: Attacking the Infrastructure of Terrorist Organizations - Makes it a Federal criminal offense for an individual, acting as an agent of a foreign power, to provide material support or resources (including currency, securities, communications equipment, facilities, weapons, personnel, and other physical assets), or to conceal or disguise the nature, location, source, or ownership of such support or resources, knowing that such resources or support are intended to be used to commit a terrorist act. Provides for the civil and criminal seizure and forfeiture of any real or personal property used to commit, or facilitate the commission of, terrorist acts. Part II: Electronic Communications - Expresses the sense of the Congress that providers of electronic communications services and manufacturers of electronic communications service equipment should ensure that communications systems permit the Government to obtain the plain text contents of voice, data, and other communications when appropriately authorized by law. Part III: Cooperation of Witnesses in Terrorist Investigations - Alien Witness Cooperation Act of 1991 - Authorizes the Attorney General to waive immigration admission, and other legal, requirements and grant permanent resident status for alien witnesses who cooperate with the Government in Federal or State prosecutions. Bars the granting of such status to an alien who would be excluded because of felony convictions unless the Attorney General determines that the granting of such status to such alien is necessary in the interests of justice and comports with the safety of the community. Limits the number of aliens and members of their immediate families entering the United States under such authority to 100 persons in any single fiscal year. Makes the decision to grant or deny permanent resident status under this Act at the discretion of the Attorney General and not subject to judicial review. Subtitle C: Preventing Aviation Terrorism - Makes the willful violation of certain Federal Aviation Administration regulations relating to airport and airline security punishable by a fine, imprisonment for up to one year, or both. Subtitle D: Preventing Economic Terrorism - Makes it a Federal criminal offense to counterfeit, or to make, deal, or possess any plate or other item used in the counterfeiting of, U.S. securities abroad. Establishes an Economic Terrorism Task Force to: (1) assess the threat of terrorist actions directed against the U.S. economy and the adequacy of existing policies and procedures designed to prevent such actions; and (2) recommend administrative and legislative responses to prevent such actions. Sets forth provisions: (1) regarding the makeup of such Task Force; (2) making provisions of the Federal Advisory Committee Act inapplicable to such Task Force; and (3) establishing reporting requirements. Specifies that if the report of the Task Force is classified, an unclassified version shall be prepared for public distribution. Subtitle E: Authorizations to Expand Counter-Terrorist Operations by Federal Agencies - Authorizes appropriations for counter-terrorist operations and programs. Title VI: Drive-By-Shooting Act - Drive-By-Shooting Prevention Act of 1991 - Sets penalties for any individual who, in furtherance or to escape detection of a major drug offense, with intent to intimidate, harass, injure, or maim, fires a weapon into a group of two or more people causing: (1) grave risk to human life (subject to a fine, up to 25 years' imprisonment, or both); and (2) death of one of those persons (including a sentence of death or life imprisonment without release). Title VII: Assault Weapons - Antidrug, Assault Weapons Limitation Act of 1991 - Amends the Federal criminal code to prohibit the transfer, importation, receipt, or possession of any assault weapon, except: (1) by the Federal, State, or local government; and (2) with respect to weapons lawfully possessed before enactment of this Act. Specifies firearms to be included as assault weapons. Authorizes the Secretary of the Treasury to recommend to the Congress the addition or deletion of firearms to be designated as assault weapons. Increases the length of imprisonment for an individual who uses or carries an assault weapon during and in relation to the commission of a crime of violence or a drug trafficking crime. Prohibits the sale, shipment, or delivery (or purchase, possession, or acceptance of delivery) of an assault weapon to (or by) any person who does not fill out a specified form. Establishes recordkeeping requirements. Directs the Secretary to prescribe regulations for the request and delivery of such form. Directs the Attorney General to: (1) investigate and study the effect of this title on violent and drug trafficking crime; and (2) submit to the Senate a report on its findings. Specifies the effective period of this title. Title VIII: Police Corps and Law Enforcement Training and Education Act - Police Corps and Law Enforcement Training and Education Act - Establishes within the Department of Justice (DOJ) an Office of the Police Corps and Law Enforcement Education to be headed by a Director. Requires a State that desires to participate in the Police Corps program or the Law Enforcement Scholarship program to designate a lead agency and submit a State plan containing assurances with respect to: (1) lead agency cooperation with other State and local agencies; (2) the State advertising of the assistance available; (3) State screening and selection of law enforcement personnel for participation in the program; and (4) compliance with other specified requirements. Subtitle A: Police Corps Program - Authorizes the Director to award scholarships (including direct payments to institutions and reimbursement of educational costs) to participants who agree to work for four years in a State or local police force after completion of a baccalaureate program and police corps training, subject to specified conditions. Sets forth provisions with respect to: (1) scholarship assistance for dependent children of law enforcement officers; (2) the selection of participants; (3) minority recruitment; and (4) leaves of absence. Requires the Director to establish up to three training centers to provide basic law enforcement training to State Police Corps program participants. Requires participants to attend two eight-week training sessions at such training centers and to meet certain performance standards in order to remain in the Police Corps program. Requires the Director to pay participants a weekly stipend during training. Requires a State, in order to participate in the Police Corps program, to submit a plan for implementing such program to the Director for approval. Requires such plan to: (1) include assurances that participants will receive additional State or local training after completing Federal training which shall count toward the four-year service obligation; and (2) provide that program participants shall be assigned to community and preventive patrol in geographic areas with the greatest need for additional law enforcement personnel. Provides for the swearing in of participants as members of the police force to which they are assigned after completing Federal training and meeting the requirements of that police force. Authorizes appropriations. Subtitle B: Law Enforcement Scholarship Program - Directs each State to pay from funds under this Act the Federal share (not more than 60 percent) of the cost of awarding scholarships to in-service law enforcement personnel for further education. Sets forth State plan requirements, including identifying model curricula and existing programs and providing assurances that the State will promote cooperative agreements to enhance law enforcement personnel recruitment efforts in high schools and community colleges. Sets forth application requirements. Grants priority in awarding scholarships to members of underrepresented groups and to those pursuing an undergraduate degree. Requires each individual awarded a scholarship to work in a law enforcement position in the State which made the award for a period of one month for each credit hour of financial assistance (with a six-month minimum and two-year maximum). Authorizes appropriations. Subtitle C: Reports - Sets forth provisions requiring: (1) annual reports by the Director to the Attorney General, the President, and specified Members of Congress; and (2) a special report by the Attorney General to the Congress on a plan to expand scholarship assistance to eligible Federal law enforcement officers. Title IX: Federal Law Enforcement Agencies - Federal Law Enforcement Act of 1991 - Authorizes appropriations for the Drug Enforcement Administration (DEA), the Federal Bureau of Investigation (FBI), the Immigration and Naturalization Service (INS), U.S. attorneys, U.S. marshals, the Bureau of Alcohol, Tobacco, and Firearms, U.S. courts, and defender services. Title X: Habeas Corpus Reform Act - Habeas Corpus Reform Act of 1991 - Amends the Federal judicial code to set forth special habeas corpus procedures in capital cases. Applies such procedures to Federal habeas corpus cases brought by prisoners in State custody who are subject to a capital sentence. Makes the applicability to such procedures contingent upon a State establishing a mechanism for the appointment, compensation, and payment of reasonable fees and litigation expenses of competent counsel consistent with this Act. Sets forth procedures for the appointment of counsel or for allowing a prisoner to proceed pro se. Provides for a mandatory stay of execution during the post-conviction review initiated pursuant to this Act. Details conditions which will cause such stay to expire. Prohibits a Federal court, if one of such conditions has occurred, from entering a stay of execution or granting relief in a capital case unless: (1) the basis for the stay and request for relief is a claim not previously presented by the prisoner in the State or Federal courts, and the failure to raise the claim is the result of State action in violation of the Constitution or laws of United States, is the result of Supreme Court recognition of a new Federal right that is retroactively applicable, or is based on a factual predicate that could not have been discovered through the exercise of reasonable diligence; (2) the facts underlying the claim would be sufficient, if proven, to undermine the court's confidence in the jury's determination of guilt on the offense for which the death penalty was imposed; or (3) a stay and consideration of the requested relief are necessary to prevent a miscarriage of justice. Imposes time limits on filing for habeas corpus relief. Requires such time limits to be tolled under specified conditions. Requires the district court, upon the development of a complete evidentiary record, to rule on the merits of the claims properly before it. Authorizes a district court to refuse to consider a claim under this Act if: (1) the prisoner previously failed to raise the claim in State court at the time and in the manner prescribed by State law; (2) the State courts, for that reason, refused or would refuse to entertain the claim; and (3) such refusal would constitute an adequate and independent State law ground that would foreclose direct review of the State court judgment in the U.S. Supreme Court. Provides an exception to such authorization. Makes the requirement for a certificate of probable cause inapplicable, with an exception. States that a mechanism for the provision of counsel services to indigents sufficient to invoke the provisions of this Act shall provide for counsel to indigents: (1) charged with offenses for which capital punishment is sought; (2) who have been sentenced to death and who seek appellate or collateral review in State court; and (3) who have been sentenced to death and who seek certiorari review in the U.S. Supreme Court. Prescribes minimum qualifications for appointed counsel. Authorizes payment of fees and expenses for investigative, expert, or other services reasonably necessary for the representation of the defendant. Allows the court to fix the compensation to be paid to an attorney appointed under this Act. Specifies which law is applicable in Federal habeas corpus proceedings. Title XI: Punishment of Gun Criminals - Gun Criminals Punishment Act of 1991 - Requires that any individual who, during and in relation to any crime of violence or drug trafficking crime, discharges a firearm that kills another person, with intent to kill, be sentenced to death or life imprisonment without release. Increases penalties to be imposed in addition to penalties provided for a crime of violence or drug trafficking crime for carrying, possessing, or discharging a firearm during and in relation to such crime to up to ten years for any firearm and ten to 15 years for an assault weapon. Requires an individual to be sentenced to life imprisonment for a second conviction of such an offense if the firearm is an assault weapon. Directs the U.S. Sentencing Commission to promulgate, or amend existing, guidelines to provide for a sentencing enhancement in accord with such provisions. Establishes penalties for possessing (current law covers only using and carrying) an explosive during the commission of a felony. Provides for 20 years imprisonment for using, carrying, or possessing an explosive, in the case of a second or subsequent conviction. Increases (from five to ten years) the term of imprisonment for knowingly making a false, material statement in connection with the acquisition of a firearm from a licensed dealer. Sets penalties for: (1) knowingly failing to acquire the proper form or its equivalent with respect to the transfer, transport, receipt, or possession of an assault weapon; and (2) theft of explosive materials. Bars the sale of firearms and explosives to, or possession of firearms and explosives by, persons convicted of a violent or serious drug misdemeanor. Permits a judicial officer to consider pretrial detention of a defendant for certain firearms and explosives offenses. Amends provisions of the Internal Revenue Code of 1986 with respect to the disposal of forfeited firearms to authorize public sale to a licensed dealer, under specified conditions. Title XII: Prison for Violent Drug Offenders - Authorizes appropriations for the construction, and operation for one year, of ten regional prisons. Sets forth provisions with respect to the location and population of such prisons, prisoner eligibility (State and Federal prisoners with release dates of not more than two years from the date of assignment to the prison who have long-term drug abuse problems and serious criminal histories, and who agree to the assignment), State responsibilities, and the powers of the Director of the Bureau of Prisons (e.g., to return any prisoner not complying with program requirements and conditions). Requires any State seeking to refer a State prisoner to a regional prison to submit to such Director an aftercare plan setting forth the provisions that the State will make for the continued treatment of the prisoner in a therapeutic community following release and providing for vocational job training where appropriate. Title XIII: Boot Camps - Directs the Attorney General, within one year, to establish within the Bureau of Prisons ten military-style boot camp prisons. Sets forth provisions with respect to prison capacity, proportion of State to Federal prisoners, and eligibility requirements. Authorizes appropriations. Title XIV: Youth Violence Act - Subtitle A: Increasing Penalties for Employing Children to Distribute Drugs Near Schools and Playgrounds - Amends the CSA to increase the penalty for employing, using, inducing, or coercing individuals under age 18 to violate provisions of such Act, or to assist in avoiding detection or apprehension for certain offenses under such Act by Federal, State, or local law enforcement officials. Subtitle B: Antigang Grants - Amends the Juvenile Justice and Delinquency Prevention Act of 1974 to authorize the Administrator of the Office of Juvenile Justice and Delinquency Prevention to make grants to States and units of general local government to assist them in planning, coordinating, and evaluating projects to reduce the formation or continuation of juvenile gangs and the use and sale of illegal drugs by juveniles. Specifies the allocation (50-50) of funds available to each State for juvenile drug supply and drug demand reduction programs. Directs the Administrator to give priority to programs aimed at juvenile involvement in organized gang- and drug-related activities. Authorizes appropriations. Sets forth provisions with respect to application, and review and approval, procedures. Subtitle C: Juvenile Penalties - Amends the Federal criminal code to: (1) add certain firearms offenses to the offenses over which the United States has juvenile delinquency jurisdiction; and (2) provide for the treatment of violent juveniles who commit firearms offenses as adults under certain circumstances. Specifies factors to be considered in transferring a juvenile to adult status. Classifies as serious drug offenses for purposes of the Armed Career Criminal Act of 1984 serious drug offenses committed by juveniles. Title XV: Rural Crime and Drug Control Act - Subtitle A: Fighting Drug Trafficking in Rural Areas - Amends the Omnibus Act to authorize appropriations, and increase the base allocation, for rural drug enforcement assistance. Directs the Attorney General to establish a Rural Drug Enforcement Task Force in each of the Federal judicial districts which encompass significant rural lands. Specifies the membership of such task forces. Directs the Attorney General to cross-designate up to 100 Federal officers with jurisdiction to enforce CSA provisions on non-Federal lands to the extent necessary to effect the purposes of this title. Requires the Director of the Federal Law Enforcement Training Center to develop a specialized course of instruction devoted to training law enforcement officers from rural agencies in the investigation of drug trafficking and related crimes. Authorizes appropriations. Subtitle B: Increasing Penalties for Certain Drug Trafficking Offenses - Ice Enforcement Act of 1991 - Amends the CSA to increase penalties for specified offenses involving crystalline methamphetamine. Subtitle C: Rural Drug Prevention and Treatment - Amends the Public Health Service Act to require the Director of the Office for Treatment Improvement to establish a program to provide grants to hospitals, community health centers, and other appropriate entities that serve nonmetropolitan areas to assist in developing and implementing projects that provide, or expand the availability of, substance abuse treatment services. Authorizes appropriations. Requires the alcohol and drug abuse information clearinghouse required to be established under the Public Health Service Act to: (1) gather information pertaining to the Alcohol, Drug Abuse, and Mental Health Administration and other rural drug abuse treatment and education projects operating throughout the United States; and (2) disseminate information to rural hospitals, community health centers, community mental health centers, treatment facilities, community organizations, and other interested individuals. Subtitle D: Rural Land Recovery Act - Specifies that each of the Rural Drug Enforcement Task Forces shall include one Director of Rural Land Recovery. Requires that assets seized from rural clandestine methamphetamine and other dangerous drugs laboratory operations and their operators be used primarily to fund the decontamination of the property and immediate environment chemically fouled by such operations or operators (and any remaining assets used to decontaminate other such sites throughout the jurisdiction of the task force). Directs State and Federal prosecutors, when bringing charges against the operators of such laboratories, to include, in addition to drug-related charges, counts involving infringements of applicable environmental protection laws, including illegal disposal of hazardous waste and knowing endangerment of the environment. Authorizes such prosecutors and private citizens to bring suit against the operators of such laboratories for environmental and health-related damages caused by the operators in their manufacture of illicit substances. Title XVI: Drug Emergency Areas Act of 1991 - Drug Emergency Areas Act of 1991 - Amends the National Narcotics Leadership Act of 1988 to replace language with respect to the designation of high intensity drug trafficking areas with provisions authorizing the President to declare a State or part of a State to be a drug emergency area. Requires requests for such a declaration to be made, in writing, by the Governor or chief executive officer of any affected State or local government and forwarded to the President through the Director of National Drug Control Policy. Allows cities, counties, or States to submit a joint request. Requires requests to be based on a written finding that the emergency is of such severity and magnitude that Federal assistance is necessary to ensure an effective response. Prohibits the President from limiting declarations made under this Act to highly-populated centers of drug trafficking, drug use, or drug-related violence. Requires the President to consider applications from governments of less populated areas where the magnitude and severity of such activities are beyond the capability of the State or local government to respond. Requires Governors or chief executive officers, as part of such requests and as a prerequisite to such assistance, to: (1) take appropriate action under State or local law to respond to the crisis and furnish information on the nature and amount of State and local resources which have been or will be committed to alleviating the emergency; (2) certify that State and local government obligations and expenditures will comply with all applicable cost-sharing requirements; and (3) submit a detailed plan outlining the State or local government's short- and long-term plans to respond to the emergency. Requires the Director to review requests submitted and forward the application to the President, along with a recommendation. Authorizes the President to make grants to State or local governments of up to $50,000,000 for any single emergency. Limits the Federal share to 75 percent of the costs necessary to implement the short- and long-term plan. Limits the duration of assistance to a drug disaster area to one year, after the Governors or chief executive officers may apply for an extension of up to 180 days. Requires any State or local government receiving Federal assistance to balance the allocation of such assistance evenly between drug supply and demand reduction efforts, unless State or local conditions dictate otherwise. Authorizes the President to: (1) direct any Federal agency to utilize its authorities and resources to support State and local efforts; and (2) provide technical and advisory assistance. Title XVII: Drunk Driving Child Protection Act - Drunk Driving Child Protection Act of 1991 - Amends the Assimilative Crimes Statute to require the imposition of a Federal penalty (if not already imposed by a State) of one year imprisonment and a $1,000 fine in addition to any term of imprisonment under State law for driving under the influence of drugs or alcohol if a non-driving minor was present in the vehicle at the time of the offense. Amends the common carrier provisions of the Federal criminal code to increase the penalty for operating a common carrier under the influence of drugs or alcohol if a non-driving minor is present in the vehicle by up to one year's imprisonment and an additional $1,000 fine. Title XVIII: Commission on Crime and Violence - Establishes the National Commission on Crime and Violence in America to: (1) develop a comprehensive crime control plan to serve as a blueprint for action in the 1990s; (2) bring attention to successful models and programs; (3) reach beyond the traditional criminal justice community for ideas; and (4) recommend improvements in local, State, and Federal coordination. Sets forth the composition of the Commission, its responsibilities, administrative provisions, reporting requirements, and its termination date. Title XIX: Protection of Crime Victims - Victims' Rights and Restitution Act of 1991 - Amends the Victims of Crime Act of 1984, as amended, to eliminate the cap on the crime victims fund. Requires all Federal law enforcement agencies to make their best efforts to accord victims of crime with the right to: (1) be treated with fairness and respect for the victim's dignity and privacy; (2) be protected against their accused offenders; (3) be notified of court proceedings; (4) attend public court proceedings related to the offense under certain conditions; (5) confer with the Government attorney assigned to the case; (6) receive restitution; and (7) receive information about the conviction, sentencing, imprisonment, and release of the offender. Directs Federal law enforcement agency heads to designate the persons required by this Act to identify and provide certain services to the victims of a crime such as informing victims about where to receive medical care, counseling, and police protection and about developments during the investigation and prosecution of the crime and after the trial (such as the arrest of a suspected offender or an escape of a convicted offender). Directs the Attorney General or the head of another department or agency that conducts an investigation of a sexual assault to pay, either directly or by reimbursement, the cost of a physical examination of the victim which an investigating officer determines was necessary or useful for evidentiary purposes. Directs that a responsible official provide the victim with general information regarding the corrections process, including information about work release, furlough, and probation. Requires (current law authorizes) the court to order restitution payments for specified violations of the Federal criminal code and the Federal Aviation Act of 1958. Authorizes the court, in addition to ordering restitution of the victim of the offense of which a defendant is convicted, to order restitution of persons harmed physically, emotionally, or pecuniarily by defendant's unlawful conduct during which the offense occurred or during the course of a scheme, conspiracy, or pattern of unlawful activity related to the offense. Sets forth additional provisions with respect to determination of amounts owed to the victim, set-offs, enforcement of restitution orders, and procedures for issuing such orders. Amends the Federal Bankruptcy code to make an exception to a discharge in bankruptcy to the extent that the debt arises from a proceeding brought by a governmental unit to recover a civil or criminal restitution, or to the extent that such debt arises from an agreed judgment or other agreement by the debtor to pay money or transfer property in settlement of such an action by a governmental unit. Title XX: Crack House Eviction Act - Amends the CSA to authorize: (1) the Attorney General to bring a civil action against violators of prohibitions against maintaining places for the manufacture, distribution, or use of controlled substances; and (2) the court to assess a civil penalty of up to $100,000 and grant such other relief, including injunctions and evictions, as appropriate. Directs the Attorney General to: (1) aggressively pursue the use of criminal penalties, civil injunctions, forfeiture sanctions, and other remedies against drug offenders; and (2) report annually to the Congress on the manner and extent to which such remedies are being used and their effect in curtailing drug trafficking. Title XXI: Organized Crime and Dangerous Drugs Division - Subtitle A: Establishment of an Organized Crime and Dangerous Drugs Division in the Department of Justice - Justice Department Organized Crime and Drug Enforcement Enhancement Act of 1991 - Establishes within DOJ the Organized Crime and Dangerous Drugs Division, consisting initially of specified offices within the Criminal Division of DOJ and the Organized Crime Drug Enforcement Task Force Program. Transfers to such Division all functions, personnel, and available funds of such offices and program. Requires such Division to be headed by an Assistant Attorney General for the Organized Crime and Dangerous Drug Division and a Deputy Assistant. Establishes within such Division such sections and offices as the Attorney General deems appropriate to maintain or increase the level of enforcement activities with respect to criminal racketeering, narcotics trafficking, money laundering, asset forfeiture, international crime, and civil enforcement. Directs the Attorney General to establish at least 20 field offices of the Division to be known as Organized Crime and Dangerous Drug Strike Forces. Sets forth additional provisions with respect to coordination of field activities and the transfer of staff assigned to the Task Forces to the Division (designated the Criminal Narcotics Section). Specifies that the agents assigned to the Strike Forces shall be dedicated exclusively to, and located with, the Strike Forces and shall be given credit for the work of the Strike Forces. Requires the Assistant Attorney General for Organized Crime and Dangerous Drugs to report to the Congress on the areas of the United States that may require increased assistance from DOJ through the establishment of additional strike forces. Authorizes appropriations for salaries and expenses of the Division for FY 1992, subject to certain limitations. Subtitle B: International Prosecution Teams - Requires the Division to include at least ten International Drug Enforcement Teams: (1) devoted exclusively to investigating, prosecuting, and supporting the investigation and prosecution of international drug cases; and (2) responsible for developing expertise in handling civil and criminal cases involving extradition, money laundering, drug-related corruption, and other complex cases relating to international drug trafficking. Specifies relationships of team members and goals, including improved coordination and cooperation between the United States and foreign countries in the suppression of international money laundering and narcotics trafficking. Title XXII: Exclusionary Rule - Amends the Federal criminal code to bar the exclusion of evidence obtained as a result of a search or seizure that was in violation of the fourth amendment to the Constitution if the search or seizure was carried out in reasonable reliance on a warrant that was issued by a detached and neutral magistrate and that was ultimately found to be invalid, unless: (1) the judicial officer in issuing the warrant was materially misled by information in an affidavit that the affiant knew was false or would have known was false except for this reckless disregard of the truth; (2) the judicial officer provided approval of the warrant without exercising a neutral and detached review of the application for the warrant; (3) the warrant was based on an affidavit so lacking in indicia of probable cause as to render official belief in its existence entirely unreasonable; or (4) the warrant is so facially deficient that the executing officers could not reasonably presume it to be valid. Title XXIII: Drug Testing - Federal Prisoner Drug Testing Act of 1991 - Amends the Federal criminal code to require, as a condition of probation, supervised release, or parole, that the defendant pass a drug test prior to the imposition of sentence, refrain from any unlawful use of a controlled substance, and submit to at least two periodic drug tests (as determined by the court) for use of a controlled substance. Specifies that no action may be taken against a defendant pursuant to such a drug test unless the test confirmation is a urine drug test confirmed using gas chromatography/mass spectrometry techniques or one determined to be of equivalent accuracy.
United States · United States Congress · 12 March 1991
Environmental Marketing Claims Act of 1991 - Directs the Administrator of the Environmental Protection Agency to establish an environmental marketing claims regulatory program and an Independent Advisory Board to advise and make recommendations on the regulation of such claims. Requires the Administrator, in promulgating such regulations, to ensure that such claims are related to a specific environmental impact or attribute to ensure that the claims are not false or deceptive. Provides that such claims shall be substantiated on the basis of the best available scientific information. Requires the Administrator to assign products to categories based on the composition and packaging of the product. Sets forth requirements with respect to claims of recycled content, recyclability, reusability, compostability, or degradability of a product. Directs the Administrator to determine whether it is appropriate to promulgate additional regulations to: (1) reflect the best available technology to encourage higher performance levels in products and packaging; and (2) reflect the most recent scientific and practical knowledge of technological advances and improvements in manufacturing techniques and waste management. Provides for the triennial review of regulations. Authorizes interested individuals to petition the Administrator to promulgate additional regulations. Provides that an environmental marketing claim: (1) may be made two years after this Act's enactment if the environmental characteristic in the claim uses terms defined by the Administrator; (2) may not state the absence of an environmental attribute unless the attribute is a usual characteristic of the product or package or the Administrator permits such a statement because the statement would assist consumers making value comparisons with respect to environmental claims among products and packages; and (3) may not be made because the claim is misleading in light of another environmental characteristic of the product or package. Requires persons who intend to use environmental marketing claims for which the Administrator has promulgated a regulation to certify to the Administrator that the claims meet this Act's requirements. Directs persons using claims to resubmit a certification to the Administrator that the claims meet this Act's requirements if: (1) changes have been made in the product or the package that would affect its ability to meet previous regulatory requirements of the claim; or (2) new regulations have been promulgated under this Act relating to the claim being used. Makes it unlawful to fail to comply with regulations or certification requirements. Prescribes civil and criminal penalties for violations of this Act. Sets forth provisions concerning citizen suits. Directs the Administrator to conduct a public information and education campaign to enable consumers to: (1) recognize environmental marketing claims regulated under this Act and be able to distinguish them from other claims; (2) have information about the criteria used by the Administrator in establishing standards and definitions for such claims; and (3) have a better understanding about the environmental effects of products and packages. Authorizes appropriations.
United States · United States Congress · 12 March 1991
Environmental Marketing Claims Act of 1991 - Directs the Administrator of the Environmental Protection Agency to establish an environmental marketing claims regulatory program and an Independent Advisory Board to advise and make recommendations on the regulation of such claims. Requires the Administrator, in promulgating such regulations, to ensure that such claims are related to a specific environmental impact or attribute to ensure that the claims are not false or deceptive. Provides that such claims shall be substantiated on the basis of the best available scientific information. Requires the Administrator to assign products to categories based on the composition and packaging of the product. Sets forth requirements with respect to claims of recycled content, recyclability, reusability, compostability, or degradability of a product. Directs the Administrator to determine whether it is appropriate to promulgate additional regulations to: (1) reflect the best available technology to encourage higher performance levels in products and packaging; and (2) reflect the most recent scientific and practical knowledge of technological advances and improvements in manufacturing techniques and waste management. Provides for the triennial review of regulations. Authorizes interested individuals to petition the Administrator to promulgate additional regulations. Provides that an environmental marketing claim: (1) may be made two years after this Act's enactment if the environmental characteristic in the claim uses terms defined by the Administrator; (2) may not state the absence of an environmental attribute unless the attribute is a usual characteristic of the product or package or the Administrator permits such a statement because the statement would assist consumers making value comparisons with respect to environmental claims among products and packages; and (3) may not be made because the claim is misleading in light of another environmental characteristic of the product or package. Requires persons who intend to use environmental marketing claims for which the Administrator has promulgated a regulation to certify to the Administrator that the claims meet this Act's requirements. Directs persons using claims to resubmit a certification to the Administrator that the claims meet this Act's requirements if: (1) changes have been made in the product or the package that would affect its ability to meet previous regulatory requirements of the claim; or (2) new regulations have been promulgated under this Act relating to the claim being used. Makes it unlawful to fail to comply with regulation or certification requirements. Prescribes civil and criminal penalties for violations of this Act. Sets forth provisions concerning citizen suits. Directs the Administrator to conduct a public information and education campaign to enable consumers to: (1) recognize environmental marketing claims regulated under this Act and be able to distinguish them from other claims; (2) have information about the criteria used by the Administrator in establishing standards and definitions for such claims; and (3) have a better understanding about the environmental effects of products and packages. Authorizes appropriations.
United States · United States Congress · 12 March 1991
Colorado Wilderness Act of 1991 - Designates certain lands in Colorado as components of the National Wilderness Preservation System. Repeals provisions of Federal law with respect to review of specified lands by the Secretary of Agriculture for inclusion into the System. Reaffirms the Congress' commitment to ensuring reasonable access to certain valid existing rights within designated wilderness areas in Colorado. Amends the Endangered American Wilderness Act of 1978 to release a specified wilderness study area from the administration of the Secretary. Releases all public lands in Colorado, administered by the Departments of Agriculture and the Interior, not designated as wilderness by this Act, or previous legislation, from certain management provisions relating to wilderness study areas. Prohibits any further studies of public lands in Colorado by the Departments, unless expressly authorized by the Congress. Provides that the land and resource management plans (including the wilderness evaluation and environmental disclosure regarding wilderness evaluation for roadless lands) for public lands in Colorado shall not be subject to judicial review.
United States · United States Congress · 12 March 1991
Amends the Solid Waste Disposal Act to authorize the Secretary of Commerce to make grants and provide technical assistance to State, regional, or local agencies for the purpose of developing markets for recovered resources. Limits: (1) the Federal share of such grants; and (2) the total grant amount for any single grant recipient. Prohibits more than 15 percent of the total amount of funds authorized to be appropriated for such activities to be for projects in any one State. Authorizes appropriations.
United States · United States Congress · 12 March 1991
Used Oil Recycling Act of 1991 - Amends the Solid Waste Disposal Act to prohibit the Administrator of the Environmental Protection Agency from listing or identifying as a hazardous waste any: (1) recycled oil; (2) used oil transferred to a person who certifies that such oil will be rerefined, processed, or reclaimed for a beneficial purpose or stored less than 12 months prior to such transfer; and (3) used oil which has been removed from the engine of a light duty motor vehicle or household appliance by the owner, transferred to a service station dealer, and stored by the dealer for less than 12 months. Requires the Administrator to determine whether to list as a hazardous waste used oil which is a solid waste and does not satisfy the above-listed criteria. Directs the Administrator to establish management standards for the storage, testing, transportation, treatment, exportation and importation, and processing of used oil. Requires such standards to be designed to protect human health and the environment by encouraging and expanding reliance on recycling of used oil. Exempts generators of used oil from recordkeeping or reporting requirements if such generators: (1) enter into an agreement for delivery of such oil to a recycling facility whose owner or operator certifies compliance with such standards or recycles such oil; (2) do not mix the oil with any hazardous wastes; and (3) maintain necessary records relating to the oil. Prohibits mixing used oil with any hazardous waste identified under such Act except where: (1) such mixing involves an identified hazardous waste and the resulting mixture does not exhibit a characteristic identified in such Act; and (2) the used oil mixture is burned to recover useful energy such that protection of human health and the environment is assured. Deems owners or operators of facilities which process used oil for fuel to have permits for recycling activities if in compliance with management standards. Directs the Administrator to conduct inspections of such facilities to determine compliance with such standards. Requires the Administrator to implement educational programs to inform the public about the environmental and safety hazards associated with improper handling of used oil and the benefits of used oil recycling. Authorizes appropriations. Directs the Administrator to promulgate regulations concerning the procurement of used oil fuel by Federal agencies subject to the requirements of the Solid Waste Disposal Act.
Ireland · Dáil Éireann · 7 March 1991
46 Mr. Yates asked the Minister for the Environment if he has any proposals to introduce a compulsory motor vehicle test for cars over seven years old; and, if so, when.