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251 records in 1991
France · Senate · 3 October 1991
United States · United States Congress · 3 October 1991
Reclamation Land Resources Management Act of 1991 - Amends the Federal Water Project Recreation Act to: (1) provide that non-Federal public bodies shall bear at least one-half (currently, all) of the costs of operation, management, and replacement of a Bureau of Reclamation (Bureau) project for recreation or fish and wildlife enhancement; (2) remove the requirement that a non-Federal public body must execute an agreement for administering a reclamation project within ten years after initial operation of the project; (3) allow such non-Federal bodies administering such projects to lease Bureau facilities and lands after agreeing to bear at least one-half (currently, all) of the costs of operation, maintenance, and replacement of such facilities; (4) authorize the expansion of any recreation facility constructed under such Act if the facility is currently inadequate to meet such recreational needs and the non-Federal public body executes an agreement to administer such facilities pursuant to a plan under which the non-Federal public body bears at least one-half of the costs of expansion, operation, maintenance, and replacement attributable to such expansion; and (5) remove a current $100,000 limitation on the amount that the Secretary of the Interior is authorized to expend at any one reservoir in order to increase the public recreational use of such reservoir. Authorizes the Secretary, acting through the Commissioner of Reclamation, to establish certain filing fees, user charges, and other charges and commissions for entry upon and various uses of reclamation lands and to promulgate necessary regulations in connection with such land use and the protection of the public and resource values during such use. Authorizes the Secretary to prepare and continually maintain an inventory of reclamation land resources and uses, to be made available to the public, and to ascertain the boundaries of reclamation lands. Authorizes the Secretary to develop, maintain, and revise resource management plans for reclamation lands. Provides that funds expended by the Secretary in carrying out the provisions of this Act shall be nonreimbursable under the Federal reclamation laws. Authorizes the Secretary, in carrying out this Act, to acquire and dispose of property and to accept gifts of real or personal property. Authorizes the Secretary, in accordance with authorized reclamation project purposes and in compliance with applicable laws and regulations relating to such project, to manage the recreational, natural, cultural, historic, environmental, and fish and wildlife resources on reclamation lands. Authorizes the Secretary to: (1) enter into agreements for managing such lands; (2) approve the use of reclamation lands and resources by easements, licenses, and permits; and (3) seek adequate compensation for the use of resources associated with reclamation lands. States that nothing in this Act shall be construed to: (1) change, modify, or expand authorized reclamation project purposes; (2) authorize any activity that results in reduction of water supplies for any entity under contract to receive water from a project; and (3) with a specified exception, result in any increase in the cost of operation, maintenance, and repair of any reclamation project to any contracting entity. Requires the Secretary, prior to any expenditure for the expansion of a recreational facility under this Act, to determine that such expansion will not result in a delay, postponement, or lack of funding for, the repair, replacement, or rehabilitation of the water storage or delivery features of any reclamation project.
United States · United States Congress · 3 October 1991
Wetlands Improvement Act of 1991 - Amends the Federal Water Pollution Control Act to revise provisions concerning permits for dredged or fill material. Authorizes the Secretary of the Army to issue permits for the following activities conducted in navigable waters: (1) the dredging, excavation, channelization, draining, or flooding of wetlands; and (2) similar activities that impair the flow, reach, or circulation of such waters. Sets forth conditions under which a permit application is not required to receive expedited Federal review. Directs the Secretary, acting through the Corps of Engineers, and the Administrator of the Environmental Protection Agency (EPA) to submit to the Congress an analysis of the needs of the Corps of Engineers and EPA for additional personnel, administrative resources, and funding to improve implementation of the wetlands permit program. Requires specified percentages of funds for such program to be used for: (1) the training and certification of individuals as wetlands delineators authorized by the Water Resources Development Act of 1990; and (2) the improvement of existing education and outreach programs of the Corps of Engineers or EPA regarding wetlands. Requires the Director of the Fish and Wildlife Service to use: (1) specified percentages of funds for the Service for the existing wetlands mapping program and to conduct mapping in areas with the potential for delineation of large areas of wetlands; and (2) amounts as necessary to delineate wetlands in watersheds and ecosystems for which the need for delineation is particularly acute. Requires the Director to update maps under the existing program at least once every 15 years. Excludes from the definition of "wetlands" under the Federal Water Pollution Control Act any area of cropland that: (1) is manipulated and cropped before December 23, 1985; (2) no longer exhibits important wetlands functions; and (3) is of a type described in regulations issued by the Administrator. Requires the Administrator and the Secretary to contract with the National Academy of Sciences to determine the wetlands functions and values of such croplands in each of their current, abandoned, and restored states. Directs the Administrator, based on the findings of such study, to issue regulations describing croplands that are not wetlands.
United States · United States Congress · 3 October 1991
Expanded East Coast Plan Rollback Act of 1991 - Directs the Administrator of the Federal Aviation Administration (Administrator) to modify the Expanded East Coast Plan by rerouting aircraft routes over the Atlantic Ocean and, when that is not practicable, rerouting such aircraft to air routes used before adoption of the Plan, as a means of reducing aviation noise in the States of New York and New Jersey. Requires the Administrator to issue a supplemental environmental impact statement to include the effects of such modifications. Requires the Administrator to report to the Congress a description of such modifications.
United States · United States Congress · 3 October 1991
Solid Waste Metals Reduction Act - Prohibits the intentional introduction of lead, cadmium, mercury, or hexavalent chromium into a package or packaging component 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, because it is essential for the protection, safe handling, or function of the contents of the package, provided that the manufacturer, supplier, or distributor petitions the Environmental Protection Agency (EPA) for the exemption; or (3) that would not exceed the maximum concentration levels set forth in this Act but for the addition of post-consumer materials. Provides for the renewal of exemptions if the Administrator determines that a renewal is warranted. Requires packaging manufacturers or suppliers to furnish certificates of compliance (with respect to this Act's requirements) to distributors. Makes certificates of compliance, upon request, available to EPA and the public. Authorizes the assessment of civil penalties for violations of this Act.
United States · United States Congress · 3 October 1991
Amends the Solid Waste Disposal Act to exempt from solid waste management regulations, including requirements that landfills have clay or plastic liners, any landfill located in: (1) a municipality with a population of 5,000 or less; or (2) a county with a population of 10,000 or less, or fewer than 20 persons per square mile, and not within a metropolitan area.
United States · United States Congress · 2 October 1991
Combined Sewer Overflow Control Act - Amends the Federal Water Pollution Control Act to make combined sewer overflow (CSO) (defined as the discharge of untreated sanitary wastes and stormwater from combined stormwater and sanitary sewers) unlawful, except in accordance with the requirements of this Act. Requires any person owning or operating a combined stormwater and sanitary sewer from which there is CSO to notify the Administrator of the Environmental Protection Agency or the State of the CSO. Directs the Administrator to issue any such person a permit authorizing such CSO which: (1) prohibits dry water overflow; (2) requires the permittee to implement technically sound operation and maintenance practices for its sewer system designed to minimize CSO and to maximize the use of its facilities to minimize CSO; and (3) implements the study and plan required by this Act to the extent such study and plan has not been previously implemented. Provides that permits authorizing CSO issued prior to the enactment of this Act shall remain in effect until reissued or modified in accordance with this Act. Requires: (1) any such person to file with the Administrator a complete (phase II) permit application not later than 12 months after the effective date of the regulations required by this Act or two years after the effective date of this Act, whichever occurs last (deadline); and (2) the Administrator, within 12 months after the receipt of such application, to issue a permit to the applicant authorizing the CSO. Mandates that: (1) each such person complete a study and evaluation of its combined sewer system and CSO and prepare a CSO control plan by the deadline; and (2) the Administrator, within two years, establish regulations setting forth the phase II permit requirements for CSO. Sets forth additional requirements with respect to: (1) regulation contents; (2) technology-based controls; and (3) water quality-based controls. Directs the Administrator to: (1) establish, within six months, a technological clearinghouse disseminating information on controlling CSO available to States and local governments; and (2) report to the Congress, within two years, with a list of CSO outfalls, the nature and location of such outfalls, and the estimated Federal share of such costs. Requires that, whenever a State reviews water quality standards, it revises and adopts standards for those waters receiving storm sewer discharges and CSO overflow during wet weather conditions. Authorizes appropriations. Directs the Administrator to: (1) fund that portion of the cost of CSO controls beyond the financial capability of local governments upon the request of the Governor of the State in which the local government is located, subject to specified requirements; (2) set regulatory guidelines to be used by individual local governments with respect to CSO control costs; and (3) establish priorities for individual CSO control projects to be funded.
United States · United States Congress · 1 October 1991
Designates 1991 as the Year of the Bay.
European Union · European Commission · 1 October 1991
European Union · European Commission · 30 September 1991
Germany · German Bundestag · 27 September 1991
Umsetzung der EG-UVPR, Vereinbarkeit des Verkehrswegeplanungsbeschleunigungsgesetzes mit den UVP-Vorschriften und dem Beschluß des Bundestages vom 25. November 1983 anläßlich der Beratung der Richtlinie, Vorlage eines Energiewirtschaftsgesetzes gem. Beschluß auf BT-Drs 11/5532, Haltung des BMU zu einer Novellierung des UVP-Gesetzes
United States · United States Congress · 26 September 1991
Amends the Tennessee Valley Authority Act to provide that, for purposes of implementation of the acid rain provisions of the Clean Air Act Amendments of 1990, such provisions shall be under the jurisdiction of the public utilities commissions of the various States.
United States · United States Congress · 26 September 1991
Aboveground Storage Tank Act of 1991 - Amends the Solid Waste Disposal Act to regulate aboveground storage tanks used to store regulated substances. Requires owners of such tanks to provide State or local authorities with all relevant particulars about such tanks, including age, size, type, location, and uses. Requires the Administrator of the Environmental Protection Agency to issue notification and performance standards for such tanks. Requires the State to inventory all such tanks containing regulated substances, one inventory for petroleum, and another for all other regulated substances. Requires the Administrator to issue release detection, prevention, and correction regulations, including requirements for leak detection systems, reporting release prevention, closure, and upgrades, and evidence of financial responsibility. Provides for interim measures before such regulations become effective. Permits corrective actions by the Administrator or State to protect human health and the environment, but makes owners or operators of tanks liable for costs. Authorizes States to conduct Administrator-approved programs to enforce this Act. Directs the Administrator to provide technical assistance to States, local governments, and owners and operators to assist in compliance with State programs. Sets forth authorized actions when a facility owner or operator has not complied with or cannot meet financial responsibility requirements. Requires owners or operators of tanks to furnish the relevant government employees with all necessary information, including submitting their facilities to inspection and monitoring. Provides for confidentiality of such information and criminal penalties for prohibited disclosure. Authorizes the use of compliance orders to enforce this Act, providing daily civil penalties for noncompliance. Includes tanks under Federal jurisdiction under this Act, permitting exemptions of up to one year upon the President's specific request. Requires that all exemptions be reported annually to the Congress. Directs the Administrator to study aboveground storage tanks used for both the storage of petroleum and of other regulated substances. Requires that the results of such studies be reported to the President and to the Congress. Authorizes appropriations.
United States · United States Congress · 26 September 1991
Clean Water Enforcement and Compliance Improvement Amendments Act of 1991 - Amends the Federal Water Pollution Control Act to require any person subject to the requirements of such Act (currently, owners or operators of point sources) to maintain records, make reports, and allow access to information to the Environmental Protection Agency (EPA) with respect to carrying out such Act. Provides for the issuance of compliance orders, the bringing of civil actions, and the imposition of civil, criminal, or administrative penalties for violations of requirements of pretreatment programs. Repeals a provision that treats a single operational upset that leads to simultaneous violations of more than one pollution parameter as a single violation. Authorizes courts to order civil penalties to be used for mitigation projects. Raises the ceiling on the amount of administrative penalties allowed to be assessed for violations. Removes provisions that permit State enforcement actions to serve as a bar to Federal enforcement actions. States that civil penalties must be in an amount that is no less than the amount of the economic benefit or savings resulting from the violation plus interest accruing from the date of violation. Sets forth minimum civil penalties for discharges of pollutants (including hazardous pollutants) from point sources exceeding effluent limitations and from persons determined to be significant noncompliers. Requires the EPA Administrator to: (1) conduct inspections of facilities operated by significant noncompliers at which violations occurred; and (2) report annually to the Congress and to State Governors on persons classified as significant noncompliers. Prohibits the amount of civil penalties for discharges from sources exceeding effluent limitations from being compromised. Adds to the list of requirements for State pollutant discharge permit programs that such programs ensure that: (1) permits for discharges from major industrial or municipal facilities contain annual State inspection requirements; (2) permits for discharges from publicly owned treatment works require significant industrial users of the treatment works to submit monthly discharge monitoring reports as a condition to using the treatment works; (3) significant industrial users or other sources designated by the Administrator that introduce pollutants into such treatment works operate in accordance with a permit issued by the treatment works or the State; and (4) the State will grant publicly owned treatment works the authority and responsibility to conduct inspections and to assess and collect civil and administrative penalties. Sets forth inspection and discharge reporting requirements. Authorizes the Administrator to renew expired State discharge permits under certain conditions. Makes the issuance of permits modifying certain effluent limitations for toxic pollutants subject to certain public hearing requirements. Makes persons who fail to comply with orders concerning public endangerment from discharges subject to civil penalties. Authorizes citizen suits for past violations of effluent standards or limitations. Establishes the Clean Water Trust Fund. Requires the Administrator to use Fund moneys to carry out inspections and enforcement activities.
United States · United States Congress · 26 September 1991
International Development, Trade, and Finance Act of 1991 - Title I: International Monetary Fund - Amends the Bretton Woods Agreements Act to authorize the U.S. Governor of the International Monetary Fund (IMF) to: (1) consent to an increase in the U.S. quota in the IMF; and (2) accept the amendments to the Articles of Agreement of the IMF proposed in resolution 45-3 of the IMF's Board of Governors. Authorizes the Secretary of the Treasury to instruct the U.S. Executive Director of the IMF to approve the IMF's pledge to sell a specified amount of the IMF's gold to restore the resources of the Reserve Account of the Enhanced Structural Adjustment Facility Trust to meet obligations to lenders who have made loans to the Trust for financing programs of members who are in arrears to the IMF. Expresses the sense of the Congress that: (1) encouragement should be given to the efforts being made to address the political and economic problems of nations making the transition to more open political and economic systems; and (2) consideration should be given to developing relationships between such nations, the IMF, the International Bank for Reconstruction and Development, and other international financial institutions as part of assisting such nations in making such transitions. Requires the Secretary to instruct the U.S. Executive Director of the IMF to encourage the IMF to adopt procedures for the publication of economic reviews of the major industrialized nations and other commentary, as appropriate. Expresses the sense of the Congress that procedures should be instituted to review the activities of the IMF and the International Bank for Reconstruction and Development for purposes of coordinating the international economic activities of international financial institutions at the Board, management, and staff levels. Directs the Secretary to instruct the U.S. Executive Director of the IMF to: (1) advocate specified actions concerning poverty alleviation and policy framework papers; and (2) urge renewal of debt and debt service reduction programs. Requires the Secretary to report to the Congress on the debt of the Soviet Union held by commercial banks outside the Soviet Union and the prospects for repayment of such debt. Directs the Secretary to instruct the U.S. Executive Director of the IMF to encourage environmental considerations in IMF programs. Requires the Secretary to instruct the U.S. Executive Director of the IMF to support the development of programs that recognize the importance of social issues, including certain actions concerning child survival and basic education issues. Directs the Secretary, in the annual report of the National Advisory Council on International Monetary and Financial Policies, to report on: (1) the progress made by the Director in implementing such programs; and (2) any votes cast in opposition to such programs. Requires the Secretary to instruct the U.S. Executive Directors of the IMF and the International Bank for Reconstruction and Development to obtain a joint determination from the Bank and the IMF, with respect to any proposed loan to a member nation, as to whether the nation is engaged in arms and weapons expenditures that: (1) are excessive to its national circumstances; or (2) constitute an impediment to sound management of its economy and achievement of sustained long-term growth. Directs the Secretary to instruct the Directors to: (1) oppose loans to any nation determined to be engaged in excessive weapons expenditures, unless the nation makes a commitment to reducing its weapons expenditures; and (2) report to the Secretary on any loan the United States supports to a country determined to be engaged in excessive weapons expenditures. Title II: International Bank for Reconstruction and Development and Affiliates - Subtitle A: International Finance Corporation - Amends the International Finance Corporation Act to authorize the U.S. Governor of the International Finance Corporation to subscribe to additional shares of the Corporation's capital stock. Authorizes appropriations. Subtitle B: International Bank for Reconstruction and Development - Amends the Bretton Woods Agreements Act to require the Secretary of the Treasury to instruct the U.S. Executive Director of the International Bank for Reconstruction and Development to advocate specified measures to alleviate poverty. Expresses the sense of the Congress that the Bank and the International Development Association should: (1) give greater programmatic and budgetary priority to the survival and development of children; and (2) make a commitment to devoting at least five percent of the annual lending of such entities to primary health and basic education, respectively. Directs the Secretary to instruct the U.S. Executive Director of the Bank to urge: (1) renewal of debt and debt service reduction programs; (2) the establishment of a program to provide technical assistance to the Baltic States and the Soviet Union in support of democratic reforms, human rights, the rule of law, and market-oriented reforms; and (3) the coordination of such program with the programs of other donors. Subtitle C: Financial Assistance for Global Environmental Protection - Global Environmental Protection Assistance Act of 1991- Authorizes the Secretary to contribute a specified amount to the Global Environmental Facility of the International Bank for Reconstruction and Development if the Secretary has certified to specified congressional committees that the Facility has made progress toward implementing certain measures set forth in this Act. Authorizes appropriations. Amends the International Financial Institutions Act to direct the Secretary of the Treasury to report to the House Committee on Banking, Finance and Urban Affairs and the Senate Foreign Relations Committee on the progress made by the multilateral development banks in achieving objectives concerning debt-for-nature exchanges and lending for the environment. Title III: Enterprise for the Americas Initiative - Declares that it is the purpose of this title to support improvement in the lives of the people of Latin America and the Caribbean and economic growth through initiatives to promote debt reduction, investment reforms, trade liberalization, and community-based conservation and sustainable use of the environment. Subtitle A: Provisions Relating to the Enterprise for the Americas Investment Fund at the Inter-American Development Bank - Amends the Inter-American Development Bank Act to direct the Secretary of the Treasury to instruct the U.S. Executive Director of the Inter-American Development Bank to seek the establishment of a fund that meets the requirements of this title. Authorizes the Secretary to seek contributions to the fund from other countries. Sets forth as the requirements for this title that: (1) the U.S. Government and the President of the Bank have concluded an agreement that establishes and sets forth conditions for the use of an Enterprise for the Americas Investment Fund at the Bank; (2) at least three different governments have made a commitment to donate to the Fund; (3) substantial amounts are pledged as contributions to the Fund; and (4) the Secretary has transmitted a copy of the agreement to the chairman of the House Committee on Banking, Finance and Urban Affairs and the President of the Senate. Authorizes the Secretary to contribute to the Fund if such requirements are met. Authorizes appropriations. Directs the Secretary, if a Fund is established, to instruct the U.S. Executive Director of the Bank to oppose any proposed action of the Fund that would have a significant adverse environmental impact unless an impact assessment has been available for at least 120 days before the vote. Subtitle B: Enterprise for the Americas Facility - Establishes in the Department of the Treasury the Enterprise for the Americas Facility to administer debt reduction operations for countries that meet investment reforms and other policy conditions. Makes eligible for Facility benefits Latin American or Caribbean countries that: (1) have in effect, received approval for, or are making progress toward, specified IMF arrangements and structural or sectoral adjustment loans from the International Bank for Reconstruction and Development or the International Development Association; (2) have put in place major investment reforms in conjunction with an Inter-American Development Bank loan or are implementing or making progress toward an open investment regime; and (3) have agreed with commercial bank lenders on a financing program for debt or debt service reduction. Subtitle C: Sales, Reductions, or Cancellations of Loans - Authorizes the President to: (1) sell to any eligible purchaser any loan made to an eligible country before 1991 pursuant to the Export-Import Bank Act of 1945; and (2) reduce or cancel such loan on receipt of payment from an eligible purchaser only for purposes of facilitating debt-for-equity, debt-for-development, or debt-for-nature swaps. Authorizes appropriations. Subtitle D: Reports and Consultations - Sets forth reporting and congressional consultation requirements for the President with respect to the Enterprise for the Americas Facility. Title IV: Asian Development Bank - Amends the Asian Development Bank Act to authorize the U.S. Governor of the Asian Development Bank to subscribe to additional shares of the Bank's capital stock. Authorizes appropriations. Title V: African Development Fund - Amends the African Development Fund Act to authorize the U.S. Governor of the African Development Fund to contribute a specified amount to the sixth replenishment of the Fund. Authorizes appropriations. Title VI: Export-Import Bank - Amends the Export-Import Bank Act of 1945 to repeal a provision concerning limitations on financing for exports to the Soviet Union. Directs the Export-Import Bank to: (1) develop a program for providing guarantees and insurance with respect to the export of high technology items to SEED program countries (defined under the Support for East European Democracy (SEED) Act of 1989); and (2) inform high technology companies about Bank programs for U.S. companies interested in exporting high technology goods to such countries. Earmarks funding for such programs. Directs the Bank to report to the Congress on the demand for loans, guarantees, and insurance for trade between the United States and the Baltic States and the Soviet Union and to make recommendations for the promotion of trade between the United States and such countries. Prohibits the Bank from guaranteeing, insuring, or participating in an extension of credit in connection with any credit sale of defense articles or services to foreign countries (currently, countries designated under a section of the Internal Revenue Code as economically less developed countries). Exempts from such prohibition articles or services sold on or before September 30, 1994, that will be used only for antinarcotics purposes. Applies such exemption with respect to sales to a country that has previously obtained defense articles or services from a U.S. person only if the President determines that the country: (1) has complied with all U.S. restrictions on the end use of such articles and services; and (2) has not used such articles and services to engage in a consistent pattern of human rights violations. Requires the Comptroller General to study and report to the House Committee on Banking, Finance and Urban Affairs and the Senate Committee on Banking, Housing, and Urban Affairs on the Bank's participation in financing such sales. Expresses the sense of the Congress that the President should make the determination that Estonia, Latvia, and Lithuania have ceased to be Marxist-Leninist countries for purposes of waiving restrictions on Bank aid to such countries. Title VII: Multilateral Development Banks - Subtitle A: Energy Efficiency - International Energy Efficiency Financing Act of 1991 - Amends the International Financial Institutions Act to require the Secretary of the Treasury to instruct the U.S. Executive Directors of the multilateral development banks to: (1) demonstrate programs for measuring the application of systems energy efficiency planning and techniques; and (2) advocate procedures that require assessments of the impacts of proposed actions that would have a significant impact on energy efficiency before votes in favor of such actions. Directs the Secretary to seek the adoption of policies which result in access to the public of energy efficiency assessments by the borrowing countries and the lending institutions. Subtitle B: Alleviation of Poverty, Reduction of Barriers to Economic and Social Progress, and Other Provisions - Requires the Secretary to instruct the U.S. Executive Directors of the regional multilateral development banks to advocate the establishment of an organizational unit to aid bank management policies for the reduction of poverty and of barriers to economic and social progress and equity. Directs the Secretary to instruct the U.S. Executive Directors of the international financial institutions to: (1) encourage borrowing countries to involve women in development activities and to develop fair labor practices guidelines for such countries; (2) urge such institutions to reflect the diversity of the population in hiring practices and to strengthen and expand recruitment, hiring, and promotion of minorities and women; and (3) urge such institutions to adopt compensation policies to ensure that comparable pay is provided for people in comparable jobs. Requires the Secretary to instruct the U.S. Executive Directors of the multilateral development banks to oppose any loan, except for basic human needs, to Ethiopia, Somalia, or Sudan until the President certifies to the Senate Foreign Relations Committee and the House Committees on Banking, Finance and Urban Affairs and Foreign Affairs, respectively, that the government of the country has: (1) begun to implement peace or national reconciliation agreements; (2) demonstrated a commitment to human rights; (3) manifested a commitment to democracy and has held or scheduled free and fair elections; and (4) agreed to distribute development assistance without discrimination. Directs the Secretary to instruct the U.S. Executive Directors of the IMF and specified multilateral lending institutions to support membership of the Soviet Union in such institutions after the President certifies that the Soviet Union is implementing specified economic and political reforms and terminating military assistance to repressive regimes or nations which support terrorism. Subtitle C: Financial Integrity - Requires the Secretary to instruct the U.S. Executive Directors of the international financial institutions to ensure the establishment of offices of Inspectors General in such institutions. Title VIII: Consolidation of Reports - Requires annual reports submitted by the Chairman of the National Advisory Council on International Monetary and Financial Policies to include summaries of reports required under the Bretton Woods Agreements Act.
United States · United States Congress · 26 September 1991
Hazardous Materials Listing Act - Amends transportation law to provide for the designation of materials that may pose an unreasonable risk to the environment when transported as hazardous materials. Amends the Federal Railroad Safety Act of 1970 to include in emergency powers the authority to abate situations which involve a hazard of substantial harm to the environment. Requires the Secretary of Transportation, in the administration of the Hazardous Materials Transportation Act, to consult on a regular basis with the Administrator of the Environmental Protection Agency to ensure that the designation of hazardous materials includes all hazardous materials that may be accidentally discharged into the air, water, or soil by any carrier.
United States · United States Congress · 26 September 1991
Declares it to be the policy of the Congress that the United States should address environmental issues during all multilateral and bilateral trade negotiations. Requires the United States Trade Representative to: (1) reform articles of the General Agreement on Tariffs and Trade (GATT) to reflect the national environmental laws of contracting parties and international treaties, conventions and other agreements; (2) secure a working party on trade and the environment within the GATT which would include United Nations agencies with environmental expertise such as the United Nations Environmental Program and the United Nations Conference on Trade and Development; and (3) take an active role in developing trade policies that make GATT more responsive to environmental concerns.
Germany · German Bundestag · 25 September 1991
Aussprache auf Verlangen der Gruppe der PDS/LL, unabhängig von einer Fragestunde
United States · United States Congress · 24 September 1991
Directs the Secretary of the Interior to: (1) transfer specified Federal lands in the county of Clear Creek, Colorado; and (2) file maps and legal descriptions of the Federal lands administered by the Bureau of Land Management in such county with specified congressional committees. Requires that: (1) the acreage and legal descriptions of such lands to be transferred to non-Federal owners be determined to the Secretary's satisfaction; and (2) the cost of additional surveys required by the Secretary be borne by such non-Federal owners. Directs the Secretary to transfer specified Federal lands to the U.S. Forest Service, to be added to the Arapaho National Forest, subject to valid existing rights. Requires the Secretary to transfer specified Federal lands to: (1) the town of Silver Plume, Colorado; (2) the town of Georgetown, Colorado; (3) the county of Clear Creek, Colorado; and (4) the State of Colorado. Makes such transfers subject to valid existing rights, a reservation with respect to mineral rights, and the requirement that such lands be used only for recreation and public purposes. Directs the Secretary to transfer specified other Federal lands to the county of Clear Creek, Colorado, subject to valid existing rights and a reservation with respect to mineral rights. Bars the Secretary from transferring such lands until the county develops an implementation plan, to the Secretary's satisfaction, under which the county agrees to: (1) identify and protect access routes and important resource values on such lands, including threatened or endangered species, and historic and cultural resources; and (2) identify the portion of such lands that the county intends to sell and require that 50 percent of the net proceeds of the sale of any portion of such lands be expended by the county for parks, open space, historical preservation, historical interpretation, or environmental education.
United States · United States Congress · 24 September 1991
Federal Facility Energy Efficiency and Environmental Improvement Act of 1991 - Directs the Secretary of Energy to establish demonstration programs of commercially available and long-term energy efficiency and renewable energy technologies for Federal use in federally owned buildings and facilities. Authorizes FY 1992 through 1994 appropriations. Establishes an Advanced Federal Building Research and Development Program. Authorizes FY 1992 through 1994 appropriations. Requires Federal procurement to maximize the use of cost effective energy-using equipment and recyclable products. Provides for Federal agency shared energy savings, including demonstration projects. Requires the Architect of the Capitol to establish a shared energy savings demonstration program. Directs the Secretary to develop a simplified method of energy savings services procurement.
United States · United States Congress · 24 September 1991
State Solid Waste Management Act - Amends the Solid Waste Disposal Act to authorize each State to enact and enforce laws: (1) regulating the treatment, disposal, and other disposition of solid waste within such State, including imposing fees; and (2) banning the importation of solid waste beginning five years after enactment of this Act if the State has an approved solid waste management plan. Authorizes two or more States to negotiate an agreement or compact, not in conflict with a Federal law or treaty, to provide for the treatment, disposal, or other disposition of solid waste (but no such agreement or compact shall take effect until approved by the Congress). Exempts specified waste from such regulation. Requires State solid waste management plans to require that the State: (1) identify the amount of solid wastes by waste type that are reasonably expected to be generated within the State or accepted from another State during the 20-year period following enactment of this Act; (2) identify the amount of solid waste to be reduced during such 20-year period through source reduction, recycling, and resource recovery; and (3) establish a process to assure the availability of solid waste treatment storage and disposal facilities permitted under such Act. Requires a State, when identifying the amount of solid waste management capacity necessary for the solid waste identified, to take into account solid waste management compacts in effect on the date of the enactment of this Act within the State and one or more States. Requires that a State solid waste management plan: (1) include procedures for the development of new and expanded solid waste management facilities, including the establishment of a process for the siting, and a schedule for the approval and construction, of such facilities; (2) describe solid waste management practices and programs, based on the State's environmental and economic conditions, to promote source reduction and recycling; (3) set forth specified recycling goals; (4) identify existing State and regional markets for recyclable materials and actions that the State will take to promote and develop recycling markets; (5) provide for a program requiring all solid waste management facilities to register with the State and that only registered facilities may manage solid waste identified in the plan; (6) identify and coordinate the responsibilities of State, local, and regional authorities; (7) provide for technical and financial assistance to local communities to meet plan requirements; and (8) specify the conditions under which the State will authorize a person to accept solid waste from other States, for purposes of solid waste management other than transportation, and ensure that such waste is managed in accordance with the plan and that acceptance of such waste will not impede the ability of the State of final destination to manage solid waste generated within its borders. Sets forth additional plan requirements, unless the State demonstrates that their inclusion is impracticable, including: (1) a policy requiring the State and its political subdivisions to procure products made with recyclable materials; and (2) a program to encourage composting. Sets forth plan submission and approval procedures. Authorizes the Administrator of the Environmental Protection Agency to develop a plan for any State that fails to do so. Requires the Administrator to provide financial assistance to States for solid waste management, source reduction, or recycling activities. Authorizes the Administrator to award matching grants for creating and supporting innovative techniques for the recycling of solid waste. Prohibits the receipt of more than one grant and places a ceiling on the amount for a single recipient. Authorizes appropriations.
United States · United States Congress · 19 September 1991
Automobile Recycling Study Act of 1991 - Directs the Administrator of the Environmental Protection Agency to: (1) study and report to the Congress on the potential for increased recycling of automobile components in the United States and the steps needed to increase such recycling; and (2) establish an advisory committee composed of representatives of the automobile manufacturing, recycling, automotive materials, and automotive dismantling industries, State and local governments, and nongovernmental organizations to advise the Administrator on issues pertaining to the report.
United States · United States Congress · 17 September 1991
Designates 1992 as the Year of the Gulf of Mexico. Directs all Federal and State agencies which have responsibility for matters affecting the Gulf to work to increase public awareness regarding the immeasurable value of this resource and current conditions which threaten its aesthetic and economic value.
Germany · German Bundestag · 17 September 1991
Einbeziehung der Nichtregierungsorganisationen (NG0's) in die Vorbereitungen, Haltung des BMU, Weigerung der USA, über eine Klimaschutzkonvention zu verhandeln
United States · United States Congress · 16 September 1991
Gulf of Mexico Preservation Act of 1991 - Directs the Administrator of the Environmental Protection Agency (EPA) to establish a Gulf of Mexico Program. Establishes within EPA a Gulf of Mexico program office (Office), to be headed by a Director appointed by the Administrator. Sets forth the duties of the Director, including collecting and making available information concerning the environmental quality of the Gulf and assisting the Administrator: (1) in coordinating Office activities with coastal and marine resources-related activities of any Federal, State, or local departments, institution of higher education, or private industry with a significant interest in coastal and marine resources; (2) by developing a comprehensive conservation and management plan (Plan) for the Gulf; and (3) in awarding grants. Lists duties of the Administrator, including overseeing the activities of the Director, conducting periodic reviews and evaluations of Program activities, and overseeing the development and implementation of cooperative programs with Federal, State, and local departments. Requires the Director to: (1) conduct a research project to determine the changes in the quality of the environment of living resources of the Gulf resulting from human activity and the changes attributable to other causes; and (2) give special attention, in carrying out such project, to changes in wildlife, shellfish, and key fish populations and assess any interrelated changes to the quality of the living resources of the Gulf. Specifies that such project shall include: (1) an assessment of the impact on the environment of such living resources of pollutants, nutrient loading, acid precipitation and deposition, the dumping of medical and plastic wastes, coastal beach erosion, and habitat degradation; (2) the use of measurements of dissolved oxygen as a determinant of water quality; (3) an assessment of the type and degree of bacterial infection in key fish species of the Gulf; and (4) an assessment of oil spill response activites in the Gulf. Directs the Administrator to conduct a study of regional environmental problems in the Gulf that are not confined to the jurisdiction of any Federal, State, or foreign entity. Authorizes the Administrator, upon completion of such study, to suggest entering into a cooperative agreement with, or participating in, a joint commission with the Mexican Government and any other appropriate foreign country to address such problems. Bars any such agreement from entering into force or such commission from convening prior to the date of issuance of the Plan. Requires the Administrator to develop and implement the Plan, which shall: (1) outline specific activities to be conducted under the Program by the Administrator; (2) provide for cooperative activities under the Program with Federal, State, and local agencies and with institutions of higher education and private industries with a significant interest in coastal and marine resources; and (3) set forth recommendations for actions by States to abate pollution in the Gulf or to otherwise improve environmental quality with respect to the living resources of the Gulf. Directs the Administrator to establish a program to award grants to assist States in implementing such recommendations. Authorizes appropriations. Earmarks 70 percent of appropriated funds for the grant program. Specifies that, in any budget proposal submitted by the Administrator for inclusion in the President's annual budget submitted to the Congress, the Administrator shall request that funding of the office be included as a separate line item.
United States · United States Congress · 16 September 1991
Designates 1992 as the Year of the Gulf of Mexico. Expresses the sense of the Congress that governmental entities that have responsibilities relating to the Gulf should work to increase public awareness concerning the immeasurable value of the Gulf's resources and conditions that threaten its aesthetic and economic value.
United States · United States Congress · 12 September 1991
Drug Supply Reduction Act of 1991 - Title I: Interdiction Systems Improvements - Order To Land and To Bring To Act of 1991 - Amends the Federal criminal code to make it unlawful for a pilot or operator (pilot) of any aircraft which has crossed the border of the United States, or any aircraft subject to U.S. jurisdiction operating outside the United States, to refuse to obey the order of an authorized Federal law enforcement officer to land (in enforcing controlled substances or money laundering provisions). Directs the Secretaries of the Treasury and of Transportation to: (1) prescribe regulations governing the means by which an order to land may be communicated to a pilot by Federal law enforcement officers; and (2) delegate Federal law enforcement seizure and forfeiture responsibilities under this title to other law enforcement officers. Makes it unlawful for any master, operator, or person in charge (master) of a U.S. vessel or vessel under U.S. jurisdiction to fail to stop and land upon being ordered to do so by a Federal law enforcement officer authorized to issue such an order. Specifies that consent or waiver of objection by a foreign nation to the enforcement of U.S. law by the United States under this Act may be obtained by radio, telephone, or similar oral or electronic means and may be proved by certification of the Secretary of State or the Secretary's designee. Sets forth penalties for violation of this Act. Authorizes the seizure and forfeiture of any aircraft that is used in violation of this Act. Provides for the immediate revocation of the registration of an aircraft upon the failure of the operator to follow the order of a Federal law enforcement officer to land the aircraft. Directs the Administrator to: (1) notify the owner of the aircraft that such person no longer holds U.S. registration for such aircraft; and (2) establish procedures for the owner of the aircraft to show cause why the registration was not revoked as a matter of law by operation of such provision, or why circumstances existed pursuant to which the Administrator should determine that it would be in the public interest to issue a new certificate of registration to the owner, effective concurrent with the revocation. Authorizes the Coast Guard to issue orders, make inquiries, searches, seizures, and arrests, and take other lawful action relating to violations of U.S. laws occurring aboard any aircraft over the high seas or waters over which the U.S. has jurisdiction. Establishes a civil penalty of up to $5,000 for any master of a vessel or pilot or operator of an aircraft who intentionally fails to comply with an order of a Coast Guard commissioned officer, warrant officer, or petty officer to stop or land, as well as in rem liability with respect to the aircraft. Amends the Tariff Act of 1930 to establish analogous civil penalties with respect to intentional failures to obey an order to land. Title II: New Coast Guard Authorities - Coast Guard Assistance Act of 1991 - Authorizes the Coast Guard: (1) to exchange information with international organizations (currently limited to foreign governments); (2) to suggest to the Secretary of State international collaboration and conferences on all matters dealing with maritime law enforcement and maritime environmental protection (currently limited to safety of life and property at sea); and (3) when so requested by the Secretary, to utilize its personnel and facilities to assist any foreign government or international organization to perform any activity for which such personnel and facilities are especially qualified. Authorizes the President, upon application from foreign governments or international organizations (current law excludes the latter) to utilize officers and enlisted members (under current law, to detail members) of the Coast Guard to assist such governments or organizations in matters concerning which the Coast Guard may be of assistance. Amends the Mansfield Amendment to permit maritime law enforcement operations in archipelagic waters of foreign countries. Title III: Financial Enforcement - Financial Enforcement Act of 1991 - Prohibits structuring transactions to evade reporting requirements with respect to identification, verification, and recordkeeping required to purchase certain monetary instruments. Authorizes the Secretary of the Treasury to prescribe regulations requiring that financial institutions report suspicious transactions relevant to possible violation of law or regulation. Bars such an institution from notifying any person involved in the transaction that such transaction has been reported. Makes provisions of the Right to Financial Privacy Act of 1978 (RFPA) applicable with respect to protection from liability for notification by financial institutions to a Government authority of the existence of information in records relevant to a possible violation of statute or regulations. Authorizes the Secretary to prescribe: (1) regulations requiring financial institutions to have anti-money laundering programs; and (2) minimum standards for such programs. Bars any financial institution, or officer, director, employee, or agent of such institution (financial institution), from disclosing the existence or terms of an order requiring a domestic financial institution or group of institutions in a geographic area to report with respect to records of domestic coin and currency transactions. Amends the RFPA to: (1) shield from liability financial institutions for refusal to do business with any person before or after disclosure of a possible violation of law or regulation to a Government authority; and (2) authorize the transfer of financial records originally obtained by an agency in accordance with such Act to the Secretary for analysis and use by the Financial Crimes Enforcement Network for criminal law enforcement purposes without customer notice. Amends the Controlled Substances Act (CSA) to transfer control of the Drug Pollution Fund from the Secretary of the Treasury to the Secretary of Agriculture. Title IV: Drug Testing - Amends the Federal criminal code to require: (1) the Director of the Administrative Office of U.S. Courts to establish a program of drug testing of Federal offenders on postconviction release, including such standards and guidelines as deemed necessary to ensure the reliability and accuracy of such programs; and (2) the chief probation officer, in each district where it is feasible, to arrange for the drug testing of defendants on postconviction release pursuant to a conviction for a felony or other specified offenses. Requires the court to provide, as an explicit condition of a sentence of probation for a felony, an offense involving a firearm, a drug or narcotic offense, or a crime of violence, that the defendant refrain from any unlawful use of a controlled substance and submit to periodic drug tests. Specifies that: (1) this latter condition may be suspended or ameliorated upon request of the Director or the Director's designee; and (2) a defendant who tests positive may be detained pending verification of a drug test result. Sets forth similar requirements with respect to the supervised release and parole of persons convicted of such offenses. Provides for the revocation of probation, supervised release, and parole for unlawfully using a controlled substance or refusing to cooperate in drug testing. Amends the Omnibus Crime Control and Safe Streets Act of 1968 (Omnibus Act) to condition eligibility for drug control and system improvement grants on a State's implementation of a drug testing program for targeted classes of persons subject to charges, confinement, or supervision by the State (but does not require the State to expend an amount for drug testing in excess of ten percent of the minimum amount which such State is eligible to receive under such Act). Directs the Attorney General to promulgate regulations to implement such provision and to ensure the reliability and accuracy of drug testing programs. Title V: Other Law Enforcement System Improvements - Drug Law Enforcement System Improvements Act of 1991 - Provides for enhanced penalties for drug trafficking in prisons. Amends the Anti-Smuggling Act of 1935 to provide that prima facie evidence that a vessel, vehicle, or other conveyance is being, has been, or is attempted to be employed in smuggling or to defraud the revenue of the United States shall be the fact that a vessel fails to display lights under specified circumstances and, in the case of a vehicle or other conveyance, that it has a compartment or equipment that is built or fitted for smuggling and is not part of the normal vehicle configuration. Amends the Tariff Act of 1930 to make the penalty for failure to declare a controlled substance 1,000 percent of the value of the article (as under current law) or $500, whichever is greater. Amends the Anti-Drug Abuse Act to make amendments with respect to certain Internal Revenue Service undercover operations effective upon the date of the enactment of this Act. Amends the CSA to authorize the Attorney General to bring a civil action against any person who violates drug paraphernalia provisions of such Act and to assess a civil penalty of up to $100,000 and grant other appropriate (including injunctive) relief. Specifies that if a defendant is found by the court to be in possession of a controlled substance, thereby violating such defendant's probation, the court shall resentence such person to a sentence that includes a term of imprisonment (under current law, to not less than one-third of the original sentence). Amends the Controlled Substances Import and Export Act (CSIEA): (1) and the CSA to make penalties applicable to offenses involving less than 50 kilograms of marihuana applicable with respect to less than 50 kilograms of a mixture or substance containing a detectable amount of marihuana; and (2) to reduce from 100 to 50 the number of marihuana plants needed to qualify for specified penalties. Adds drug conspiracies and attempts and serious crack possession offenses by juveniles as warranting adult prosecution. Makes serious drug offenses by juveniles predicates to punishment under the Armed Career Criminal Act. Adds certain drug offenses as requiring fingerprinting and records for recidivist juveniles under the CSA and CSIEA. Amends the CSA and CSIEA to require that persons violating specified CSA provisions after two or more prior convictions for a felony drug offense have become final be sentenced to a mandatory term of life imprisonment without release and be fined under such Act. Increases penalties for a second offense of distributing drugs to a minor. Amends the Omnibus Act to authorize States to request a waiver of the four-year limitation for effective Bureau of Justice Assistance projects, subject to specified limitations.
France · Senate · 10 September 1991
La préservation de la qualité de l'eau (distribution de l'eau potable et traitement des eaux résiduaires)
United States · United States Congress · 10 September 1991
Montana National Forest Management Act of 1991 - Designates certain lands in Montana as components of the National Wilderness Preservation System (System). Directs: (1) the Secretary of Agriculture to file maps and legal descriptions of each wilderness area so designated with specified congressional committees; (2) that such maps and descriptions be on file and available for public inspection in the office of the Chief of the Forest Service; and (3) that each area so designated be administered by the Secretary, subject to valid existing rights. Declares that it is not the intent of the Congress that: (1) such designation will not lead to the creation of protective perimeters or buffer zones around wilderness areas; and (2) the fact that nonwilderness activities or uses can be seen or heard from within a wilderness area shall not preclude such activities or uses up to the boundary of the wilderness area. Sets forth provisions with respect to: (1) the grazing of livestock; (2) State fish and game authority; (3) hunting; (4) the installation and maintenance of, and access to, hydrological, meteorological, or climatological collection devices and facilities; and (5) water rights. Determines and directs that: (1) decisions to allocate roadless areas to wilderness or nonwilderness categories pursuant to the Land and Resource Management Plans and associated environmental impact statements for the National Forest in the State of Montana (Plans), and the environmental analyses directly related to such allocations, not be subject to judicial review, with exceptions; (2) the Department of Agriculture not be required to review the wilderness option prior to the revision of the Plans, but review such option when such plans are revised (at least every 15 years), unless prior to that time the Secretary finds that conditions in a unit have significantly changed; (3) specified National Forest System (NFS) lands in Montana which were not designated as wilderness, special management, national recreation, or wilderness study areas be managed for multiple use and those areas need not be managed for the purpose of protecting their suitability for wilderness designation prior to or during revision of the initial Plans; (4) if revised Plans are implemented, areas not recommended for wilderness designation need not be managed for such purpose prior to or during revision of such Plans and areas recommended for wilderness designation be managed for such purpose; and (5) unless expressly authorized by the Congress, the Department not conduct any further statewide roadless area review and evaluation of NFS lands in Montana for purposes of determining their suitability for inclusion in the System. Designates certain special management areas for purposes of conserving, protecting, and enhancing scenic, fish and wildlife, biological, educational, and recreational values. Directs the Secretary to: (1) file maps for such areas with specified congressional committees; and (2) administer areas designated so as to achieve the purposes of their designation as national recreation areas, with exceptions. Withdraws all federally-owned lands within the areas so designated from all forms of entry, appropriation, and disposal under the mining and public land laws, and disposition under the geothermal and mineral leasing laws, subject to valid existing rights. Permits the removal of minerals from such lands if the Secretary finds that such disposition would not have adverse effects on the administration of such areas. Authorizes: (1) the Secretary to permit management activities compatible with the purposes of which the areas were designated and measures deemed necessary in the event of fire, or infestation of insects or disease; and (2) the use of motorized equipment and the grazing of livestock, subject to specified limitations. Directs: (1) the Secretary to manage the Mount Helena and Hyalite National Education and Recreation Areas with a focus on education; (2) that all management activities be conducted in a way that provides the public with an opportunity to become better informed about natural resource protection and management; (3) that designated special management areas be administered as components of the national forests wherein they are located; and (4) that specified land and resource management plans for the affected national forests emphasize achieving the purposes for which the areas are designated. Designates the Elkhorns National Recreation and Wildlife Area, to be managed as a national recreation area that emphasizes big game habitat. Designates specified lands in the Custer National Forest and the Gallatin National Forest, and the Lolo National Forest as wilderness study areas. Requires the Thompson-Seton Wilderness study area to be managed to protect its suitability for inclusion in the National Wilderness Preservation System until the Congress determines otherwise. Withdraws federally-owned lands in the Badger-Two Medicine Area from all forms of entry, appropriation, and disposal under the mining and public land laws and from disposition under the geothermal and mineral leasing laws, subject to valid existing rights. Directs the Secretary to manage such Area so as to protect its currently existing wilderness qualities. Specifies that: (1) nothing in this Act precludes the gathering of timber by the Blackfeet Tribe in exercise of valid treaty rights within such Area; and (2) with respect to oil and gas leases on Federal lands within such Area, no disturbance shall be permitted pursuant to such leases until the Congress determines otherwise, and the term of any such lease subject to the limitations imposed by this Act shall be extended for a period of time equal to the term that such limitation remains in effect. Directs the Secretary to: (1) conduct a review of such Area; (2) establish a committee composed of representatives of the Blackfeet Tribal Business Council, the Pikuni Traditionalist Association, the National Park Service, and representatives of the user public (including environmental and user industry groups) to regularly advise the Secretary on the development of the report and submit its findings to the Congress; (3) give special consideration to the religious, wilderness, and wildlife uses of the Area, including any treaties with the Blackfeet Nation; and (4) establish a process to provide information to the Tribe and interested public about options for future designation of such Area. Directs the Secretary to: (1) exchange specified lands with Plum Creek Timber, L.P. (the company); and (2) acquire certain lands and interests in land of the company in and adjacent to the Hyalite-Porcupine-Buffalo Horn Wilderness Study Area, the Scapegoat Wilderness Area, and other land in the Gallatin National Forest. Sets forth provisions with respect to: (1) easements; (2) maps; (3) the timing of the transactions; and (4) incorporation of lands conveyed to the United States into the national forests. Authorizes appropriations. Authorizes the Secretary to acquire, by exchange, certain mineral interests owned by the company or an affiliate. Specifies that mineral interests conveyed by the United States pursuant to this Act shall underlie lands the surface of which are owned by the company (but if there are insufficient federally-owned mineral interests of approximately equal value underlying company lands, the Secretary and the Bureau of Land Management (BLM) may identify for exchange any other federally-owned mineral interest in land in Montana of which the surface estate is in private ownership). Provides that the execution and performance of an exchange agreement and the taking of other actions pursuant to this Act shall not be deemed a major Federal action significantly affecting the quality of the environment within the meaning of the National Environmental Policy Act of 1969, nor shall they require the preparation of an environmental assessment under this Act. Directs that the Bitter Creek Wilderness Study Area and approximately 2,500 acres of the Axolotl Lakes Wilderness Study Area no longer be subject to the requirement of the Federal Land Policy and Management Act of 1976 pertaining to management in a manner that does not impair suitability for preservation as wilderness. Redesignates the Rattlesnake National Recreation Area and Wilderness as the Rattlesnake National Education and Recreation Area and Wilderness. Expresses the congressional policy that the U.S. Forest Service acquire and maintain reasonable public access to NFS lands in Montana. Authorizes appropriations.
United States · United States Congress · 2 August 1991
Waste Isolation Pilot Plant Land Withdrawal Act of 1991 - Withdraws from all forms of entry, sale, and disposal under the public land laws and from all forms of appropriation and operation under mining and mineral leasing laws the public lands in Eddy County, New Mexico, which surround the Waste Isolation Pilot Plant (WIPP) (a Department of Energy (DOE) research and development facility authorized to demonstrate the safe disposal of defense radioactive waste). Describes the lands to be withdrawn. Revokes specified public land orders made inconsistent by this Act. Makes the Secretary of Energy responsible for management of the withdrawn lands. Requires the Secretary to develop a management plan for the withdrawn lands requiring any use of such lands for activities not associated with WIPP to be subject to conditions and restrictions that may be necessary to permit the conduct of WIPP activities. Requires the management plan to permit domestic livestock grazing, hunting and trapping, maintenance of wildlife habitat, the disposal of salt tailings remaining on the surface, and mining, subject to prescribed guidelines. Authorizes the Secretary to close to the public any part of such withdrawn lands if required for public health and safety. Directs the Secretary to submit the management plan to appropriate congressional committees and the State of New Mexico. Provides for ongoing review by the National Academy of Sciences (NAOS), the State, the WIPP Environmental Evaluation Group (EEG), and the Administrator of the Environmental Protection Agency (EPA) of a proposal to be developed by the Secretary for an experimental program at the WIPP site to demonstrate compliance with EPA standards issued below for the disposal of transuranic radioactive waste. Outlines requirements applicable to such demonstration, including those prohibiting radioactive wastes from being received at WIPP until after the EPA Administrator certifies to the Congress and the State that the Secretary has demonstrated compliance with the disposal standards issued below for transuranic radioactive waste. Requires the EPA Administrator to publish proposed environmental standards for the disposal of transuranic radioactive waste, which will be made final one year after this Act is enacted. Requires the Secretary, with respect to WIPP, to comply in all respects with the environmental standards for management and storage issued by the EPA Administrator, beginning on the date of enactment of this Act. Requires the Secretary to comply fully with the final environmental standards for the disposal of transuranic radioactive waste. Requires the EPA Administrator, with respect to the transuranic radioactive waste at WIPP, to certify to the Congress whether the Secretary has complied with the environmental standards for disposal issued by the EPA Administrator. Requires the Secretary to comply with the environmental standards for the disposal of transuranic radioactive waste as in effect on November 18, 1985, if the Administrator fails to publish the proposed or final environmental standards for such a disposal. Requires WIPP to use engineered barriers as well as natural barriers to isolate the radioactive waste after disposal in compliance with applicable EPA standards. Outlines minimum specifications for such barriers. Requires the Secretary to also include waste from modifications in WIPP, if appropriate under certain circumstances. Provides that if WIPP fails to meet final EPA disposal standards by six years after enactment of this Act, the Secretary shall ensure that the waste is removed from the site within one year and WIPP will be decommissioned and the land withdrawl provided by this Act will be terminated. Allows such deadline to be extended by one year. Places restrictions on the amount of transauranic radioactive waste that may be received at WIPP during and after the experimental program. Prohibits spent fuel or high-level radioactive waste from being received at WIPP. Requires all waste emplaced in WIPP under the experimental program to be retrievable during the course of that program and for the period of time subsequent to the program needed to provide for its retrieval in the event that facility does not comply with the environmental standards issued for the disposal of transuranic radiactive waste. Directs the Secretary to provide the EPA Administrator and the State with a retrieval plan for the removal of all wastes from WIPP and the return of all waste to its point of origin, as indicated on the waste shipping manifest, or any other interim storage facility designated by the Secretary other than the WIPP facilities. Directs the Secretary to implement the plan or take corrective actions to assure the retrievability of waste in the event that a finding is made below that the waste is not retrievable. Requires the Secretary to make an annual determination, taking into account the evaluation discussed below, of whether all radioactive waste is presently retrievable and can remain retrievable if: (1) WIPP fails to meet the final environmental standards for the disposal of transuranic radioactive waste; or (2) the waste needs to be retrieved for engineering modification or for repackaging for permanent disposal. Directs the Secretary to demonstrate, on an annual basis, in conjunction with the determination required above, that a sample of transuranic waste is retrievable. Directs the Bureau of Mines to prepare an annual evaluation of the safety of the WIPP mine. Provides that upon a determination by the EPA Administrator that the waste will not be retrievable, the EPA Administrator shall, pursuant to the authorities provided in the Resource Conservation and Recovery Act, revoke any applicable permits and take such action as provided in such Act to assure the retrievability or removal of all WIPP waste. Requires that transuranic radioactive waste transported to or from WIPP must be transported in special containers certified by the Nuclear Regulatory Commission. Requires advance notification to State and local officials and Indian tribes before such waste may be so transported. Requires the Secretary to provide technical assistance and funds for training public safety officials for emergency preparedness. Prohibits the transport of radioactive waste to or from WIPP until the training has been provided. Requires the Secretary to provide to State and local governments the equipment to respond to an incident involving waste being transported. Prevents radioactive waste from being transported by or for the Secretary to or from WIPP until after the designation of the WIPP routes by the Highway Commission of the State. Disallows the transport of transuranic radioactive waste from the Los Alamos National Laboratory to WIPP until the Santa Fe bypass is built. Requires the Secretary to continue to encourage WIPP related business and employment opportunities within New Mexico. Provides for payments to New Mexico to mitigate the impacts on the State and local governments resulting from WIPP. Requires the Secretary to make annual payments to the State for an appropriate group to undertake annual reviews of the economic impact of WIPP activities. Directs the Secretary to submit to New Mexico, EEG, and appropriate congressional committees within three years after the enactment of this Act a plan for environmental controls for managing WIPP after decommissioning. Directs the Secretary to develop within two years a plan for the management and use of the withdrawn lands following decommission. Authorizes appropriations to the Secretary to acquire the Federal Oil and Gas leases No. NMNM 02953 and 02953C. Authorizes appropriations to carry out this Act. Requires any waste introduced at the WIPP site prior to the enactment of this Act to be subject to the provisions of this Act and to be removed from such site in the event the conditions of this Act have not been complied with.
United States · United States Congress · 2 August 1991
Indian Tribal Government Waste Management Act of 1991 - Declares that the Congress recognizes the inherent authority of an Indian tribal government, subject to standards and criteria under this Act and the Solid Waste Disposal Act (SWDA), to develop, construct, operate, close, maintain after closure, license, and regulate facilities for solid and other waste generated on Indian lands over which an Indian tribal government exercises governmental authority. Authorizes any Indian tribal government that conducts activities or is responsible for facilities that are not in compliance with this Act and SWDA to submit to the Secretary of the Interior a remedial plan (including a specific sequence of actions or operations intended to result in compliance within a maximum five-year period). Directs the Secretary to review and approve such plan if it is reasonable likely to succeed. Makes such Indian tribal government immune from any actions to enforce certain standards and criteria under SWDA during the period the plan is being carried out, unless the Secretary finds that the Indian tribal government has failed to comply with a material requirement of the approved plan. Directs the Administrator of the U.S. Environmental Protection Agency, in cooperation with the Secretary and the Director of the Indian Health Service, to: (1) inventory and report to the Congress on Indian lands on which hazardous waste has been stored or disposed of, including open dumps; (2) assist Indian tribal governments in upgrading open dumps to comply with the requirements of this Act and SWDA; and (3) establish a program of technical assistance for Indian tribal governments and Alaska Native Village and Regional Corporations to address solid and hazardous waste issues on Indian lands. Recognizes the inherent authority of Indian tribal governments to develop, construct, operate, close, maintain, license, and regulate facilities for waste generated outside of Indian lands under the tribe's jurisdiction under specified circumstances. Authorizes an Indian tribal government to import interstate waste if it is not lawfully prohibited by the State in which the tribal lands are located. Permits the Indian tribal government to import solid waste if it imposes conditions on such importation substantially similar to those lawfully imposed by such State. Authorizes an Indian tribal government to enter into any vendor contract or agreement for the development, construction, operation, management, closure, and maintenance after closure, of a waste facility on Indians lands within its jurisdiction. Requires the Secretary to review such vendor contract and approve it if certain standards are met. Deems such contract approved if the Secretary fails to approve or disapprove it within a specified time. Directs the Secretary to promulgate regulations to: (1) authorize Indian tribal governments to establish by contract a system of graduated penalties for vendor contract violations; (2) establish criteria for determining the fair market value of land used for the development and operation of a waste management facility; and (3) implement this Act. Sets forth penalties for violations of this Act. States that it is the intent of the Congress that the remaining sections or provisions of this Act shall continue in full force and effect if any provision of this Act is held invalid. Authorizes appropriations. Provides for judicial review of the Secretary's decisions relating to this Act.
United States · United States Congress · 2 August 1991
Medicaid Substance Abuse Treatment Act of 1991 - Amends title XIX (Medicaid) of the Social Security Act to provide federally reimbursed Medicaid coverage of alcoholism and drug dependency residential treatment services for pregnant women whose family income is below 185 percent of the Federal poverty level and for their Medicaid-eligible children and spouses. Lists the required services included in such coverage as: (1) individual, group, and family counseling and addiction education and treatment provided pursuant to individualized treatment plans; (2) room and board in a structured environment with on-site supervision 24 hours a day; (3) therapeutic child care or counseling for children of individuals in treatment; (4) parental assistance in obtaining developmental assistance for their preschool children and public education for themselves and their school-age children; (5) easier access to prenatal, postpartum, pediatric, and other appropriate health, social, and child care services; (6) planning and assistance in reentering society; and (7) continuing specialized training of residential treatment facility staff members in the most recent and effective treatment techniques. Requires that such coverage continue for at least 12 months, except that the coverage of pregnant women must continue for one year following the end of pregnancy. Limits the size of a residential treatment facility to no more than 40 beds beginning in calendar year 1994. Allows a State agency to grant exceptions to such limit for one or more facilities subject to review by the Secretary of Health and Human Services. Prescribes the conditions for granting such exceptions. Caps the number of nationwide beds for which Federal assistance may be provided under such residential treatment programs. Increases such annual bed cap from 1,080 to 6,000 beds nationwide for calendar years 1992 through 1996. Addresses treatment needs of pregnant addicted Indian and Alaska Native women in the Indian Health Service areas by: (1) allocating additional beds nationwide for such areas; (2) providing 100 percent Federal matching funds to States to create residential treatment programs in such areas; and (3) requiring the Secretary to conduct training in such areas for appropriate parties regarding the availability and nature of residential treatment services in such areas under this Act.
United States · United States Congress · 2 August 1991
United States-Mexico Environmental Technology Transfer and Partnership Act - Directs the Secretary of Energy to encourage national laboratories to enter into partnerships with the Mexican Government and Mexican industry for purposes of sharing information and transferring technology to Mexico to provide for: (1) waste minimization; (2) education in environmental technology practices; and (3) environmental technology needed to meet air, water, and soil quality standards. Requires the Secretary to encourage: (1) Mexican educational institutions to enter into partnerships with such laboratories to involve academic researchers in environmentally sound manufacturing; (2) national laboratories to enter into partnerships with Mexican industry that take advantage of expertise in environmentally sound manufacturing developed at such laboratories; and (3) the exchange of scientists and engineers among such laboratories and Mexican educational institutions and industry to facilitate the transfer of ideas and technology. Authorizes appropriations.
United States · United States Congress · 2 August 1991
San Gabriel Basin Demonstration Project Act of 1991 - Authorizes any public agency, with the prior approval of the Administrator of the Environmental Protection Agency (EPA) and the Los Angeles Regional Water Quality Board (Regional Board), to carry out a plan to construct facilities to assist in the restoration of the San Gabriel Aquifer whether or not the demonstration project authorized by this Act is being implemented. Amends the Federal Water Pollution Control Act to direct the EPA Administrator to enter into a cooperative agreement with the Regional Board to provide water treatment to remove volatile organic compounds and other contaminants from water in the San Gabriel Aquifer. Requires the agreement to provide for consultation with specified regional water districts and authorities. Directs the Regional Board, pursuant to the agreement, to: (1) withdraw, treat, and reinject water from the San Gabriel Valley Groundwater Basin (Basin); or (2) provide treatment for water withdrawn from the Basin by qualified public water systems. Provides for such treatment without reimbursement from the owners or operators of such systems. Denies treatment pursuant to the agreement until the Administrator finds that: (1) State and local governments have made commitments to provide advance reimbursement for ten percent of total costs incurred by the Administrator in carrying out this Act; (2) the State has established a board to enforce rules governing the location of wells used to withdraw water from the Basin and governing the quantity of water to be withdrawn (prohibits more than 50 percent of a board's members from being representatives of persons entitled to withdraw water); and (3) 85 percent of potentially responsible parties (persons who may be liable under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (Superfund) for the cleanup of hazardous substances in the Basin and who represent 80 percent of the anticipated revenue from all identified parties) have entered into contracts providing for annual reimbursements to the Administrator for costs incurred in carrying out this Act. Designates persons entering into contracts as participating parties. Requires participating parties entering into such contracts to: (1) conduct environmental audits of all of their property in the San Gabriel Valley; and (2) carry out removal and remedial actions with respect to hazardous substances in the soil of such property to comply with Superfund standards. Directs the Administrator to establish a cost allocation formula for such parties. Bases the share of costs to be paid by a party on the following: (1) the Standard Industrial Code Number (SIC) of the party and the Administrator's estimate of the likelihood that industrial operations having the SIC Number contributed to contamination of the Basin; (2) the gross sales of the party in a baseline year established by the Administrator; (3) the ability of the party to pay; and (4) prior expenditures made by the party for groundwater remediation in the Basin. Requires the total contribution of such parties to equal 80 percent of the costs of carrying out the treatment project, except that the maximum obligation of a party shall not exceed 200 percent of such party's share of estimated total costs. Requires water treatment to be adequate to insure compliance with standards applicable to drinking water under the Safe Drinking Water Act or any more stringent State law. Authorizes appropriations to the Administrator to cover ten percent of the costs of carrying out this Act. Makes Federal and State costs under this Act recoverable under Superfund from potentially responsible parties not participating in contracts. Absolves participating parties of liability for the removal or response costs with respect to hazardous substances in the Basin or for damages to natural resources to the extent that releases occurred before the enactment of this Act and are identified in site assessments. Removes the exemption from liability if the party: (1) has failed to make any portion of the contribution required by the contract or to carry out required activities; or (2) has filed a suit against another person for contribution of costs. Prohibits participating parties from bringing actions against other persons for contributions of costs. Absolves owners or operators of public water systems of liability in suits for recovery of response costs brought by potentially responsible parties who are not participating in the project under this Act. Sets forth requirements for environmental audits.
United States · United States Congress · 2 August 1991
Environmental Research, Development, and Demonstration Authorization Act of 1991 - Authorizes appropriations to the Environmental Protection Agency (EPA) for FY 1992 through 1994 for specified environmental research, development, and demonstration activities and for program management and support of the Office of Research and Development. Requires the EPA Administrator to inform the appropriate congressional committees prior to the issuance of notice to close any field station, regional office, laboratory, or research center, or for a reduction-in-force. Directs the Administrator to establish a separately identified core research program consisting of fundamental ecological, health, and risk reduction research to support efforts to identify, assess, and mitigate serious environmental risks. Requires the Administrator to establish an intra-agency task group to define, review, and ensure adequate funding of the core research program. Provides that such research shall give emphasis to the effects of exposure to environmental contaminants on human immune and neurological systems. Authorizes the Administrator to award grants to eligible organizations for purposes of conducting such research. Requires the Science Advisory Board to review and make recommendations on core research program activities. Makes amounts earmarked for multimedia activities available for such research. Directs the Administrator to: (1) establish a modernization program to identify, acquire, and maintain modern buildings, facilities, supplies, and equipment needed to conduct high quality research; and (2) conduct studies and make assessments of the adequacy of the equipment and facilities to meet the needs of EPA and to attract well-qualified scientists, engineers, and other appropriate personnel. Requires the Administrator to carry out a program of environmental technology transfer and exchange of scientific information to make full use of EPA's research, development, and demonstration efforts. Directs the Science Advisory Board to submit annual reports to the Congress and the Administrator on the proposed research program described in the President's budget request for research, development, and demonstration activities of the EPA. Requires the Board to conduct periodic evaluations of selected areas of the current and planned activities. Requires concurrent submission to the Congress of any report required from the Board to the Administrator. Requires the Administrator, in reviewing research, development, and demonstration grant, contract, and cooperative agreement applications, to enter into cooperative agreements to conduct scientific and professional review of such applications. Authorizes the Administrator to use research funds authorized by this Act for such agreements. Repeals a required annual report from the Administrator of a five-year plan for environmental research, development, and demonstration. Directs the Administrator to report to the Senate Committee on Environment and Public Works and the House Committee on Science, Space, and Technology on the accomplishments of programs authorized under this Act as they relate to EPA's mission to protect public health and the environment. Authorizes the Administrator to: (1) conduct research on the nature and impacts of international environmental problems and how to respond to such problems; and (2) provide assistance to foreign countries and international bodies to improve the quality of the environment. Directs the Administrator to: (1) implement monitoring methodologies for measuring the level of pesticides in ambient and indoor air, groundwater, soil, and food; (2) assess routes of exposure to pesticides; (3) implement monitoring methodologies to assess the extent and effects of exposure to pesticides by agricultural workers and the level of human exposure to lawn and garden pesticides; (4) conduct a demonstration project to implement methodologies for assessing pesticide residues in food and assess the feasibility of establishing an EPA program for the routine monitoring of pesticide residues in food ready for marketing; (5) determine the extent of pesticide contamination in air and groundwater; (6) study the acute and chronic health effects of exposure to pesticides and the effects resulting from exposure to cholinesterase inhibitors; (7) implement methodologies for assessing the potential health effects on agricultural workers and consumers of agricultural products from exposure to chemical pesticides; (8) conduct field studies to assess the effects of exposure to pesticides introduced in the environment through long-term use; and (9) assess and monitor the impact of biological pesticides and the impact of pesticides on air quality. Makes specified amounts available for such activities. Requires the Administrator to develop methods for chemical storage and disposal and for remediating chemical contamination in soil, groundwater, and other environmental media. Directs the Administrator to: (1) establish a program to award grants to institutions of higher education for training graduate students in the field of environmental toxicology; and (2) sponsor internships for grant recipients at EPA laboratories and administrative offices and encourage EPA staff members to hold seminars and lecture at such institutions. Limits grants to three-year periods and authorizes grant renewals. Requires the Administrator to implement a research program to increase understanding of the health effects of exposure to electric and magnetic fields. Makes specified amounts available for such program. National Arid Climate Groundwater Research Center Act - Requires the Administrator to establish the National Arid Climate Groundwater Research Center in the State of Nevada. Directs the Center to: (1) study and evaluate the availability, usage, and management of groundwater in arid regions; (2) study and evaluate means of monitoring and regulating contaminants in groundwater; (3) coordinate groundwater research with Federal, State, and private agencies; (4) encourage graduate and undergraduate education in disciplines and professions related to groundwater; (5) provide a forum for consideration of issues involving the management and protection of groundwater; and (6) make its work accessible to the public. Authorizes appropriations. Requires the annual EPA appropriations request to identify funding for source reduction research, development, and demonstration activities as a separate account. Authorizes the Administrator to conduct, and makes funds available for, such activities. Requires the Administrator to conduct a research program on the use of indoor foliage for reducing indoor air pollution. Authorizes appropriations. Directs the Administrator to study and report to the Congress on the health risks, including the physiological and psychological effects on humans, associated with volcanic haze in the State of Hawaii. Authorizes appropriations.
United States · United States Congress · 2 August 1991
International Hazardous Waste Disposal and Enforcement Act of 1991 - Amends the Solid Waste Disposal Act to make it unlawful to export from, or import into, the United States any hazardous and additional waste except in compliance with this Act. Makes such prohibition inapplicable to exports or imports of hazardous and additional waste made pursuant to and in compliance with: (1) an existing bilateral or regional waste export or import agreement between the United States and the government of an exporting or importing country; and (2) specified provisions of the Solid Waste Disposal Act governing the export of hazardous waste. Makes such prohibition inapplicable, after the issuance of regulations, to: (1) agreements amended or extended after the effective date of such regulations if the President certifies that such agreements meet applicable Federal waste management requirements and requirements under the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal and that the receiving country is a signatory to the Convention; or (2) agreements entered into after such date, if the President certifies that they meet applicable Federal requirements and the requirements of this Act and the Convention. Sets forth certification procedures. Declares that the President must certify that the recipient or exporting country is managing hazardous and additional waste in an environmentally sound manner and that such country's waste management requirements conform to those under this Act and other Federal law. Makes it unlawful to export or import hazardous and additional waste if the waste will not be managed in an environmentally sound manner and in accordance with laws of importing and transit countries and the United States, applicable State programs, and contract provisions. Requires exporters to provide notice of proposed exports to the President for forwarding to importing and transit countries. Provides that: (1) consent of such countries must be obtained prior to exporting; (2) waste generators must make and document efforts to minimize generation of such waste; (3) a contract between the exporter and importer must exist prior to commencing the export; and (4) the head of the customs office shall provide documentation concerning waste exports to the President. Directs exporters to: (1) provide documentation from the importing country to the President; and (2) comply with financial responsibility requirements. Makes exporters who fail to deliver the waste to the designated facility legally and financially responsible for delivering the waste to an alternative facility or returning the waste to the United States. Requires importers, prior to importing hazardous or additional waste into the United States, to notify and obtain the consent of the President. Sets forth requirements for importers with respect to contracts, legal and financial responsibility, and general notification and consent procedures that are parallel to those for exporters. Declares that exporting countries must be signatories to the Convention for purposes of importing such waste into the United States. Requires the Administrator of the Environmental Protection Agency to establish a hazardous and additional waste importer and exporter permit program. Prohibits the importation or exportation of such waste without an operating permit. Sets forth inspection requirements. Requires applicants, as a condition to receiving a permit, to submit documentation in a required disclosure statement that they have a minimum of five years of experience in waste management. Waives such condition on the basis of demonstrated expertise. Sets forth provisions concerning disclosure statements, reviews by the Attorney General, and permit renewals and revocations. Prohibits the issuance of permits in cases where the applicant or an individual with a significant ownership interest in the business carrying out export or import functions has been convicted of a felony or a serious violation of Federal environmental law. Limits permit terms to one year. Authorizes the President to issue orders prohibiting the export or import of waste by a particular source, shipment, or class where there is reason to believe that: (1) the exported waste would not be managed in an environmentally sound manner; (2) the management of imported waste would be in violation of Federal laws or State programs; or (3) exports or imports may not be in accordance with contracts, bilateral agreements, or international obligations of the United States. Requires the President to: (1) develop a strategy for the enforcement of this Act; and (2) establish fees for waste exporters and importers. Authorizes the President to issue compliance orders to enforce this Act. Prescribes civil and criminal penalties for violations.
United States · United States Congress · 2 August 1991
Extends the presumption of service-connection, for purposes of eligibility for veterans' benefits and medical care, in the case of exposure to ionizing radiation, to include reserve members exposed to such radiation during active and inactive duty training. Expands the list of diseases presumed to be service-connected in the case of exposure to ionizing radiation to include cancer of the salivary tract and cancer of the urinary tract. Terminates the current presumptive period (the maximum period allowed before manifestation of the illness or disease occurs in order to be presumed to be service-connected and, therefore, covered as a veterans' benefit) of 40 years after participation in the radiation-related activity (30 years in the case of leukemia). Amends the Veterans' Dioxin and Radiation Exposure Compensation Standards Act to direct the Secretary of Veterans Affairs to establish guidelines and standards for the resolution of claims for benefits where a claim is based on a veteran's exposure to ionizing radiation. Directs the Secretary, in consultation with the Secretary of Defense, to identify not less than three activities in which individuals serving on active duty, or active or inactive duty training, have participated and which likely would have exposed such individuals to levels of ionizing radiation above background levels. Requires the Secretary to identify at least three additional activities no later than the beginning of FY 1993 through 1995. Requires the Secretary, immediately after identifying such an activity, to direct the Veterans' Advisory Committee on Environmental Hazards to evaluate and make a finding as to whether participation in such activity resulted in potentially harmful exposure to ionizing radiation. Requires reports from the Committee and the Secretary concerning such activities. Directs the Secretary to list each ionizing radiation exposure identified, unless the Secretary determines that the activity did not result in an opportunity for potentially harmful exposure to ionizing radiation.
United States · United States Congress · 2 August 1991
Radon Awareness and Disclosure Act of 1991 - Title I: Three-Year Extension of Indoor Radon Abatement Provisions of Toxic Substances Control Act - Amends the Toxic Substances Control Act to extend the authorization of appropriations for: (1) grants and technical assistance to States for radon programs; (2) an Environmental Protection Agency (EPA) publication entitled "A Citizen's Guide to Radon"; (3) model construction standards and techniques for controlling radon levels in new buildings; and (4) regional radon training centers. Title II: Radon Testing - Directs the EPA Administrator to establish a program that requires: (1) products offered for sale or devices used in connection with public services for radon measurement to meet minimum performance criteria; and (2) operators of devices or persons employing techniques used in connection with public services for radon measurement to meet a minimum level of proficiency. Requires a list of devices meeting such criteria and a summary of current radon measurement technology to be made available to the public. Prescribes civil penalties for violations of this title. Directs the Administrator to establish a fee schedule for persons manufacturing or operating such devices or employing such techniques. Provides for a waiver or reduction of fees for persons who agree to test for radon in public and nonprofit child care facilities, schools, hospitals, nursing homes, or other care facilities. Provides for the deposit of fees in a Radon Service Account. Requires the Administrator to: (1) implement an outreach program to provide information about radon to the medical community; (2) develop and distribute informational material concerning radon tailored to doctors in general practice and in specialties related to lung cancer; (3) evaluate current efforts to promote radon testing and ways to increase testing during real estate transactions; and (4) report to the Congress on alternative strategies for promoting such testing. Title III: Radon In Schools - Directs the Administrator, by September 30, 1992, to designate areas with radon levels exceeding the national average for radon as priority radon areas. Requires local educational agencies to test each school building under their authority for radon. Establishes a schedule for such testing. Makes test results available for public review. Requires individuals carrying out radon testing and testing and mitigation devices and methods to be approved pursuant to proficiency programs. Establishes within EPA a Radon Testing and Mitigation Assistance Program to provide assistance for testing and mitigation devices and methods. Requires State Governors to establish priority lists of assistance applicants, based on the nature and magnitude of potential exposure to radon. Authorizes the provision to approved applicants of loans of up to 100 percent, and grants of up to 50 percent, of the total cost of a testing program. Imposes civil penalties upon local educational agencies violating this title's requirements. Authorizes citizen complaints with respect to radon in school buildings. Authorizes appropriations. Title IV: President's Commission on Radon Awareness - Establishes the President's Commission on Radon Awareness to: (1) examine existing public awareness programs concerning radon; (2) act as a coordinating body for the donation of resources to assist in programs and strategies to raise awareness of the health threats of radon; (3) encourage media outlets to increase radon awareness; and (4) evaluate the effectiveness and assist in the update of such programs and strategies.
United States · United States Congress · 2 August 1991
Northwest Forest Protection and Community Stability Act of 1991 - Title I: Ecologically Significant Old Growth Forest Reserve System - States that this title shall apply only with respect to Federal lands and interests in specified National Forest System lands and specified districts of the Bureau of Land Management in California, Oregon, and Washington. Establishes in the northern spotted owl forests the Ecologically Significant Old Growth Forest Reserve System in order to maintain and enhance northern spotted owl habitat, ecological diversity, old growth forests, and other areas that may be essential to species dispersal and the maintenance of genetic diversity. Provides for the immediate inclusion in the System of certain Federal lands in northern spotted owl forests in such States while designating certain other Federal lands as study areas for possible inclusion. Designates the Olympic and Mount Baker-Snoqualmie National Forests as areas of special significance subject to the special management rules described below. Requires the Secretaries of Agriculture and the Interior to prepare a map and legal description of the Federal lands and interests in lands under their respective jurisdictions that are included in the System or in a study area for filing with appropriate congressional committees and for public availability. Allows each Secretary to recommend an adjustment of the boundaries of the System or a study area only if the recommendation meets certain criteria and is submitted to appropriate congressional committees together with the reasons for the recommendation. Provides that within one year of the National Academy of Sciences (NAS) report required below, each Secretary shall recommend those study areas that should be permanently included in the System or removed from further consideration for inclusion in the System. Requires each Secretary, in making such recommendations, to comply with the National Environmental Policy Act of 1969. Makes such recommendations effective after they are submitted to appropriate congressional committees. Requires a study area removed from further consideration for inclusion in the System to thereafter: (1) not be considered a study area; (2) not be subject to the management requirements specified below; and (3) be managed for multiple use pursuant to the Forest and Rangeland Renewable Resources Planning Act of 1974 or the Federal Land Policy and Management Act of 1976, whichever applies. Bans timber harvesting in the System and study areas except to the extent necessary for the protection of the forest outside of the System or study area from an insect or disease epidemic or for public safety, recreation, and administration. Requires lands in the System or a study area that do not meet the definition of old growth forest or are damaged by fire or other natural causes to be managed to regenerate old growth forest. States that any management activity allowed in the System and study areas shall have as its primary purpose the maintenance and enhancement of the northern spotted owl habitat, ecological diversity, old growth forests, and such areas as may be essential to species dispersal and the maintenance of genetic diversity. Requires the Secretaries to permit management activities consistent with this purpose, such as fire suppression and prescription, noncommercial silvicultural treatments of young stands, activities to restore aquatic habitats, and research. Withdraws Federal lands in the System and study areas from: (1) disposition under the public land laws; (2) location, entry, and patent under the mining laws; (3) operation of the mineral leasing laws; and (4) operation of the Geothermal Steam Act of 1970. Bans additional roads, structures, and motorized recreation and access in the System. Allows roads, structures, and motorized recreation and access in study areas (except as otherwise prohibited or restricted) if the Secretary determines that they are compatible with the protection of old growth forest and northern spotted owl habitat. Authorizes the Secretary concerned to permit hunting, trapping, and fishing in the System and study areas (except as otherwise prohibited or restricted) in accordance with applicable Federal and State law. Requires all Federal lands identified by the Secretary of Agriculture as suitable for timber production in the Olympic and Mount Baker-Snoqualmie National Forests to be managed in accordance with specified practices to maintain or enhance habitats for species dependent on old growth forest while maintaining a high level of timber production. Outlines standards for the management of Federal lands in northern spotted owl forests that are not included in the System, a study area, or an area of special significance during the period beginning on the date of the enactment of this Act and ending upon the adoption of a revised land management plan for such lands as required below. Delineates separate standards applicable to lands inside and outside of critical habitat areas during such interim period. Sets forth special rules regarding timber harvesting in roadless areas on National Forest System lands in northern spotted owl forests. Requires NAS to conduct a review of: (1) the harvest requirements specified for the management of critical habitat areas and other areas in northern spotted owl forests; (2) the impact of these requirements on the old growth forest, the species associated with old growth forests, and the social and economic structure of the region; and (3) all feasible silvicultural methods for maintaining or enhancing habitat conditions for such species throughout their range in northern spotted owl forests. Requires an NAS review of Federal lands in study areas to determine if such lands are suitable for permanent inclusion in the System. Requires NAS to submit a report on such review to the Secretary of Agriculture, the Secretary of the Interior, and the Congress that discusses the social, economic, and environmental impacts of various options, including those regarding Federal lands and interests affected by alternative definitions for old growth forests and boundary changes for the System. Requires such report to also contain NAS recommendations concerning the study areas that should be permanently included in the System or removed from consideration for inclusion in the System. Requires each Secretary to review such report for the purpose of determining whether the land and resource management plans for lands in northern spotted owl forests should be revised to take into account any management recommendations contained in the report. Requires that if a Secretary fails to adopt a preferred management recommendation into such a plan revised after such review, the Secretary must identify in the final environmental impact statement for the plan revision those management recommendations rejected or modified by the Secretary and the reasons therefor. Requires each Secretary to develop annual timber sale programs on lands in northern spotted owl forests outside of the System or a study area that are known to contain the northern spotted owl. Requires each Secretary to submit such programs to the United States Fish and Wildlife Service for consultation pursuant to the Endangered Species Act of 1973. Requires the Director of the United States Fish and Wildlife Service to immediately seek to enter into negotiations with the States of California, Oregon, and Washington and other interested parties for the prompt development of habitat conservation plans for the northern spotted owl under the Endangered Species Act of 1973. Requires the Secretaries to establish a joint research and monitoring program regarding the status and long-term outlook for the northern spotted owl. Outlines the research and monitoring components of the program. Subjects program results to scientific peer review. Requires each Secretary to prepare a report for the Congress displaying the yields and financial and environmental costs of timber management investment opportunities for lands in northern spotted owl forests. Requires the Secretary of Agriculture to include in his report: (1) the reasons why certain Forest Service lands are not suitable for timber production pursuant to the Forest and Rangeland Renewable Resources Planning Act of 1974; (2) the specific identity of those lands considered to be unsuitable for timber production solely due to difficulties in meeting the reforestation requirements of that Act; and (3) a description of those difficulties. Requires the Secretaries' reports on such investment opportunities to address opportunities for land exchanges with private landowners to consolidate Federal landholdings in northern spotted owl forests to enhance reforestation and timber stand improvement. Exempts as restricted or prohibited actions under certain provisions of the Endangered Species Act of 1973 actions of any person with respect to the operation, maintenance, expansion, upgrade, or completion of electric system power facilities in existing corridors. Provides that the management requirements for System and study areas, areas of special significance, and other areas set forth in this Act shall not apply with respect to electric system power facilities in a corridor. States that a Federal agency shall not be required to consult under the Endangered Species Act of 1973 with the Secretary of the Interior regarding any such action referred to above. Title II: Forest Planning Amendments - Amends the Forest and Rangeland Renewable Resources Planning Act of 1974 to: (1) provide for public participation in the adoption of constraints on the Federal land planning process; (2) allow public petitions in lieu of administrative appeals for amendments or revisions to land use plans, land and resource management plans, and planning process directives if the person filing the petition alleges and relies on new information or a new law or rule to support the proposed amendment or revision; (3) authorize the imposition of penalties for frivolous petitions or appeals; (4) require that if certain documentation pursuant to the National Environmental Policy Act of 1969 is required on an action implementing a land and resource management plan such documentation must be tiered to the final environmental impact statement on the plan; (5) make an environmental assessment the most comprehensive level of environmental documentation required for an action implementing a land and resource management plan, except under prescribed conditions; (6) require budget requests to disclose the amount of funds to fully implement the land and resource management plan for each unit of the National Forest System; (7) require land and resource management plans to identify management indicators and specify measurable conditions to maintain viable populations of native plant and animal species, designate sensitive species, and provide standards and guidelines that will ensure the conservation of sensitive species when an activity or project is proposed that would affect their habitat; and (8) terminate the viability requirement for fish and wildlife management planning purposes with respect to a species which is listed under the Endangered Species Act of 1973. Title III: Administrative and Judicial Review of Federal Land and Resource Management Plans and Activities - Creates the Federal Board of Land Management Appeals as an independent tribunal within the Department of the Interior to hear administrative appeals of actions relating to land and resource management plans, land classifications, and management activities implementing plans under specified Federal land planning and management statutes. Requires the Forest Service and Bureau of Land Management to expedite appeals of Federal land and resource management plans and activities in Oregon, Washington, and California that are affected by northern spotted owl or old-growth forest issues. Limits administrative review of actions subject to this title which are taken within the Forest Service or Bureau of Land Management to one level of informal review. Makes a final decision of the Federal Board of Land Management Appeals appealable only to the appropriate Federal court of appeals for the circuit in which the affected lands are situated. Title IV: Economic Assistance and Forest Productivity Programs - Provides for increased payments with respect to national forests under certain existing Federal laws for counties in Washington, Oregon, and California to assist rural communities. Outlines provisions setting forth a program to provide grants and benefit payments to, and promote economic diversification and stability for, communities and employees that are economically dependent on National Forest System Lands and public lands administered by the Bureau of Land Management and that are adversely impacted by a declining timber supply. Includes as part of such program the establishment of: (1) a special economic adjustment fund in the Treasury to consist of five percent of the Federal portion of all moneys received each year from the sale of timber and other forest products from Federal lands; and (2) a Timber Economic Adjustment Commission to distribute to communities and employees who meet specified eligibility criteria grants and benefit payments from such special fund. Requires the Commission to report to the Congress and the Governors of California, Oregon, and Washington on its accomplishments, the economic conditions of communities and employment in the region in which National Forest Lands and public lands are located, and its recommendations. Directs the Secretaries to establish a special initiative to improve the timber productivity on Federal, State, county, and private lands in counties that include communities eligible for program assistance. Requires the Secretaries to develop a program to maximize employment opportunities for displaced employees. Specifies the components of such initiative, which include improved wood utilization. Amends the Cooperative Forest Assistance Act of 1978 to earmark a portion of the amount authorized to be appropriated each year to implement the forestry incentives program for assistance in California, Oregon, and Washington for planning, reforestation, and timber stand improvement practices to further second growth management of timber resources to offset the expected decline in timber harvests from Federal lands as a result of listing the northern spotted owl as a threatened species under the Endangered Species Act of 1973. Requires such assistance to be concentrated in those counties containing northern spotted owl forests. Amends the Kuntson-Vandenberg Act to require the purchasers of Federal timber harvested from lands administered by the Bureau of Land Management to make reforestation payments to the same extent as is required with respect to National Forest Lands. Title V: Miscellaneous Provisions - Directs the Secretary of Agriculture, in recognition of the 100th Anniversary of the founding of the Forest Service and the changes now occurring in forest management, to study the organization of the Service and make such changes to the Service's organizational structure as may be necessary to meet future challenges. Amends the Cooperative Forestry Assistance Act of 1978 to direct the Secretary of Agriculture, in developing a list of approved forest activities and practices that will be eligible for cost-share assistance under the Stewardship Incentive Program, to attempt to achieve the development and implementation of habitat conservation plans under the Endangered Species Act of 1973. Earmarks 20 percent of annual Program appropriations to carry out the Program in Regions 5 and 6 of the National Forest System. Directs NAS to convene a multidisciplinary task force of independent scientists to: (1) review fish and wildlife management programs for their effectiveness in maintaining healthy and diverse fish and wildlife populations on Federal lands; (2) review the strengths and weaknesses of the species approach to protection under the Endangered Species Act of 1973; and (3) develop strategies to maintain fish and wildlife populations and habitat to avoid the number of species that become threatened or endangered. Provides that the costs incurred as a result of this Act and its amendments shall not be considered for purposes of determining the revenues and direct and indirect costs of the timber sale program of the Forest Service or the Bureau of Land Management. Treats the provisions of this Act and its amendments as emergency funding requirements under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act).
United States · United States Congress · 2 August 1991
U.S. Health Service Act - Title I: Establishment and Operation of the United States Health Service - Part A: Initial Organization - Establishes, as an independent entity within the executive branch, the United States Health Service (Service). Vests authority of the Service in the appropriate National Health Board and area health boards. Grants the Service the power of eminent domain. Directs the President to: (1) appoint 21 individuals to serve as members of the Interim National Health Board of the Service; and (2) designate two nominees as chairperson and vice chairperson of the Interim National Board. Declares that the members of the Interim National Board shall serve until the National Health Board holds its initial meeting in accordance with certain provisions of this Act. Sets forth the duties of the Interim National Board. Authorizes appropriations. Part B: Organization of Area Health Boards - Requires the Interim National Board to establish health care delivery regions throughout the United States which meet specified requirements. Sets forth procedures regarding election and appointment of members and certain officers of: (1) interim national, interim regional, and interim district health boards; and (2) initial and subsequent national, regional, district, and community health boards. Requires the National Health Board (National Board) to modify the boundaries of each health care delivery region after each census and at such other times as it deems necessary, provided such modification is approved in a referendum of registered users residing in an area whose regional identification would be changed by such modification. Requires each regional board, in certain circumstances, to review the appropriateness of district and community boundaries. Allows regional boards to modify such boundaries in certain circumstances, provided modification is approved in a referendum. Part C: General Provisions Regarding Health Boards - Sets forth the membership and terms of office of health boards. Provides for recall of board members for specified reasons and for filling vacancies on health boards. Provides for the manner of conducting meetings of health boards and for the compensation of members of the National Board and compensation of and payment of expenses for members of other health boards. Sets forth procedures for the establishment by the National Board of guidelines and standards required by or in furtherance of the objectives of this Act. Requires each regional board to provide orientation, education, and technical assistance to district and community boards. Requires the appropriate national board to provide such assistance to regional boards. Title II: Delivery of Health Care and Supplemental Services - Part A: Patients' Rights in Health Care Delivery - Requires the Service to ensure that every user is given the right to receive high quality care and supplemental services without charge and without discrimination. Sets forth a list of other basic health rights. Amends the Fair Labor Standards Act of 1973 to entitle certain employees to health leave compensation, subject to specified exceptions which exist in current law as exceptions to minimum wage and maximum hours provisions. Part B: Eligibility for, Nature of, and Scope of Services Provided by the Service - Declares all individuals, while within the United States, to be eligible to receive health care and supplemental services under this Act. Excludes personal comfort or cosmetic services unless they are necessary for health-related reasons. Requires the Service to provide in the United States specified services in or through facilities established by the Service. Prohibits the Service from providing such services in a region, district, or community other than under the auspices of a regional, district, or community board established in accordance with this Act. Requires the Service to provide specified supplemental services in or through health care facilities established by the Service. Provides for reimbursement by the Service of the cost of emergency health care services under certain circumstances. Part C: Health Care Facilities and Delivery of Health Care Services - Requires each community board to establish and maintain such health care facilities as are necessary for efficient and effective delivery of comprehensive primary health care services, specialized health care services, special services, and community-oriented health measures which are provided, as much as possible, through a single comprehensive health center. Requires each district board to establish and maintain in its district a general hospital, such other health care facilities as are necessary, and such health care services of a specialized nature as may be provided most effectively and efficiently at the district level. Requires each regional board to establish and maintain: (1) a regional medical facility for highly specialized health care services; (2) health care and supplemental services for individuals whose needs cannot be met by community or district boards; and (3) such other facilities as are necessary. Requires each area health board to: (1) hire health workers; (2) purchase or lease necessary premises; and (3) seek to minimize fragmentation and duplication in delivery of health care. Requires each regional board to provide for affiliation and coordination within its region and with adjacent regions. Requires the National Board to establish guidelines for distribution and coordination of the delivery of health care services and plan and transition to the new facilities for affected workers. Requires regional boards, if a community or district board fails to provide health services, to provide the services. Requires each health board to establish policies and organizational plans consistent with provisions of this Act. Requires such boards, in establishing, implementing, and modifying such policies and plans, to seek participation of affected workers and users. Provides for a health board, if it determines that it cannot itself effectively manage the operation of all facilities, to establish a health care facility board or boards. Specifies elements to be provided for in the policies and organizational plans established by health boards. Prohibits a health board, on and after three years after the effective date of health services, from permitting its health care facilities to be used for the private delivery of health services. Prohibits individuals employed by a health board from engaging in the private delivery of health services. Requires each health board to ensure that health facilities it operates which provide outpatient services are open during hours which permit all users to make use of such services. Sets forth requirements for facilities providing inpatient services for 30 continuous days or longer. Requires each health board to provide that, at least once each year, the inpatients of facilities providing inpatient services for 30 continuous days or longer shall elect, from among themselves and representatives of certain user associations, a review committee of not less than three members. Provides for recall and proxies with respect to such committees. Requires various health boards to conduct regular inspections of specified facilities. Requires area health boards to provide: (1) contraception information and materials; (2) evaluation and treatment for venereal diseases and diseases of the reproductive organs; (3) information and counseling regarding pregnancy, child bearing, and possible genetically induced anomalies; (4) pregnancy testing; (5) prenatal services; (6) abortion services; and (7) counseling by women for specified services and counseling by men for specified services. Requires all such services to be delivered without coercion or harassment, with confidentiality, and without prior approval of individuals other than the individual receiving the services. Requires that individuals be permitted to be accompanied by a person of their choice during the provision of such services, subject to exception. Sets forth restrictions and requirements for informed consent regarding: (1) treatments or procedures which could affect an individual's reproductive capacity; and (2) mastectomy or other breast cancer treatment. Requires that women giving birth have the right to choose from a complete range of childbirth options. Title III: Health Labor Force - Part A: Job Categories and Certification - Declares that, notwithstanding State laws to the contrary, the Service shall be the sole judge of the qualifications of its employees. Requires each area health board to insure that work is performed by certified health workers. Mandates health boards to provide for periodic review and assessment of competency. States that area health boards shall provide opportunities for assessment and certification of skills required for advancement. Requires the National Board to establish guidelines for classification, certification, and employment of health workers. Requires that such guidelines: (1) permit alternative approaches to healing, when such approaches have not been shown to be injurious to health; (2) have both flexibility and uniformity to meet stated objectives; and (3) require that each health worker employed by a community board work part of the time in a facility operated by a district or regional board and each health worker employed by a district or regional board work part of the time in a health care facility operated by a community board. Mandates that the National Board periodically evaluate job categories and certification practices established by area health boards and assist regional boards in applying certain guidelines. States that each regional board, for job categories requiring advanced specialty training, shall establish certification standards which contain certain specifications made by the National Board. Requires recognition of training, experience, and performance undertaken or demonstrated before the establishment of health team schools under part B of this title. Requires each board to periodically review, supplement, modify, or eliminate such standards. Part B: Education of Health Workers - Requires each regional board, in consultation with community and district boards, to establish a health team school (school) to provide initial and continuing basic education in health care delivery and initial and continuing advanced education in health care specialties and health science specialty fields. Allows for collaboration between adjacent regions conducting joint educational programs. Requires that the schools be funded exclusively by the Service, prohibits them from charging or accepting tuition or fees, and requires them to provide each student with an allowance for living expenses, educational supplies, and any child care. Sets forth the principles under which the schools are required to be operated and maintained. Requires the National Board to establish guidelines for the application of such principles and for the phased integration of existing health worker education programs into the schools. Requires each regional board to establish and implement for the school: (1) admissions policies with certain required elements; (2) curriculum policies with stated elements; (3) faculty hiring procedures which will create a faculty which approximates the population of the region by race, sex, and language; and (4) a governance plan for the management of its school which gives significant decision making powers to staff and students. Prohibits enrolling any individual unless the individual agrees to perform health care services as an employee of the Service, in a job category for which training is being provided, for a period of time equal to the period of enrollment, but not less than two years, and subject to other terms and conditions. Entitles the Service, if an individual fails to start or fails to complete such service, to recover damages. Cancels payment of damages upon the death of the individual. Allows waiver or suspension of the obligation of service or payment if compliance is impossible or would involve extreme hardship and if enforcement would be unconscionable. Limits discharge of such obligation under bankruptcy. Mandates that each area board periodically assess the ratio of the health workers employed by the board in each job category to the number of residents in the area. Gives priority in hiring individuals obligated to perform service to health worker shortage areas and, as a second level of priority, to the regional, district, or community board for the region, district, or community in which the program was completed. States that the National Board shall establish a program to match the preferences graduates have for locations with the needs and preferences of various boards. Requires the National Board to make payments of principal and interest on certain loans incurred by individuals for an educational program in health care delivery, health care specialties, or health science fields which is outstanding on the day that individual begins to work for the Service. Establishes a schedule for such payments. Part C: Employment and Labor-Management Relations Within the Service - Requires health boards to employ, classify, and fix the salaries and benefits of all employees of the Service. Mandates that the appropriate National Board provide for: (1) employment and promotion in the Service in the same manner as under the Federal civil service system; (2) opportunities for advancement; (3) use of work time for continuing education without loss of pay or other rights; and (4) hearings on adverse actions. States that health boards shall give hiring preference to individuals employed as health workers before enactment of this Act. Requires the National Board to ensure that all such individuals desiring employment in the Service find appropriate employment in the Service. Declares employees of the Service eligible for promotion or transfer to any position in the Service for which they are qualified. Mandates that each regional board establish and maintain a job placement service. Places restrictions on hiring relating to the: (1) ratio of health workers to residents; and (2) existence of a health worker shortage area in the same region. Declares that employees of the Service are covered by specified Federal laws relating to adverse actions, compensation for work injuries, civil service retirement, and withholding of pay for the Civil Service Retirement and Disability Fund, subject to exceptions relating to collective bargaining agreements and conditioned on approval by the Office of Personnel Management. Declares sick and annual leave and compensatory time of employees of the Service, whether accrued prior to or after the commencement of operations of the Service, to be obligations of the Service. Requires compensation, benefits, and other terms and conditions of employment to be the same on the effective date of health services as for Federal Government employees until changed by the Service. Makes specified provisions of Federal law relating to unemployment compensation and life insurance apply to employees of the Service unless modified. Prohibits changes in fringe benefits which result in a program which is less favorable to employees of the Service than fringe benefits for employees of the Federal Government on the effective date of health services. Declares that the provisions of the National Labor Relations Act shall apply to the Service and its employees, subject to specified exceptions. Declares that provisions of Federal law relating to participation in a strike shall not apply to employees of the Service. Authorizes provisions in collective bargaining agreements between the Service and its employees regarding procedures for the resolution of grievances and adverse actions, including binding third-party arbitration. Amends the Labor-Management Reporting and Disclosure Act of 1959 to include the Service in the definition of the term "employer" under that Act. Provides that the remedies provided by stated Federal laws regarding jurisdiction and tort claims shall be exclusive of any other civil action or proceeding. Directs the Attorney General to defend any such action or proceeding. Provides, in certain circumstances, for removal and remanding of cases between State and Federal courts and for suspensions of specified limitations of time. Authorizes the Attorney General to compromise or settle such cases as provided in specified Federal law. Declares that assault or battery arising out of negligence in various health care functions is not an exception under specified Federal law to tort claims and jurisdiction provisions of Federal law. Authorizes the National Board to hold harmless or provide liability insurance for any employee of the Service under certain circumstances. Title IV: Other Functions of Health Boards - Part A: Advocacy, Grievance Procedures, and Trusteeships - Requires each area health board to establish a program of health advocacy with specified elements. Requires the National Board to establish a health rights legal services program, for users and health workers, providing specified elements. Requires each appropriate regional board to provide that any user, health worker, user association, or specified health board may commence grievance proceedings before specified health boards with respect to alleged violations of this Act. Provides for review of adverse decisions. Prohibits commencement or continuation of such review when suit is filed. Provides procedures for handling such grievances. Authorizes, in certain circumstances, the entity before which a grievance proceeding is commenced or reviewed to: (1) set aside an election of a community board and require a new election; and (2) if not involving a community board, require that a new election be conducted or a new appointment be made. Requires such entity to transfer such functions as necessary to the appropriate higher health board until a new election is conducted or a new appointment is made. Authorizes a health board which receives functions under such a transfer to appoint a trustee or trustee committee to carry out transferred functions. Part B: Occupational Safety and Health Programs - Requires the National Board to oversee occupational safety and health programs conducted at the regional level and to participate in the establishment and administration of occupational safety and health standards under the Occupational Safety and Health Act of 1970, with the advice and comments of regional occupational safety and health action councils established under this Act. Amends the Occupational Safety and Health Act of 1970 to substitute references to the National Health Board for references to the Secretary of Health and Human Services throughout such Act, with one specified exception. Adds references to the National Health Board to existing provisions in such Act regarding promulgation, modification, and revocation of safety and health standards. Ends responsibility of the Secretary of Health and Human Services for prescribing rules and regulations to carry out such Secretary's responsibilities under that Act. Adds a reference to consultation with the National Board to existing provisions relating to: (1) exemptions from required provisions on account of national defense; (2) conditions for approval of State safety and health plans; and (3) access to safety and health records and reports required of Federal agencies. Ends the authorization under a specified provision of such Act for the Secretary of Health and Human Services to prescribe regulations requiring employers to measure, record, and make reports on employees' exposure to certain substances or agents. Requires the National Board to establish guidelines for: (1) its participation in the establishment and administration of safety and health standards; (2) the election of community occupational safety and health action councils; (3) the establishment of regional occupational safety and health programs; (4) the establishment and operation of work place health facilities; and (5) the provision of assistance by various health boards to various safety and health councils, and to work place safety and health committees. Requires each community board to provide for the operation of a community occupational safety and health action council (COSHAC). Gives a formula for election of the members of COSHACs. Specifies the duties of each COSHAC. Requires each regional board to establish an occupational health and safety program for its region with specified elements, including staffing and supporting the operation of the regional occupational safety and health action council (ROSHAC). Specifies the responsibilities of each ROSHAC. Requires the employer in each work place to establish and maintain a health facility in or near the work place to meet occupational and emergency health care needs of employees, to be operated either by the community board or by the employer, and the cost, in either case, to be borne by the employer. Grants employees in each work place having 25 or more employees the right to establish work place occupational safety and health committees. Grants the members of such committees rights to engage in certain activities relating to inspections without loss of pay or other job rights. Authorizes employees to monitor conditions and to remove themselves from the site of any hazard without loss of pay or other job rights. Requires employers to minimize hazards and furnish employees with or reimburse employees for needed equipment or clothing. Specifies rights of employees regarding: (1) inspection of medical records maintained by their employers; (2) provision to employees of copies of all reports, studies, and data concerning health and safety in that work place; and (3) the seeking, through collective bargaining, of standards more restrictive than those established under the Occupational Safety and Health Act of 1970. Part C: Health and Health Care Delivery Research - Requires the Service to conduct a program of research concerning health and health care delivery. Transfers the National Institutes of Health from the Department of Health and Human Services to the National Health Board. States that the National Board shall establish five new national institutes: Epidemiology, Evaluative Clinical Research, Health Care Services, Pharmacy and Medical Supply, and Sociology of Health and Health Care. Specifies the duties of each such institute. Part D: Health Planning, Distribution of Drugs and Other Medical Supplies, and Miscellaneous Functions - Requires each area board to collect data on supply and demand regarding health workers and health care delivery. Requires each regional board to coordinate the planning and administration of health care delivery, health worker education, and health research in its region. Requires the National Board to formulate one-year and five-year national plans and budgets. Requires the National Board, after consultation with regional boards, to publish, and regularly update, a National Pharmacy and Medical Supply Formulary. Specifies the contents of the Formulary. Requires each regional board to establish a program for the purchase and distribution of drugs and other medical supplies. Authorizes the National Board to establish and operate drug and medical supply manufacturing facilities in certain circumstances. Requires the National Board to publish an annual report and a comprehensive dictionary of terms used in health care records and services maintained or provided by the Service. Title V: Financing of the Service - Part A: Health Service Taxes - Amends the Internal Revenue Code to add a new part imposing on individuals and corporations an additional tax of specified percentages of the normal tax and surtax imposed by a specified section of such code. Ends the income tax exclusion from gross income of amounts paid by third parties for medical care. Excludes from gross income employer contributions to accident or health plans to the extent that such contributions do not provide for health care available to such employees under the Health Service Act. Prohibits income tax deductions for: (1) health care expenses as a trade or business expense; and (2) contributions to certain medical and hospital facilities. Repeals provisions of the Internal Revenue Code relating to: (1) medical and dental expenses; (2) hospital insurance tax imposed on employment and self-employment income; and (3) receipts for railroad employees. Declares that no contractual or other nonstatutory obligation of any employer to pay or provide for health care for present or former employees and their dependents and survivors shall apply on or after the effective date of health services under this Act to the extent such individuals are eligible to receive such services under this Act. Prohibits Federal, State, or private worker compensation programs from paying for or providing any health care on or after the effective date of health services under this Act to the extent such care is available under this Act. Part B: Health Service Trust Fund - Creates in the Treasury the Health Service Trust Fund (Trust Fund). Appropriates to the Trust Fund amounts equal to 100 percent of the expected net receipts from specified provisions of the Internal Revenue Code. Appropriates to the Trust Fund a Government contribution equal to 40 percent of the amount appropriated under such 100 percent provision. Transfers to the Trust Fund all assets and liabilities of the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund. Creates the Board of Trustees of the Trust Fund. Requires the investment of specified portions of the Trust Fund. Extends the purposes for which obligations of the United States may be issued under the Second Liberty Bond Act, to authorize the issuance at par of public debt obligations for purchase by the Trust Fund. Part C: Preparation of Plans and Budgets - Requires the National Board to annually fix the maximum amount of funds which may be expended from the Trust Fund during the fiscal year. Specifies criteria to be considered in determining such amount's maximum value. Authorizes the National Board to refix such maximum amount in certain circumstances. Authorizes the National Board to exceed such maximum amount as necessary because of epidemic, disaster, or other occurrence which was not and could not have been planned for. Authorizes the National Board to allocate, in addition to such maximum amount, funds borrowed under specified provisions of this Act. Requires each community, district, and regional board to annually submit fiscal year and five-year plans and budgets to the next higher level health board. Requires plans and budgets to be prepared in consultation with appropriate users, health workers, and health boards. Part D: Allocation and Distribution of Funds - Requires the National Board to annually transmit to regional boards a national health budget dividing the total funds available into funds for ordinary operating expenses, preventive health measures, capital expenses, research expenses, and special operating expenses. Requires funds for ordinary operating expenses, preventive health measures, and research expenses to be allocated to the regional boards on the basis of population. Requires funds for capital expenses to be allocated according to stated criteria. Declares the budget submitted to the regional boards by the National Board to be adopted upon the approval by a majority of the regional boards. Sets forth requirements, similar to those for the national health budget, for preparation and adoption of regional and district budgets. Defines "special operating expenses" to mean operating expenses associated with: (1) care and treatment for users 65 years of age and older; (2) care and treatment of persons confined to full-time residential institutions, including nursing homes and facilities for the treatment of mental illness; (3) the special health care needs of low-income users; (4) the special health care needs of rural users; (5) special health care needs arising from environmental or occupational health conditions; (6) special health care needs arising from unexpected occurrences, including epidemics and natural disasters; and (7) the conduct of environmental health inspection and monitoring services. Sets forth rules for allocation of special operating expenses. Requires funds allocated under the national health budget to be distributed by the National Board from the Trust Fund. Prohibits health boards from requesting or receiving funds from any other source. Sets forth rules regarding: (1) distribution of funds in the absence of an adopted budget; (2) maintenance of separate accounts by area boards; (3) payment of area health boards; and (4) allocation of supplementary funds required by events occurring or information acquired after initial allocations. Authorizes area boards to retain unused funds for two years following receipt. Requires any funds unexpended after such time to be returned to the Trust Fund. Mandates annual financial statements by area health boards. Grants the National Board and the Comptroller General of the United States, for the purpose of audits, access to any books, documents, papers, and records related to the operation of the Service. Part E: General Provisions - Authorizes the National Board to borrow money and to issue and sell obligations as necessary for this Act, but only in amounts specified in appropriations Acts. Limits the aggregate amount of such obligations outstanding at any one time. Authorizes the National Board to pledge the assets of the Trust Fund and pledge its revenues and receipts for various purposes related to such obligations. Authorizes the National Board to enter into a variety of covenants as necessary or desirable to enhance the marketability of such obligations. Declares that such obligations: (1) shall be negotiable or nonnegotiable, bearer or registered; (2) shall contain a recital that they are issued under a specified provision of this Act; (3) shall be lawful investments; (4) shall be exempt from State taxes; and (5) shall not, subject to exception, be obligations of the U.S. Government. Requires the National Board to advise the Secretary of the Treasury of the proposed sale of obligations. Authorizes such Secretary to elect to purchase the obligations. Authorizes the National Board, if the Secretary elects not to buy such obligations, to issue and sell them to a party or parties other than the Secretary, upon notice to the Secretary and consultation regarding various terms and conditions. Empowers the National Board to require the Secretary of the Treasury to purchase obligations of the Service. Prohibits any required purchase which would result in a holding by the Secretary in excess of a specified amount. Makes obligations issued by the Service obligations of the U.S. Government under certain circumstances. Authorizes the Secretary of the Treasury, for the purpose of any purchase of the obligations of the Service, to use as a public debt transaction the proceeds from the sale of any securities issued under the Second Liberty Bond Act. Extends the purposes of such Act to include any purchases of the obligations of the Service under this part. Title VI: Miscellaneous Provisions - Repeals, on the effective date of health services, the Public Health Service Act, except for specified provisions relating to: (1) its short title and definitions; (2) licensing, quarantine, and inspections authority; and (3) safety of public water systems. Delays, until four years after the effective date of health services, repeal of portions of the Public Health Service Act regarding provision of assistance to educational institutions and their students, in areas which have not established health team schools under part A of title III of this Act. Repeals specified provisions of the Social Security Act relating to maternal and child health, Medicare, Medicaid, professional standards review, entitlement to hospital insurance benefits, uniform health reporting systems, limitation on Federal participation for capital expenditures, the program for determining qualification for certain health care personnel, disclosure of ownership and related information, disclosure of certain convictions, and payments to States for health care and supplemental services. Repeals specified provisions of Federal law relating to health insurance for Federal employees, medical benefits and programs relating to veterans, and the civilian health and medical program of the uniformed services. Repeals the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970, the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act Amendments of 1974, and a specified provision of the Comprehensive Drug Abuse Prevention and Control Act of 1970 relating to medical treatment of narcotic addiction. Repeals Federal law relating to hospitals, community hospitals, and other health facilities for Indians. Repeals the District of Columbia Medical Facilities Construction Act of 1968 and the District of Columbia Medical and Dental Manpower Act of 1970. Repeals specified provisions of the National Housing Act relating to mortgage insurance for nursing homes, hospitals, and group practice facilities. Repeals the Mental Retardation Facilities and Community Mental Health Centers Construction Act of 1963, the Family Planning Services and Population Research Act of 1970, the National Arthritis Act of 1974, and the National Diabetes Mellitus Research and Education Act. Repeals specified provisions of the Lead-Based Paint Poisoning Prevention Act relating to grant, demonstration, and research programs for lead-based paint poisoning prevention. Repeals the Act of March 2, 1897, relating to tea importation. Repeals specified provisions of the Occupational Safety and Health Act of 1970 relating to the National Institute for Occupational Safety and Health. Requires the President to prepare and submit to the Congress legislation to repeal or amend provisions of laws which are inconsistent with this Act, including the transfers of authority of the Secretary of Health and Human Services, under specified provisions of Federal law, to the Service. Sets forth various requirements regarding review and reporting to the President and the Congress concerning how the Service is carrying out the purposes of the various programs authorized to be conducted by provisions repealed by this Act. Transfers to the Health Service Trust Fund amounts appropriated to carry out the purposes of any law repealed by this Act. Provides transition rules regarding contracts entered into or rights or obligations arising before the effective date of such repeals. Amends the Budget and Accounting Act, 1921 to require that each budget submitted by the President set forth items relating to the Health Service Trust Fund separately from other operations of the Government. Declares that, if any provisions of this Act are declared invalid, the remainder of the Act shall not be affected.
United States · United States Congress · 2 August 1991
Morris K. Udall Scholarship and Excellence in National Environmental Policy Act - Establishes the Morris K. Udall Scholarship and Excellence in National Environmental Policy Foundation (the Foundation), as an independent entity of the executive branch, to be located in Tucson, Arizona. Sets forth provisions for a Board of Trustees and an Executive Director of the Foundation. Authorizes the Foundation, in consultation with the Center, to identify and conduct appropriate programs, activities, and services to carry out its specified purposes, including increasing awareness of the importance of natural resources, public lands, and environment, identifying critical environmental issues, developing resources to train professionals in environmental and related fields, and providing educational outreach regarding environmental policy. Authorizes the Foundation to conduct a national competition and to award undergraduate scholarships, graduate and faculty fellowships, internships in governmental agencies or environmental organizations and grants for individuals (Morris K. Udall Scholars) to study in fields related to the environment. Directs the Foundation to award grants to the Center for: (1) annual expert panel discussions; (2) research; and (3) sharing practical experiences of visiting policymakers. Directs the Foundation to provide assistance from the Fund established under this Act to the Center to maintain a repository, and assure public availability, for Morris K. Udall's papers and other appropriate public papers. Directs the Foundation to determine program priorities, but requires that certain minimum or maximum amounts to be used for specified activities. Establishes the Morris K. Udall Scholarships and Excellence in National Environmental Policy Trust Fund, in the Treasury, to be administered by the Foundation. Provides for investment of Fund assets, and for Fund expenditures and audits. Sets forth administrative provisions for the Foundation. Authorizes appropriations to the Fund to carry out this Act.
United States · United States Congress · 2 August 1991
Small Town Environmental Planning Act of 1991 - Requires the Administrator of the Environmental Protection Agency to establish a small community environmental compliance planning program for facilities that are owned or operated by or under contract with, a small community, or with respect to which an environmental compliance activity is dependent. Provides for voluntary participation in such program. Requires the Administrator to publish a list of requirements under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, the Emergency Planning and Community Right-to-Know Act of 1986, the Resource Conservation and Recovery Act of 1976, the Federal Water Pollution Control Act, the Safe Drinking Water Act, the Clean Air Act, and the Toxic Substances Control Act to be addressed in small community environmental compliance plans. Provides for the annual review of such list. Directs the Administrator to: (1) publish guidelines for small communities or States responsible for the development of such plans; and (2) promulgate regulations setting forth the requirements for submission of such plans. Sets forth plan format requirements. Requires regulations, at a minimum, to: (1) identify areas of environmental regulation where there are significant problems in achieving compliance or noncompliance with implementation schedules under such Acts; and (2) estimate the amount of user fees necessary for the financing of environmental compliance activities at treatment or disposal facilities owned, operated, or under contract with small communities and assess the ability of residents to pay such fees. Directs small communities participating in the program to prepare plans. Authorizes State agencies to prepare plans for small communities without sufficient resources to do so. Sets forth provisions concerning plan approvals and modifications. Requires the Administrator to provide for a mechanism under which a small community may apply for a waiver with respect to regulations issued under the Acts identified by this Act. Permits the Administrator to waive requirements where the small community demonstrates that compliance with regulations is not necessary to protect human health and the environment. Requires the Administrator, as part of the program, to: (1) notify small communities of the regulations through methods providing information to the greatest number of small communities; and (2) implement a technical assistance program to aid small communities in the preparation of plans. Provides for waivers to plan requirements, as necessary, and for the assessment of administrative penalties against facilities failing to meet requirements.
United States · United States Congress · 2 August 1991
National Energy Resources Act of 1991 - Title I: Energy Efficiency - Subtitle A: Average Fuel Economy Standards - Amends the Motor Vehicles Information and Cost Savings Act to: (1) prescribe average fuel economy standards for passenger vehicles for model year 1996 and beyond; and (2) direct the Secretary of Transportation (the Secretary) to prescribe average fuel economy standards for non-passenger vehicles (light trucks) for model years ending before model year 1996. Prescribes average fuel economy standards for passenger automobiles for model years 1996 and thereafter. Permits persons to petition for modification of such standards. Subtitle B: Federal Energy Management - Amends the National Energy Conservation Policy Act to set a deadline by which each Federal agency shall install in Federal buildings under its control energy conservation projects with prescribed payback periods. Amends the Motor Vehicle Information and Cost Savings Act to modify the average fuel economy standards required of the Federal passenger automobile fleets. Subtitle C: Tax Treatment of Transportation Benefits Provided by Employer - Amends the Internal Revenue Code to prescribe tax treatment of qualified transportation benefits. Subtitle D: Amendments to Public Utility Regulatory Policies Act of 1978 - Amends the Public Utility Regulatory Policies Act of 1978 to mandate that each State regulatory authority adopt a specified Federal standard regarding gas and electric utility incentives to implement demand-side management programs and least cost supply measures. Subtitle E: Energy and Water Conservation Subsidies - Amends the Internal Revenue Code to declare that gross income shall not include the value of any subsidy provided by a public utility to a customer for the purchase of installation of any energy or water conservation measure. Subtitle F: Development of Recycling Markets - Directs the Secretary of Commerce to establish within the Department of Commerce the Bureau of Recyclable Commodities to promote the use of recovered materials diverted from solid waste. Prescribes implementation measures. Subtitle G: State and Local Building Codes - Amends the National Energy Conservation Policy Act to direct the Secretary of Energy to establish: (1) a program to provide technical assistance to States and localities to update energy efficiency provisions of residential and commercial building codes; and (2) a task force to advise in the development of such program. Prescribes implementation measures. Subtitle H: Lighting Standards and Labeling - Directs the Secretary of Energy to establish test procedures and develop an energy conservation standard for lamps, motors, commercial air conditioners, and heating equipment. Title II: Domestic Resources - Subtitle A: Coal Technologies - Directs the Secretary of Energy to: (1) conduct and report to certain congressional committees on a research and demonstration program for advanced coal-based technologies to achieve the control of certain oxides and the development of cost-effective energy technologies; and (2) submit to the Congress a research, development and demonstration plan for technologies for the non-fuel use of coal. Subtitle B: Strategic Petroleum Reserve Amendments - Amends the Energy Policy and Conservation Act to grant the President additional authority to drawdown or distribute reserves pursuant to the Strategic Petroleum Reserve Plan if it is determined that implementation of the Distribution Plan would assist in relieving severe economic problems directly related to a significant increase in petroleum product prices. Directs the Secretary of Energy to implement during FY 1992: (1) a program for filling the Reserve at a specified annual rate so that the quantity of crude oil in storage within the Reserve reaches a specified level; and (2) a regional refined product reserve in the northeast region of the United States. Subtitle C: Used Oil Recycling Program - Requires certain producers and importers of lubricating oil to refine, re-refine, or re-process used oil into petroleum products in an amount determined according to specified formula. Requires the Secretary of Energy to issue regulations implementing such requirement. Authorizes appropriations. Amends the Solid Waste Disposal Act to prohibit the Administrator of the Environmental Protection Agency (EPA) from listing or identifying used oil as a hazardous waste. Subtitle D: Transportation of Natural Gas - Amends the Natural Gas Policy Act of 1978 to authorize the Federal Energy Regulatory Commission (FERC) to permit: (1) any interstate pipeline to transport natural gas on behalf of any other person; and (2) the construction of natural gas transportation facilities. Makes FERC the lead agency with primary authority for National Environmental Protection Act compliance for such construction projects. Title III: Alternative Energy - Subtitle A: Alternative Fueled Vehicles - Sets forth a timetable by which certain percentages of Federal fleets of passenger automobiles or light-duty trucks must use alternative fuels. Subtitle B: Tax Incentives for Production of Electricity From Renewables - Amends the Internal Revenue Code to provide tax credits for the production of electricity from solar, wind, or geothermal sources (i.e. renewable resources) for a ten-year period. Title IV: Research and Development - Subtitle A: Joint Ventures for Renewable Energy Development for Oil Displacement - Amends the Renewable Energy and Energy Efficiency Technology Competitiveness Act of 1989 to direct the Secretary of Energy to solicit proposals and provide financial assistance to joint ventures for the commercialization of specified renewable energy technologies, and for the demonstration of fuel cells technology. Authorizes appropriations. Subtitle B: Technology Transfer - Amends the Atomic Energy Act of 1954 to authorize the Nuclear Regulatory Commission (NRC) to use the resources of the Department of Energy to enhance educational opportunities in science, mathematics and engineering for American students and educators in order to improve the scientific competitiveness of the United States. Directs the Secretary of Energy to establish programs that use the scientific resources of the Department of Energy to promote technology transfers and enhance technology commercialization. Authorizes appropriations. Subtitle C: Research Funding Priorities - Sets forth criteria for research funding priorities. Subtitle D: Math and Science Education Programs - Amends the Atomic Energy Act of 1954 to authorize the NRC to use the resources of the Department of Energy in cooperation with the Department of Education to enhance educational opportunities in science and mathematics for American students and educators. Directs the Secretary of Energy, in cooperation with the Secretary of Education, to: (1) establish programs using Department of Energy measures to enhance mathematics and science education in the United States; and (2) make grants (or enter into cooperative agreements with appropriate entities) to develop a comprehensive primary and secondary school math and science curriculum regarding the interdependency of energy and the environment. Title V: Low Income, Affordability, and State Programs - Amends the Energy Conservation and Production Act to authorize appropriations through FY 1996 for: (1) the weatherization assistance program; and (2) the energy conservation program for schools and hospitals.
United States · United States Congress · 2 August 1991
Denies Environmental Protection Agency (EPA) benefits for ten years to any person: (1) convicted of violating a Federal environmental law; or (2) found to have held a beneficial business interest in a business concern required to be listed on a disclosure statement under this Act and convicted of violating a Federal environmental law. Prohibits the EPA Administrator from denying benefits to any person who demonstrates that he has been rehabilitated. Requires the following persons to file disclosure statements with the Administrator: (1) Federal environmental permit applicants; (2) applicants for EPA loans, grants, or other benefits; or (3) persons submitting contract bids or competitive proposals to EPA. Provides for enforcement of this Act through EPA examination of disclosure statements and access to business sites and records. Grants persons declared to be ineligible for EPA benefits the opportunity for a hearing. Provides for public access to disclosure statements and business records, with the exception of confidential information.
United States · United States Congress · 2 August 1991
Amends the Solid Waste Disposal Act to prohibit, after 1993, the transport, treatment, storage, or disposal of hazardous waste outside the State in which such waste was generated.
United States · United States Congress · 2 August 1991
Food Quality Protection Act of 1991 - Title I: Cancellation and Suspension - Amends provisions of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) relating to cancellation and changes in classification or other terms or conditions of registration with respect to the authority of the Administrator of the Environmental Protection Agency. Requires that a rulemaking under such provisions be based on a validated test or other significant evidence raising prudent concerns of unreasonable adverse effects to man or to the environment. Sets forth procedural requirements for such a rulemaking. Provides for amendment of a rule and for judicial review. Allows the Administrator, in the case of a suspension, to waive certain requirements. Allows the Administrator to elect to proceed with a special review proceeding or a public interim administrative review proceeding, if published before a specified date, under the law in effect before enactment of this Act. Requires the Administrator to reassess each tolerance and exemption from the requirement for a tolerance at certain times in connection with reregistration of pesticides. Establishes the Science Review Board to assist the Scientific Advisory Panel in reviews conducted by the Panel. Revises procedures applicable after denial of an application for registration. Allows the Administrator to deny an application for registration because it does not comply with the requirements of a rule issued under provisions of this Act. Repeals provisions regulating the authority of the Administrator to initiate a public interim administrative review process. Declares a decision made after a hearing in certain circumstances during phase three of reregistration to be final. Amends provisions regulating: (1) review by district courts of suspension of registrations; and (2) public hearings. Title II: Data Collection - Directs the Secretary of Agriculture to collect pesticide use data of Statewide or regional significance for all the major crops and crops of dietary significance. Mandates research, development, and dissemination of integrated pest management techniques and other pest control methods that enable producers to reduce or eliminate application of pesticides which pose a greater than negligible dietary risk to humans. Title III: Amendments to the Federal Food, Drug, and Cosmetic Act - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to define, subject to exception, "pesticide chemical" as it is defined in the FIFRA. Adds to the list of prohibited acts under the FDCA violation of provisions relating to confidentiality of data, as amended by this Act. Deems a food adulterated if it bears or contains: (1) a pesticide chemical residue that is unsafe; or (2) a new animal drug, or conversion product thereof, that is unsafe. Sets forth requirements relating to tolerances and exemptions from the requirement of a tolerance for pesticide chemical residues in food, including residues of degradation products. Prohibits establishment of a tolerance higher than a level the Administrator of the Environmental Protection Agency determines is adequate to protect the public health. Sets forth the factors the Administrator must consider. Allows a greater than negligible dietary risk if: (1) use protects from greater adverse health effects to humans or the environment; (2) use avoids greater risks from another pesticide; or (3) the unavailability of the pesticide would reduce the availability of an adequate, wholesome, and economical domestic supply of the food, and the adverse effects from the reduction would outweigh the risk posed by the residue. Allows the Administrator to issue an exemption from the requirement for a tolerance only if the Administrator determines that a tolerance is not needed to protect the public health, in view of the levels of dietary exposure that could reasonably be expected to occur. Sets forth the factors the Administrator must consider. Sets forth procedures and requirements in connection with: (1) petitions for tolerances or exemptions; (2) certain actions authorized on the Administrator's own initiative; (3) the required submission of additional data to support the continuation of a tolerance or exemption; and (4) confidentiality of data submitted to the Administrator. Provides for continuation of previously issued regulations. Sets forth transitional provisions. Prohibits a final rule that revokes, modifies, or suspends a tolerance or exemption until the Administrator has taken any necessary action under the FIFRA with respect to the registration of the pesticide involved. Requires the Administrator, if the Administrator takes certain actions with respect to the registration of a pesticide, to revoke any tolerance or exemption that allows the presence of the chemical or chemical residue. Requires the suspension of any tolerance or exemption upon the suspension of the use of an associated registered pesticide. Provides for: (1) tolerances for unavoidable residues in the case of a residue of a canceled or suspended pesticide chemical that will unavoidably persist in the environment and thereby be present in or on a food; and (2) residues resulting from an application which was lawful at the time of the application. Directs the Administrator to require the payment of fees sufficient for the Administrator's functions under these provisions. Prohibits, subject to exception, a State from establishing or enforcing any limit on a qualifying pesticide chemical residue in or on any food which is not identical to Federal requirements. Prohibits a State from enforcing a residue limit which was lawful at the time of application. Authorizes appropriations for increased monitoring by the Secretary of Health and Human Services of pesticide residues in imported and domestic food.
United States · United States Congress · 2 August 1991
Pollution Prevention, Community Recycling, and Incinerator Control Act - Amends the Solid Waste Disposal Act to prohibit the issuance of permits for construction or expansion to municipal solid waste incinerators. Prohibits Federal agencies, State or local governments, or other waste management jurisdictions from issuing permits to such incinerators after December 31, 1999, unless the applicant demonstrates and the State finds that: (1) an annual waste composition analysis of the solid waste generated within the area to be served by the facility is conducted by the applicant and by entities from which the facility accepts waste; (2) such entities divert specified percentages of glass, paper, metals, plastics, and yard and food waste to waste management methods other than incineration; (3) the facility will not interfere with diversion rates; (4) it is not feasible to manage the remaining solid waste through source reduction, reuse, or recycling; (5) the facility will not adversely affect the environment or human health and is not situated in a nonattainment area identified under the Clean Air Act; (6) the facility will not harm the local economy; (7) the full cost of the facility over its entire life will be less costly than reducing, recycling, or composting waste; (8) the waste management jurisdiction conducts a public participation process (including a technical assistance grant to local community groups concerned about the project); (9) the proposed construction or expansion is approved by the unit of local government in whose boundaries the facility would be sited; (10) firms operating the facility are in compliance with environmental and public health statutes, have paid outstanding fines for violations of such statutes, and make disclosure statements available; and (11) an approved environmental impact statement is completed. Directs the Administrator of the Environmental Protection Agency to: (1) promulgate standards for waste composition analyses; and (2) review diversion rates triennially and require higher rates, if feasible. Treats ash from municipal solid waste incinerators as a hazardous waste under the Solid Waste Disposal Act. Requires such ash to be managed in a monofill containing only such ash and designed to: (1) prevent the migration of constituents during the operation of the facility; and (2) prevent the infiltration of precipitation during any closure or postclosure monitoring period. Provides for compliance with such requirement by existing incinerators within three years of the enactment of this Act. Prohibits the use of such ash for any purpose. Prohibits the incineration of household hazardous waste, batteries, chlorinated plastics, consumer electronics, and yard waste in such incinerators. Prohibits the issuance of permits or prior approval for the construction or expansion of hazardous waste incinerators unless: (1) waste composition analyses are conducted by the applicant and generators of waste to be incinerated at the facility; (2) specified toxics use reduction requirements have been met and the facility will not interfere with the implementation of such requirements; (3) the facility will not adversely affect the environment or human health; (4) the facility will not harm the local economy; (5) there is no safer disposal or treatment technology available for any of the wastes; (6) the waste management jurisdiction conducts a public participation process (including a technical assistance grant to local community groups concerned about the project); (7) the proposed construction or expansion is approved by the unit of local government in whose boundaries the facility would be sited; (8) firms operating the facility are in compliance with environmental and public health statutes, have paid outstanding fines for violations of such statutes, and make disclosure statements available; and (9) an approved environmental impact statement is completed. Requires hazardous waste generators, as part of the permit process, to report annually on the use, and reduction of the use, of toxic or hazardous substances at their facilities. Directs permit applicants to demonstrate that the State in which the incinerator is located, and each State in which generators of hazardous waste to be incinerated at the facility are located, are implementing toxics use reduction programs. Applies this Act's requirements to any facility that burns hazardous waste.
United States · United States Congress · 2 August 1991
Amends the Federal Water Pollution Control Act to authorize the Administrator of the Environmental Protection Agency to make grants to any State, municipality, or intermunicipal or interstate agency for: (1) the construction of publicly owned treatment works which will discharge pollutants into coastal waters; (2) repairs and upgrades to wastewater treatment plants which discharge pollutants into such waters; (3) efforts to reduce and abate combined sewer overflows which result in such discharges; and (4) additional pollution abatement efforts to address pollution resulting from municipal sewage discharges into such waters. Gives priority in the awarding of grants to: (1) applications for construction of treatment works which will discharge into an estuary of national significance for which a conference has been convened; (2) applications from municipalities and intermunicipal agencies for application of low-cost, low-maintenance sewage treatment technologies; and (3) applications from municipalities and intermunicipal agencies which are making expenditures for purposes for which such grants are made to the limit of their financial capability. Limits the Federal share of the cost of construction of a publicly owned treatment works and the total amount of grants for construction in any State. Authorizes appropriations.
United States · United States Congress · 2 August 1991
Title I: International Monetary Fund - Amends the Bretton Woods Agreements Act to authorize the U.S. Governor of the International Monetary Fund to consent to: (1) an increase in the U.S. quota in the Fund; and (2) the amendments to the Articles of Agreement of the Fund approved in resolution 45-3 of the Fund's Board of Governors. Authorizes the Secretary of the Treasury to instruct the U.S. Executive Director of the Fund to approve the Fund's pledge to sell a specified amount of the Fund's gold to restore the resources of the Reserve Account of the Enhanced Structural Adjustment Facility Trust to meet obligations to lenders who have made loans to the Trust for financing programs of members previously in arrears to the Fund. Title II: International Finance Corporation - Amends the International Finance Corporation Act to authorize the U.S. Governor of the International Finance Corporation to vote for an increase in, and subscribe to additional shares of, the Corporation's capital stock. Authorizes appropriations. Title III: Asian Development Bank - Amends the Asian Development Bank Act to authorize the U.S. Governor of the Asian Development Bank Act to subscribe to additional shares of the Bank's capital stock. Authorizes appropriations. Title IV: African Development Fund - Amends the African Development Fund Act to authorize the U.S. Governor of the African Development Fund to contribute a specified amount to the sixth replenishment of the Fund. Authorizes appropriations. Title V: Enterprise for the Americas Initiative - Enterprise for the Americas Initiative Act of 1991 - Subtitle A: Provisions Relating to the Enterprise for the Americas Investment Fund at the Inter-American Development Bank - Authorizes the Secretary of the Treasury to contribute a grant to the Enterprise for the Americas Investment Fund to be administered by the Inter-American Development Bank (IDB). Authorizes appropriations. Requires the Fund to: (1) provide grants to advance market-oriented policy initiatives and reforms to encourage investment in Latin America and the Caribbean; and (2) finance technical assistance for privatizing government-owned industries, enterprise development and business infrastructure, and worker training and education programs. Permits the Secretary to seek contributions to the Fund from other countries. Subtitle B: Enterprise for the Americas Facility - Establishes in the Department of the Treasury the Enterprise for the Americas Facility to support improvement in the lives of the people of Latin America and the Caribbean through market-oriented reforms and economic growth with actions to promote debt reduction, investment reforms, trade liberalization, and community based conservation and sustainable use of the environment. Makes eligible for Facility benefits Latin American or Caribbean countries that: (1) have in effect, received approval for, or are making progress toward, specified International Monetary Fund arrangements and structural or sectoral adjustment loans from the International Bank for Reconstruction and Development or the International Development Association; (2) have put in place major investment reforms in conjunction with an IDB loan or are implementing or making progress toward an open investment regime; and (3) have agreed with commercial bank lenders on a financing program for debt or debt service reduction. Subtitle C: Debt Reduction - Authorizes the President to reduce the amount owed to the United States (as a result of concessional loans made pursuant to the Foreign Assistance Act of 1961 or predecessor foreign economic assistance legislation) by any country eligible for Facility benefits. Declares that this title may be exercised notwithstanding provisions of the Foreign Assistance Act of 1961 and the International Development and Food Assistance Act of 1975 concerning repayments of loans outstanding after September 19, 1966, and the settlement of debts owed to the United States. Sets forth requirements with respect to the exchange of obligations, repayment of principal, and interest on new obligations issued by beneficiary countries. Subtitle D: Enterprise for the Americas Environmental Funds - Requires beneficiary countries that enter into Environmental Framework Agreements to establish Enterprise for the Americas Environmental Funds. Authorizes the President to enter into Environmental Framework Agreements concerning the operation and use of Environmental Funds with countries eligible for Facility benefits. Directs administering bodies in each beneficiary country to administer the Environmental Funds and to make grants for environmental activities. Requires grants from the Funds to be used for activities that link the conservation and sustainable use of natural resources with local community development. Subjects grants of more than $100,000 to veto by the U.S. Government or the government of the beneficiary country. Establishes an Environment for the Americas Board to: (1) advise the Secretary on the negotiations of Environmental Framework Agreements; (2) ensure that a suitable administering body is identified for each Environmental Fund; and (3) review the programs, operations, and fiscal audits of administering bodies. Declares that the President should: (1) encourage other official creditors of beneficiary countries whose debt is reduced under this Act to provide debt reduction to such countries; and (2) ensure that Environmental Funds are able to receive donations from private and public entities and private creditors of beneficiary countries. Subtitle E: Sales, Reductions, or Cancellations of Loans or Assets - Authorizes the President to: (1) sell to any eligible purchaser any loan of an eligible country made pursuant to the Export-Import Bank Act of 1945; (2) sell to any eligible purchaser any asset acquired by the Commodity Credit Corporation in connection with export sales to an eligible country or specified export credit guarantee programs; and (3) reduce or cancel any loans or assets made or acquired before 1991 upon receipt of payment from an eligible purchaser. Permits loans or assets to be sold only to purchasers who present plans to the President for using such loans or assets to engage in debt-for-equity, debt-for-development, or debt-for-nature swaps. Authorizes loans or assets to be reduced or canceled only for purposes of facilitating such swaps. Subtitle F: Reports - Directs the President to report annually to the Speaker of the House and the President of the Senate on the Facility.
United States · United States Congress · 2 August 1991
San Gabriel Basin Demonstration Project Act of 1991 - Authorizes any public agency, with the prior approval of the Administrator of the Environmental Protection Agency (EPA) and the Los Angeles Regional Water Quality Board (Regional Board), to carry out a plan to construct facilities to assist in the restoration of the San Gabriel Aquifer whether or not the demonstration project authorized by this Act is being implemented. Amends the Federal Water Pollution Control Act to direct the EPA Administrator to enter into a cooperative agreement with the Regional Board to provide water treatment to remove volatile organic compounds and other contaminants from water in the San Gabriel Aquifer. Requires the agreement to provide for consultation with specified regional water districts and authorities. Directs the Regional Board, pursuant to the agreement, to: (1) withdraw, treat, and reinject water from the San Gabriel Valley Groundwater Basin (Basin); or (2) provide treatment for water withdrawn by qualified public water systems from the Basin. Provides for such treatment without reimbursement from the owners or operators of such systems. Denies treatment pursuant to the agreement until the Administrator finds that: (1) State and local governments have made commitments to provide advance reimbursement for ten percent of total costs incurred by the Administrator in carrying out this Act; (2) the State has established a board to enforce rules governing the location of wells used to withdraw water from the Basin and governing the quantity of water to be withdrawn (prohibits more than 50 percent of a board's members from being representatives of persons entitled to withdraw water); and (3) 85 percent of potentially responsible parties (persons who may be liable under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (Superfund) for the cleanup of hazardous substances in the Basin and who represent 80 percent of the anticipated revenue from all identified parties) have entered into contracts providing for annual reimbursements to the Administrator for costs incurred in carrying out this Act. Designates persons entering into contracts as participating parties. Requires participating parties entering into such contracts to: (1) conduct environmental audits of all of their property in the San Gabriel Valley; and (2) carry out removal and remedial actions with respect to hazardous substances in the soil of such property to comply with Superfund standards. Directs the Administrator to establish a cost allocation formula for such parties. Bases the share of costs to be paid by a party on the following: (1) the Standard Industrial Code Number (SIC) of the party and the Administrator's estimate of the likelihood that industrial operations having that SIC Number contributed to contamination of the Basin; (2) the gross sales of the party in a baseline year established by the Administrator; (3) the ability of the party to pay; and (4) prior expenditures made by the party for groundwater remediation in the Basin. Requires the total contribution of such parties to equal 80 percent of the costs of carrying out the treatment project, except that the maximum obligation of a party shall not exceed 200 percent of such party's share of estimated total costs. Requires water treatment to be adequate to insure compliance with standards applicable to drinking water under the Safe Drinking Water Act or any more stringent State law. Authorizes appropriations to the Administrator to cover ten percent of the costs of carrying out this Act. Makes Federal and State costs under this Act recoverable under Superfund from potentially responsible parties not participating in contracts. Absolves participating parties of liability for the removal or response costs with respect to hazardous substances in the Basin or for damages to natural resources to the extent that releases occurred before the enactment of this Act and are identified in site assessments. Removes the exemption from liability if the party: (1) has failed to make any portion of the contribution required by the contract or to carry out required activities; or (2) has filed a suit against another person for contribution of costs. Prohibits participating parties from bringing actions against other persons for contributions of costs. Absolves owners or operators of public water systems of liability in suits for recovery of response costs brought by potentially responsible parties who are not participating in the project under this Act. Sets forth requirements for environmental audits.